Work Session
February 11, 2008
Present were Mayor Bertrand, Councilors McCue, Lafleur, Remillard, Donovan, Goudreau, and Boucher; Councilors Evans and Poulin were absent. Tim Cayer, Steve Lafrance of Horizons Engineering; Debbie Patrick, Patrick MacQueen, media and public were also present.
Easy Taxi
Gilbert Scott was invited to attend the meeting but was not present. Mr. MacQueen noted that the taxi license for EZ Taxi is eligible to renew every January 1 and City Clerk extends the license. This year someone called and complained about vehicles being unmarked. Mr. Scott did not get his proof of insurance to the City until February 1. Based on the existing ordinance, the taxi company has let their license lapse and to get another one, they will have to go to the City Council. Mayor Bertrand asked to move the item to the end of the meeting in anticipation of Mr. Scott’s attendance.
Conservation Easement for the Riverside Heights Project - Steve Lafrance
Mr. Lafrance of Horizons Engineering reported that he has been working with Tom & C Realty who bought a piece of property on Riverside Drive and have received Planning Board approval for an 87 lot manufactured housing park. There are wetland impacts, primarily on the road crossings and Mr. Lafrance asked if the City would be willing to hold a conservation easement as part of the wetland mitigation required by DES. There is about ½ acre of wetland and based on a 10 to 1 ratio, 5 acres would need to be put into conservation. There is a seven acre parcel on the property that could be offered as an easement; however that easement has to be held by a third party which would be the City, if Council approves.
Mr. MacQueen expressed concern that the City could accumulate a lot of these easements and the City has to meet the conditions of the easement. We now hold an easement with for the AVRRDD and they recognized that the City would look more favorably on their request if there were no costs associated with the transaction. Therefore the District hires someone to inspect the mitigated area every year. He went on to say that the Riverside Heights properties are residential development and some day, it is likely that all of the land would be sold. Who would pay for the ongoing terms of the easement? The City, as the grantee, would assume responsibility.
Mr. Lafrance stated that he is not sure how it gets worked out. Perhaps an association is set up to pay in perpetuity. To a question from Councilor Remillard regarding the cost of assuring compliance with the easement, Mr. Lafrance commented that the AVRRDD hires Ray Lobdell. Councilor Lafleur indicated that a forester walks the property with DES every year.
Councilor Boucher asked, if the conditions of the easement are not met, is the City responsible to get the work done to bring it into compliance? Mr. MacQueen responded that, yes, it is likely that the City would be responsible; however ideally we would want to serve as grantee and make the grantor responsible.
Councilor Donovan wanted to know what qualifications DES requires of the person who evaluates whether the terms of the easement are being met. He questioned whether it is as simple as sending someone to the site to view whether there has been encroachment. Councilor Goudreau confirmed that the terms of the easement would follow along with any sale of the property.
Mr. MacQueen noted that we need a plan from the developer that will tell us what he plans to do to remedy the situation. Councilor McCue established that Tom & C could continue to own the area of the easement, if they are willing to do that. Mayor Bertrand suggested that the LGC may have established literature for dealing with conservation easements as these are common in other parts of the State. He reiterated that the developer will come up with a plan for how this will work long term. Staff will find what requirements and qualifications are needed to determine compliance with the terms of the easement.
Hiring Freeze Committee
Mayor Bertrand established that the hiring freeze committee has been in existence since 1989 when the council felt they should review positions as they came up to determine their viability with the existing economic conditions of the city. Councilor Donovan stated that he has questioned whether this is legitimate and whether it is the right thing to do. Councilor McCue added that the Council likely does not have this authority; it is the responsibility of the city manager. Councilor Lafleur made the point that the department head coming to the Council to justify the position is a good exercise.
Mr. MacQueen noted that he has justified the existence of the Committee in that it is a budgetary measure. There would only be a problem if the Council were directly involved in hiring. He added that the position going to the hiring freeze committee is a direct result of the motion from 1989. Councilor Goudreau moved to eliminate the Hiring Freeze Committee; Councilor Donovan seconded and the motion carried with Councilor Lafleur voting against.
Capital Improvement Program
Mr. MacQueen explained that the CIP is a tool used to show where the city is heading with its spending. The major improvements in the city are hopefully, being done in a planned way. Zoning, and the power of capital spending have a lot to do with what a community is going to look like in the future. For the past five years there has not been a lot of capital spending at it tends to be the first item to be cut when the budget is tight. The first year of the plan is put into the annual operating budget. The City Manager asked the Council to review the plan and offered to answer any questions.
Council Policies and Rules of Order
Council members reviewed the Rules of Order. In Section IV, Mayor Bertrand requested that his report be moved to the last item before adjournment. Councilor Donovan so moved with a second from Councilor Goudreau. Councilor Lafleur opposed. Ms. Patrick requested that the Mayor’s Report be presented in writing.
Mr. MacQueen noted that he has never understood the difference between a work session and a regular meeting. Ms. Patrick clarified that the meetings on the first and third Mondays are considered the formal meetings. Councilor Donovan added that the work sessions are legally posted meetings and the Council has the power to act. Mr. MacQueen indicated that it might be useful to define the motions that are acceptable in work session and which should be kept for the meetings on the first and third Mondays. Discussion regarding public comments resulted in no change to the current practice of the public having two opportunities to speak at a regular meeting.
With regard to conflicts of interest, it was determined that a member with a conflict should declare the conflict prior to any discussion. It would then be up to the Council to decide whether the member should participate in the discussion. Councilor Goudreau questioned roll call votes versus voice votes. Ms. Patrick clarified that an ordinance would have a roll call vote and resolutions are by general vote. A roll call vote can be called for clarification.
In Section XVIII, Councilor Lafleur moved to eliminate the third reading of ordinances and resolutions; Councilor Remillard seconded and the motion carried.
In Section XX, to correspond with Section XVIII, Councilor Lafleur moved to change the rule to allow no more than one reading on the same day…; Councilor Remillard seconded and the motion carried.
Policies
-Policies changed include (new language in italics; deleted language strikeout):
-Monday Holiday Meetings: may be postponed until Tuesday or canceled.
-Add agenda item member request to CM City Clerk no later than Thursday, Noon
-Agenda preparation – City Clerk’s CM office for Mayor no later than Friday a.m.
-Mayor appointments of Council Committee members – confirm at regular meeting and place in meeting minutes
-Agenda posting – City Hall, Fire Dept, Library, Recreation Dept, web site
-NH Legislation – Legislative binder in Chambers indicates Manager’s responses/direction needed on Council’s legislative position
-Public info requests – Per Right to Know. We will allow requestor to review file at office and allow them to flag items for copies @ $1.00 per sheet
-Hiring Freeze Committee – no hiring or re-hiring shall occur until the City Manager and the Department Head meet with the Council for approval (Excludes summer and seasonal employees)
-Out of state travel - Council must approve all out of State travel
-Monday Meetings – no other City Board, Authority or Commission shall conduct their regular meetings concurrently with City Council meetings.
Rules of Order and Policies will be updated for acceptance at the next regular meeting.
Meeting Venue
Councilor Goudreau moved to have meetings on the 2nd & 4th Mondays in the City Hall auditorium and have the first and third Mondays in the Council rooms; Councilor Remillard seconded and the motion carried.
In discussion that followed Councilor McCue mentioned the inconsistency of going to a larger venue when we don’t want input from the public. Councilor Goudreau also noted that he’s heard that heating the hall would be wasteful spending.
Other - Budget
Councilor Donovan confirmed that the Public Works budget is over on the winter overtime and the salt budget is still in line.
Mayor Bertrand noted that he will confirm a schedule to meet with the departments during the budget process at the next meeting. Mr. MacQueen added that, if the Council so wishes each department will do a presentation at the hearing to talk about what the department does. Councilors agreed that would be helpful.
Salaries
Councilor Donovan asked about the council salaries and the practice of paying $35 per meeting but only the regular meeting, to include special meetings. Ms. Patrick noted that she is following the ordinance. She questioned whether Council members would be amenable to being paid once per year and the consensus was to pay once per year. Councilor Lafleur asked that attendance be tracked.
Gambling Bill
Mayor Bertrand indicated that he received correspondence from Senator Gallus regarding a casino bill; he wants to know where the Council stands on supporting the bill.
Announcements
Mayor Bertrand announced that the biomass plant proposed for Groveton has been pulled from the cue.
He further announced that Fraser Papers is going to shut down 2 of the 4 active paper machines in April.
Easy Taxi
Mr. MacQueen stated that, short of action to renew, the license is lapsed and the taxi business is out of business. If something were to happen with this service, it is likely that the city would be held liable for not enforcing the ordinance.
There was some concern about offering the service in the city and Councilor Remillard voiced that he should be encouraged to continue his business. Councilor Goudreau added that it is imperative that the business be properly licensed since there is a liability issue. Councilor Donovan moved to send Gilbert Garry Scott of Easy Taxi a certified letter telling him he is in non compliance and copy to the police department; Councilor Goudreau seconded and the motion carried.
Councilor Lafleur moved to adjourn; Councilor Remillard seconded and the motion carried. The meeting ended at 10:00 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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