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City Council Minutes 09/19/2011 Work Session
Work Session
September 19, 2011

Present were:  Mayor Grenier, Councilors Otis, Remillard, Ducharme, McCue, Evans, Rozek, Nelson and Théberge.

Others present included:  Pamela Laflamme, media and public

Mayor Grenier opened the meeting at 6:30
There was no objection to adding an explanation of federal law regarding prisons and census to the work session agenda

Primex Property Liability Proposed Cap
Mr. MacQueen explained the dilemma of whether to go out to bid for property liability insurance when our current provider is offering a 5% discount for a 3 year commitment and the assurance that they will not raise the rates by more than 7% yearly.  We pay approximately $175,000 for city and school.  The alternative is that we go out to bid in a market where there are only two providers, Primex and the Local Government Center (LGC).  

Mayor Grenier noted that the City may benefit by bundling insurances including health and liability.  He suggested a two year agreement that would end in 2014 in conjunction with labor agreements where changes to the health insurance could occur.   This would protect the city against increases and leave options open as well.  The consensus of the Council was to ask for a two year agreement.

WMRR Memo
Ms. Laflamme explained that last year the White Mountain Ridge Runners asked the City to be their fiscal agent so that they could receive grant money for trail improvements.  The Council gave their approval; however there was not a resolution appropriating the funds and that is Resolution 2011-29 being finalized this evening.  

The WMRR are putting together a second application and a resolution for that (2011-30) is up for first reading.  Their grant is due by the end of the month and they are asking for a formal vote to establish that the City would again agree to be their fiscal agent.  The new grant will be used to purchase emergency response equipment to rescue hikers, snowmobilers, or ATV riders needing assistance.  It will be used by the local clubs, police and rescue personnel to access remote areas.    

Councilor Remillard asked if there is liability or cost for the City.  Ms. Laflamme responded that the city is simply a pass through for the money; in kind is provided by the Ridge Runners.  She added that there is minimal effort on the city’s part.  Mayor Grenier confirmed that a vote from the City Council at this time would be sufficient followed by the resolution that will follow its normal course.  

Councilor Rozek moved that the City serve as the fiscal agent of the White Mountain Ridge Runners in their grant application to the Neil and Louise Tillotson Fund of the NH Charitable Foundation; Councilor Nelson seconded and the motion carried.  

Capital Carry Over Resolution
Mr. MacQueen reported that every year a similar resolution comes to the Council to bring forward incomplete capital projects from the previous year.  Unexpended items in the bond are also listed.  Mayor Grenier questioned $12,000 for the men’s bathroom at the police department stating that the project has been around for a few years.  Mr. MacQueen indicated that he is inclined to support the project for one more year.  

Mayor Grenier asked why bridge inspection repair is in the bond and Mr. MacQueen noted that is the work done to the 12th Street Bridge.  Councilor Rozek asked for an update on the wear that is occurring on the bridge.  Mr. MacQueen said that the last report talked about 4 alternatives, and the one that seemed to fit best is to continue the normal maintenance including sealing.  City loaders responsible for winter plowing are being looked at and may be fitted with polymer edges rather than steel.  It seems that the damage may be caused by chains or blades coming around the corner.

Councilor Remillard asked what is happening with the proposed salt shed and Mr. MacQueen reported that the original design created a salt shed too small for Public Works’ use.  Mike Perreault is working on compiling funds from the salt shed money and PW garage improvements.  Mr. MacQueen indicated that he did not know if the salt shed would be constructed prior to this year’s winter.  

Councilor Nelson asked about Hutchins Street alignment and whether there are matching funds from the State.  Mr. MacQueen replied that there is $800,000 from Senator Shaheen; however the project is $2.25 million and it is a City project with no State funding.  

Councilor Evans asked what would happen if the Council voted against re-appropriating these projects.  Mr. MacQueen explained that the money for the projects would go back into the general fund with the exception of the bonded capital projects.  Mayor Grenier confirmed that not all the money has been drawn down from the bond and the City is paying back only on the amount spent so far.  Mr. MacQueen added that this is not a typical bond and we don’t need to draw down the money unless we do the project; so far $1,650,000. has been drawn down.  

Request for Laura Lee Botanical Garden.
Mr. MacQueen explained that the Council gave the park the name Laura Lee Viger Community Garden and it is being requested that the name actually be Laura Lee Viger Botanical Garden.  He added that the ledge at the park could be engraved with the name at a cost of $756.   Councilor Remillard asked what the difference in cost would be compared to a sign.  It was determined that a sign could likely be bought for less but this is a permanent marker.  

Councilor Nelson moved to accept the Laura Lee Viger Botanical Garden name and to expend not more than $800 from Council Contingency for engraving the ledge; Councilor Remillard seconded and the motion carried.  

Communication from Sinibaldis’ Restaurant
Mayor Grenier noted that the letter from Roxanne and Gary Bilodeau of Sinibaldi’s Restaurant, regarding a proposed ordinance that would change two hour parking to parking with no limit, would be read into the record during Public Comments.  

Councilor Evans explained that the current regulation of two hour parking does not have a sign. He said that the proposed ordinance before the Council for final passage would remove limited parking there altogether.  Since the area did not have a sign and the limited parking was not enforced, the Safety Committee recommended removing the two hour parking and making it unlimited parking.  

Since the recommendation, the most affected resident on the street wants the two hour parking limit to remain and the business has come out supporting the change to unlimited parking.  Councilor Remillard commented that she has spoken with the building’s owner and its long time tenant who wants the 2 hour parking space.   Councilor Evans clarified that this two hour parking is in place for only one block from Champlain to Burgess.  Councilor Ducharme confirmed that the business has ample parking.  Councilor Théberge commented that he has never seen evidence of two hour parking there in his 41 years of living on east side.  He said this will cause more hardship and it would be best left alone.  

Councilor Rozek affirmed that if there were a sign, the tenant would have to come out every two hours and move their car. Anyone else can also park there.  Councilor McCue noted that the ordinance is to eliminate parking which is how the space has been treated.  Councilor Remillard voiced that the information from the tenant is that employees from the restaurant park indefinitely and it creates a blind drive.  Councilor Rozek stated that he is pro business; however there have been no signs there or enforcement.   Councilor Otis said that other businesses in residential areas could face neighbors asking for timed parking near their house, based on this ordinance.  

Mayor Grenier commented that no matter how the vote comes out, the business should be contacted asking them to have their employees park in the parking lots instead of in the street.   

Census and Prisons Law
Ms. Laflamme explained that there is a 242 page document that explains that prisons have to be counted.  The community could do its own census for the city; however we would have to hire a company at a cost of thousands of dollars.   She reported that next week she and the City Clerk will have both options for redistricting available for Council’s review with voter counts.

Councilor Rozek questioned whether there is a specific law with the wording pertaining to prisoners and census and Ms. Laflamme handed out information that refers to repeated case law.  Mayor Grenier suggested that Ms. Laflamme gather information from other communities such as Dannemora, NY and local communities such as Manchester, Dover, and Goffstown who have prisons in their boundaries.  
  
Mayor Grenier commented that we should be trying to minimize the impact of redistricting on voting citizens because prisons are in the community.   This is an unintended consequence.  Councilor Rozek suggested that if a prison has 500 people that are all felons, the ward they live in should be allowed to run over in census numbers by the prison population.  Mayor Grenier indicated that there is not much time before the next election.   

Mayor Grenier said that the permanent fix is a charter commission that could review consolidating wards.  The process is that the voters are asked if they want a Charter Commission in a ballot question and they are asked to vote on candidates that are listed.  The City Council appropriates money for them to do their work on the administrative rules of the City as well as the City Charter.  The last accepted change to the charter was in 1993 and it provided for an elected school board rather than an appointed school board.

Non-Public Session
Councilor Nelson moved to go into non-public session per RSA 91-A (a) The dismissal, promotion or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against him, unless the employee affected (1) has a right to a meeting and (2) requests that the meeting be open, in which case the request shall be granted; Councilor Otis seconded and the motion carried unanimously by roll call.

Councilor Nelson moved to come out of non-public session; Councilor Otis seconded and the motion carried unanimously by roll call.

Councilor Nelson moved to seal the minutes as divulgence of the information likely would affect adversely the reputation of any person other than a member of the body or agency itself, or render the proposed action ineffective; Councilor Otis seconded and the motion carried unanimously by roll call.  

There being no further business in the work session, the Mayor moved on to the Public Hearing.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant