| September 8, 2008 Meeting Minutes |
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City Council Meeting
Minutes
September 8, 2008
City Council Chambers
37 Green Street
7:00 p.m.
Action: Councilor Lemieux moved approval of the August 11, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes. Councilor Stetson moved approval of the August 25, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
Action: Biron Champlin, Creative Economy Task Force Chair, explained that in June 2006 the city Economic Development Advisory Council asked the City Council to authorize a Creative Economy Task Force charged with developing a city creative economy plan. He indicated that EDAC asked that the work of the task force be funded with a $15,000 grant from the city’s economic development reserve fund to be matched by private contributions pointing out that the city’s investment was more than matched with $21,000 being donated by the private sector for this effort. Mr. Champlin provided a brief history of the Creative Economy Task Force. He commended the members of the task force who contributed their time and experience and expended a great deal of effort in this plan. He highlighted the five goals of the creative economy plan: build capacity of Concord’s creative sector; develop a business and public policy climate that encourages creativity; define and promote a creative identity and brand Concord; develop and enhance Concord’s downtown; enhance neighborhoods and surrounding communities. He further pointed out that this plan also identifies eight priority results to be achieved including: establish the private Creative Concord Committee and the public Creative Economy Advisory Council to represent the creative sector and implement this plan; define a distinctive Concord identity for business recruitment and tourism marketing; stimulate creative businesses with a new Creative Economy Revolving Loan Fund; develop a creative industry incubator and artist studio/housing project; encourage and support the expansion of NHTI from an associate degree granting college to a baccalaureate degree granting college; build a signature event that grows to define Concord for visitors and residents; encourage prominent cultural institutions, the Concord Public Library and League of NH Craftsmen to relocate downtown; partner with Main Street to enhance downtown with residences, restaurants, specialty retail, creative enterprises and events. Mr. Champlin explained that after further reflection and dialogue with both EDAC and the Greater Concord Chamber of Commerce, the Creative Economy Advisory Council Steering Committee became concerned that creating two advocacy bodies might cause confusion and some possible duplication of effort. He indicated that they felt comfortable that the advisory role to city government and vision for the Creative Economy Advisory Council could be performed as efficiently by the existing Economic Development Advisory Council if its charter is revised to formally include representatives of the creative economy and to specifically charge it with responsibility for this sector of the economy. As a result, Mr. Champlin indicated that the Creative Economy Task Force respectfully requests that City Council consider taking the following actions: to formally endorse the finding and recommendations of the Creative Economy Report; to recognize the Creative Economy as a significant contributor to Concord’s prosperity and commit to a proactive economic policy that nurtures this segment; to expand the city’s Economic Development Advisory Council charter to specify attention to the welfare of the creative economy and to add members selected for their knowledge of it; to endorse the Greater Concord Chamber of Commerce’s plan to establish “Creative Concord,” a Chamber committee focused on implementing the report’s private sector recommendations and promoting the health and growth of creative economic activity in general.
Tim Sink, Executive Director of the Greater Concord Chamber of Commerce, emphasized that the Chamber is very excited about Creative Concord, a new committee that the Chamber would like to make part of their business plan this year. He explained that for years the Chamber had something called Capital Region Visitors Council, a committee that was focused on increasing visitor spending in the Concord area. He indicated that the Chamber sees Creative Concord as playing this role but also expanding its mission to a broader area and providing a central clearing house of the creative economy as to how to grow this within the greater Concord community. He noted that one of his visions for this community is to see Concord recognized as a cultural center of the state. In closing, Mr. Sink asked that Council endorse this plan and look favorably upon the creation of the new Chamber committee to help implement some of the strategies that are contained within the report.
Chris Carley, Economic Development Advisory Council Chair, indicated that EDAC has been very much aware of what is going on and is very enthusiastic about the report and its proposals and the possibilities for the city of the creative economy. He noted that EDAC sees this as an opportunity that has very little downside to it and encourages the Council to endorse the report and to undertake the other recommendations.
Councilor Coen questioned whether the consultant had an opinion as to what level Concord is at as a cultural center compared to other cities the size of Concord in New Hampshire or New England. Mr. Champlin pointed out that there are comparisons within the report including Montpelier, Vermont and other like-size communities around the country. He explained that the consultant was surprised that the committee already had all of the key constituencies around the table and felt that there were a lot of cultural assets already that were significant.
City Manager Tom Aspell suggested that Council create the Creative Concord committee basing it under the Greater Concord Chamber of Commerce and to blend in CRDC, Main Street and city officials into this so that it is more of a private sector business oriented committee than a government committee. He noted that he agrees that having one committee rather than the two would be well founded.
Mr. Champlin indicated that it was their feeling that there needed to be a private sector initiative but that there also needs to be close ties with city government and the ability to provide and to play an advisory role. He added that the committee felt that it would be good to formalize EDAC’s advisory responsibilities for the creative economy and to make sure there is a formal representation of creative economy on EDAC.
Councilor McClure inquired whether there is a possibility of a hybrid combination of the two noting that she likes the idea of the private sector committee that can actually go out and do things while she sees the importance of EDAC’s advisory position pointing out that it is an advisory board and cannot actually accomplish tasks in the same way that a committee that is under the umbrella of the Chamber could. She asked if maybe Council could change EDAC’s charter adding some creative economy members but have the work being done by the Chamber group. Mr. Champlin responded that that is the intention because the feeling was that a private sector group would be positioned and able to move forward on a broad front to act as a convener to raise money to be an advocate. He explained that EDAC already advises on the economy and the creative economy is part of the greater Concord economy so that there would be a role for EDAC to play as an advisory group for the city government but that the real motivator and initiator would be Creative Concord. Councilor McClure questioned whether this Creative Concord group would have membership of the Council as well. Mr. Champlin responded that they would like that if it were possible.
Councilor Stetson noted that the one thing that concerns him is the fourth bulleted item on the handout explaining that he feels that it appears to be members only for the Chamber of Commerce for membership. He indicated that he feels that if membership is being looked for on creative economy, some individuals may not be able to join the Chamber right away. He inquired whether there is a possibility that there will be people on this committee that are not members of the Chamber. Presenters responded that this question had been addressed at some depth and the answer is, yes, it would be necessary that this committee have representation beyond Chamber membership. He added that it was important that if it is a committee of the Chamber that it operates like other committees of the Chamber and answers to Chamber Board of Directors. He explained that they have precedence with other committees in which non-members provide a level of expertise and help to get jobs done.
Councilor Nyhan inquired whether the proposed plan had been discussed at length with EDAC and how was it received by them. Presenters responded that two different options had been discussed: 1) to create an entirely different government committee for the creative economy which would be a parallel operation to EDAC; 2) to create an expanded for EDAC as is being suggested. He explained that the consensus at EDAC was that they would probably not going to accomplish a whole lot by creating a yet another group and that EDAC was capable of undertaking this.
Councilor Black made the motion to move forward with all four of the bullet points. The motion was duly seconded.
Referencing the City Managers comments, Councilor Nyhan noted that he feels uncomfortable voting either way this evening and inquired whether this is going to be consistent with some of the concepts that he had discussed. He indicated that he does not feel that the City Manager has had a fair chance to relay his thoughts as to how these two would integrate.
City Manager Tom Aspell responded that he thinks it does explaining that the only difference is that EDAC would always have to play a role and would always still make recommendations to the Council. He noted that he feels that this Council has become more comfortable with sending referrals to non-city committees for comments. He indicated that he could certainly support this noting that he feels that this is an excellent proposal and that his only thinking was that there are a lot of city committees and with Chris Carley’s leadership, if EDAC can truly stay focused on the creative economy piece at the same time as doing the rest of the economic development issues within the city, it would work fine. Mr. Aspell pointed out that this could be revisited as to whether this has become too much for EDAC to handle and whether more power needs to be put into the private sector.
Mayor Bouley explained that one of the items that it references is expanding EDAC’s charter and that Council will be revisiting the charter. He further explained that if Council wants to make changes it would be done at that time.
Councilor McClure noted that her sense from the discussion is that the work will be done in the Chamber committee and what the City Manager is suggesting is that there is Council input other than real membership on the committee. She explained that EDAC has always served a good advisory role and that there is a nice role for both as long as there is a strong multi-disciplinary Chamber committee as was mentioned.
Councilor Black’s motion to move forward with all four of the bullet points passed with no dissenting votes.
Mayor Bouley provided an overview of the agenda.
-Consent Agenda Items –
Action: Councilor Lemieux moved approval the consent agenda. The motion was duly seconded and passed with no dissenting votes.
Referral to the Parking Committee and Main Street Concord, Inc.
Referral to the Parking Committee
Referral to General Services
Referral to Community Development – Engineering
Referral to the Transportation Policy Advisory Committee
Items Tabled for an October 14, 2008 Public Hearing
From the City Manager
Consent Reports
Consent Resolutions
32.
Resolution honoring Kenneth G. Lurvey, CEcD, Business Development
Coordinator for his dedication and contributions to the City of Concord.
(For presentation in October)
Consent Communications
Appointments
Appointments by the Mayor
Elizabeth Campbell and Tom Arnold
**End of Consent Agenda**
A. 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, the Assistant for Special Projects and the Parking Manager. (8-10) (Public testimony received)
Action: Mayor Bouley asked Council to consider holding public hearings for item A through H at the same time since they all deal with overnight parking.
Councilor McClure moved to open public hearings A through H at the same time. The motion was duly seconded and passed with no dissenting votes.
Matt Walsh, Assistant for Special Projects, indicated that before Council this evening is a series of ordinances that are related to overnight parking in Concord explaining that during this past summer a proposal had been made by Main Street Concord which had been reviewed by the Parking Committee and city staff who have come forth this evening with ordinances that they feel that will work well for the city. He explained that there is a proposal to create a pilot overnight parking district which is focused within downtown and portions of Ward Six. He pointed out, that should these be approved this evening, the ordinances will take effect on November 1, 2008 and would remain in effect for two years at which time Council would have to take a specific action either to modify the pilot, to make it permanent or to expand it and to do whatever action it chose to. Mr. Walsh provided a detailed explanation of the ordinances. He noted that it is expected that the changes with the ordinances before Council would raise approximately $71,800 of revenue largely being garnered from the change in the 9:00 a.m. to the 8:00 a.m. enforcement for meters in parking garages and lots. Mr. Walsh explained that the cost of implementing these ordinances is approximately $55,600 which means that there is a net revenue to the city of approximately $16,100. He pointed out that there are several things to keep in mind as Council looks at this including that this is a pilot program and that there had been some discussion about the geography and whether this should be citywide or in different places. He explained that those working on it felt that trying to keep it within the downtown area and Ward Six was a good place to operate this experiment. He added that it is important to note that the financial analysis in the report is geared only in this pilot area so if Council wanted to change the geography of this particular program, it would change the financial analysis likely having a negative impact on the overall city budget because of loss of overnight parking ticket revenue. Mr. Walsh pointed out that there will be an adjustment period with the calling of winter snow emergencies explaining that there are narrow streets within the geography which means that a winter snow emergency may last longer than just the duration of the event until the streets can be made wide enough to pass. Mr. Walsh explained that this is only a pilot for two years and will remain that way until Council takes a different action. He added that because of this there has been a lot of attention in downtown housing in Concord in the central business district right along North and South Main Street. He noted that this is not permanent and probably will not do that much too immediately create new housing in downtown Concord. He noted that it is a step in the right direction and will help but its not going to be a panacea in creating downtown upper story market rate housing. In summary, he explained that this is a pilot program with a limited geography and because the staff through the City Manager’s designee has the ability to call winter parking bans or other maintenance or emergency parking bans staff is comfortable that there shouldn’t be any additional expense to the city for snow removal within the pilot area. He further explained that funding for public education is included within this proposal which should help reduce but not entirely eliminate initial confusion with this particular program when its implemented. He added that because of the revenue enhancements within this proposal and the ability to call the parking bans, staff does not anticipate that this program will create any financial hardships for the city. Lastly, he noted that staff is supportive of this proposal and feels that it has a good chance for success.
City Manager Aspell pointed out that if passed the ordinances would take effect on November 1st and if Council wants to move forward with these it is important to do so this evening because if it waits until October there will be a very short education window to prepare people for this. He explained that the idea is to keep this tax neutral and one of the stipulations that staff placed on it was that it cannot raise people’s taxes; the second stipulation is as best as the city can, it cannot reduce services to people. Mr. Aspell pointed out that the city has not called a snow emergency in at least five years and the city will be doing that now 25 to 30 times during a typical winter.
Councilor Stetson questioned how would declaring a snow emergency affect the area outside of this proposal. Mr. Aspell responded that it would not. Councilor Stetson indicated that it would affect the whole city now if a snow emergency is declared. Mr. Aspell responded that is why the city doesn’t.
Councilor Blanchard asked if it was considered to also extend charging the meter parking to 6:00 p.m. or was the morning only considered. Parking Manager Dave Florence responded that it had been discussed in the Parking Committee to extend into the evening and the consensus was to begin an hour earlier in the morning. Mr. Walsh added that the thought was to not only enhance the revenue but to try to get a turnover in the parking spaces in the downtown area for people who start shopping and coming to downtown during the day. Councilor Blanchard inquired whether there are streets that are only allowed parking on one side noting that there must be streets in which there would be a problem if there was parking on both sides. Mr. Walsh responded that there would be parking where you can legally park during the day. Councilor Blanchard inquired whether any problem is foreseen in areas other than downtown in regards to trash pick up. Mr. Walsh responded that not to his knowledge. Mr. Florence added that he does not foresee any additional parking in regards to trash pick up.
Councilor McClure indicated that she was surprised that staff had not estimated a cost for the snow removal. She inquired as to how people will be notified of a winter snow emergency. City Manager Aspell responded that people will have to take a responsibility and check the website or the television. He explained that in the past it was only done in limited areas particularly downtown with posted signs but this will not be done anymore it will be the responsibility of people parking their cars on the street to make sure there is no snow emergency. He explained that the reason that there is no cost is because in the past a car could be left on the street as long is it is removed by 2:00 a.m. now cars will have to be off the street by 11:00 p.m. and can not be put on the street until 7:00 a.m. leaving the city the window to do the same type of snow removal process without incurring the cost. He pointed out that the cost is incurred when the cars are in the way when the city plows and have to come back to plow on overtime. Councilor McClure inquired whether the vehicles that are left will be fined. Mr. Aspell responded that the vehicles will be towed. Councilor McClure inquired whether the vehicle owner would be paying for the fine. Mr. Aspell indicated that to be correct. Referencing Manchester, Mr. Aspell indicated that they have two tow trucks that drive around the city with police officers and tow away the vehicles. Parking Manager Dave Florence explained that Manchester sets up two storage lots in two different areas of the city and tow all the vehicles to these lots in which the police officers man the lots and release vehicles after people pay the fines. Councilor McClure inquired as to where these lots would be. Mr. Aspell responded that staff would work this out if Council chooses to move ahead with this. Councilor McClure questioned as to why this wouldn’t incur costs even initially. Mr. Florence explained that there are dollar figures within the report for the enforcement pointing out that there is $954 for additional fuel costs and $7,600 for overtime dollars for the Parking Division to send people out to enforce this. Councilor McClure noted her surprise that the revenue is only $16,000 and inquired whether staff is expecting this to be higher or whether they feel that this is a comfortable margin. Mr. Aspell responded that he feels that it is initially which is why it is a pilot. He indicated that staff is not really sure and one of the conditions of this is to make sure that it doesn’t become a burden on the taxpayers and indicated that if it does, even after the first year, he will be back before the Council. Referencing meter feeding, Councilor McClure questioned how this was defined and how are people being apprehended for it. Mr. Florence used a two hour meter as an example explaining that a parking officer will look at the meter number, the license plate and the time and whether or not there is any time on the meter. He indicated that if for example, an officer comes by at 9:00 a.m. and there is an hour worth of time on the meter and comes back an hour and ten minutes later and the same vehicle is at the same meter with two more hours of time on the meter, this individual would be subject to a meter feeding ticket.
Responding to Councilor Coen’s earlier inquiry regarding overnight parking being implemented over eighty years ago, Chief Barry indicated that he had been told was that overnight parking existed as a damper on development for landlords so that they couldn’t have more people living in homes than they had parking available off-street for the people that lived there.
Councilor Bennett noted that this group of ordinances came out of the Parking Committee unanimously. Referencing Councilor Coen’s question, Councilor Bennett indicated that he had been told that this was implemented over eighty years ago because coal trucks had needed room to deliver coal to the coal chutes at residences and was also told that this was taken one step further and it was because they wanted to keep the streets clear for street sweeping. He added that there are a few different items that have happened over the years but for all intent purposes in Ward Six, there are nineteenth century homes with twenty first century needs.
Councilor Keach added that he has also heard the coal story as an explanation. He asked the City Manager if it was his intention to call a snow emergency every time that there is a snow event or only when there is significant precipitation expected. Mr. Aspell responded that only when the city has to plow during the evening. He explained that a best educated decision will have to be made early in evening or during the day about something that is coming up in advance and make that determination. Councilor Keach inquired whether three inches of snow would necessitate this. Mr. Aspell responded that it would be anytime that the city has to go out to plow.
Councilor Bouchard inquired whether the cost is a $100 fine in addition to towing fees. Mr. Walsh responded that it would include a $100 fine, plus the cost of the tow, plus the cost of storing the vehicle.
Councilor Lemieux indicated that this is being proposed as a two year pilot and two years from now staff will be coming back to Council to recommend continuance or discontinuance. He inquired as to what basis staff will do this whether it will be counting or studying during a two year period. Mr. Walsh responded that every department has its own set of concerns with this explaining that General Services will be tracking how difficult it was to do the snow operations and whether it cost them more to go back for unforeseen circumstances; staff will also be tracking the revenue end of this. Councilor Lemieux questioned whether staff had a plan to do this or whether it would be anecdotal two years from now. Mr. Walsh responded that staff will try to formalize this as much as possible because they would want to come back to Council with real data instead of anecdotal observations. Councilor Lemieux inquired whether any thought had been given to where people are going to park when there is a snow emergency. Mr. Walsh responded that people should still maintain their private driveways the way they have done before this goes in effect noting that people that don’t do this would have to, in the case of Ward Six, park in one of the three garages downtown. He noted that it is strongly recommended that people still need to clear their driveways to the extent that they have in the past before this change goes into effect so they can get their vehicles off the street during snow events.
Mayor Bouley declared the hearings open for public hearings A through H.
Five Minute Public Testimony
Tim Britain, Main Street Concord Inc. President, spoke in support the parking ordinances before Council. He provided some background information about the issue and Main Street Concord’s efforts to promote overnight parking in downtown. He explained that in 2006 their board of directors adopted a global initiative for Main Street Concord to explore avenues to encourage upper story market rate housing in an effort to enhance the arts and entertainment district. He noted that they believe that the overall economic revitalization of downtown Concord is closely tied to the development of upper story market rate housing and that increased occupancy at buildings with vacant upper floors will strengthen ground floor businesses. Referencing a Bonz REA report and a report from the housing subcommittee created by Main Street Concord’s economic development committee, Mr. Britain explained that the availability of parking is one of the principle factors constraining upper story growth. He further explained the housing subcommittee report concludes that the committee believes that permitting overnight parking in the core of the downtown would significantly enhance the potential for upper story building reuse. He indicated that in light of these findings, the Economic Development Committee redoubled its efforts to seek amendments to the city’s parking ordinances that prohibit overnight parking. He noted that since Main Street Concord has submitted their report, they have worked extensively with Councilors, the Parking Committee and members of city staff to help draft and shape the ordinances and policies that are before Council this evening and pledged that Main Street Concord will continue to work with the city to advance these programs should Council adopt them this evening.
Roy Schweiker, Concord resident, noted that he feels that the forty eight hour limit is unenforceable. Referencing Ward Six, he noted that he feels that this is a giveaway to landlords therefore making it easier for them to charge higher rents because people will be able to park on the streets. Mr. Schweiker added that he does not like the idea of allowing this on narrow streets explaining that it is currently hard enough to get out of driveways during the winter on narrow streets when there is a car parked across the street. He asked that Council consider excluding streets less than eighteen feet wide curb to curb or eighteen feet between snow drifts for overnight parking.
Nan Hagen, Main Street Concord Inc, noted that they feel passionately about the ordinances and feel that it would be a good thing for the city because parking is the big issue that can kill the development of upper story housing. She noted that market rate upper story housing strengthens downtown ground floor businesses. Referencing an article in the Virginia Review, Ms. Hagen indicated that an average downtown employee typically spends $2,500 to $3,500 a year in downtown shops while the average downtown resident spends upward of $14,000 per year in downtown stores and restaurants. She indicated that market rate upper story housing encourages new businesses to open to accommodate the desire for more entertainment in the evening. She added that market rate upper story housing also makes downtown safer. She noted that she feels that the snow removal aspect had been adequately addressed as well as the financial aspect to ensure that the city does not lose money in this project. In closing, she urged Council to pass these ordinances.
Alex Moody, Main Street Concord Inc, noted he was speaking on this item as an advocate for residents of his buildings explaining that for them it’s a basic fundamental issue. He noted that for his tenants the issue comes down to being forced to park, usher their family in and unload groceries then get into their cars a drive five or six blocks away. He indicated that this basic ordinance change gives the opportunity to give those residents the same basic ability that homeowners get when they pull into their driveways to park; safer and closer to their homes. He noted that without having the ability to park and the ability to develop the upper stories downtown, the economic growth and development of the city is being limited.
Councilor McClure inquired as to where Mr. Moody’s apartments are located. Mr. Moody responded that he currently has a nine unit building with one commercial unit attached on the corner of South State Street and Concord Street and a twelve unit residential building on Perley Street.
Mary Caldwell, Oak Street resident, spoke as a property owner to encourage Council to pass this ordinance this evening noting that she feels that it will keep neighborhoods like Oak Street viable in the future.
Paul Lizzy, Merrimack County Savings Bank President, spoke in favor of the parking ordinance changes. Speaking as a local lender, he confirmed that any lender that is going to be involved in either the development of or the permanent financing of upper story housing in downtown Concord is going to require that parking be available. He explained that there has to be close by overnight parking available because people need, have and use their automobiles on a daily basis. He noted that allowing overnight downtown parking as proposed in the ordinance change is a good first step. Mr. Lizzy explained that because this is a two year pilot program, this will likely mean there won’t be anybody stepping up to the plate within the next two years but clearly to get over the concerns regarding revenues, safety, snow removal and other concerns this needs to be done on a pilot basis in order to ultimately get to the permanent scenario.
Stephen Heavener, Capital Regional Development Council, explained that the unique thing that they bring to the table is a lot of creative resources and they are the non-profit business association that is here to help the city bring new activity downtown and new business development. He explained that the opportunity corridor fund is a fund specifically dedicated to assist the development community with enhancements.
Tim Sink, Greater Chamber of Commerce, indicated that he was authorized by the Chamber to submit a letter to Council that would support removing the ban from downtown Concord. Referencing the Creative Economy Report, he indicated that removing the ban on downtown Concord was one of the recommendations within the report.
Mark Cibrowski, owner of several downtown properties and Main Street Concord Inc member, noted his support of the changes within the parking ordinances as presented this evening. He indicated that he feels that they make sense for a whole host of reasons with the primary one being the removal of the hurdle to upper story housing.
Brian Shea, Barley House Restaurant, noted that he feels that the proposed ordinance change would capture a population after 5:00 p.m. would be good for restaurants and businesses downtown. Referencing a public safety aspect, he explained that when a patron leaves a restaurant they have to make a decision as to whether to drive home or not and the fact that they wouldn’t get a ticket may influence their decision to take a cab instead.
City Manager Tom Aspell noted that one of the concerns he had with the proposal was that during a snow emergency the ban would be for 11:00 p.m. and questioned whether this would concern Mr. Shea. Mr. Shea responded that it would depend upon the day. He indicated that overall, the positive impact of overnight parking would far outweighs this issue.
Jeff Hoadley, North State Street, indicated that he supports the overnight ban with a few caveats; the overnight program appears to be relatively limited in scope. He explained that if you start with something that is the least common denominator and if two years from now if there is no evidence of what challenges the city may have in other parts of the city, there won’t be any way to change that area described by the pilot program. He added that once the residents begin to see the privilege that has been extended to them; they are going to see that they want that privilege as well.
Councilor Keach inquired whether he would be in favor of supporting this citywide. Mr. Hoadley responded yes.
Julienne Turner, Concord TV Executive Director, spoke on how Concord TV could help to get the information about a parking ban due to snow removal including: looking into a software package that could be implemented into the existing equipment that will allow a representative of the city or Concord TV to log into a website from any internet connection and post that parking ban as well as email and text messaging out to a list of people. She explained that if a citizen wished to subscribe to this service by giving their cell phone number and receiving a text message notifying the resident that they need to move their car. Ms. Turner indicated that as a concerned citizen she is in favor of expanding this citywide but noted that it may be a little confusing as to why vehicles can be parked overnight in one area but not another. She asked what would happen to residents who do park on the street outside of this pilot project area and whether their first ticket would be pardoned because of the initial confusion it may create.
Doris Ballard, Concord resident, noted that she is in favor of the ordinances and asked that Council pass them this evening. She indicated that overnight parking would be a good idea for upper story housing, a boost to economic development and arts and entertainment district. She noted that she feels that ultimately this should be done citywide but that this is a good first step.
Nikki Clark, South Street resident and Capitol Center for the Arts Executive Director, spoke in support of overnight parking explaining that this would help with the problem of overnight guests spending the night at the apartments of renters in Ward Six.
Katie Brown, Liberty Street resident, noted her agreement with the difficulty for overnight guests to park.
Three Minute Public Testimony
Roy Schweiker indicated that residents can obtain permission from the Police Department to park overnight on a special basis if needed. He noted that as he recalled several people, including the City Manager were involved in a project to bring upper story housing with guaranteed parking in the new garage to downtown and pointed out that this didn’t work. He indicated that he would like to see someone do a survey of these streets at 11:00 p.m., before adoption, to see how many cars are parked on the street and a year into the pilot do the same survey. He asked whether it is the city’s responsibility to provide parking for everyone that buys undersized property. He pointed out that during the budget hearings he had proposed selling stickers for overnight parking. He explained that one of the key reasons for selling a sticker is that people are then guaranteed to have the education about how overnight parking works because they would be given a pamphlet that explains it.
There being no further public testimony, the Mayor declared the hearing closed.
B. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-5, All-Night Parking Prohibited. (8-11)
Action: Public hearing for this item taken with item A.
C. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-3, Parking Meters; Section 18-3-3, Periods of Parking Time Established. (8-12)
Action: Public hearing for this item taken with item A.
D. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-3, Parking Meters; Section 18-3-6, Effective Time of Parking Meters. (8-13)
Action: Public hearing for this item taken with item A.
E. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 19, Penalties; Article 19-1-5, Towing Vehicles Away. (8-14)
Action: Public hearing for this item taken with item A.
F. Ordinance amending the Code of Ordinances, Schedule II, Fines and Penalties appended to Chapter 1, Government Organization; Article 1-5, Fees, Fines, and Penalties, Section 1-5-2, Fines and Penalties. (8-15)
Action: Public hearing for this item taken with item A.
G. Ordinance amending the Code of Ordinances, Schedule II, Fines and Penalties appended to Chapter 1, Government Organization; Article 1-5, Fees, Fines and Penalties; Section 1-5-2, Fines and Penalties. (8-16)
Action: Public hearing for this item taken with item A.
H. Resolution amending the General Fund and Parking Funds budgets adopted June 23, 2008 – FY2009 Budget Resolution #8189 – to reflect Council amendments to the City’s Overnight Parking Policy. (8-17)
Action: Public hearing for this item taken with item A.
I. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 1, Government Organization, by amending Article 1-5, Fees, Fines and Penalties; Schedule I; together with report from the Parking Manager. (8-18)
Action: Councilor St. Hilaire moved to open public hearings I and J at the same time. The motion was duly seconded and passed with no dissenting votes.
City Manager Tom Aspell provided a brief overview explaining that the idea is to have discounted hourly parking and discounted lease rate parking in the Capital Commons garage for a one year period commencing upon the passage of the ordinance as recommended by the Parking Committee. He indicated that when Council built the parking garage they understood the demand at that time was for approximately 330 parking spaces but instead of adding additions on to it over the years, it was overbuilt to 512 spaces which is an additional 200 spaces. He noted that they could be put to better use to accomplish two things: a better cash flow in the garage to help pay down the bond cost; remove more cars off the street to help downtown merchants do better business.
Councilor Lemieux referenced the City Manager’s statement that this is being done to promote better cash flow and inquired whether it is known whether this will happen. Mr. Aspell responded that the city has already been contacted by individuals who want to take advantage of this. He noted that it would bring more tenants into the garage. Councilor Lemieux indicated that it would need to bring in one-third more than there are now to break even. Mr. Aspell indicated that to be correct explaining that the people that staff have been talking to are people who aren’t currently located in downtown. Councilor Lemieux asked if the City Manager felt confident that the number of users would increase by more than one-third to make up for the twenty five percent loss in revenue per parking space. Mr. Aspell responding that by doing this for a year at a time it may be difficult to do. He added that if the garage is filling up there would be no reason to continue it and if it is still empty then the spaces should be put to use. Councilor Lemieux questioned whether the discount would be offered to existing parkers as well as new parkers. Mr. Aspell responded no explaining that it would only be for new parkers.
Mayor Bouley declared the hearings open for items I and J. There being no public testimony, the Mayor closed the hearing.
J. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-3, Parking Meters; Section 18-3-8, Use of Parking Meters. (8-19)
Action: Public hearing for this item taken with item I.
K. Resolution authorizing the expenditure of $300,000 and authorizing the issuance of $300,000 in bonds and notes for the construction/replacement of one screw pump at the Hall Street Wastewater Treatment Plant; CIP #104; together with report from General Services. (8-20)
Action: City Manager Aspell provided a brief overview explaining that this would replace the part of the original equipment that was built in 1980.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
L. Resolution appropriating the amount of $120,000 and authorizing the issuance of bonds and notes CIP #35, Route 3 Corridor (North) Improvements; together with a report from the City Engineer. (8-21)
Action: City Manager Aspell provided a brief overview explaining that as part of the fiscal year 2009 CIP #35 budget item the idea, knowing that it was going to be multiple years before the completion of the Fisherville Road/Village Street improvements, was that $120,000 was put into the budget for improvements from North State Street between Lake and Call Streets as well as Village Street between Abbott and Washington.
Councilor Lemieux indicated that one of the sections that will be resurfaced is between Lake and Call Streets and inquired whether this is on the schedule for 2010. Mr. Aspell responded that it is either for 2010 or later. Councilor Lemieux noted that the section between Penacook and Call Streets is one year after that and questioned as to why this isn’t being given an interim overlay. Mr. Aspell responded that it’s due to the amount of money that the city has available. Councilor Lemieux indicated that if Penacook to Call Streets were done instead of Call to Lake Streets it would be in service for an extra year. He indicated that it seems to be as bad as condition as the part that is being resurfaced. City Engineer Ed Roberge responded that staff is trying to target the worst conditions explaining that there are some sections that are down in the area nearest Penacook Street that are bad but felt that the sections in the Village Street area as well as the section from Lake to Call Streets was the most defective. Councilor Lemieux inquired as to how wide they will be surfacing the areas that will be surfaced. Mr. Roberge referenced the limits of the costs explaining that the city is going to try to limit it to the travel way from fog line to fog line, generally about twenty four to twenty six feet in width.
Mayor Bouley declared the hearing open.
Five Minute Public Testimony
Peter Rhoades, Concord resident, indicated that he commutes mainly by bicycle on the Route 3 Corridor and expressed his concern with traveling on the shoulder. He indicated that if it could be increased to the whole width of the road it gives the city a test run and an idea of what the width is going to when the corridor is completed. He pointed out that it would also give bicyclists a little more safety.
Referencing a width expansion, Councilor Coen inquired whether it would reduce the length of the improvements. Mr. Rhoades noted that there are sections that are worse than others including where Abbott Road meets Fisherville Road to the new Abbott/Village Street. He added that there are intermittent areas in which he would deem horrible including near the prison and the whole stretch near the cemetery.
There being no further public testimony, the Mayor closed the hearing.
M. Resolution appropriating the sum of up to $4,500 from a New Hampshire Department of Environmental Services Water System Security Needs Grant, (for fencing installation at the Hutchins Street Water Treatment Plant); together with a report from General Services. (8-22)
Action: City Manager Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
September 8, 2008 Public Hearing Action
Action:
Councilor Bennett moved approval. The motion
was duly seconded and passed with no dissenting votes.
Action: Councilor Bennett moved approval. The motion was duly seconded.
Referencing public testimony received this evening, Councilor McClure asked that staff outline where the downtown and the opportunity corridor is in relationship to map of the parking area. She noted that she wasn’t sure if she is ready to include residential areas indicating that she feels that it is a completely different issue as opposed to downtown in which she feels is an excellent idea. Councilor McClure noted that she feels that maybe the downtown should actually have a different shape and maybe move back north a little. Mr. Aspell responded that as he recalls the opportunity corridor starts at Horseshoe Pond and comes down through Stickney Avenue and goes to the other side of Storrs Street. Mr. Walsh added that it comes down through State Street and continues south to the south end marsh at Exit 12. He also added that there is a little area of Penacook in the vicinity of the tannery. Councilor McClure questioned whether it goes north of Centre Street as well. Mr. Walsh indicated that to be correct noting that it goes all the way to Delta Dental and Brochu Nurseries. Councilor McClure asked why staff is not focusing on downtown and including other areas of the downtown where the city is trying to encourage this kind of redevelopment. Mr. Aspell responded that this does encompass all of the commercial piece for downtown and is a melding of two pieces: Main Street Concord Inc. was focused on the downtown; Councilor Bennett has been talking about doing this for many years and has been focusing on the Ward Six area.
Councilor Bennett’s motion to adopt the ordinance passed with no dissenting votes.
Action: Councilor Bennett moved approval. The motion was duly seconded.
Mayor Bouley inquired that when this was changed from 9:00 am to 8:00 am was it taken in consideration what the impact is going to be on the morning turnover of the coffee shops. Councilor Bennett responded that this had been taken in consideration.
Councilor Bennett’s motion to adopt the ordinance passed on a voice vote.
Action: Councilor Bennett moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Bennett moved approval. The motion was duly seconded.
Councilor Shurtleff inquired whether the towing contracts would be put out to bid. Police Chief Barry responded that the city has a towing contract whenever the Police Department specifically requests a car for evidence or if a city vehicle needs towing. He indicated that this will need to be determined explaining that if it was done with one selective company, then it would likely go out to bid and if it is done the way the city does it’s no preference tow service then it would be open to any tow service in the city. He explained that there is a contract that would be entered into that includes a list of expectations and the companies can either sign on according to the rules the city has set or they can choose not to. He indicated that if it’s done the latter, it would be on a rotation basis.
Councilor Keach questioned whether there are provisions in the procedure to prevent price gauging. Chief Barry responded that the city requires the tow companies to post their rates which are also required to be posted with the Secretary of State. Councilor Keach noted that he feels that it would be important to establish a rate explaining that it is conceivable that two different companies could have two different rates. Chief Barry indicated that to be correct explaining that the city is finding that they are very competitive. Referencing an earlier question by Councilor Bouchard, he explained that most of the time the tow charge gets through the first 24 hours and then the storage fees take effect after that.
Councilor Bouchard indicated that she believes that there is a state law for towing that addresses gauging. She pointed out that some towing companies in Concord will charge a $50 storage fee if the vehicle is not picked up by 5:00 p.m.
Councilor St. Hilaire asked whether the Parking Committee would consider looking into the permit idea, not making it mandatory but optional for those people who want to purchase a permit and giving them the opportunity to get a call to move their car.
Councilor Bennett, Parking Committee Chair, indicated that the committee had looked at permits and had determined that it is rather tedious for the Police Department to make sure the sticker is the right one and if there is snow on the windshield they would have to scrape/clear the windshield to be able to look at the sticker.
Councilor St. Hilaire inquired as to what happens if the power goes out and people can’t get the information off of their televisions or computer. He also inquired as to what would happen if there is a blizzard and all the vehicles are snowed in. Mr. Aspell responded that hopefully a blizzard would be detected ahead of time and staff will have to err on the side of calling the snow emergency. He indicated that the city would have to do what it does now which is tow, which would not include calling people but just hooking and towing.
Police Chief Barry explained that in observation, in years past he had worked overnight with General Services trying to remove snow from neighborhoods and noted that more often than not, it is extremely difficult to get people in the middle of the night to answer the phone or come to the door.
Councilor Bennett’s motion to adopt the ordinance passed on a voice vote.
Action: Councilor Bennett moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Bennett moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Bennett moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Bennett moved approval. The motion was duly seconded.
In reference to his earlier question, Councilor Lemieux indicated that the City Manager had responded that this discounted parking pass would only be sold to new users and inquired as to how the city would be able to tell who they are. Mr. Aspell responded that staff knows who currently has leases in the garage. Councilor Lemieux inquired whether this was just for leases. Mr. Aspell responded that one is for leases and the other one is for the debit cards. Mayor Bouley noted that Council received a list last month of all the people that lease spaces in the various garages. Councilor Lemieux noted his concern that there are people who are paying cash every day for spaces at the rate of $4.00 a day and now existing users will be enjoying a twenty five percent discount for using the same garage. Parking Manager Dave Florence indicated that to be correct explaining that people that use a prepaid pass would pay this discounted rate for one year. Councilor Lemieux questioned whether among those people will be people who are now paying the full daily rate of $4.00 a day. Mr. Florence responded yes if they are purchasing a prepaid pass. Councilor Lemieux noted his concern with selling discounts to people who are currently using the garages now and do not need a discount and that he is wondering whether there will be enough new users to offset the costs of offering these passes to the people who are currently parking in the garage for $4.00 per day. Mr. Florence indicated that they are hoping that the incentive to get people into the garage will outweigh the number of people using it now that get a benefit from the discounted rate.
Councilor Bennett’s motion to adopt the ordinance passed on a voice vote.
Action: Councilor Bennett moved approval. The motion was duly seconded and passed on a voice vote.
Action: Councilor Nyhan moved approval. The motion was duly seconded and passed 15 to 0 on a roll call vote with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
Action: Councilor Stetson moved approval. The motion was duly seconded.
Councilor Coen questioned that if the width was widened past the fog line for bicyclist whether it would reduce the length by twenty percent. City Engineer Ed Roberge explained that when the city first entered this into the budget in June paving costs were $56.00 a ton and the concern now is that paving costs are upwards of $80.00 a ton. He added that widening it from a 26 foot width to a 32 foot width would reduce the functional area of about 4,500 linear feet of work area down to approximately 3,800 feet.
Councilor McClure inquired whether it is possible to do separate areas as opposed to all together. Mr. Roberge responded that separate areas will be done and try to track down the worst affected areas from last winter and make them as passable and smooth. He explained that since 2005 with the paving program, the city is taking any opportunity to narrow down the travel lanes and create widened shoulders. He explained that if there is a 26 foot wide roadway now which is two 13 foot travel ways with fog lines, they would be striped in at 10 foot travel lanes with 3 foot shoulders. He noted that this would offer a smooth transitional area for bicyclists to use as well as vehicles. He explained that most of the section of road that is being talked about is a flat straightaway without much turning movements with heavy trucks so there is an opportunity to improve the functionality of bike lanes with this. Mr. Roberge explained that it would be going from old pavement sections to new so the striping might vary a little bit but it may be enough to accommodate the biking community better.
Councilor Lemieux indicated that some of the value of the pavement will be saved when it is recycled and asked what the percentage is. He noted that some of the $120,000 will go to the material and some will go to the labor to install it and asked what the split would be. In terms of the split, Mr. Roberge responded that it is sixty five percent material cost savings for recycled. Councilor Lemieux inquired whether thirty five percent of the money will not be recovered when recycled. Mr. Roberge responded that it was probably related to the labor.
Councilor Blanchard inquired that as the whole Route 3 corridor is done whether it will be reducing the size of the travel lane to make the shoulders wider. Mr. Roberge responded that the final cross section for the roadway will be 11 foot wide travel ways with 5 foot paved shoulders for bike lanes.
The motion to approve passed 15 to 0 on a roll call vote with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
Action: Councilor St. Hilaire moved approval. The motion was duly seconded and passed with no dissenting votes.
Reports
Action: City Manager Aspell provided a brief overview.
Carlos Baia, Deputy City Manager – Development, explained that normally a referral from Council to the Planning Board for a zoning recommendation it would usually come back to Council on the consent agenda. He noted that fundamentally it is the same recommendation from EDAC and the Planning Board that the request for 285 Village Street to be rezoned from urban commercial to central business performance be accepted by Council and move forward for official rezoning. He explained that the difference is that EDAC in reviewing this item indicated that they understand the logic of moving it south but then there are two remaining properties and the challenge is going to be that there would be a mid-block zoning district. He indicated that EDAC’s recommendation was to move it completely to Coral Street which would be a natural geographic boundary.
Mr. Aspell explained that based upon what the request is from Mr. Moody does Council want to set the Planning Board recommendation for a public hearing or would Council prefer to include up to the Coral Street property in which case staff would need to speak to the people who own the properties before setting it down for a public hearing. He suggested that not to hold up the rezoning that everyone seems to agree to, that Council set this down for a public hearing.
Councilor Shurtleff moved to move forward with a public hearing for the October meeting on 285 Village Street. The motion was duly seconded and passed with no dissenting votes.
Councilor Coen moved to continue down to Coral Street.
Mr. Aspell suggested that if Council wants to pursue this it may make sense for the city to contact the owners of the properties to see whether or not they would be interested in this and if they are, staff would come back to Council with an ordinance.
Mayor Bouley clarified that the choices before Council is to leave it the way it is; move forward with a public hearing; take what EDAC has recommended and ask City Administration to contact those owners to see if they would like to be considered for a change.
Councilor Coen moved to have City Administration approach the owners to see if they would be interested in making a change. The motion was duly seconded.
Councilor McClure indicated that she would be opposing this motion explaining that she had attended the EDAC meeting in which this had been discussed and noted that the discussion had been rather casual with no real significant knowledge of the properties concerned. She indicated that they felt that it was important enough to forward on to the Planning Board for a more thorough analysis and review. She noted that she would hold to the Planning Boards recommendation explaining that she believes they took EDAC’s suggestion, looked at it more carefully and decided against it.
Councilor Shurtleff explained that the Planning Board did vet at this issue, looked at both sides and came up with the recommendation they did to make the change to just the one lot that was originally requested.
Councilor Keach questioned as to whether this had been a staff generated idea to extend it. Mr. Baia responded that it may have been an idea that he may have broached during an EDAC meeting explaining that from a personal concern he would be worried about the future for having two lots left out that the likelihood at some point that the owners of one or two of the lots may come forward and indicate that they want to: a) rezone because they are doing something to their property and their neighbors to the north have it; or b) the neighbors to the north are in central business performance which has a much more relaxed set of rules in terms of lot coverage, screening for refuse, etc.
Councilor Shurtleff indicated that it is his understanding that with the change that EDAC recommended that the whole area of Coral Street, from Village Street down to Coral Street to Washington Street, would be rezoned. Mr. Baia clarified that it would be just the lots that front on Village Street.
Mayor Bouley questioned whether the owners of the other two properties have any idea that this was before Council. Mr. Baia noted that it is his understanding that they are not aware of this clarifying that this would not be a down-zoning of their property and if anything it would be an up-zoning.
Councilor Coen’s motion failed 7 to 8 on a show of hands vote.
Action: Police Chief Robert Barry provided a brief overview explaining that in May as part of the budget process the city asked both the Merrimack Valley School District and the Concord School District to increase their share of the school resource officer funding from sixty percent of the actual cost to seventy five percent. He indicated that Merrimack Valley School District had notified the city by letter that they were not inclined to increase their funding and asked, specifically to the Mayor, to rescind the requested increase. Subsequent to this, he indicated that the Concord School District has essentially given the same message. He explained that the city provides one school resource officer at each school and currently receive sixty percent of the actual funding from each school district. He explained that they currently provide five day week coverage through the school year with a few extra days at the beginning of the year to total 182 work days a year. Chief Barry indicated that he is asking Council for direction to either: continue with the full SRO program at the sixty percent funding level; continue with the SRO program at the sixty percent funding level and reduce the service twenty percent to match the reduced revenue; eliminate the SRO program citywide and return the two officers to patrol duties.
In regards to the Merrimack Valley School District, Councilor Nyhan inquired whether any of the other surrounding communities pay for the officer’s time. Chief Barry explained that the city pays forty percent and the other communities pay their pro-rated share of the sixty percent.
Councilor Coen inquired as to the actual dollar amount in the increase. Chief Barry responded that it is approximately $25,000 for both districts; $12,350 for Concord and $12,100 for Merrimack Valley. Councilor Coen asked whether there is any benefit to have a police officer at the schools. Chief Barry responded yes explaining that in the last school year there were 168 calls at Concord High School and 303 calls at Merrimack Valley High School. Councilor Coen questioned the reason for the schools decline in this. Chief Barry indicated that the reason the school districts articulated to the city is the fact that their budgets were set at the annual school meetings back in March and that their budgets were set.
Councilor Blanchard moved to adopt option one explaining that this would be for one year and it is her hope that the schools would budget the additional funds. The motion was duly seconded.
Mayor Bouley inquired whether the $25,000 would be absorbed by the Police Department. Chief Barry indicated that to be correct. Mayor Bouley questioned whether the Police Department has made room in their budget for the $25,000. Chief Barry responded no.
Councilor Werner inquired as to the character of the calls to the schools. Chief Barry explained that that for Concord High School the calls consisted of: 11 different types of accidents, 1 liquor law violation, 1 burglary, building checks, 16 drug offenses, follow up investigations, abandoned 911 calls, 11 cars stopped, parking issues, 5 different sexual assault investigations, service of subpoenas, thefts, criminal threatening, 2 weapon offenses. He indicated that at Merrimack Valley High School the calls consisted of: 1 significant drug intervention, 12 bike patrols, animal complaints, 6 accidents, 1 bomb threat, fights, disturbances, abandoned 911 calls, 2 involuntary emergency admissions, 7 juvenile items, criminal mischief, 10 motor vehicle stops, 1 possible DWI, 11 simple assaults.
Councilor Keach inquired whether these are all calls that an area car would have to be dispatched to. Chief Barry indicated that to be correct. Councilor Keach questioned whether there was anyone from the school districts present this evening to address their concerns. Chief Barry responded that he did not believe so.
Councilor Nyhan questioned whether the School Boards could meet throughout the school year and readjust their budgets. Mr. Aspell indicated that to be correct.
Mayor Bouley indicated that the Concord School Board meets in the fall to adjust their budget. Mr. Aspell indicated that to be correct.
Councilor Shurtleff noted that he understands the tremendous job that the resource officers do and indicated that he does not want to see any school district not pay what it has to pay to keep an officer in the schools but would rather see the city have to pick up the extra bit to maintain the five day presence.
Mayor Bouley asked whether this was the policy decision of the School Board or the decision of the administration. Chief Barry responded that it was represented to him by the superintendent that the School Board had no intention of paying the additional money. Mayor Bouley asked whether this meant that they had met, had a discussion, fully vetted and the public has listened to their decision and public has understood that it is the policy of the School Board, as represented by the superintendent, that they did not want to pick up the $12,000 to pick up their share of a very important school resource officer in the school district. Chief Barry responded that he could not verify this.
Councilor Keach noted that there is no question that the school resource officer is a tremendous usefulness in the schools but feels that the question is requiring the school district to pay their share.
Mayor Bouley noted that he feels that it is important to continue to have a police officer at the schools but feels that the appropriate option is two explaining that if the school chooses not to put up their share, Council has to reduce the services to four days a week. He noted that he does not think it is fair to ask the Police Department to come up with a $25,000 reduction so that they can follow through with option one.
Following brief Council discussion, Councilor Blanchard’s motion to accept option one failed on a voice vote.
Councilor Nyhan moved acceptance of option two. The motion was duly seconded and passed with no dissenting votes.
Action: Matt Walsh, Assistant for Special Projects, highlighted the four recommendations within the report: 1) appoint a library task force; 2) a fundraising feasibility study; 3) develop estimates for operating costs; 4) site selection/acquisition. He explained that option 4 consists of 4 parts: option 4A, the staff recommended alternative, the city would continue to pursue what is called the “Storrs Street” site in which the city would proceed with level II environmental site assessments of the 5 parcels being looked at and continue negotiations with property owners with the intent being to secure purchase option agreements which would allow the city to buy pieces of the site sometime in fiscal year 2010 or later; option 4B is to direct city administration with a task force to undertake a formal site selection study to identify all potential library sites in accordance with the recommendations set forth with the needs assessment; option 4C, similar to option 4B, would require the task force to come back to the Council to get formal permission to start negotiating with property owners; option 4D, the do nothing option, under this option the city would take no further action concerning site selection or acquisition until the Library Foundation completed its fundraising feasibility study which would delay this project 6 to 9 months, possibly longer.
Councilor Blanchard asked why the city would pay forty percent more for than the assessed value of property. She noted her concerns with spending money on studies. Referencing capital campaigns that have taken place, Mayor Bouley explained that the first step is to realistically look at how much they can raise. He noted that he would like to see Council recommend moving forth with the task force and approve the feasibility study for fundraising explaining that they need to know, in the community, how much money can be expected to be realistically raised. Referencing option 4, the Mayor noted that he feels having it downtown is important but also feels that it is critically important that the community participate in a public discussion as to where the best possible site for a library might be if it is able to be done, if the funds are raised, if the economy turns around. He indicated that he hopes the task force, in looking at all the potential sites and doing the analysis of the operations, would hold several public meetings and allow for the public to comment.
Councilor Blanchard noted her agreement but indicated that she is still curious as to why a consultant is needed for this if a task force is formed inquiring whether staff could do this. City Manager Aspell responded that there is nobody on the city staff that could do this. He explained that the city could fund a position but that it would cost a lot more than this.
Councilor Keach inquired why option 4A was the staff recommendation explaining that he feels that it is premature to enter into options before a feasibility study is done to determine exactly how much money can be raised. Mr. Walsh responded that this was the staff recommendation because since starting on this process late last fall, this has been the site the city has been pursuing. He explained that this had been explored in the needs assessment and the criteria laid out within the report made it a very compelling site and staff thought it to be one of the choice sites in downtown. With this being said, Mr. Walsh explained that if staff is incorrect the needs assessment will point out a better location from whatever criteria used. He noted that he envisions the criteria to be fairly in depth explaining that when the fire training grounds was done there were 34 different criteria to score upon. He pointed out that based on the attributes of the site, what staff thought it had going for it and the amount of due diligence, that is why staff recommended to keep going with it.
Councilor Coen noted his enthusiasm with steps 1 through 3 and with option 4C so that there is public input.
Councilor Coen moved to accept recommendations 1, 2, 3 and option 4C. The motion was duly seconded and passed with no dissenting votes.
Comments, Requests by Mayor, City Councilors
Councilor Coen inquired in regards to the upcoming election. City Clerk Janice Bonenfant indicated that the State Primary Election is tomorrow and that all the polling locations within the city will be open from 8:00 a.m. to 7:00 p.m.
Mayor Bouley noted that if individuals need to find out where they go to vote, they can contact the City Clerk’s office for polling locations.
Mayor Bouley thanked the General Services Department for doing an outstanding job improving the sidewalks downtown.
Consideration of Suspense Items
9 Sus1 Street closure request for the Annual Jingle Bell Run to be held on Saturday, December 6, 2008.
Action: Councilor St. Hilaire moved approval of the street closure subject to public safety and administrative requirements. The motion was duly seconded and passed with no dissenting votes.
9 Sus2 Charter Amendment / Tax Cap Petition report from the City Solicitor; together with communication from Josiette White, Concord resident.
Action: City Solicitor Paul Cavanaugh explained that the report outlines the fact that it is too late to put this question on the November ballot but that Council is obliged, under RSA 49-B to set a date for a special election. He noted that the special election must be held not less than 60 days nor more than 365 days as stated within his report. He suggested that Council vote this evening to place this item on a ballot and to have the City Clerk bring forth to Council some dates for when the special election is to be held.
Referencing the City Solicitor’s report, Mayor Bouley stated that “Council must on or before September 11, 2008 order that the question be placed on the ballot at a special election. The Council is not required to specify the exact date of the special election this evening. If the Council acts tonight, the election can be held no earlier than November 7, 2008 and it should be held within 365 days from the date of the Council’s order.” Mayor Bouley explained that if Council is to move forth with the order in which the solicitor has provided to Council, then Council would be saying this evening that they are placing this on the ballot at a special election and will be back at a later date to find the best possible time as to when this special election will be held. City Solicitor Cavanaugh indicated that to be correct.
Councilor Stetson moved adoption of the order on page 3 of 3 of the Solicitor’s report. The motion was duly seconded.
Councilor Keach indicated that there has been talk about the group filing an injunction and that the report does not reference this. He inquired whether this was because it is the Solicitor’s understanding that Council is within the laws as written. Mr. Cavanaugh indicated that to be correct explaining that the city has not received anything in regards to this. He pointed out that Council still has two days to act upon this and any filing with the court would be premature.
Mayor Bouley inquired whether staff has heard back from the state. Mr. Cavanaugh responded that the state has not been heard from.
Councilor Stetson’s motion to adopt the order passed with no dissenting votes.
9 Sus3
Referral to the Planning Board
Request from
Councilors Bouchard and Shurtleff requesting the Planning Board devise a method
to issue building permits, using some of the provisions provided under RSA
674:41, that could be incorporated under the city code of ordinances, for either
an unaccepted street or an individual lot(s), on which there are pre-existing
dwellings, located on an unaccepted street.
Action: Councilor Shurtleff moved to refer this request to the Planning Board. The motion was duly seconded and passed with no dissenting votes.
Adjournment
The time being 10:25 p.m., Councilor Nyhan moved to adjourn the meeting. The motion was duly seconded and passed with no dissenting votes.
A true copy; I attest:
Michelle Tiffany
Deputy City Clerk