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City Council Meeting
Minutes
February 8, 2010
Non-public sessions in
accordance with RSA 91-A: 2, I (b) to discuss
collective bargaining strategies followed by a non-public session in accordance
with RSA 91-A: 3, II (d) to discuss property acquisition; both non-public
sessions to be held following the Council meeting.
City Council Chambers
7:00 p.m.
1. Mayor Bouley called the meeting to order at 7:00 p.m.
2. Invocation by Pastor Joe Bolduc, Trinity Baptist Church
3. Pledge of Allegiance.
4. Roll Call. Councilors Bennett, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, DelloIacono, Grady, Keach, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner were present.
5. Approval of the January 4, 2010, the January 11, 2010, the January 19, 2010 and the January 25, 2010 meeting minutes.
Action: Councilor Blanchard moved approval of the January 4, 2010 meeting minutes. The motion was duly seconded and passed with no dissenting votes. Councilor Grady moved approval of the January 11, 2010 meeting minutes. The motion was duly seconded and passed with no dissenting votes. Councilor St. Hilaire moved approval of the January 19, 2010 meeting minutes. The motion was duly seconded and passed with no dissenting votes. Councilor Grady moved approval of the January 25, 2010 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
6. Agenda overview by the Mayor.
- Consent Agenda Items –
Action: Councilor St. Hilaire moved approval of the consent agenda. The motion was duly seconded and passed with no dissenting votes.
Referral to the Fiscal Policy Advisory Committee
7. Copy of the FY2009 Comprehensive Annual Finance Report and Report of the Trustees of the Trust Funds, June 30 2009.
Referral to the Legal Department
8. Communication from Joseph Haas requesting review of the current oaths of office signed by municipal officers.
Items Tabled for a March 8, 2010 Public Hearing
9. Ordinance amending the Code of Ordinances, Title V, Administrative Code, Chapter 34, Personnel Rules and Regulations; Article 34-11, Leave, Section 34-11-1, Annual Leave; vacation severance packages for newly hired department heads; together with report from the Deputy City Manager – Finance.
10. Ordinance amending the Code of Ordinances, Title V, Administrative Code, Chapter 35, Classification and Compensation Plan, Schedule D of Article 35-2, Class Specification Index, proposed Pavement Marking and Signage Technician position; together with reports from the Acting Director of Personnel and Labor Relations and the General Services Director.
11. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 17, Vehicles and Traffic; Article 17-4, Operation of Motor Vehicles; Section 17-4-1, Stop Required Before Entering a Through Street; Schedule V; Stop Intersections, Schedule V, Yield Right of Way; together with report from Engineering.
12. 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; together with report from the Parking Committee in response to a communication from Victoria Avery, 21 Federal Street, requesting City Council consider no-parking on Federal Street. (1-12) (4-26)
13. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 30, Boards and Commissions, Public Safety Board; together with report from the City Clerk.
14. Ordinance amending the Code of Ordinances, Title IV, Zoning Code; Chapter 28, Zoning Ordinance; together with report from the Planning Board.
From the City Manager
15. Positive Citizen Comments.
16. Council meeting date calendar.
Consent Reports
17. Monthly Appropriation Transfer Report: January 2010.
18. 2010-2011 City Council Priorities Report from the City Manager.
19. Diminimus gifts and donations report from the Library Director requesting authorization to accept monetary gifts totaling $3,222.02 as provided for under the preauthorization granted by City Council.
20. Diminimus gifts and donations report from the Recreation Director requesting authorization to accept monetary gifts totaling $3,170 as provided for under the preauthorization granted by City Council.
21. Diminimus gifts and donations report from the Human Services Director requesting authorization to accept monetary gifts totaling $100 as provided for under the preauthorization granted by City Council.
22. Report from the Fire Chief on the 2010 Revised New England Ambulance Fee Schedule.
23. Report from the Deputy City Manager – Community Development in response to a communication from Jean Barnes suggesting the City of Concord consider implementing a fine system for businesses that fail to remove their business signs after going out of business within the community. (12-10)
24. Land Use change Tax Status report from the City Assessor
25. Pay As You Throw (PAYT) Quarterly Status Report.
26. FY2010 Semi-Annual Report of Contracted Solid Waste and Recycling Services.
27. Overall Economic Development Plan (OEDP) Annual Report – Calendar Year 2009.
Consent Resolutions
28. Resolution authorizing the City Manager by way of the Police Department to submit an application to the New Hampshire Department of Justice as outlined in its current grant program for the purpose of participating in the Enforcing Underage Drinking Laws Program; together with report from the Police Department.
29. Resolution authorizing the City Manager to enter into a municipal agreement with the State of New Hampshire Department of Transportation as part of the Cooperative Agreement with the State of New Hampshire Department of Transportation and the US Department of the Interior, US Geological Survey to acquire high resolution aerial imagery of Concord, NH in conjunction with the FY2010 city-wide aerial mapping project, CIP 297; together with report from the City Engineer.
**End of Consent Agenda**
30. February 8, 2010 Public Hearings
A. Report proposing an increase of supplemental fees and charges for the Recreation Department. (1-13)
Action: City Manager Tom Aspell provided a brief overview explaining that the new fees will take effect on March 1, 2010. He noted that the Recreation and Parks Advisory Committee unanimously recommends Council approval of the proposed fee increases.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor closed the hearing.
B. Report from the Airport Advisory Committee recommending an amendment to the Concord Municipal Airport Minimum Standards. (1-14)
Action: City Manager Tom Aspell provided a brief overview explaining that the minimum standards have changed with FAA and they have recommended that the city take a look at their standards. He added that the Airport Advisory Committee unanimously recommends that the following be added as a new section 24 in the document: Section 24: Standards and Procedures for Aircraft Self-Servicing: Aircraft owners, by themselves or through their employees, are permitted to service their own aircraft.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor closed the hearing.
C. Resolution accepting and appropriating the sum of $13,600 from the proceeds of a Certified Local Government Grant for the conduct and preparation of a survey of Concord’s historic school buildings; together with report from the Heritage Commission. (1-15)
Action: City Manager Tom Aspell provided a brief overview explaining that the Heritage Commission proposes to retain a consultant to conduct the survey for eligibility for State and/or National Register of Historic Places for all historic school buildings owned by the Concord School District and the Merrimack Valley School District located within the City of Concord. He added that the NH Department of Historical Resources has recently required the Concord School District to prepare an individual inventory form for Kimball Elementary, the former Morrill School and Conant Elementary School so they will not be included within this.
Referencing an attached correspondence, Councilor McClure inquired as to where Deborah Gagne is from. Mr. Aspell responded that he believes that she is from the Department of Historical Resources.
Councilor Blanchard asked why the city is doing this instead of the school district. Mr. Aspell replied that the city is the one eligible for the grant because the city is the certified local government.
Mayor Bouley declared the hearing open.
Public Testimony
Jim McConaha, Heritage Commission, noted that the commission at one point had considered doing a survey of all of the historic schools within the city and that this couldn’t be more timely considering the plans of the Concord School District which currently calls for the demolition of three school buildings. Referencing the Kimball block, he noted that would be the loss of almost an entire city block and is in a neighborhood which has already been determined as eligible as a historic district. He added that the outcome of these surveys is that they provide the answer to the questions as to whether these are actually historically significant properties and why are they historically significant.
There being no further public testimony, the Mayor closed the hearing.
D. Ordinance amending the Code of Ordinances, Title IV, Subdivision Code; Chapter 29.2, Public Capital Facilities Impact Fees Ordinance; Section 29.2-1-2, Assessment and Collection; together with report from the Planning Board. (1-16)
Action: City Manager Tom Aspell provided a brief overview explaining that in accordance with Section 29.2-1-2(b)(10) the Planning Board Clerk, each year, provides City Council with a report with respect to increases in estimated costs to construct public capital facilities including recommendations for appropriate adjustments to the impact fee tables. He pointed out that there is a section correcting a category on banks with drive up facilities. He noted that the Planning Board voted unanimously to forward to Council the ordinance amending the Public Capital Facilities Impact Fee Ordinance to reflect an updated schedule of fees, but only recommend that Council consider the changes included and take whatever action they deem necessary.
Mayor Bouley inquired as to how the Planning Board came to the conclusion to ultimately take the position of whatever Council deems necessary. City Planner Doug Woodward responded that last year the board did suggest to Council that they not adopt them because of the economy. He noted that they had some discussion and felt that, in the end, Council would be in a better position to make this judgment given what they have in terms of the city’s needs and their perceptions of the economy.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor closed the hearing.
E. Resolution appropriating the sum of $10,000 from the New Hampshire Department of Transportation Community Technical Assistance Program (CTAP) to complete the preparation of an aquifer protection ordinance begun under an earlier CTAP grant; together with report from the City Planner. (1-17)
Action: Councilor Stetson inquired whether this would be the final phase to this aquifer protection. Mr. Aspell responded yes explaining that this would be the ordinance that would come before Council for action.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor closed the hearing.
F. Resolution accepting and appropriating the sum of $300,000 for the purpose of conducting an environmental site assessment (EA) at the Concord Municipal Airport including $285,000 in grant funds form the Federal Aviation Administration (FAA) and $7,500 each from the State of New Hampshire Division of Aeronautics and the City of Concord, CIP #469; together with report from Engineering. (1-18)
Action: City Manager Tom Aspell provided an overview explaining that in order to continue to receive federal grant funds the city needs to have the environmental assessment done in accordance with the FAA and the New Hampshire Department of Transportation.
Councilor Keach inquired whether this is based on anticipated problems at this site or just a federal regulation that the city is responding to. Mr. Aspell responded that it’s a federal regulation.
Mayor Bouley opened the public hearing. 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; together with report from the Traffic Operations Committee. (1-19)
Action: City Manager Tom Aspell provided a brief overview explaining that a request was brought forth to look at dividing the eastbound lane on Pleasant Street to make sure the traffic works as best as it can in that area and added that there were concerns regarding the parking and the trash containment along the right hand side approaching Main Street. He noted that before Council is an ordinance that eliminates the three parking spaces and a loading space for a dumpster. He indicated that if Council chooses to do something other that is less of a substantial impact, Council can also take action on that this evening but if they do something with more of an impact it would need to be re-advertised for another public hearing.
Councilor Bouchard questioned whether there have been any vehicle or pedestrian accidents in this area. Rob Mack, Engineering, replied that the concern is that there are more near-accidents related to this and that the number of actual reported accidents is not high.
Councilor Keach noted that it strikes him that the other option would be to shift the yellow line further north which may require the elimination of a bus stop. Mr. Mack indicated that staff considered shifting it north explaining that the trouble with the line being shifted north is that there is less than 24 feet to that curb on the corner by the bridal shop and that the width is needed for large vehicle right turns if coming southbound on Main Street. Councilor Keach noted that that right hand corner is not a 90 degree corner which would therefore create problems. City Engineer Ed Roberge explained that it does exasperate the issue and the geometry.
Councilor Bennett indicated that the other issue is the problem with cars queuing back through State Street at high traffic times. Mr. Mack responded that to be correct explaining that while the initial concern was addressed with identifying two lanes in order to make an identified lane for through traffic, one of the other enhancements that happens by virtue of having this two lane approach of a 125 to 150 ft length is that it improves the capacity on that approach. Mr. Mack explained that currently, when the light changes green, it is basically one line of traffic going through and if there was additional stacking and can get two lanes next to each other for that first 125 feet when the light turns green, twice as many cars go through and there is a substantial improvement in capacity. Mr. Mack added that commonly during lunch time and evening there is that traffic back up and this would help to keep this traffic closer to the traffic light here and free that area up and that there would be a capacity improvement.
Councilor Coen asked what would happen to the traffic flow if Council eliminated one parking space on the corner of Pleasant Street and South Main Street and the dumpster spot. Mr. Mack replied that in terms of improving the traffic operations of the flow through this area, it would be a nominal increase over how it currently works. In terms of defining the lane lines, he noted that it would be a marginal improvement. Councilor Coen noted that there are two issues: the definition of a left turn lane, a through lane and a right turn lane; the efficiencies by reducing the parking spaces on Pleasant Street. He noted that, for traffic flow, the ideal situation is that there would be no parking on Pleasant Street and there would then be a lane for either going straight or right. He noted that for the parking issue downtown, they would be giving up parking spaces for convenience which also gets into a concern for safety but if the lines are defined that would improve the safety factor of people going through that intersection.
Mayor Bouley indicated that he is looking at trying to solve a problem without creating other problems. He asked whether the problem would be solved if the spaces are not removed, the lines are striped in and a sign is erected that delineates the right lane to be the through as well as the right turn lane. Mr. Mack responded that it may not solve the problem. Mayor Bouley questioned whether staff currently feels that there is a problem in this area. Mr. Mack replied that there is an operational inefficiency. Mayor Bouley noted that even though there is currently one lane, vehicles split off into parts of the lane to make turns or go straight. Mayor Bouley asked if staff feels that it would solve the problem if Council did not take away any spaces and simply delineates that the right side goes right and straight and that the left side goes left. Mr. Roberge responded that there may be a nominal improvement explaining that the issue is that there would be such a short lane line. Mayor Bouley asked staff as to how many cars stack up everyday in this area. Mr. Roberge responded that there are sometimes three cars abreast. Mayor Bouley stated that he has seen four. Mr. Roberge noted that what is before Council is the best operation that the city can get out of this intersection; it improves it the best, and from an operational standpoint, is the best solution at this location. Mr. Roberge indicated that leaving it the way that it is, having such a short lane line and queued all the way back to State Street, will make it difficult to see the short lane or lane designation sign due to the stacking. He noted that it could be a nominal improvement but probably will not give the solution that is being sought. Mayor Bouley noted that it is not the best engineering solution. Mr. Roberge responded that to be correct. Mayor Bouley noted that it may be a practical solution that fixes the problem that exists but may not be the perfect engineering solution. Mr. Roberge responded that to be fair.
Councilor Blanchard questioned whether the dumpster is in a parking space. Mr. Roberge replied no, explaining that it is in a space that is striped out for dumpster use. Councilor Blanchard inquired in regards to whether it would help this area to remove the dumpster and restripe. Mr. Roberge indicated that he has been informed that the dumpster has been removed from the area.
In regard to the previous intersection, Councilor Keach stated that he often experiences a grid lock in which eastbound traffic is blocking northbound traffic because they are backed up trying to get through the light. He asked to what degree this would alleviate the congestion at that State Street and Pleasant Street intersection. Mr. Roberge responded that the proposal before Council would add capacity in terms of the number of cars that can stack, can coordinate through and, on a green cycle, can process through the intersection. He explained that the more cars that can be pushed through on every light cycle here, improves the conditions of the two preceding signals up the street.
Mayor Bouley inquired as to why is it that there is no right turn on red at this intersection. Mr. Mack responded that it is because of the high pedestrian crossing volume and the antiquated equipment at this intersection. Referencing the Centre Street and Loudon Road intersection, Mr. Mack explained that there are blank out signs, no turn on red, when the walk button is activated. He added that the Main and Pleasant Street intersection doesn’t have the facility for the blank out signs. Mayor Bouley asked whether staff agrees that people who do cross this intersection use the light. Mr. Roberge responded that it seems to be well respected by the pedestrians.
Councilor Keach questioned whether a right on red would significantly reduce the stack up problem that exists at this intersection. Mr. Roberge responded yes. Councilor Keach inquired whether right on red prohibition is dictated on any federal rules or regulations or whether it is up to municipalities to decide what intersections qualify for this. Mr. Mack replied that it would be up to the municipality. Discussion ensued in regards to the high pedestrian traffic crossing at this intersection. Mr. Roberge noted that this location has been identified as a single upgrade project that is currently within the capital program and that staff would like to go with blank out signs and new countdown pedestrian signs that show the timing.
Councilor Nyhan questioned why the right lane is a right hand and straight lane and the left as a straight through lane rather than the way it is proposed. Mr. Mack responded that the possibility of a vehicle from the left lane and the right lane going straight through to Pleasant Street Extension occurs that is when that right lane goes into those angled cars parking on the side of the street. He explained that under this scenario the through is in the right most lane but is a simple angle for that single stream of traffic to merge its way over to the other side. He added that the reason that it is set up like this is because of the flow of traffic and the counts taken at this intersection over the last few years show 40 percent turning left, 40 percent turning right and 20 percent going straight through. He noted that for efficiency, the through traffic was placed in the right lane because the left lane has to stop and yield for traffic coming up from the Pleasant Street Extension. Councilor Nyhan noted that the one thing that he is contemplating is if the right hand lane is a right hand only lane and a vehicle can make a right turn on red, the right hand traffic is free to move at will depending upon the flow of traffic. He noted that if the left hand lane is a straight through lane or a left hand lane, there seems to be ample room in the intersection for a car to go around a turning left vehicle to go straight through without impeding on the right hand turning traffic. Mr. Mack responded that the old traffic signal does not have any vehicle detection like most of the other traffic signal within the city that have detectors in the pavement or video detectors that detect and change the signal timing based on where the traffic is. At this intersection there is an evolution, a set of fixed times that happen 24/7 with the same time to handle all the different flows during the day which varies quite a bit.
Councilor St. Hilaire stated that he likes the idea for a left hand turn lane only in the left lane. He noted that often times traffic has to wait to allow traffic from Pleasant Street Extension to go straight and has noticed if you go north or southbound, there is an advanced and delayed green to allow vehicles to turn that are heading southbound onto Pleasant Street. He questioned why the city doesn’t have advanced and delayed green on the other side as well so that the left hand turn lane can have a chance to move to get rid of the back up traffic to State Street. Mr. Mack responded that there is the concern with vehicles going up the hill on Pleasant Street Extension and it would get a little worse because there is not a lot a time to share and move the two different approaches. Mr. Roberge clarified that there is currently an advance operation on the Pleasant Street Extension side mainly for the purpose of geometry.
Councilor DelloIacono asked whether the intent with new signals in the future would be to remove the three spaces and the dumpster area. Mr. Mack replied that with new signals they would look at a new operation and could put in blank out signs and allow right turn on red. He added that in order to take full advantage of right turn on red, there should be a right turn only lane and to take advantage of this they would need to take away a few of the spaces to make a right turn only lane.
Mayor Bouley noted that vehicles make right turns on red at this intersection at all times. Mr. Roberge responded that it is an enforcement issue.
Mayor Bouley declared the hearing open
Public Testimony
Peter Branch, Endicott Furniture Manager, noted that he feels that the proposed division lanes would do a lot to help the problem at this intersection. He indicated that he feels that if there is an advanced green on Pleasant Street Extension that perhaps there should also be an advanced red to let Pleasant Street eastbound evacuate better. He stated that there are many businesses that depend on a lot of turnover in the spaces for people that are there for only a few minutes. He noted that a lot of parking has been lost downtown but even though there is a parking garage people gripe about there not being an entrance off of Main Street and are still driving around looking for spaces closer to the merchants. He noted his concern with taking away parking spaces but indicated that if one space had to be taken it should be the one by Pitchfork Records indicating that he would hate to see it go but if this had to be taken and with the dumpster now gone and with proper road demarcation in place that area would evacuate much more quickly. In closing, he stated that the idea of taking spaces so that more cars can stack is not a great idea and that the nominal increase that would be achieved by taking three spaces is not worth it.
Referencing the dumpster being moved, Mayor Bouley inquired whether the alley it is currently in is a through alley way. Mr. Branch responded no. Mayor Bouley asked whether a vehicle could fit into this space. Mr. Branch replied that there is a fire escape in that area.
There being no further public testimony, the Mayor closed the hearing.
H. Ordinance amending the Code of Ordinances; Title II, Traffic Code; Chapter 17, Vehicles and Traffic; Article 17-4, Operation of Motor Vehicles; Section 17-4-6, U-Turns Prohibited in Designated Place, Schedule VIII; together with report from the Traffic Operations Committee with recommendation to prohibit U-turns at the following designated locations: Manchester Street southbound approach to the Old Turnpike Road intersection; Bouton Street southbound approach to the N. Main Street/Bouton Street/I-393 intersection; N. Main Street northbound approach to the N. Main Street/Bouton Street/I-393 intersection; and N. Main Street southbound approach to the N. Main Street/Franklin Street intersection. (1-20)
Action: City Manager Tom Aspell provided a brief overview.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor closed the hearing.
I. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 31, Purchasing and Contract Procedure; Article 31-1, Purchasing Procedure; together with report from the Purchasing Manager. (1-21)
Action: City Manager Tom Aspell provided a brief overview.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor closed the hearing.
J. Resolution authorizing the annual appraisal of Real Estate at Market Value per RSA 75:8-b; together with report from the Director of Real Estate Assessments. (1-22) (Public hearings must be held in February and March 2010)
Action: City Manager Tom Aspell provided a brief overview.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor recessed the public hearing until the March Council meeting.
K. Resolution authorizing the City Manager to enter into a purchase and sales/development agreement with DEW Crescent Street Properties LLC concerning the sale and redevelopment of 4 Crescent Street, Penacook; together with report from the Assistant for Special Projects.
Action: The titles of public hearings K, L and M were read together.
Assistant for Special Projects Matt Walsh introduced Steve Morton, DEW Construction, Ray D’Amante, DEW’s Attorney, and Domenic Ciavarro, Concord Hospital. He explained that before Council this evening is a development agreement between the city and DEW Crescent Street Properties; a resolution authorizing the City Manager to convey an easement over the so called Walnut Street Park; and an appropriation resolution to allow the city to get moving with the project. Mr. Walsh explained that what DEW is proposing is a two phase project whereby phase one would consist of a 9,500 s.f. building to be built at 4 Crescent Street which would be occupied by Concord Hospital’s Penacook Family Physician Practice. He added that the city is anticipating that the building will have a value of $1.6 million and will generate approximately $38,000 a year in annual property tax revenues. Mr. Walsh indicated that the second phase is also contemplated for the same site which would consist of a 5,000 s.f. addition which could increase the assessment value of the project to as much as $2.35 million and property taxes to approximately $56,000 per year. To support the project, he noted that the city will create a Tax Increment Financing District which will be brought forth to Council in the coming months with plans to reconstruct water lines in East and Crescent Streets; physically reconstruct portions of Crescent Street and East Street including new sidewalks; realign the East Street, Walnut Street and Crescent Street intersection; relocate aerial utilities at the property which are impeding development; and construct gateway signage. He added that, in addition to this agreement, this deal is contingent upon the city and developer negotiating a purchase option for 35 East Street and anticipates this coming to Council within the next few months as a stand alone separate agreement. Explaining the financial details, he explained that the city purchased this property for $175,000 in March 2006 and the total investment in the property is $356,000 of which $140,000 came from a grant. Mr. Walsh indicated that the sale price for the property with DEW is based upon an appraisal done in May 2008 which came up with a market value of $400,000 and assumed the property was clean and free on environmental issues. He pointed out that within article five of the agreement, the sale price is $376,692 which was reduced from $400,000 to account for a discrepancy in acreage at the property as well as a wetland pool which is very complicated to fill. He explained that DEW, during their due diligence, found environmental contaminants which the city’s due diligence did not find primarily in the form of buried leather waste, demolition debris and organic materials. He explained that the city did not find these materials largely because it is not homogeneously spread across the site but rather is in pockets. He added that the appropriation before Council is to hire a design team to design the off-site improvements as well as to finance the relocation of the aerial utilities by the pertinent utility company so that DEW can begin construction either in June or July. Per the standard agreement, he noted that this property, when it is sold, will have a deed restriction on it so that if it is ever reconveyed a tax exempt entity they will pay payment in lieu of taxes to the City of Concord. Referencing the sewer easement, he explained that this was a late breaking issue because they were originally hoping to tie into a sewer main on Crescent Street but unfortunately that main was too shallow. He outlined the benefits of the project: maintaining a strong partnership that the city has developed with Concord Hospital and the hospital will be able to remain in Penacook Village as an important institutional anchor; divesting one, if not both, of the Tannery parcels; brings much need attention to Penacook Village and could serve as a future catalyst; fair deal for the taxpayers; the TIF district will benefit not only this project but also all of Penacook Village; in the long term, after the TIF debt is retired, all the tax revenues created by this project will float to the general fund. Mr. Walsh pointed out one housekeeping issue explaining that Attorney D’Amante has noted that the resolutions incorrectly references DEW Construction Corp doing business as Crescent Street Properties LLC and for the purpose of the record, Crescent Street Properties LLC is completely separate from DEW Construction Corp. He noted that the resolutions will need to be corrected with the Clerk’s Office to reflect this. There was no objection from Council.
Councilor Blanchard inquired whether there is a timeframe for the addition. Mr. Walsh responded that they are going to permit the 9,500 s.f. as well as the 5,000 s.f. addition all at once. He noted that he believes that the first phase, 9,500 s.f., will be built and subject to whether the hospital needs more space or there are other tenants that may be interested in the addition, it will be built later.
Mayor Bouley declared the hearing open.
Public Testimony
Steve Morton, DEW Development Corp aka DEW Construction, noted that he was anxious to get the project underway. He indicated that he will be before the Architectural Review Committee tomorrow morning to present drawings.
Ray D’Amante, attorney for DEW Construction Corp, noted that they are pleased to be able to bring something to Penacook and look forward to working on this project.
Domenic Ciavarro, VP of Facilities at Concord Hospital, indicated that they are anxious to move into a new facility.
Councilor Nyhan asked for more information on the option on the second parcel. Mr. Walsh responded that the option is currently being negotiated and that they are still negotiating the terms of this option.
Referencing the space that the hospital is currently in, Councilor Coen inquired whether they feel that they will see an increase in employment. Mr. Ciavarro responded that what will be increased is the number of providers and their support staff.
Referencing the second parcel, Councilor Keach inquired whether staff anticipates or foresees additional environmental concerns. Mr. Walsh responded that the city has done quite a bit of due diligence on this parcel more so than the one the hospital is moving into. He noted that the city is a finalist for a stimulus Brownfield’s grant that they have been pursuing since last April. He indicated that there is some residual contamination on this parcel in the form of chromium that was underneath the building that was taken down and the city is responsible for dealing with this because there is no cap to what that contamination is and why the city is pursuing the additional Brownfield’s money.
Councilor Blanchard indicated that there was no reference to DES being involved contained within the information provided. Mr. Walsh explained that DEW has had their environmental engineer out there testing the material that was found and has not been termed as hazardous waste which means what will happen is that if it is determined that the leather scraps that were found should be excavated and removed from the property, it would be brought to a normal municipal solid waste landfill to be disposed of permanently. He added that he feels that the material is not so much an environmental concern as it is more of a geotechnical issue of how do you put a building on top of organic material because it tends to rot and you can’t have rotting material under the building because it will undermine the structural integrity of the building. He noted that DES is aware of the issue but doesn’t anticipate their involvement at this point. Mr. Morton indicated that once the report that his engineers have undertaken is finalized, they will be distributing it. He noted that what was found was characterized as more of a structural concern rather than an environmental concern.
Councilor Blanchard indicated that there was something there that noted that there was some concern about hazardous gases escaping. Mr. Walsh explained that when there is organic material buried in the ground it rots and as part of the decaying process it creates methane and the methane has to get up through the ground to vent. He noted that if a building is placed on top of those decaying materials, what happens is the methane tends to be caught underneath the building which can cause structural issues as well as possible health issues for occupants of the building. He indicated that if the materials that were discovered are not removed, there is a possibility that a venting system may need to be built to vent those gases.
There being no further public testimony, the Mayor closed the hearing.
L.
Resolution authorizing the City Manager to grant a sewer easement to DEW
Crescent Street Properties LLC over city owned land known as the Walnut Street
City Park, Tax Map P2, Block 1, Lot 2.
Action: This public hearing was taken
with Public Hearing item K.
M. Resolution appropriating the sum of $225,000 from the Economic Development Reserve Fund to support redevelopment of the former Allied Leather Tannery Complex.
Action: This public hearing was taken with Public Hearing item K.
N.
Resolution appropriating the sum of $853,800 for Energy Efficiency and
Conservation Strategy Improvements to various City Buildings and Facilities
CIP# 325 including the appropriation of $203,800 of American Reinvestment and
Recovery Administration Funds administered by the US Department of Energy
through the Energy Efficiency Community Block Grant program and authorizing the
issuance of $650,000 in bonds and notes; together with report from the Deputy
City Manager – Finance. (Revised resolution submitted)
Action: Councilor McClure moved to substitute the revised resolution. The motion was duly seconded and passed with no dissenting votes.
Deputy City Manager-Finance Jim Howard provided a brief overview explaining that this is an example of the city leading energy conservation efforts by example for both the city as well as the Concord community. He noted that when this was first introduced there was a rush do to the timeline but now there is timeline of completion by the end of 2012 which places the city in a position in which they can proceed to do the audit, evaluate all of the projects and come back to Council and identify all the items ahead of time before proceeding.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor closed the hearing.
February 8, 2010 Public Hearing Action
31. Report proposing an increase of supplemental fees and charges for the Recreation Department. (1-13)
Action: Councilor McClure moved approval. The motion was duly seconded and passed with no dissenting votes.
32. Report from the Airport Advisory Committee recommending an amendment to the Concord Municipal Airport Minimum Standards. (1-14)
Action: Councilor Nyhan moved approval. The motion was duly seconded and passed with no dissenting votes.
33. Resolution accepting and appropriating the sum of $13,600 from the proceeds of a Certified Local Government Grant for the conduct and preparation of a survey of Concord’s historic school buildings; together with report from the Heritage Commission. (1-15)
Action: Councilor Shurtleff moved approval. The motion was duly seconded and passed with no dissenting votes.
34. Ordinance amending the Code of Ordinances, Title IV, Subdivision Code; Chapter 29.2, Public Capital Facilities Impact Fees Ordinance; Section 29.2-1-2, Assessment and Collection; together with report from the Planning Board. (1-16)
Action: Mayor Bouley pointed out that there are two items: the issue of the drive-up facilities and whether or not to adopt the revised tables which would include changes to impact fees.
Councilor Shurtleff moved to divide the issues. The motion was duly seconded and passed with no dissenting votes.
Councilor Shurtleff moved to adopt the change in the ordinance dealing with the drive-up facilities. The motion was duly seconded.
Councilor Bouchard inquired as to what the change is to the drive-up facilities. City Manager Aspell responded that under the Transportation Impact Fees there is a correction for the fee for the category of bank with drive-up facilities which had been incorrectly entered and adopted in the last amendment to the schedule. He noted that this would be to change that piece to be corrected.
Councilor Shurtleff’s motion to change in the ordinance dealing with the drive-up facilities passed with no dissenting votes.
Councilor St. Hilaire moved to take no action on the fees. The motion was duly seconded and passed with no dissenting votes.
35. Resolution appropriating the sum of $10,000 from the New Hampshire Department of Transportation Community Technical Assistance Program (CTAP) to complete the preparation of an aquifer protection ordinance begun under an earlier CTAP grant; together with report from the City Planner. (1-17)
Action: Councilor Stetson moved approval. The motion was duly seconded and passed with no dissenting votes.
36. Resolution accepting and appropriating the sum of $300,000 for the purpose of conducting an environmental site assessment (EA) at the Concord Municipal Airport including $285,000 in grant funds form the Federal Aviation Administration (FAA) and $7,500 each from the State of New Hampshire Division of Aeronautics and the City of Concord, CIP #469; together with report from Engineering. (1-18)
Action: Councilor Nyhan moved approval. The motion was duly seconded.
Referencing the report, Mayor Bouley noted that under the discussion it reads that “in the event that the project is not approved by the FAA the city will assume the full expense thereof” and inquired as to what would be the full exposure then. Mr. Aspell replied that under this piece it would be $18,000 and under the other piece it would be $300,000.
Councilor Nyhan’s motion passed with no dissenting votes.
37. 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; together with report from the Traffic Operations Committee. (1-19)
Action: Councilor Bennett moved approval. The motion was duly seconded.
Councilor Bennett indicated that this first came to his attention last spring and that there is a problem in this area which all of them have experienced. He noted that they are all cognizance of the implications of removing parking spaces from downtown but this is about safety and making for better traffic flow at this intersection.
Councilor Coen stated that he understands the issue of safety and feels that with the striping of the street it would be a great improvement. He noted his concern of the reduction of the parking on Pleasant Street and feels that if Council removes one parking space, the nearest one towards Main Street, and with the dumpster being removed there would be enough space for cueing. He remarked that the real issue of redesigning this intersection won’t happen immediately but feels it is a good compromise by eliminating one space and the dumpster.
Mayor Bouley suggested that Council not approve the ordinance as it is presented to Council this evening. He stated that he feels that engineering staff has brought forth what they believe to be the appropriate fix to the problem but feels that it is a solution which is overkill. He indicated that the downtown merchants depend on the foot traffic in and out and need the turnover for parking. He noted that removing the three parking spaces is unnecessary and anything that is done to reduce the foot traffic in any of the businesses sends the wrong message. He indicated that he had prepared an amended ordinance that he feels accomplishes exactly what Councilor Bennett intends to do, to straighten out a confusing intersection by putting in the line, creating the turning lane and through traffic as well as the traffic turning left but it does not eliminate any spaces.
Councilor Werner asked whether it would preclude future work when signalization of the intersection is ready to go.
Mayor Bouley explained that the ordinance would not eliminate any future possibility of changes to the intersection. He noted that the goal is to solve a problem and not create any unintended consequences by eliminating parking spaces unnecessarily.
Councilor St. Hilaire moved an amendment to remove the striping for the dumpster space and use this space for the traffic area, the removal of one parking space closest to the North and South Main Street intersection and put the striping in as already indicated. The motion was duly second.
Councilor Nyhan asked if Engineering could monitor the traffic patterns to see if these changes are effective in resolving the problem.
Councilor Keach noted his support to the amendment pointing out to Council that this issue was vetted through the Parking Committee in which many are downtown merchants.
Councilor Blanchard noted her support of the amendment. She asked whether it was safe to assume that there will also be restriping.
Mayor Bouley spoke against the motion noting that he feels that it sends the wrong message to remove any of the parking spaces.
Councilor Keach pointed out that there are over 860 parking spaces in the downtown area and doesn’t feel that one space is going to cause a business to go out of business. He remarked that he is fully cognizance of the struggle that smaller businesses have but in the interest of balancing all, the amendment is the right move.
Councilor Bouchard noted her concern with merchants losing all those spaces and feels that a lot of problems can be taken care of as the city moves forward in improving this intersection with new signalization in the future. She pointed out that there was no testimony of increased accidents or a real danger to public safety and indicated that she supports the amended ordinance.
Councilor Bennett indicated that in speaking with the merchants, there are a number of mirrors that get removed daily on cars that park in this area.
Councilor McClure indicated that currently the cars in the left lane are going straight and left and if vehicles are now going to be directed to go straight and right from the right lane she noted her concern about not leaving a little more room for that traffic that is going straight. She questioned whether this is a valid concern with the engineers. Mayor Bouley noted that what happens is that the car that is making a left hand turn does not stay at the stop bar to execute that turn; they move forward about two spaces so other cars fall in behind to make that left hand turn. As the cars move forward, it clears more spaces in the right hand side. He noted that he thinks that the idea of having the queuing up issue is really not as great as one would consider there might be because vehicles are moving in the intersection. City Engineer Ed Roberge indicated that he thinks the concern is the spacing with the limited taking of one parking space and the area in which the dumpster occupied and feels that this is going to be an operational constraint. He noted that the reason for their recommendation is that it maximizes the operational capability. On the compromise, Mr. Roberge explained that it allows some additional room for multiple lane arrangements and multiple lane movements at the intersection but it doesn’t maximize it. He pointed out that the concern still is the spacing that Councilor McClure spoke of in which is the pinch point where that last parking space is in relation to where the whole lane opens up for the ability to stripe two approach lanes at the intersection. He noted that arrangement will be tight because a vehicle is coming into a one lane road and all of a sudden it widens out to two. He added that it’s going to be a challenge and it will operate with a little bit better designation than it does today. He noted that staff is not confident that it fully solves the problem.
Councilor McClure questioned what the standard width of having two lanes where one is turning left and the other is going straight or right. Mr. Roberge replied that they like to look at minimum of 11 foot lanes but in this case, because of the geometry of the roadway, the left turn lane is a minimum of 11 feet and the right turn, through lane is a little wider than 11 feet. He added that the width does vary but the pinch point is trying to maintain a minimum of 10 or 11 feet. Councilor McClure asked if 10 feet is okay. Mr. Roberge responded that there are some travel lanes in the city that are 10 feet but would prefer 11 or 12 feet in this district because of the trucking activity that occurs. Councilor McClure asked if there was any possibility moving the yellow line to the north a little. Mr. Roberge replied that that was looked at as an option but recommended that the lane line be left were it currently is for two reasons: northbound to westbound turning movement off of Main Street and on to Pleasant Street for truck turning; the alignment of the traffic coming westerly from Pleasant Street Extension.
Councilor Nyhan asked what the practicality was of painting the lines in the road in the winter. Mr. Roberge replied that staff wouldn’t be able to do any line striping until the spring because they need it to be dry and warmer in order to do so.
Councilor Nyhan moved to table this item until the Ad-Hoc Parking Committee makes recommendations on this item. There being no second, the motion failed.
Councilor Bennett remarked that this issue came through the Parking Committee on an unanimous vote. He stated that he understands that the implications of taking these parking spaces away is a tough issue. He noted that if there is an accident at this intersection in the future, what is going to happen is that people will come back to Council and ask why they let this get this far. He indicated that he does not take this lightly, understands the implications but feels that not taking action and doing something is unacceptable.
Councilor Coen noted his agreement with the issue of the striping and signage and is not comfortable in delaying because of the safety issue. Secondary, he indicated that to make it more efficient is to remove parking spaces. He noted that he is not comfortable with delaying this based purely on a parking issue because it is really the striping of the street and giving motorists an idea of how to proceed through the intersection.
Mr. Roberge indicated that, if approved this evening, staff can watch the weather and do the best they can with heat guns.
Councilor Keach inquired as to the minimum temperature needed to place paint down. Mr. Roberge responded that it is between 40 and 50 degrees.
Mayor Bouley noted that he prefers to keep the parking spaces as they currently are. He indicated that Council has to be careful in not creating unintended consequences. He stated that he would be more than flexible to watch this intersection and if it becomes a problem after striping, he would be more than happy to come back a revisit the parking.
Councilor St. Hilaire’s amendment to remove the striping for the dumpster space and use this space for the traffic area, the removal of one parking space closest to the North and South Main Street intersection and put the striping in as already indicated passed on a voice vote.
Referencing the revised ordinance, City Manager Tom Aspell explained that this could be used to accomplish the motion. Council discussion ensued in regards to the distances with the removal of a parking space. Mr. Aspell clarified that staff can make the revised ordinance work under the amended scenario discussed.
The motion to approve, as amended, passed 11 to 4 on a roll call vote with Councilors Bennett, Blanchard, Bouchard, Coen, DelloIacono, Keach, Nyhan, St. Hilaire, Shurtleff, Stetson and Werner voting yes. Mayor Bouley, Councilors Grady, McClure and Patten voted no.
38. Ordinance amending the Code of Ordinances; Title II, Traffic Code; Chapter 17, Vehicles and Traffic; Article 17-4, Operation of Motor Vehicles; Section 17-4-6, U-Turns Prohibited in Designated Place, Schedule VIII; together with report from the Traffic Operations Committee with recommendation to prohibit U-turns at the following designated locations: Manchester Street southbound approach to the Old Turnpike Road intersection; Bouton Street southbound approach to the N. Main Street/Bouton Street/I-393 intersection; N. Main Street northbound approach to the N. Main Street/Bouton Street/I-393 intersection; and N. Main Street southbound approach to the N. Main Street/Franklin Street intersection. (1-20)
Action: Councilor McClure moved approval. The motion was duly seconded and passed with no dissenting votes.
39. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 31, Purchasing and Contract Procedure; Article 31-1, Purchasing Procedure; together with report from the Purchasing Manager. (1-21)
Action: Councilor McClure moved approval. The motion was duly seconded and passed with no dissenting votes.
40. Resolution authorizing the annual appraisal of Real Estate at Market Value per RSA 75:8-b; together with report from the Director of Real Estate Assessments. (1-22) (No action necessary at Feb 2010 meeting; second public hearing must be held in March 2010)
No action taken. Additional public hearing to be held at the March 8, 2010 Council meeting.
41. Resolution authorizing the City Manager to enter into a purchase and sales/development agreement with DEW Crescent Street Properties LLC concerning the sale and redevelopment of 4 Crescent Street, Penacook; together with report from the Assistant for Special Projects.
Action: Councilor Blanchard moved approval. The motion was duly seconded and passed with no dissenting votes.
42. Resolution authorizing the City Manager to grant a sewer easement to DEW Crescent Street Properties LLC over city owned land known as the Walnut Street City Park, Tax Map P2, Block 1, Lot 2.
Action: Councilor Shurtleff moved approval. The motion was duly seconded and passed with no dissenting votes.
43. Resolution appropriating the sum of $225,000 from the Economic Development Reserve Fund to support redevelopment of the former Allied Leather Tannery Complex.
Action: Councilor Blanchard moved approval. The motion was duly seconded and passed with no dissenting votes.
44.
Resolution appropriating the sum of $853,800 for Energy Efficiency and
Conservation Strategy Improvements to various City Buildings and Facilities
CIP# 325 including the appropriation of $203,800 of American Reinvestment and
Recovery Administration Funds administered by the US Department of Energy
through the Energy Efficiency Community Block Grant program and authorizing the
issuance of $650,000 in bonds and notes; together with report from the Deputy
City Manager – Finance. (Revised resolution submitted)
Action: Councilor Werner moved approval of the revised resolution. The motion was duly seconded and passed 14 to 0 on a roll call vote with Councilors Bennett, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, DelloIacono, Grady, Keach, McClure, Nyhan, St. Hilaire, Shurtleff, Stetson and Werner voting yes. Councilor Patten was absent from the vote.
Reports
45. Fiscal Monitoring Report.
Action: Mayor Bouley indicated that it was brought to his attention that items 45 and 46 were to be distributed prior to the meeting and were not. He noted that he feels that it is important for Council to have them so that they can review them prior to the meeting. He suggested that Council move items 45 and 46 to the March meeting. There being no objection, items 45 and 46 were moved to the March Council meeting.
46. Annual setting of the tax rate target.
Action: This item moved to the March Council meeting.
New Business
Unfinished Business
47. Report from the Deputy City Manager - Community Development in response to a communication from Holly Carlson on behalf of Manchester Street businesses requesting City Council consider a zoning change to the existing sign ordinance. (4-10) (9-48) (10-39) (11-38) (12-40) (1-53) (Report tabled at the September 14, 2009 City Council meeting)
Action: This item remains tabled.
Comments, Requests by Mayor, City Councilors
Councilor Grady noted that the White Park Winter Carnival was a great success.
Councilor Keach indicated that he was at the scene of a fire this afternoon with Deputy City Manager-Development Carlos Baia and noted that the Fire Department did an outstanding job at saving the structure.
Mayor Bouley was pleased to announce that the city has a family homeless shelter. He thanked the Concord Housing Authority and their board and Laurie Dale, Salvation Army McKenna House, for their help on this. He also recognized the individuals from the existing shelters for all their help.
Councilor Blanchard congratulated the Mayor on the accomplishment of opening this shelter and his initiative for getting this going.
Consideration of Suspense Items
Councilor Nyhan moved to consider the suspense items not previously advertised. The motion was duly seconded and passed with no dissenting votes.
2
Sus1 Referral to the Parking Committee
Communication from Councilors Blanchard and Shurtleff requesting that the City
of Concord amend its parking ordinances to allow for overnight parking in the
area of Penacook Village in Ward One.
Action: Councilor Blanchard moved to refer this communication to the Parking Committee. The motion was duly seconded.
Councilor Keach asked at what point it would be appropriate to establish this citywide. Mayor Bouley noted that it is his recollection that Council originally adopted the overnight parking changes for two seasons and then they were going to revisit it again. He added that it is his assumption that at the end of this winter season, staff will be coming back to Council with a full report of what has transpired and with recommendations for Council to consider.
Councilor Blanchard explained that she just wants to jump in to the middle of the pilot project and that this would be for the remainder of another year. Mayor Bouley responded that this is a referral to the Parking Committee and that they will fully exhaust the discussion and come back with recommendations.
Councilor Shurtleff noted that what they proposed is to just follow the designated boundaries that are already set up under RSA 79-E in the district.
Councilor Blanchard’s motion passed with no dissenting votes.
2
Sus2 To be set for a March 8, 2010 Public Hearing
Resolution modifying the Elderly Exemption for the City of Concord pursuant to
the provisions of RSA 72:27-a; together with report from the Director of Real
Estate Assessments.
Action: Councilor Nyhan moved to set this resolution for a March 8, 2010 public hearing. The motion was duly seconded and passed with no dissenting votes.
Adjournment
The time being 9:39 p.m.,
Councilor Nyhan moved to adjourn the meeting and enter into non-public session
in accordance with RSA 91-A: 2, I (b) to discuss
collective bargaining strategies followed by a non-public session in accordance
with RSA 91-A: 3, II (d) to discuss property acquisition. The motion was duly
seconded and passed 15 to 0 on a roll call vote with
Councilors Bennett, Blanchard, Bouchard, Mayor
Bouley, Councilors Coen, DelloIacono, Grady, Keach, McClure, Nyhan, Patten, St.
Hilaire, Shurtleff, Stetson and Werner voting yes.
A true copy; I attest:
Michelle Tiffany
Deputy City Clerk