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City Council Meeting
Minutes
June 14, 2010
City Council Chambers
7:00 p.m.
1. The Mayor called the meeting to order at 7:00 p.m.
2. No clergy was present for invocation.
3. Pledge of Allegiance.
4. Roll Call. Councilors Bennett, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, DelloIaocono, Grady, Keach, McClure, Patten, St. Hilaire, Shurtleff, Stetson and Werner were present. Councilor Nyhan was excused.
5. Approval of the May 10, 2010 and the May 24, 2010 meeting minutes.
Action: Councilor St. Hilaire moved approval of the May 10, 2010 meeting minutes. The motion was duly seconded and passed with no dissenting votes. Councilor St. Hilaire moved approval of the May 24, 2010 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
6. Mayor Bouley presented a resolution in recognition of the services of Master Police Office Miguel A. Cebollero. (5-34)
7. Health Innovator Award by Harvard Pilgrim.
Jim Howard, Deputy City Manager – Finance, indicated that representatives from Harvard Pilgrim Health Care and NH Business Review will be presenting the city, its employees and its leadership with the Health Innovator Award that was presented to the city in recognition of the innovation that was brought to the discussion on the offering of health benefits and fostering healthy lifestyles and healthy city family since the late 1990’s. He recognized city staff that currently serve on the committee and thanked them for their personal contributions. Mr. Howard introduced Beth Roberts, Harvard Pilgrim Healthcare, and Sharon McCarthy, NH Business Review. Ms. McCarthy noted that she was thrilled to present this award to the city explaining that she had envisioned small or medium sized businesses awarded this. She noted that everything that the city has brought together to make this happen and the fact that there is close to 80 percent participation is something that she is very happy to have in the pages of NH Business Review. Ms. Roberts indicated that it is truly an honor to partner with the city and being the city’s health benefits administrator. She indicated that it is remarkable what the city has done for a group its size and that the city has a tremendous focus on wellness ranging from incentives to exercise at work and the outcomes in which the city has actually improved the wellness of the employees and their families. The award and a framed copy of the article as appeared in NH Business Review were given to the city.
8. Concord Public Library Foundation, Concord Reads Presentation.
Shaun LaFrance, Concord Reads Committee Chair, indicated that this is the ninth year in which they invite everyone in the community to read the same book over the summer and in which they run a series of programs this fall on the themes that are raised in the book. He explained that the committee adopted a theme for two years which is looking at the issue of diversity in the community. He noted that the first year, the theme is on immigration and that they have selected one author and two books; the author is Firoozeh Dumas, Funny in Farsi and Laughing Without an Accent.
Ginny Babczak, Concord Reads Committee, added that as details are finalized information on the programs will be included on the city’s website.
9. Mayor Bouley provided an overview of the agenda.
Consent Agenda Items –
Councilor St. Hilaire moved approval of the consent agenda. The motion was duly seconded and passed with no dissenting votes.
Referral to General Services and Community Development
10. Communication from the Bektash Shriners requesting permission to suspend banners across Loudon Road in the vicinity of Dunkin Donuts and the First Colebrook Bank as well as on Manchester Street and Loudon Road during the month of November announcing and promoting their 10th Annual “Fez”tival of Trees event.
Referral to the Legal Department
11. Communication from Councilor Shurtleff requesting consideration be given to amending the Code of Ordinances to prohibit dogs in municipal cemeteries as well as implementing fines and penalties for those that do so.
Referral to the Legal Department and Community Development – Code Administration
12. Suggested language from Alexander Lee, Project Laundry List, requesting consideration be given to amending the Code of Ordinances relating to the drying of clothes through the use of clotheslines within city limits.
Items to be tabled for a June 21, 2010 Public Hearing
13. Resolution fixing and determining the amount of money to be appropriated by the City of Concord for the fiscal year 2011 ending June 30, 2011.
14. Resolution amending the amount of money to be appropriated by the City of Concord for the fiscal year 2011 ending June 30, 2011. (6-9) (To be distributed at a later date)
15. Resolution closing and completing certain capital projects; rescinding appropriations and returning funds to their sources; and transferring, reappropriating or otherwise making remaining balances available for future purposes; together with report from the Senior Accountant/City Internal Auditor. (6-10)
16. 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. (6-11)
17. 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. (6-12)
18. Resolution amending the Fiscal 2011 City of Concord budget and appropriating the sum of $650,000 for Retiree Health Benefits.
19. Resolution amending the Fiscal 2011 City of Concord budget and appropriating the sum of $27,638 for New Hampshire Municipal Association Dues.
Items Tabled for a July 12, 2010 Public Hearing
20. Ordinance amending the Code of Ordinances, Title IV, Zoning Code, Chapter 28, Zoning Ordinance; Article 28-3-2 relative to the Flood Hazard (FH) District, together with a report from the Planning Board.
21. Ordinance amending the Code of Ordinances, Title III, Building and Housing Code; Chapter 26, Building Regulations; Article 26-1-9 relative to the establishment of Flood Hazard Areas.
22. Resolution appropriating the sum of $18,550 from a New Hampshire Department of Resources and Economic Development, Bureau of Trails, Recreational Trails Program Grant, to assist in the development of a trail system at Rossview Farm; together with a report from the Conservation Commission.
23. Resolution appropriating the sum of $15,371 in unmatched grant funds from the New Hampshire Department of Justice Enforcing Underage Drinking Laws Grant Program; together with report from the Police Department.
24. Resolution appropriating the sum of $125,000 and authorizing the issuance of $125,000 in bonds and notes for the design engineering services relating to the refurbishment of one biotower at the Hall Street Wastewater Treatment Plant, CIP# 89; together with report from General Services.
25. Resolution appropriating the sum of $420,000 and authorizing the issuance of $420,000 in bonds and notes for the purchase of general fund equipment, CIP# 121; together with report from General Services.
26. Resolution appropriating the sum of $85,000 and authorizing the issuance of $85,000 in bonds and notes for repairs to the floor grates and fire alarm upgrades at the Combined Operation and Maintenance Facility, CIP #323, 311 No. State Street; together with report from General Services.
27. Resolution appropriating the sum of $430,000 and authorizing the issuance of $430,000 in bonds and notes for the lining and replacement of storm mains in Allison and Pillsbury Streets CIP# 82; together with report from General Services.
28. Resolution appropriating the sum of $1,550,000 and authorizing the issuance of bonds and notes in the amount of $1,550,000 for water main replacement, CIP #85 along Loudon Road; together with a report from the Associate Engineer.
29. Resolution appropriating the sum of $1,675,000 and authorizing the issuance of bonds and notes in the amount of $1,675,000 for Route 3 Corridor (North) Improvements, CIP #35; together with the report from the City Engineer.
30. Resolution appropriating the sum of $60,000 and authorizing the issuance of bonds and notes in the amount of $60,000 for Storm Sewer Master Plan Implementation, CIP #83; together with a report from the City Engineer.
From the City Manager
31. Positive Citizen Comments.
32. Council meeting date calendar.
Consent Reports
33. Monthly Appropriation Transfer Report: May 2010.
34. Diminimus gifts and donations report from the Library Director requesting authorization to accept monetary gifts totaling $20 as provided for under the preauthorization granted by City Council.
35. Diminimus gifts and donations report from the Police Department requesting authorization to accept monetary gifts totaling $4,482 as provided for under the preauthorization granted by City Council.
36. Report from the Deputy City Manager – Finance regarding hours of operation within the City of Concord’s Collections Office.
37. Concord Solid Waste Co-op/Single Stream Recycling Facility Report from the Solid Waste Advisory Committee.
Consent Resolutions
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.
39. Resolution authorizing the City Manager to enter into a Purchase and Sales / Development Agreement Amendment with DEW Crescent Street Properties LLC concerning the sale and redevelopment of 4 Crescent Street, Penacook, together with a report from the Assistant for Special Projects.
40. Resolution transferring the sum of $31,000 from Compensation Adjustment and Contingency Account to various departments' accounts; together with report from the Deputy City Manager - Finance.
41. Resolution adopting the FY2011 Concord Human Services Guidelines; together with report from the Human Services Director.
Consent Communications
42. Street closure request for an annual neighborhood block party to be held on Wilson Avenue on September 5, 2010, rain date September 6, 2010.
Appointments
43. Mayor Bouley’s proposed appointments to the Transportation Policy Advisory Committee. Thomas Irwin, Frank Drouse, Brett Todd, Richard Lemieux, Ursula Maldonado and James Sudak
44. Mayor Bouley’s proposed appointments to the Recreation and Parks Advisory Committee. Chiara Dolcino, Lauren Flieder, Glenn Mathews and Mary Miller
45. City Manager’s proposed appointment to the Concord Housing Authority. Mary Ann Leon
**End of Consent Agenda**
46. June 14, 2010 Public Hearings
A. Resolution re-designating Lehtinen Park as public open space to be managed by the Conservation Commission, and re-designating the Contoocook River Park as a park to be managed by the Recreation Department; together with reports from the Planning Board, Conservation Commission, and Recreation and Park Advisory Committee. (5-9)
Action: City Manager Tom Aspell provided a brief overview explaining that Lehtinen Park was designated by the city to be a park under the jurisdiction of the Recreation Department however they do not manage this park or issue permits for uses therein. He added that the Contoocook River Park is considered to be open space under the jurisdiction of the Conservation Commission which has been managing it. He pointed out that the recommendation within the city’s new master plan is that Lehtinen Park should be redesignated as open space and the Contoocook River Park should be redesignated as recreation space and switching the management of both.
Councilor Coen asked what the original intent was for the Lehtinen Park land. City Planner Doug Woodward responded that at the time Lehtinen Park was viewed as an opportunity for more of a rural recreation and doesn’t believe that anybody envisioned it for athletic fields. He explained that the city and Town of Hopkinton both were engaged in acquiring open space land along the river that straddled the Mast Yard Forest and was probably the first time that the city had acquired land along one of the rivers. He added that in the early days, the Recreation Department had enough on its hands with the urban parks and athletic fields so the Conservation Commission started developing trails. He added that the Recreation Department today should be issuing permits for all types of things which hasn’t really happened and that the Conservation Commission has kept the relationship of the permitting for the snowmobiles under their domain. He noted that Recreation has not anticipated any athletic fields or formal areas for activities.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor closed the hearing.
B. Resolution accepting and appropriating the sum of up to $400,000, in unmatched American Recovery and Reinvestment Act of 2009 (ARRA) “Stimulus” Brownfields Clean-up Grant funds from the New Hampshire Department of Environmental Services for city owned property at 4 Crescent Street, Penacook; together with a report from the Assistant for Special Projects. (5-4)
Action: City Manager Tom Aspell indicated that staff went after this money hard and was able to bring these additional funds to help with the Penacook project.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor closed the hearing.
June 14, 2010 Public Hearing Action
47. Resolution re-designating Lehtinen Park as public open space to be managed by the Conservation Commission, and re-designating the Contoocook River Park as a park to be managed by the Recreation Department; together with reports from the Planning Board, Conservation Commission, and Recreation and Park Advisory Committee. (5-9)
Action: Councilor Bouchard moved approval. The motion was duly seconded and passed with no dissenting votes.
48. Resolution accepting and appropriating the sum of up to $400,000, in unmatched American Recovery and Reinvestment Act of 2009 (ARRA) “Stimulus” Brownfields Clean-up Grant funds from the New Hampshire Department of Environmental Services for city owned property at 4 Crescent Street, Penacook; together with a report from the Assistant for Special Projects. (5-4)
Action: Councilor Blanchard moved approval. The motion was duly seconded.
Mayor Bouley recognized staff for getting this money and that it goes a long way towards helping the project.
The motion to approve passed 14 to 0 on a roll call vote with Councilors Bennett, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, DelloIacono, Grady, Keach, McClure, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
49. Resolution adopting the Penacook Village Tax Increment Finance Development Program and Financing Plan and Establishing the Penacook Village Tax Increment Finance District; together with a report from the Assistant for Special Projects. (4-20) (5-47 I; 5-56) (Public hearing held May 10, 2010 final vote to be held in June)
Action: Councilor Stetson moved approval. The motion was duly seconded and passed with no dissenting votes.
50. Resolution appropriating the sum of $475,224, including the authorization for the issuance of bonds and notes in the amount of $285,000 and closing out capital projects of $57,324 and reserve and impact fee transfers of $132,900 to support implementation of the Penacook Village Tax Increment Finance District Development Program and Finance Plan. (4-22) (5-47 K; 5-58) (Public hearing held May 10, 2010 final vote to be held in June)
Action: Councilor Grady moved approval. 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, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
51. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 14, Morals and Conduct; Article 14-2, Miscellaneous Police Regulations; together with report from the City Solicitor. (4-27) (5- 47 P; 5-63) (Public hearing held May 10, 2010; action tabled until June 14, 2010) (Revised Ordinance and supplemental report from the Legal Department submitted)
Action: Councilor St. Hilaire moved to remove this item from the table. The motion was duly seconded and passed with no dissenting votes.
Councilor Shurtleff moved approval of the amended ordinance. The motion was duly seconded.
Mayor Bouley explained an amended ordinance and report have been submitted to Council for their discussion. He pointed out that they did not have a second public hearing on this item because the amended ordinance is narrower in scope than the original which, according to the Solicitor, does not require a second public hearing. He noted that the ordinance reads that “a person shall not smoke or otherwise use any tobacco or tobacco related product at any time within 50 feet of the general public entrance area of any city owned library.”
Councilor Stetson asked whether this was moving it away from the library to in front of City Hall. Mayor Bouley questioned whether people could smoke in front of City Hall. Deputy City Solicitor Jim Kennedy responded that there is a current policy that requires a certain distance away from the general entrance of City Hall.
Councilor Stetson inquired whether there should be a designated smoking area similar to the parks.
Councilor Coen pointed out that a designated smoking area on the campus is a different issue than eliminating any smoking in front of any public library.
Councilor Keach noted that it seems somewhat arbitrary to have a policy specific to the library but at the same time there are city facilities where smoking ought to be allowed or should be considered. He indicated that he is respectful and understands the problems that exist at the library but also understands the rights of other acts. He asked whether it is felt that this ordinance addresses both the issues. Mr. Kennedy responded that this ordinance addresses only the library. Referencing the report, he added that it discusses other ordinances that the city has relative to parks and that some have specific areas that are designated where smoking is permitted and other areas in which smoking is prohibited. With respect to the golf course, he pointed out that it is the same.
Councilor Bouchard inquired whether there was discussion as to why not have a uniform policy for all public buildings noting that it may be confusing to citizens that the library might be 50 feet and City Hall or somewhere else it may be 20 feet. City Manager Aspell explained that when this came forward originally it had a policy for all city owned property and then the question came up from several of the Councilors as to where the complaints have been coming from. He noted that the only complaints that the city has received are from people going into the library and Council said to look at an ordinance that addresses the complaints being received.
Councilor St. Hilaire pointed out that Mr. Kennedy had indicated that the city has a “policy” which is different than an ordinance. Mr. Kennedy responded that to be correct. Councilor St. Hilaire noted that just because the city has a policy doesn’t mean that anybody has to follow it except the employees. Mr. Kennedy responded that the application to the public is different than the employees. Councilor St. Hilaire noted that the reality is that if somebody is smoking at the library they can move to any place without an ordinance. Mr. Kennedy responded that the enforcement provisions for a policy are certainly different than that of an ordinance. He indicated that there is the strength of the law with an ordinance and they do not have that with a policy however signs are posted that make note of the policy.
Councilor Grady inquired whether it was correct that the policy only applies to employees. Mr. Kennedy clarified that the policy applies to employees and may be enforced against employees but it’s not an ordinance and that ordinances have the power of law to the general public at large and there are consequences for violating ordinances. He noted that if one violates the smoking ordinance they are subject to any of the penalties set forth within the ordinance.
Councilor Bouchard noted that the unintended consequences might be that the smokers move somewhere else if the ordinance prohibiting smoking within 50 feet of the library is passed by Council this evening . She asked whether there is an ordinance outside the Green Street gym or whether this just a policy. Mr. Kennedy indicated that this would be more in line with the policy and that there is not an ordinance prohibiting smoking outside the Green Street gym.
City Manager Tom Aspell noted that staff is not adverse to creating a policy that covers all city property, portions of city property, but felt that the library would be a good one to address immediately.
Referencing the report, Councilor DelloIacono pointed out that Claremont, Manchester and Nashua have $50.00 fines for the first offense and $100.00 for subsequent offenses. He asked what the fine was going to be this if the ordinance is passed this evening. Mr. Kennedy responded that it is set forth in the city’s penalty section and that there isn’t a specific penalty there so it would go to $50.00 to up to $1,000.00 penalty.
Councilor McClure questioned what the entrance area is and whether it included the entire square section in front of the doors. She asked how staff came up with the 50 feet. Mr. Kennedy responded that staff went from the general entrance doorway area out about 50 feet. Councilor McClure inquired whether 50 feet goes beyond the curb. Mr. Kennedy responded that he believes that 50 feet goes to the curb. Councilor McClure indicated whether this meant that if you are smoking you can’t be anywhere in front of the entrance but could be on the sidewalk next to the entrance. Mr. Aspell explained that the idea was not to get onto the sidewalks because once you get onto the public sidewalks then you are on the right of ways in the street. Councilor McClure noted whether this meant that it would not include the sidewalk between the entrance to the library and the street. Mr. Aspell responded that to be correct.
Councilor Keach asked whether it would be considered arbitrary that the city single out one building to apply this ordinance versus the rest of the city buildings. Mr. Kennedy responded that it wouldn’t be arbitrary here because the city is identifying a problem and believes it would be arbitrary if the city made a law without having complaints or without a reason. He explained that arbitrary is based on no reason and believes that the city has a reason of protecting the health of people entering the public library.
The motion to approve the amended ordinance passed on a voice vote.
Reports
52. Report from the Economic Development Advisory Committee regulations sub-committee regarding the City’s current zoning ordinance.
Action: Christopher Carley, EDAC Chair, provided an overview explaining that months ago the Mayor had challenged EDAC to come up with some specific proposals for improving the development process in the City of Concord. He explained that they have come up with a series of suggestions for amendments to the current zoning ordinance or other regulations that relate to it. He noted that they also came up with some suggestions for ways to attack the problem of writing a new zoning ordinance when the time comes. Mr. Carley indicated that, in general, the theme is to try as much as possible to simplify and rationalize the regulatory process noting that Concord has a lot of rules concerning development. He explained some of the steps and regulations in the development process within the city. He noted that on the subject of future plans, they looked at two different issues, one was the possibilities for development in the opportunity corridor. He stated what they were suggesting is that, rather than writing a whole host of detailed regulations that govern the vast majority of the rest of the city, that they take in a much more open end approach only excluding certain things which seemed appropriate for the zone but at the same time allowing developers to come up with any plausible solution that might work for development of the various kinds of properties and parcels subject to review by the Planning staff and the Planning Board. He noted that the idea being not to foreclose options that they may not have really seriously considered as a city for the development of that property because the regulations are too detailed and finicky. Referencing the 20/20 report suggesting the development or cultivation of village centers of various sorts around the city, he indicated that they are suggesting that, as part of their final draft, that those village areas be considered more in the manner of the way downtown is addressed in the zoning ordinance with a great deal more flexibility in terms of use and parking requirements so that multiple uses and varying levels of density can take place in these village centers. Mr. Carley explained that, in general, they are looking at modifying the existing ordinance in smaller pieces with a greater level of flexibility and fewer design decisions dependent upon zoning ordinance approval or variances and special exceptions. He added that they would like to see what they consider to be open minded enlightened view of a new ordinance that would allow for greater creativity and more time spent in the planning process on actual planning rather than trying to make sure that some minor regulation hasn’t been missed along the way.
Referencing term limits for the different boards, Councilor Stetson stated that it is sometimes very difficult to get volunteers for those boards and inquired what was recommended for the term that each individual should serve. Mr. Carley responded that there was a lot of discussion about that and doesn’t know that EDAC was prepared to make a specific recommendation of a number of years for a term but the gist of it is that it is reasonable to have multiple terms for an individual but not unlimited terms because it is important to have turnover over time. He noted that they should be staggered in such a way so that all institutional memory is not lost all at once. He indicated that they also felt that there should be training for all new board members both in the Planning and Zoning Boards and perhaps other similar regulatory boards so that individuals know what the ordinance that creates their board says they ought to be doing and what they not ought to be doing.
Councilor Keach indicated that it was mentioned that Concord has a lot of rules and asked whether Mr. Carley feels that Concord has more rules than other communities or whether the city about average. Mr. Carley responded that he feels that Concord has more and with the exception of Manchester or Nashua, Concord has a much larger, more complex zoning ordinance. He added that the one exception to the rule may be Portsmouth which tends to tie itself in knots over its historic character more so than Concord. He noted that Concord is pretty heavily regulated in terms of the complexity of its ordinance, the breadth of its ordinance, and the detail of it.
Mayor Bouley indicated that although the report is four pages long it does not reflect the number of hours that was spent putting it together. He noted that it was very well done, he likes the theme of flexibility throughout the report and anticipates much of what has been suggested to be considered and perhaps much will be incorporated in zoning changes that they will forward to the Planning Board for their review.
Councilor St. Hilaire moved to accept the report and refer it to Community Development. The motion was duly seconded and passed with no dissenting votes.
Unfinished Business
53. 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) (2-47) (3-48) (4-61) (5-68) (Report tabled at the September 14, 2009 City Council meeting; supplemental report submitted to Council April 12, 2010; no action taken)
Action: Item remains on the table.
54. Resolution approving the acquisition of open space property northerly of Clarke Street, and authorizing the expenditure of up to $11,000 from the Conservation Fund for this purpose, as approved by the Conservation Commission; together with report from the Conservation Commission. (5-10) (Tabled setting this item for a public hearing at the May 10, 2010 City Council meeting)
Action: Item remains on the table.
Comments, Requests by Mayor, City Councilors
Councilor Bennett referenced an issue that he believes needs to be addressed which is the conditions of the restrooms in the Library. He noted that an employee of the city has talked to him about appalling things going on in the restrooms. He indicated that he feels that the city should try to find out who is doing this and put an end to it.
Councilor Blanchard mentioned an incident that occurred in Penacook a few weeks ago explaining that during a thunderstorm some equipment was hit by lightning and it gave the hydro dam the message that the water was too high and ultimately took the Contoocook River down a foot and a half but solved the problem within four hours.
Mayor Bouley reminded the community that on June 21st Council will be holding a public hearing regarding the city’s budget and strongly encouraged anyone that is interested in the budget to come out to let Council know what they think about the proposed budget and any potential changes that may be made to it. Mayor Bouley also reminded residents that this is the dog licensing season and if dog owners would like to avoid a $25.00 penalty then residents have until the end of the month. He pointed out that there are currently still over 2,000 dogs that have not been registered yet.
Comments, Requests by the City Manager
City Manager Tom Aspell indicated that there are several sets of Finance Committee minutes for Council to look at before their Thursday evening meeting.
Adjournment
The time being 8:10 p.m., Councilor St. Hilaire 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