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A regular meeting of the Keene City Council was held Thursday, March 15, 2012. The Honorable Mayor Kendall W. Lane called the meeting to order at 7:00 PM. Roll called: Terry M. Clark, Philip Dale Pregent, James P. Duffy, June M. Donegan, Carl B. Jacobs, Janis O. Manwaring, Thomas F. Powers, David C. Richards, Bettina A. Chadbourne, Mitchell H. Greenwald, Ruth R. Venezia, David R. Meader, and Philip M. Jones were present. Councilors Charles H. Redfern and Kris E. Roberts were absent. The Mayor led the Pledge of Allegiance. A motion made by Councilor Jones to accept the minutes from March 1, 2012 was duly seconded. The motion passed with a unanimous vote.
MAYOR’S COMMENTS
Mayor Lane stated that there will be a City Council Workshop on Fiscal Policies on Thursday, March 22, 2012 at 6:00 PM. The Finance, Organization and Personnel Committee meeting will hold their regular meeting immediately after the workshop. The Mayor encouraged all Councilors to attend.
PROCLAMATION- FRIENDS OF THE KEENE PUBLIC LIBRARY
The Mayor recognized the President of the Friends of the Keene Public Library, Mr. Don Wilmeth, and asked him to come forward. The Mayor stated that every year a book sale is held by the Friends of the Keene Public Library, and the funds are given to the Library. The Mayor read the proclamation, and declared Friday, March 30 and Saturday March 31, 2012 as Friends of the Keene Public Library Days.
RETIREMENT RESOLUTION- MARTHA M. LANDRY
The Mayor called Finance Director Martha M. Landry forward. The Mayor read the Resolution which detailed Ms. Landry’s career with the City of Keene. Ms. Landry has been with the City of Keene since 1986, and has risen through the ranks by her dedication and hard work. The Mayor presented Ms. Landry with the Resolution. He continued that Ms. Landry has been inducted into the Quarter Century Club for her over 25 years of service to the City of Keene. Ms. Landry thanked the Mayor, Manager, City Staff and her family for all their support over the years.
NOMINATIONS
The following nominations to City Boards and Commissions were submitted by the Mayor: Brian Mattson as a regular member to the Trustees of Trust Funds and Cemetery Trustees with a term to expire December 31, 2014, Peter Thomas as a regular member to the Juvenile Conference Committee with a term to expire December 31, 2014, and Rebecca Landry as staff representative to the Planning Board with a term to expire December 31, 2014. The confirmations will occur at the next regular meeting.
COMMUNICATION- THE STARVING ARTIST- REQUEST TO SERVE ALCOHOL- HEBERTON HALL
A communication was received from Laina Barakat of the Starving Artist requesting permission to serve alcohol at Heberton Hall on May 19, 2012 from 7:00 PM until 11:00 PM. The communication was referred to the Planning, Licenses and Development Committee.
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COMMUNICATION- CHESHIRE COUNTY DEMOCRATIC COMMITTEE- REQUEST TO SERVE ALCOHOL- HEBERTON HALL
A communication was received from Terry Clark representing the Cheshire County Democratic Committee, requesting permission to serve alcohol at Heberton Hall on May 26, 2012 from 6:00 PM until Midnight. The communication was referred to the Planning, Licenses and Development Committee.
COMMUNICATION- LIFE IS SWEET- SIDEWALK OBSTRUCTION
A communication was received from Tracy Keating, owner of Life is Sweet requesting permission for a Sidewalk Obstruction License to use the area in front of the Colonial Theatre. The communication was referred to the Planning, Licenses and Development Committee.
COMMUNICATION- PEDRAZA’S MEXICAN RESTAURANT- SIDEWALK CAFÉ EXPANSION
A communication was received from Dorrie O’Meara, owner of Pedraza’s Mexican Restaurant requesting to add 3 tables to her sidewalk café license and expand the café onto property in front of the Keene Chamber of Commerce. The communication was referred to the Planning, Licenses and Development Committee.
COMMUNICATION- PETITION- SIDEWALK/CURBING IMPROVEMENTS ON BEAVER STREET
A petition was received from Howard Robertson of 63 Beaver Street containing 32 signatures, requesting sidewalk and curbing improvements on Beaver Street. The petition was referred to the Municipal Services, Facilities and Infrastructure Committee.
MSFI REPORT- CLARK DEXTER/PATHWAYS FOR KEENE – IMPLEMENTATION OF JONATHAN DANIELS TRAIL PHASE II
Municipal Services, Facilities, and Infrastructure Committee report read recommending that the communication from Pathways for Keene regarding the implementation of the Jonathan Daniels Trail Phase II be referred to the Bicycle and Pedestrian Path Advisory Committee for review and input. A motion by Councilor Duffy to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
MSFI REPORT- AIRPORT DIRECTOR – POTENTIAL HAZARDS TO AIR TRAVEL
Municipal Services, Facilities, and Infrastructure Committee report read recommending the memorandum regarding potential hazards to air travel be accepted as informational. A motion by Councilor Duffy to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
MSFI REPORT- PUBLIC WORKS DIRECTOR – BRADFORD ROAD TRAFFIC CONCERNS – FOLLOW-UP
Municipal Services, Facilities, and Infrastructure Committee report read recommending the reallocation of $47,212 from the Avon Street Sidewalk Repair, 90235 for a preliminary design
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and property acquisition for a new sidewalk on Bradford Road through the FY2013 Operating Budget process. A motion by Councilor Duffy to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
MSFI REPORT- CITY CLERK – SIGNIFICANT ITEMS OF LEGISLATION
Municipal Services, Facilities, and Infrastructure Committee report read recommending endorsement of the staff’s recommendations on significant items of legislation as identified in the memorandum. A motion by Councilor Duffy to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
PLD REPORT- CITY CLERK - SIGNIFICANT ITEMS OF LEGISLATION
Planning, Licenses, and Development Committee report read recommending endorsement of the staff’s support of House Bill 137. A motion by Councilor Jones to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- CITY CLERK - SIGNIFICANT ITEMS OF LEGISLATION
Finance, Organization and Personnel Committee report read recommending endorsement of the staff’s recommendations as identified in the memorandum and clarifying that the staff’s position is to support SB 228. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
PLD REPORT- CINDY RODENHAUSER STEWART – REQUEST TO SERVE ALCOHOL AT HEBERTON HALL
Planning, Licenses, and Development Committee report read recommending the City Council grant permission to Cindy Rodenhauser Stewart to serve alcohol on City property located at Heberton Hall on Friday, April 13, 2012, in conjunction with a private function and subject to the following conditions: (1) That the petitioner sign the standard Revocable License and Indemnification Agreement; and (2) Obtain all necessary permits and licenses and comply with all laws; and (3) Submit a certificate of liability insurance in the amount of $1,000,000 naming the City of Keene as an additional insured; and (4) That all alcohol be dispensed by a licensed caterer or in accordance with the terms and conditions of a one-day license issued by the NH Liquor Commission. A motion by Councilor Jones to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
PLD REPORT- AMANDA MAURMANN/FARMERS MARKET OF KEENE – REQUEST TO USE CITY PROPERTY
Planning, Licenses, and Development Committee report read recommending the City Council grant permission to the Farmer’s Market of Keene to use fifty parking spaces adjacent to the skate park in the Commercial Street parking lot on Tuesdays and Saturdays from May 1, 2012 to October 31, 2012 subject to the signing of a revocable license and indemnification agreement; the receipt of a total rental fee of $1,500.00 (payable on the first day of every month at $250.00 per month); receipt of a certificate of liability insurance with the City of Keene listed as an additional insured in the amount of $1,000,000; and obtainment of a City food license from the Health Department. In addition, it is recommended that the Farmer’s Market of Keene be
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allowed to erect sandwich board signs on City property prior to the start of sales, subject to review and approval by City staff with respect to the number and location. This permission is subject to a six-foot clearance being maintained for pedestrian traffic and the signs being removed immediately after the sales have concluded. A motion by Councilor Jones to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
PLD REPORT- SIDEWALK CAFÉ – REQUEST TO SERVE ALCOHOL - RAILROAD TAVERN
Planning, Licenses, and Development Committee report read recommending the City Council suspend the provisions of Resolution R-2002-27 to allow the Railroad Tavern to place tables and chairs on the grassed in area immediately east of the pavers for the serving of food and alcohol to patrons at the tables from Sunday through Wednesday from 4:00 p.m. to 8:30 p.m., and Thursday through Sunday, Noon to 8:30 p.m. This license is also subject to the following conditions: that the tables and chairs be removed when Railroad Square is utilized by any community event licensed by the City Council or any event scheduled through the Parks and Recreation Department; that the property be maintained and returned to its original state at the expiration of the license with staff reviewing the condition of the area at the end of the season to determine any needed maintenance; compliance with the requirements of Sections 1191 through 46-1196 of the City Code; the signing of a revocable license and indemnification agreement; and the furnishing of a certificate of liability insurance in the amount of $1,000,000 naming the City of Keene as an additional insured. This license shall expire on March 1, 2013. A motion by Councilor Jones to suspend Section 40 of the Rules of Order which relates to City Council Policies was duly seconded. Councilor Jones noted that this request to use City property is in conflict with Resolution R-2002-27, which does not allow commercial activity to occur in a City Park by a profit making entity. By suspending Section 40 of the Rules, the City Council waives this policy and can vote on allowing this commercial activity to occur adjacent to Railroad Square. On a roll call vote, with 13 Councilors present and voting in favor, the motion to suspend R-2002-27 passed. Councilors Redfern and Roberts were absent. A motion by Councilor Jones to carry out the intent of the report was duly seconded. The motion passed with 13 voting in favor and Councilor Venezia voting in opposition.
PLD REPORT- KEENE CAL RIPKIN BASEBALL ASSOCIATION – USE OF VACANT SPACE
Planning, Licenses and Development Committee report read recommending that the request from the Keene Cal Ripkin Baseball Association be reported out as informational because the request does not comply with Resolution R-2012-06-A: Council Policy Relating to Use of Vacant Space at 350/400 Marlboro Street. A motion by Councilor Jones to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
PLD REPORT- AIRPORT DIRECTOR – REQUEST TO USE CITY PROPERTY – KEENE AVIATION DAYS
Planning, Licenses, and Development Committee report read recommending the City Council authorize the New England Aeronautic Society and Monadnock Aviation to use the Dillant-Hopkins Airport on September 8th and 9th 2012, for the purpose of conducting Keene Aviation Days, subject to the signing of a revocable license and indemnification agreement; submission of
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an insurance certificate in the amount of at least $1,000,000, naming the City as additional insured party, compliance with any requirements established by the City’s Event Protocol Committee, the town of Swanzey, and any other City staff requirements. A motion by Councilor Jones to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
PLD REPORT- SIDEWALK CAFÉ – REQUEST TO SERVE ALCOHOL – MICHELE’S RISTORANTE
Planning, Licenses, and Development Committee read recommending the City Council grant permission to Michele’s Ristorante to serve alcoholic beverages in connection with their Sidewalk Café License, subject to the following conditions: compliance with the requirements of Sections 46-1191 through 46-1196 of the City Code, the furnishing of a certificate of liability insurance in the amount of $1,000,000 naming the City of Keene as an additional insured, and the furnishing of a copy of their current State of New Hampshire liquor license. These licenses shall expire on March 1, 2013. A motion by Councilor Jones to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- FIRE CHIEF- ACCEPTANCE OF DONATIONS- SOPHIE PHILLIPS TRUST Finance, Organization and Personnel Committee report read recommending that the City Manager be authorized to do all things necessary to accept a donation from the Charter Trust Company on behalf of the Sophie Phillips Trust in the amount of $6.61 to be used for Fire Department general use. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- POLICE CHIEF- ACCEPTANCE OF DONATION- CLARENCE DEMAR MARATHON RACE COMMITTEE
Finance, Organization and Personnel Committee report read recommending that the City Manager be authorized to do all things necessary to accept a donation of two hundred and fifty dollars from the Clarence DeMar Marathon Race Committee. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- PARKS, RECREATION AND CEMETERIES DIRECTOR - ACCEPTANCE OF DONATIONS: • SKATE PARK • WHEELOCK PARK • KEENE RECREATION CENTER • DOG PARK • WHEELOCK PARK
Finance, Organization and Personnel Committee report read recommending that the City Manager be authorized to do all things necessary to accept the donations for improvements to the skate park, maintenance of the Franklin O’Neal Memorial Stone in Wheelock Park, creation of a dog park and equipment purchases for Wheelock Park. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- PARKS, RECREATION AND CEMETERIES DIRECTOR - ELIMINATION OF ADVISORY COMMITTEE- BUTTERFLY PARK LOCATED AT 350 MARLBORO STREET
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Finance, Organization and Personnel Committee report read recommending that the City Manager be authorized to do all things necessary to amend the agreement between the City of Keene and Home Healthcare, Hospice, and Community Services to eliminate the creation of an Advisory Committee for the Butterfly Park located at 350 Marlboro Street. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- LINDA MANGONES/CDBG ADMINISTRATOR- CODE OF ETHICS FOR CDBG PROGRAM
Finance, Organization and Personnel Committee report read recommending the adoption of the CDBG Program Code of Ethics. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- CLARK DEXTER/PATHWAYS FOR KEENE, INC. - DONATION FOR ASHUELOT RAIL TRAIL SIGNS
Finance, Organization and Personnel Committee report read recommending the City Manager be authorized to do all things necessary to accept the donation of $1,000 for signs and posts for the Bicycle Pedestrian Path project. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- TAX COLLECTOR- ACCEPTANCE OF PROPERTY- TAX DEED - SULLIVAN CENTER ROAD AND HURRICANE ROAD
Finance, Organization and Personnel Committee report read recommending that the City Manager do all things necessary to dispose of two properties acquired through a tax deed on September 21, 2011: 575 Hurricane Road (tax map number 924-10-034.0000) and 0 Sullivan Center Road (tax map number 910-02-020.0000). A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- PLANNING DIRECTOR- STONE ARCH BRIDGE PRESERVATION PROJECT
Finance, Organization and Personnel Committee report read recommending that the City Manager be authorized to do all things necessary to negotiate and execute a Memorandum of Agreement with the New Hampshire Department of Transportation for the Stone Arch Bridge Restoration Project. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- ASSISTANT PUBLIC WORKS DIRECTOR- WWTP EQUIPMENT - REQUEST FOR PROPOSALS
Finance, Organization and Personnel Committee report read recommending the report from staff be accepted as informational. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
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Finance, Organization and Personnel Committee report read recommending that this item be accepted as informational. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- CAPITAL IMPROVEMENT PROGRAM 2012-2018
Finance, Organization and Personnel Committee report read recommending that the Capital Improvement Program 2012/2013 – 2017/2018 be adopted as amended by this Committee. The amendments are as follows: West Keene Fire Station Study to be split between FY15 and FY16 in an amount of $100,000 for each year. Move the Land Use Code Update project in the amount of $200,000 to FY14. Remove the funding request for the airport electrical upgrade project in the amount of $12,500. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote.
CITY MANAGER COMMENTS
City Manager John MacLean began by thanking the City Council for their efforts in the budget process. The CIP and budget are very important and the Council did an outstanding job. He continued that the efforts of City Staff were also appreciated as well as the work done by Finance Director Martha Landry. Mr. MacLean continued there was a favorable vote at the Second Session concerning Carpenter Field. The City Manager’s Office will be working to coordinate that
property transfer. In closing, Mr. MacLean stated that much of what the Mayor read in Ms. Landry’s Retirement Resolution came from her performance reviews, which shows her growth with the City and how much she is appreciated. There will be a retirement celebration for Martha on March 30, 2012 and details will be forthcoming.
MEMORANDUM & ORDINANCE O-2012-04: RELATING TO THE FIRE PREVENTION CODE
A memorandum was received from the Fire Chief requesting Ordinance O-2012-04 be referred to the Planning, Licenses and Development Committee for their consideration and recommendation. The memorandum was filed into the record. Ordinance O-2012-04: Relating to Fire Prevention Code was read for the first time. The Ordinance was referred to the Planning, Licenses and Development Committee.
MEMORANDUM & ORDINANCE O-2012-06: RELATING TO FIRE ALARMS
A memorandum was received from the Fire Chief requesting Ordinance O-2012-06 be referred to the Municipal Services, Facilities and Infrastructure Committee for their consideration and recommendation. The memorandum was filed into the record. Ordinance O-2012-06: relating to Fire Alarms was read for the first time. The Ordinance was referred to the Municipal Services, Facilities and Infrastructure Committee.
FOP REPORT AND ORDINANCE: O-2012-03: RELATING TO PERPETUAL CARE
Finance, Organization and Personnel Committee report read recommending adoption of Ordinance O-2012-03 Relating to Perpetual Care. The report was filed into the record. Ordinance O-2012-03 was read for the second time. A motion by Councilor Greenwald for adoption of the Ordinance
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was duly seconded. On roll call vote, 13 Councilors were present and voted in favor. Ordinance O-2012-03 declared adopted. Councilors Redfern and Roberts were absent.
FOP REPORT AND RESOLUTION R-2012-03: FURTHER MODIFYING THE DISTRICT BOUNDARIES OF THE WELLS STREET PARKING STRUCTURE AND
INFRASTRUCTURE IMPROVEMENTS - TAX INCREMENT FINANCING DISTRICT Finance, Organization and Personnel Committee report read recommending adoption of Resolution R-2012-03 Further Modifying the District Boundaries of the Wells Street Parking Structure and Infrastructure Improvements Tax Increment Financing District. The report was filed into the record. Resolution R-2012-03 was read for the second time. A motion by Councilor Greenwald for adoption of the Resolution was duly seconded. On showing of hands, 13
Councilors were present and voting in favor. Resolution R-2012-03 declared adopted.
FOP REPORT AND RESOLUTION: R-2012-04: RELATING TO AN APPROPRIATION FOR THE COURTHOUSE PROJECT
Finance, Organization and Personnel Committee report read recommending adoption of
Resolution R-2012-04 Relating to an Appropriation for the Courthouse Project. The report was filed into the record. Resolution R-2012-04 was read for the second time. A motion by Councilor Greenwald for adoption of the Resolution was duly seconded. On roll call vote, 13 Councilors were present and voting in favor. Resolution R-2012-04 declared adopted. Councilors Redfern and Roberts were absent.
NON-PUBLIC SESSION
At 8:05 PM a motion by Councilor Jones to go into non-public session to discuss a personnel matter pursuant to NHRSA 91-A:3 II b was duly seconded. On roll call vote, 13 Councilors were present and voting in favor. Councilors Redfern and Roberts were absent. Bill Prokop, Assistant City Manager and Human Resources Director was invited to remain. A brief recess was called and the session commenced at 8:13 PM. Discussion was limited to the subject matter. At 8:25 PM the session concluded. On motion by Councilor Jones to keep the minutes in non-public session was unanimously adopted.
At 8:26 PM voted unanimously to adjourn for collective bargaining strategy and legal advice.
A true record, attest:
