| June 8, 2009 |
City Council Meeting
Minutes
June 8, 2009
City Council Chambers
7:00 p.m.
3. Pledge of Allegiance.
Action: Councilor Lemieux moved approval of the May 11, 2009 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
- Consent Agenda Items –
Action: Councilor Lemieux moved approval the consent agenda. The motion was duly seconded and passed with no dissenting votes.
Referral to the General Services Department
7. Request from Councilor Bennett for the painting/restriping of the intersection of Pleasant Street in Concord.
Items Tabled for a June 22, 2009 Public Hearing
8. Resolution fixing and determining the amount of money to be appropriated by the City of Concord for the fiscal year 2010 ending June 30, 2010.
9. Resolution amending the amount of money to be appropriated by the City of Concord for the fiscal year 2010 ending June 30, 2010. (To be submitted under separate cover)
11. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 1, Government Organization, by amending Schedule I of Article 1-5, Fees, Fines and Penalties, Water Rates.
12. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 1, Government Organization, by amending Schedule I of Article 1-5, Fees, Fines and Penalties, Sewer Rates.
Items Tabled for a July 13, 2009 Public Hearing
From the City Manager
Consent Reports
Consent Resolutions
31. Resolution transferring the sum of $13,000 from compensation adjustment; together with report from the Deputy City Manager – Finance. .
32. Resolution designating depositories for the City of Concord, New Hampshire for the Fiscal Year 2010; together with report from the City Treasurer.
33. Resolution relative to short-term investment of excess funds.
34. Resolution authorizing prepayment of 2009 Taxes in Accordance with RSA 80:52-a.
35. Resolution authorizing the City Manager to submit an application to the Target & Blue Grant Program to provide supplemental funding of up to $2,000 for the 2009 National Night Out; together with report from the Police Department.
36. Resolution authorizing the City Manager to enter into a grant agreement with the New Hampshire Department of Environmental Service 319 Watershed Assistance Grant Program for the purpose of administering a Watershed Management Plan Proposal for the Horseshoe Pond Watershed; together with a report from the Associate Engineer.
37. Resolution authorizing the City Manager to enter into a Municipal Agreement with the New Hampshire Department of Transportation 319 Watershed Assistance Grant Program for the purpose of administering a Watershed Management Plan for the Horseshoe Pond Watershed; together with a report from the Associate Engineer.
38. Resolution authorizing the City Manager to submit an application to the United States Department of Justice – Edward Byrne Memorial Justice Assistance Grant Program for funds designated for law enforcement related programs; together with report from the Police Department.
Consent Communications
40. Street closure request from the Concord Substance Abuse Coalition for a statewide resource fair to celebrate Red Ribbon Week to be held on October 24, 2009.
**End of Consent Agenda**
A. Resolution amending and re-adopting the City of Concord’s Revolving Loan Fund Program Income Reuse Plan; together with a report from the Community Development Advisory Council. (5-9)
Action: City Manager Tom Aspell provided a brief overview explaining that three changes are recommended: 1) the procedures which applicants shall follow when applying for emergency grants; 2) the rules concerning the assessment of late payment penalties; 3) clarification to guidelines concerning the verification of household income when alimony is involved.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
B. Resolution accepting the sum of $11,633.34 from the New Hampshire Charitable Foundation for reimbursement of City expenses for construction and maintenance of the City skateboard park; together with a report from the Assistant for Special Projects. (5-10)
Action: City Manager Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
C. Resolution accepting and appropriating the sum of $337,598 in Community Development Block Grant funds from the NH Community Development Finance Authority to support weatherization and energy efficiency improvements to properties operated by Second Start located in West Concord; together with a report from the Assistant for Special Projects. (5-11)
Action: City Manager Aspell provided a brief overview explaining that the city applied for $337,598 in Community Development Block Grant funds to support the weatherization and energy improvements to properties occupied by Second Start at 17 Knight Street and the former West Concord Firehouse located at 450 North State Street. He noted that the city has been notified that this grant application was successful and that the city will likely be required to extend its current lease with Second Start for the former West Concord Firehouse for up to twenty years which is required by federal and state rules associated with the CDBG program. He added that Second Start’s current lease expires on December 30, 2017 and that the city shall receive up to $24,333 to assist with operating costs associated with administration of the grant.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
D. Proposed Road Maintenance Agreement for Break O' Day Drive between the City of Concord and ZED Properties LLC; together with a report from the Planning Board.(5-12)
Action: City Manager Aspell provided a brief overview explaining that the city has never entered into such an agreement with a private party for the maintenance of a public roadway and does not currently have a precedent or standard for this type of agreement. He added that the city can legally enter into such a maintenance agreement but that agreement would need to be authorized by the City Council. Mr. Aspell explained that the agreement was drafted by the applicant and reviewed and critiqued by city staff. He highlighted some points and conditions contained within the agreement.
Councilor Lemieux asked what the advantage was to the city in executing this. Mr. Aspell indicated that the applicant is looking at building a commercial building on site in which there would be quite an increase in tax revenue, jobs associated with this, and the city would not have to maintain the street. Councilor Lemieux inquired whether staff had an estimate as to what those savings would be. Mr. Aspell responded that he did not have that figure.
Mayor Bouley declared the hearing open. There being no public testimony, the
Mayor closed the hearing.
E. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 2, Finance; Article 2-6, Finance and Taxes, Section 2-6-3, Budget Adoption; together with report from the Deputy City Manager – Finance. (5-13)
Action: City Manager Aspell provided a brief overview.
Councilor Keach inquired as to what the advantage was to have this ordinance expire in one year. Mr. Aspell responded that given the extraordinary circumstances at the State House, this would only need to be done for this year. He added that the state budget is a two year budget so once this is adopted it would not be needed next year.
Mayor Bouley asked what budget the city would move forward with if Council does not adopt something by the end of the fiscal year. Mr. Aspell responded that an agreement would need to be made in terms of how to expend funds moving forward. He explained that the real difficulty would be with the reductions that are proposed and how these would be handled.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
F. Resolution appropriating the sum of $39,788 in Edward F. Byrne Grant Program funds from the State of New Hampshire Department of Justice for the replacement of a Police Officer assigned to the NH Drug Task Force; together with report from the Police Department. (5-14)
Action: City Manager Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
G. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-6, Parking Prohibited at All Times in Designated Places, Schedule I, Washington and N State Street; together with report from the Parking Committee. (4-17) (5-35G:5-42)
Action: There being no objection public hearing items G and H were read at the same time. City Manager Aspell provided a brief overview for both items.
Mayor Bouley declared the hearing open for items G and H.
Public Hearing
Thomas Economides noted that he feels that there is a problem in this area especially during the winter. He indicated that approximately a month and a half ago someone backed out of a driveway and hit a parked car.
There being no further public testimony, the Mayor declared the hearings closed for items G and H.
H. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-8, Parking Time Limited in Designated Places, Schedule I, Washington and N State Street. (4-18) (5-35H; 5-43)
Action: Public hearing for this item taken with public hearing item G.
I. Ordinance amending the Code of Ordinances, Title IV, Zoning Code: Chapter 28, Zoning Ordinance, Sanel Block Rezoning; together with report from the Assistant for Special Projects. (5Sus4) (Report from the Planning Board submitted)
Action: City Planner Doug Woodward provided a history of this item. He explained that in discussing these, the Planning Board traditionally reviews the Master Plan and there are provisions in the zoning ordinance that describe the process for amending the zoning and what criteria the Planning Board should look at. He indicated that the Planning Board report contains a number of excerpts that they discussed which were adopted in the Master Plan that address goals and policies for the downtown relating to mixtures of land uses including housing. Mr. Woodward indicated that the Planning Board was satisfied that there was a consistency with the Master Plan in terms of the land uses and they then discussed the history of the zoning of this area and why it would make sense to move the current dividing line. He explained that one of the key differences between the two districts is primarily that parking is not required of the private land owner in the downtown central business core and as moving away from this core, then there is that requirement for off street parking. After further explanation of the zoning ordinance, Mr. Woodward indicated that the Planning Board felt that there were benefits to be had and if there were any impacts they were not of any substantial nature. He noted that the Planning Board voted unanimously to recommend this for Council consideration.
Matt Walsh, Assistant for Special Projects, directed Council to the summary provided within his report dated May 11, 2009 he explained that the change is consistent with the city’s 1997 Downtown Master Plan, the Concord 2020 Vision Plan, the Opportunity Corridor Master Plan, as well as the recently adopted 2030 Master Plan. He indicated that the change is beneficial from beyond this developer’s particular piece of property and very advantageous for the Capitol Center for the Arts, the Kennedy Apartment Building as well as properties to the north. He added that there are no residential neighborhoods that are directly abutting this area and the CU District is typically used as a transitional area for downtown to help to buffer those residential neighborhoods but there really isn’t one in this case. Mr. Walsh explained that the rezoning will really allow for the momentum that was established by the Capitol Commons project to continue down South Main Street which has been a long standing city goal for many years.
Councilor Nyhan inquired whether the proposed site falls in the Downtown Solid Waste District. Mr. Walsh responded that it does not explaining that the current Downtown Solid Waste District ends around Hills Avenue and that there has been discussion with the developer about extending that district south to Theatre Street in order to serve this particular project and other properties that are around there.
Mayor Bouley declared the hearing open.
Public Testimony
Jessica Eshleman, MainStreet Concord Executive Director, noted that MainStreet Concord feels strongly that this rezoning will prepare the downtown south end to support a wide variety of uses both business and for creative enterprise and the demand for residential units that will be evident when looking to the future. She added that this will bring the Capital Center for the Arts and the Kennedy Apartment Buildings into the same district for zoning which is felt will be helpful when they are looking at redevelopment projects themselves. She noted that rezoning this district to a Central Business Performance District opens up the opportunity to do a major face lift in this area and could result in a number of positive impacts. Ms. Eshleman indicated that there stands to be a great deal of economic benefits that could result from the rezoning especially if the proposed Duprey project is implemented. She noted that MainStreet Concord supports the rezoning of the area in the south end of Main Street from Urban Commercial District to Central Business Performance District.
There being no further public testimony, the Mayor closed the hearing.
June 8, 2009 Public Hearing Action
Action:
Councilor Lemieux moved approval. The motion
was duly seconded and passed with no dissenting votes.
Action: Councilor McClure moved approval. The motion was duly seconded.
Councilor Nyhan thanked Matt Walsh, Assistant for Special Projects, for his diligence of obtaining these funds.
Councilor McClure’s motion passed with no dissenting votes.
Action:
Councilor Lemieux moved approval. The motion
was duly seconded and passed with no dissenting votes.
Action:
Councilor Lemieux moved approval. The motion
was duly seconded and passed with no dissenting votes.
Action: Councilor Nyhan moved approval. The motion was duly seconded.
Referencing Council adopting the budget on June 22nd, Councilor Werner asked whether the Council would have an opportunity to amend decisions made during the budget adoption if the state does come up with additional revenues. Mayor Bouley noted that he has had mixed emotions about this and if he has his way, the Council is going to finish before the end of the month. He indicated that bringing this forward, this gives Council as much possible flexibility they could have. In response to Councilor Werner’s question, the Mayor indicated that he was unsure. City Manager Aspell indicated that it is a much greater possibility of losing money than gaining money. Referencing either case, Councilor Werner asked if Council would need to revisit this. Mr. Aspell responded that to be correct.
Mayor Bouley noted that he would be voting in favor of this ordinance only because it gives Council flexibility but that he wants to clarify that he has all intentions of pushing hard to finish by the end of the month.
Councilor Nyhan’s motion to approve passed with no dissenting votes.
Action: Councilor Nyhan moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Lemieux moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Lemieux moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor St. Hilaire moved approval. The motion was duly seconded and passed with no dissenting votes.
Reports
Action: City Clerk Janice Bonenfant provided a brief overview explaining that this is asking Council to consider setting a date for a special election to be held to fill the currently vacant State Representative seat for District 11 which encompasses Wards 4, 8, 9 and 10. She noted that in accordance with State RSA’s, if Council chooses to hold a special election it could be held in conjunction with the Municipal Election to be held November 3rd.
Councilor McClure inquired whether this is the least expensive way to fill this vacancy. Ms. Bonenfant indicated that to be correct.
Councilor St. Hilaire moved to adopt the recommendation. The motion was duly seconded.
Mayor Bouley clarified that Council’s recommendation will be forwarded to the Governor and Executive Council for their meeting on June 17th. He pointed out that the filing period would be held between August 17th and August 24th and, if necessary, a Primary Election will be held on September 29th. He added that the election to fill the vacancy would be held on November 3rd in conjunction with the Municipal Election.
Councilor St. Hilaire’s motion passed with no dissenting votes.
Comments, Requests by Mayor, City Councilors
Councilor McClure updated Council on the 21st Century Library Task Force explaining that they have been meeting since January and were given three charges by the Council including: 1) to develop site selection alternatives and choose a site; 2) develop an estimate of operation costs; 3) develop an estimate of what kind of fundraising potential there was in the community for the library. Referencing charges 2 and 3, she explained that the committee could not do until they had a clear understanding of where the library was going to be and what the facility was going to look like. She thanked Matt Walsh and Pat Immen with all their help on this committee. She noted that Matt Walsh is developing a list of approximately 36 sites to bring forth to the committee; 5 or 6 at a time to be discussed at each of the meetings. She indicated that at the last meeting, members decided that their next time frame of deadlines and goals they hope to have meetings with local groups in the fall and with the public and hopes to have finished narrowing down the sites that the committee feels are appropriate for a new library. She noted that there is consensus on the committee that if they can get community consensus around where the site may be some time in the future, they would encourage the city to move forward on the acquisition of that site and anticipation of saving a great deal of money by doing so in the long run by acquiring it now.
Councilor Shurtleff commended Councilor McClure for the job she is doing by chairing the committee.
Mayor Bouley noted that he attended an all school meeting at Beaver Meadow School this morning for the recognition of the retirement of Dr. Roger Brooks. He pointed out the great job that the children of this community did at this event.
Adjournment
The time being 7:45 p.m., Councilor Nyhan moved to adjourn the meeting. The motion was duly seconded and passed with no dissenting votes.
A true copy; I attest:
Michelle Tiffany
Deputy City Clerk