| October 13, 2009 Meeting Minutes |
|
City Council Meeting
Minutes
October 13, 2009
Non-public session in
accordance with RSA 91-A: 2, I (b)
to discuss collective bargaining strategies.
City
Council Chambers
7:00 p.m.
Action: Councilor McClure moved approval of the September 14, 2009 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
- Consent Agenda Items –
Note: Items listed as pulled from the consent agenda will be discussed at the end of the meeting following unfinished business.
Action: Councilor St. Hilaire moved approval the consent agenda, as amended, with items 8, 15, 16, 20 and 24 removed for discussion at the end of the agenda. The motion was duly seconded and passed with no dissenting votes.
Referral to Community Development and the General Services Department
Referral to General Services
Action: This item was removed for discussion at the end of the agenda.
Items Tabled for a November 9, 2009 Public Hearing
From the City Manager
Consent Reports
Action: This item was removed for discussion at the end of the agenda.
Action: This item was removed for discussion at the end of the agenda.
Action: This item was removed for discussion at the end of the agenda.
Action: This item was removed for discussion at the end of the agenda.
Consent Resolutions
Consent Communications
**End of Consent Agenda**
A. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 1, Government Organization; Article 1-3, Miscellaneous Regulations, Section 1-3-7, Polling Hours on Election Day; together with report from the Election Review Committee in response to a communication from Linda Abbott, Mike Hogan, Jackson Amrol, and Yvonne Stahr requesting Council consider extending polling times within the City of Concord. (3Sus1) (9/9) (Public testimony received (Revised page three of report and additional public testimony submitted)
Action: Councilor St. Hilaire, Election Review Committee Chair, explained that the committee met in response to a letter submitted by some residents that wanted polling hours expanded. He indicated that the committee met on several occasions and also held a meeting in which ward officials were invited to testify regarding their feelings about changing the polling hours. He explained that the end result was that the committee decided to eliminate early am voting at the City Auditorium; expand voting hours at all ten polling locations from 8:00 am - 7:00 pm to 7:00 am – 7:00 pm; eliminate the $12.00 meal money; and a pay increase for ward officials within option 5 submitted this evening. He indicated that he will be making the motion to make these changes effective July 1, 2010 because there is not enough time to give the ward officials to prepare for this change and not enough time to notify residents of this change for the upcoming election in November; secondly, with an increase in pay the committee felt that it was appropriate that this be addressed within the next budget cycle.
Councilor Blanchard inquired whether early am voting would still be in effect for the upcoming November 3, 2009 election. Councilor St. Hilaire responded that if Council votes with the recommendation then the changes would not be effective until July 1, 2010.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
B. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-22, Parking Prohibited During Winter Emergency; together with report from the Parking Committee. (9-10)
Action: City Manager Tom Aspell provided a brief overview explaining that the city’s overnight parking ban begins at 11:00 p.m. and that the Parking Committee is making a recommendation to the City Council that this be moved back to midnight. He added that this is a pilot program which is entering into its second year and that they have discussed making modifications as time goes on to make it better for downtown.
Councilor Bennett, Parking Committee Chair, indicated that the committee has met several times on this issue explaining that there are six restaurant owners in the downtown area who wanted to move this from 11:00 p.m. to 1:30 a.m. He explained that the committee had a meeting in which three of the restaurant owners and General Services Director Chip Chesley attended. He noted that Mr. Chesley had indicated that he could not guarantee that the downtown would be cleared by 8:00 a.m. or 9:00 a.m. if the time is moved beyond midnight. Councilor Bennett added that the committee had asked Jessica Eschleman, Main Street Concord, to poll the constituency downtown to find out how many in the downtown area would go along with moving the ban beginning midnight and there was a significant majority that felt that midnight would be an appropriate time to place the ban in effect.
Councilor Bouchard inquired whether anyone asked to have the ban later. Councilor Bennett responded that the restaurant owners wanted it to be at 1:30 a.m. Councilor Bouchard asked if this was to help the employees stating that she did know of one employee that had their vehicle towed which is a hardship. Councilor Bennett indicated that most of the merchants on Main Street have issues with the snow removal going beyond 9:00 a.m. because parking spaces are not accessible for their customers. Mayor Bouley added that there is a balance to this because the later it goes in the evening; the more that it affects the morning. He indicated that what the committee had wrestled with is that if the ban goes beyond midnight then this is directly impacting businesses that open in the morning. He added that the committee came up with a reasonable solution by weighing all the input from the businesses in the early morning versus the businesses later in the evening. Councilor Bouchard asked what the solution is for the employees working at these establishments. Mayor Bouley responded that there is a parking garage located downtown. Councilor Bouchard commented that for a single woman walking from one end of the Main Street to the other end to a dark garage at 1:30 a.m. is not wise.
Councilor St. Hilaire asked if there was any flexibility in the plan if the entire night is not needed to clear the snow if for instance there is only two inches of snow. City Manager Aspell responded that the city would not call an emergency.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
C. Resolution re-adopting the provisions of RSA 79-E Community Tax Relief Incentives; together with a report from the Assistant for Special Projects. (9-11)
Action: City Manager Aspell provided a brief overview explaining that the city does have RSA 79-E in place as it was originally adopted by the legislature. He indicated that staff and Council did work with the legislature to make a change to this RSA and in order to have this apply, Council needs to readopt this. He pointed out that the expanded provisions of RSA 79-E only apply to properties where qualifying structures exist and shall be demolished in order for a new building to be erected in place of the original building. The statute as currently drafted, does not apply to vacant land. He added that public benefits that are defined include: the project must enhance the economic vitality of the downtown; project enhances and improves a structure that is culturally or historically important; project promotes development of municipal centers providing for efficiency, safety and a greater sense of community; project increases residential housing in urban or town centers. Mr. Aspell explained that the same pieces apply as it relates to the number of years applicable under the old RSA with the new RSA. He added that like the original statute, the revised law requires owners of buildings to enter into covenants with the city to ensure that the new building shall be maintained and used in a manner that further benefits the public.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
D. Ordinance amending the Code of Ordinances, Title IV, Zoning Code; Chapter 28, Zoning Ordinance, Small Wind Energy Systems; together with report from the Planning Board. (9-12)
Action: City Manager Aspell provided a brief overview explaining that this ordinance was drafted based on a model ordinance published by the NH Office of Energy and Planning and had been reviewed by the City Solicitor. He indicated that the proposed standards include: setbacks; clearing; access restrictions; visual impact; noise; signage; shadow flicker; height of above the tree canopy. He noted that large wind energy systems which are rated at capacity of 100 kilowatts or above is considered a utility and goes through a different process. He added that after discussion at the regular meeting on August 19, 2009 the Planning Board voted unanimously to recommend this change to the City Council.
Referencing page two of the report, Councilor Lemieux indicated that there is a mention that rooftop wind energy systems will not be governed by this ordinance. He asked whether there is a potential that rooftop energy systems could have the same visual or noise impacts as the others. Steve Henninger, Planning Department, explained that they have structured the revision to the zoning ordinance to address wind energy systems in three ways: 1) small wind energy system that the legislature mandated be addressed; 2) the utility scale wind energy systems; 3) rooftop or building attached units. He explained that rooftop or building attached units would be handled through a conditional use permit process if they are over the height limit and through the Architectural Design Review. He indicated that he expects that the city will see rooftop building mounted wind turbines before seeing the conventional small wind build on towers. Mr. Henninger added that the city can deal with rooftop units under the city’s current regulations but have also structured the ordinance so that these standards would apply to all types of wind facilities not just those that are covered in the small wind section.
Councilor Lemieux asked, that if rooftop units are coming around sooner than the others, isn’t there more of an urgency to control them. He pointed out that the examples that are given is that they will be treated as chimneys, telecommunication equipment and steeples in which none of these would generate noise. He noted that he is concerned that without controlling them they will begin to appear on roofs and start to bother neighbors because of the noise. Mr. Henninger responded that the standards that are set for the noise levels for the small wind also would apply to the rooftop units. He explained that the ordinance is structured to apply to all wind turbines not just those that are classified as small wind as defined in the zoning ordinance. He added that the state statute limits how low the noise standard can be set, 55 decibels.
Councilor Blanchard asked whether staff found examples of other cities with this ordinance in which people have installed these units. Mr. Henninger responded that people have done this across the country explaining that this model ordinance is similar to ordinances that he has seen from Massachusetts and Michigan. He added that a number of communities statewide have adopted the model ordinance.
Councilor Lemieux noted that he believes there to be information that is conflicting and pointed out that it indicates that rooftop wind energy systems will not be governed by the ordinance and believes that Mr. Henninger had stated that it would be. City Manager Aspell referenced page one and two of the ordinance, rooftop units, noting that the last sentence indicates that they are to comply with subsections 3 through 10 in Section 28-5-47(g) Standards for Review which begins on page four of the ordinance. He explained that it covers all of these items for a rooftop unit as it does for an independent tower system.
Referencing page two of the report, Councilor McClure inquired as to what it means when it reads that rooftop wind energy systems will not be governed by the ordinance. City Manager Aspell responded that these energy systems shall be reviewed and approved as a conditional use pursuant to 28-4-1(f)(3). He explained that it is just a different place of where they are going but is covering the same things and ties back to the same requirements.
Councilor Nyhan asked how loud 55 decibels is. Mr. Henninger explained that a 60 percent decibel is equivalent to a large store or office interior and is also equivalent to a television set at one meter or a conversation that is currently being held. He indicated that a normal residence is 40 to 50 decibels and the World Health Organization recommends a 45 decibel level for night time sleeping with windows open. He noted that the sound level maximum is at the property line and then there is a set back from there.
Referencing the tower height, Councilor St. Hilaire asked if somebody wanted to build something that was still compliant with FAA regulations but place a 30 foot tower on top of their house to get more wind, where the regulations are that says you can only have a 10 foot one. Mr. Henninger responded that most of the residential districts have a 35 foot height limit and if they were going to go above this, they would have to go through a special conditional permit and would be reviewed on a case by case process. Councilor St. Hilaire indicated that other towers that are not attached to buildings and that are placed on the ground are regulated by the proposed ordinance. He noted that this is different than getting a conditional use permit because here you could go 35 feet above the tree canopy and this is a lot higher than the 35 feet of somebody else having to get a conditional use permit. Councilor St. Hilaire asked why somebody would have to go through this ordinance for one and then just assume that they will know that they need a conditional use permit for this. Mr. Henninger responded that they would address it at the building permit stage because they will require electrical and structural permits to install.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
E. Resolution authorizing the expenditure of $1,200,000 and authorizing the issuance of $1,200,000 in bonds and notes for the refurbishment of one Biotower at the Hall Street Waste Water Treatment Plant; together with report from the General Services Department. (9-13) (Revised resolution submitted)
Action: City Manager Aspell provided a brief overview explaining that they were able to reduce the amount that is being requested for bonds for two reasons: 1) there is $77,000 left in the biotower design; 2) there is $125,000 saving from the grit construction project. He indicated that these two combined can reduce the resolution this evening to $975,000.
Councilor Lemieux moved to substitute the revised resolution with the one previously advertised. The motion was duly seconded and passed with no dissenting votes.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
F. Resolution authorizing the expenditure of $260,000 and authorizing the issuance of $260,000 in bonds and notes for the replacement of existing sludge transfer screw conveyors at the Hall Street Wastewater Treatment Plant, CIP #104; together with report from General Services. (9-14)
Action: City Manager Aspell provided a brief overview.
Council discussion occurred in regards to odor control.
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, North State Street; together with report from the Downtown Parking Committee. (9-15)
Action: The titles for public hearings G and H were read together. City Manager Aspell provided a brief overview.
Councilor McClure moved to substitute the revised resolution for item H with the one previously advertised. The motion was duly seconded and passed with no dissenting votes.
Mayor Bouley declared the hearings open for items G and H. There being no public testimony, the Mayor closed the hearings.
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 Prohibited at All Times in Designated Places, Schedule I; North State Street. (9-16) (Revised report submitted) (Revised ordinance submitted; revision originally submitted as item 30-G/38)
Action: Public hearing on this item taken with public hearing item G.
October 2009 Public Hearing Action
Action: Councilor Nyhan moved approval. The motion was duly seconded.
Councilor St. Hilaire moved to amend that the ordinance take effect on July 1, 2010. The motion was duly seconded and passed with no dissenting votes.
Councilor St. Hilaire urged Council to support the motion along with that to approve option five that was recommended by the Election Review Committee.
Councilor Shurtleff thanked the four individuals who brought the petition forth to Council.
Mayor Bouley thanked the committee and noted that he feels that their approach to this is a thoughtful one and that he appreciates the fact that they brought forth all the election officials giving everyone the opportunity to discuss the issues. He noted that he feels that this is a good thing for the City of Concord and hopes that it makes residents happy and enables them to participate within the process.
Councilor St. Hilaire pointed out that approval of this item would eliminate early am voting at the auditorium since all the polls will be open earlier.
The motion, as amended, passed with no dissenting votes.
Action: Councilor Coen moved approval. The motion was duly seconded.
Mayor Bouley thanked the committee noting that he feels that this was a real thoughtful process in how they deliberated working with the local downtown merchants and hopes that this is a good compromise for both those businesses that open up early and those that stay open late.
Councilor Bennett thanked the Parking Committee for their hard work.
The motion to approve passed with no dissenting votes.
Action: Councilor St. Hilaire moved approval. The motion was duly seconded.
Mayor Bouley indicated that it is important to note that the Duprey project is referenced several times within the report and that there is no questions that this particular project will be affected by this. He noted that he wanted to make sure that it is clear to everyone in the community that this is much bigger than any one particular project and that this re-adoption allows the city to have another tool within its economic development “tool box” to expand the tax base.
The motion to approve passed with no dissenting votes.
Action: Councilor Shurtleff moved approval. The motion was duly seconded.
Councilor Shurtleff complimented Steve Henninger for all the work he spent drafting this ordinance.
The motion to approve passed with no dissenting votes.
Action: Councilor Nyhan moved approval. The motion was duly seconded and passed with the required 2/3 votes with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
Action: Councilor Blanchard moved approval. The motion was duly seconded and passed with the required 2/3 votes with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
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.
Reports
New Business
Unfinished Business
Action: No action taken. This item remains on the table.
Action: Councilor Shurtleff moved to take this item off the table. The motion was duly seconded.
Councilor Keach indicated that the only issue that he feels that hasn’t been resolved was that of uniform towing fees. Mayor Bouley noted that this is not an issue that needs to be addressed with the ordinance that was approved this evening. He indicated that this was more of a policy decision within the Police Department and is being addressed.
The motion to take off the table passed with no dissenting votes.
Councilor St. Hilaire moved approval of the report. The motion was duly seconded and passed with no dissenting votes.
Comments, Requests by Mayor, City Councilors
Councilor Nyhan referenced info item 8 and thanked NH The Beautiful for their donation of $25,000 for the reimbursement of recycling bins.
Councilor Shurtleff explained that the Concord School District is the only school district that has a charter that must be given permission by the legislature before any changes can be made. He noted that as a result of this, this past year the legislature passed a bill that set up the Concord Charter Commission to look at that charter and to make recommendations to the legislature by December 1st whether the City of Concord wanted to maintain the status quo and have legislative oversight or to change this and take the legislature out of the equation. He stated that on October 20th the Concord Charter Commission will be meeting at City Council Chambers at 6:00 p.m. for the purpose of receiving public input as to what recommendation that Charter Commission should make. He urged people to attend this meeting because this is the first time since 1961 that anything of this scope has been done with the Concord School District Charter.
Councilor Blanchard referencing the “Pitch In” at the Audi noted that 89 volunteers did 450 hours and used the figure of $20 an hour saving the city $9,000 in maintenance labor. She noted that the next big project is the “Fly Space” project and that people will be meeting at the audi at 9:00 a.m. on October 26th to send out letters for the fundraiser.
Councilor Werner noted that the Concord Carbon Challenge will be ending next week on Thursday. He indicated that any folks across the city that have not taken the challenge please go on to www.nhcarbonchallenge.org to sign up pointing out that the city is not too far behind Portsmouth and Keene and have a good chance of catching up to them.
Comments, Requests by the City Manager
City Manager Tom Aspell indicated that staff will be sending out post cards to homes around Concord next week explaining how the leaf pick up system is going to work this year.
Consideration of items pulled from the consent agenda for discussion
Items 8, 15, 16, 20 and 24 were pulled from the consent agenda to be discussed following unfinished business items on the agenda.
Action: Councilor Nyhan indicated that a few months ago he had a chance to speak to one of the residents of Gilmore Street, Ann Farrelly, in which she asked specific questions as to why Gilmore Street has not been paved for more than thirty years. He noted that in speaking with staff, they could not find records as to when it had been repaved. He indicated that it was removed from the paving schedule last year because of budget cuts and stated that he does not want to send this to the Council for any sort of action item and that he is going to ask staff to each of the petitioners a letter explaining that this item will be discussed in the CIP outyears planning session.
Councilor Nyhan moved to not send this item to Council and to have staff send a letter to the petitioners explaining the process as described. The motion was duly seconded.
Mayor Bouley clarified that this petition is not being referred to General Services and that staff will be sending correspondence to individuals who signed the petition indicating that this will be taken up as part of the Capital Improvement Project and that they are encouraged to participate.
Councilor Nyhan’s motion passed with no dissenting votes.
Action: Referencing page three of the report, Councilor Lemieux pointed out that it suggests that should the City Council believe that the Adopt-A-Spot program is important to the community and should be preserved, that City Administration should be directed to develop a plan with funding recommendations. He noted that he feels that this is an important community service.
Councilor Lemieux moved to accept the report and direct City Administration to develop a plan with funding recommendations. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Blanchard noted that she realizes that if the owner requires a variance from the Zoning Board for a two-family residence it is possible that the use will be allowed. She noted that she does not approve of it because this particular location is across from a park and down the street from two schools and based on the reports from the neighbors, it is a volatile situation and potentially a violent situation. She indicated that she questions how well supervised Easter Seals is overseeing this residence.
Councilor Blanchard moved approval of the report. The motion was duly seconded.
Councilor Shurtleff echoed the concerns of Councilor Blanchard. He noted that it is his understanding that the property as well as the non-profit agency involved is trying to alleviate the situation and correct the problem but does hope that the City of Concord and the Police Department will keep an eye out on this area.
Councilor Blanchard’s motion passed with no dissenting votes.
Action: Councilor Blanchard noted that a very generous gift from the Estate of Anne Soderstrom is going to the Penacook Branch Library in the amount of $94,557.41. She indicated that it is her understanding that a trust fund will be created at a future date.
Councilor Blanchard moved approval of the report. The motion was duly seconded.
Councilor McClure pointed out that the other part of the report indicates that the library has been able to raise $14,548 for additional items that will benefit Concord users that were not included in the budget.
City Manager Aspell indicated that during the budget discussions they talked about the library and about the employees trying to be more entrepreneurial about the way they way they bring in other dollars and this is a great example of all the different efforts that are made.
Mayor Bouley thanked Gibson’s Book Store and Borders for displaying lists of what the library is looking for and for emailing people to participate. He noted that this is a lot of what the city is about, shows the community spirit the city has and the willingness of the local merchants to really step up.
Councilor Blanchard’s motion to accept the report passed with no dissenting votes.
Action: Councilor Blanchard indicated that she would like a report of what all of these projects cost the city in legal fees/expenses. Mayor Bouley asked if there was something specific she was looking for explaining that if she is looking for a blanket report he suspects this would involve a lot of staff time in preparation. Councilor Blanchard referring to abatements for example asked whether it cost the city more in legal fees if it goes to court or whether it would be less expensive to reduce the assessment. Mayor Bouley responded that it is a case by case basis.
City Manager Aspell indicated that many of these cases go back many years. Referring to the tax abatement cases, Mr. Aspell explained that all of these cases are commercial and what these are is challenges to the annual appraisals that are done therefore if the city does not prosecute them and simply settle them, what this does is lowers the commercial tax base overall value. He noted that the same budget dollars need to be raised which would mean the residential sector is going to pay more.
Mayor Bouley pointed out that there are many more of these Assessor’s cases but the Board of Assessors have the authority to settle these cases but the ones listed within the report are the ones going to court.
Councilor McClure suggested that Councilor Blanchard stop in the Assessing Office so that they could explain the process they have been going through over the past few years to try to keep the tax rate low by challenging these abatement cases on an annual basis.
City Manager Tom Aspell noted that one of the things that Council did to keep the legal costs down is the creation of the Deputy City Solicitor in which the primary responsibility will be abatement cases.
Councilor Blanchard moved acceptance of the report. The motion was duly seconded and passed with no dissenting votes.
Consideration of Suspense Items
Councilor Nyhan moved to take up suspense items not previously advertised. The motion was duly seconded and passed with no dissenting votes.
10 Sus1 Street closure request for the 2009 Making Strides Against Breast Cancer event to be held on Sunday October 18th.
Action: Councilor St. Hilaire moved approval. The motion was duly seconded and passed with no dissenting votes.
10 Sus2 Report from the General Services Director regarding the installation of banners on the heights.
Action: Councilor Keach moved approval of the report. The motion was duly seconded.
Councilor McClure thanked General Services for providing these costs to Council.
The motion to approve passed with no dissenting votes.
10 Sus3 Referral to the Traffic
Policy Advisory Committee
Communication from Cynthia Davis, Northeast Village Road, requesting the City of
Concord implement safety measurers in the vicinity of the crosswalk that spans
from the corner of Westbourne and Warren Streets to the Concord High School
Parking lot.
Action: Councilor Nyhan moved to refer this communication to the Traffic Policy Advisory Committee. The motion was duly seconded.
Councilor Bouchard thanked City Engineer Ed Roberge for his help on this along with School Superintendant Chris Rath. She noted that everyone seems to recognize that this is a safety issue and willing to come together to resolve this.
The motion to refer passed with no dissenting votes.
Adjournment
The time being 8:22 p.m., Councilor Stetson 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