ROCHESTER CITY COUNCIL MEETING by jToYP7

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									City of Rochester                                        City Council Regular Meeting
Draft                                                                 February 3, 2009
                    ROCHESTER CITY COUNCIL MEETING
                            February 3, 2009
                         COUNCIL CHAMBERS
                                7:00 PM



MEMBERS PRESENT                                        OTHERS PRESENT
Councilor Gerrish                                 City Manager John Scruton
Councilor Grassie                                 Deputy City Manager Brian LeBrun
Councilor Hamann                                  City Attorney Wensley
Councilor Healey                                  Mr. Kenn Ortmann Planning
Councilor Hervey                                  Director
Councilor Keans
Councilor LaBranche
Councilor Lachapelle
Councilor Lauterborn
Councilor Lundborn
Councilor Torr
Councilor Varney
Mayor Larochelle

                                    MINUTES

1] CALL TO ORDER

  Mayor Larochelle called the Regular City Council Meeting to order at 7:00
PM.

2] PLEDGE OF ALLEGIANCE

    Mayor Larochelle led the recitation of the Pledge of Allegiance.

3] OPENING PRAYER

    Mayor Larochelle called for a moment of silence in honor of world peace.

4] ROLL CALL

     Deputy City Clerk Sheryl Eisenberg took roll call. All Councilors were
present.

5] ACCEPTANCE OF MINUTES

     a] January 6, 2009 Regular City Council Meeting




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    Councilor Lundborn MOVED to accept the minutes of the January 6, 2009,
Regular Council Meeting. Councilor Healey seconded the motion. The MOTION
CARRIED by unanimous voice vote.

     b] Joint Meeting/Mayor’s Retreat – January 10, 2009

     Mayor Larochelle stated that these minutes did not require Council approval.

6] COMMUNICATIONS FROM THE MAYOR

     a] Presentation to Bob Mulcahy for Service to the City through the REDC

     Mayor Larochelle invited Mr. Bob Mulcahy to join him on the platform for a
presentation. Mayor Larochelle thanked Mr. Mulchahy for his many years of
service to the City on the Rochester Economic Development Commission. He
lauded him for his many contributions to the community. Mayor Larochelle
presented Mr. Mulcahy with a plaque and a Certificate of Appreciation.

     b] Proclamation for Northern Strafford County Health and Safety Council

     Mayor Larochelle read the Proclamation for the Northern Strafford County
Health and Safety Council.

7] COMMUNICATIONS FROM THE CITY MANAGER

     a] Employees of the Month

     City Manager Scruton read a portion of the nomination letter written by
Director Christopher Bowlen, Recreation, Arena and Youth Services Department,
regarding the outstanding efforts made by the Recreation and Arena staff when
putting the ice into the Arena in September. He explained the unfortunate
situation that led to the ice melting. This meant the arena had to be cleaned and
the entire process had to be redone with a very short deadline. City Manager
Scruton called each staff member to the platform individually to present the
Employees of the Month Award to them in the following order: Steve Trepanier,
Ann May, Sarah Ward, Brinn Chute, Art Jacobs, Chris Bowlen, Ryan Trepanier,
Steve Butler, Kevin Rillovick, Guy Poisson, and Michael Drolet.

     b] Employee Recognition

     City Manager Scruton recognized Deputy City Clerk Sheryl Eisenberg for
achieving certification as a Certified Municipal Clerk (CMC) through the
International Association of Municipal Clerks. He also recognized Mr. Tim Robare
for attaining Level 1 of the Roads Scholar program. City Manager Scruton
welcomed Mr. Derek Frentzen as the camera operator for Council meetings.




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     c] City Manager’s Report

             City Manager’s Vacation Carryover – 2 Days

    City Manager Scruton requested authorization to carry over two days of
vacation time into the next month. Councilor Lundborn questioned if other
employees are permitted to carry over vacation days upon request. City Manager
Scruton replied that they are permitted to do so. Council did not object to the City
Manager carrying over the two days of vacation time.

             Starting the Process for Changing the Names of Pine Lane and
              Furber Street

    City Manager Scruton stated the E 911 Committee would like to begin the
process of renaming Pine Lane and Furber Street. If approved, the Committee
would meet with the residents of the two streets to develop alternate naming
options. A public hearing would then be held on the options and the Council
would make the final decision. Council gave unanimous consent to beginning the
process.

             Request Washington Street Project Proceed to Bid

     City Manager Scruton requested Council authorization to put the Washington
Street Project out to bid. This would allow the City to obtain an idea of the costs
for the project. The process would bring the issue back to Council for approval. It
is estimated that the Project would only add about 5¢ to the water rate. He added
that he believes the estimate given by CLD was high.

    Councilor Torr said he would vote against this request. He urged Council to
delay this Project for three years. He recommended cold planing and paving the
street in the interim time period.

    City Manager Scruton explained the Project would not affect the tax rate this
year. It would have a minor affect on the tax rate. The impact to the tax rate
would be felt in 2011. He added the cost of cold planning the road is
approximately $100,000. The road would be dug up again for the Project in three
years.

    Councilor Torr MOVED to delay the Project for three years. Councilor Keans
seconded the motion.

     Councilor Varney reminded Council it had already voted to delay this Project
until 2011. He spoke against requesting construction firms to invest the time and
effort to create a bid on a project that stands little chance of actually being
awarded at this time. He recalled the City’s bond consultants had advised that
the City should borrow money when it begins projects, not delaying the bonding


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until mid- or post- project. Would the City be borrowing the money for the Project
this year, if the Project were begun this year? City Manager Scruton answered
the money would have to be borrowed within eighteen months of the Project
being started. It is most likely the borrowing would happen a year from now, with
the first payments due in FY 2011.

     Councilor Varney recalled there was discussion about finding the
approximately $100,000 for the cold planing and paving of the street within the
existing budget. City Manager Scruton replied there is money approved for
bonding that has not been expended. He recommended Council not do a project
with a life expectancy of three years, using ten-year bonded money. Councilor
Varney replied that he was not speaking about bonded money. He was referring
to other monies that might have been de-authorized from other projects and cash
funds.

    Councilor Varney asked what is the average life expectancy of a road that
has been cold planed and paved. Councilor Torr replied that it would only take
one bad winter to ruin the road.

    Councilor Lundborn clarified that Council is only discussing giving permission
to put the Project out to bid. There is no expenditure of funds happening at this
time. He requested Council remember the residents along Washington Street
and that they have been promised the road project would be done for a long
time. The City has to keep its promises.

     Mayor Larochelle inquired if this project would be eligible for federal funding
as part of infrastructure improvements. City Manager Scruton replied that is
unlikely that the paving portion of the funds would come to the City. Most of that
money would be directed to the State level. It is expected that some funding for
water and wastewater projects would come down to the community level. He
gave a brief explanation of two other, higher priority projects for the City.

    Councilor Torr MOVED to delay putting this Project out to bid for one year.
Councilor Gerrish seconded the motion. The MOTION CARRIED by unanimous
voice vote.

     Councilor Varney MOVED to cold plane and pave Washington Street this
year. City Manager Scruton stated the City has to find the money for the project.
Councilor Torr commented there should be money left over from the Salt Shed
Project. City Manager Scruton questioned if Council was directing that the cold
planing and paving of Washington Street is the highest priority. Several
Councilors answered no. Mayor Larochelle requested this issue be sent to the
Public Works Committee. Councilor Varney WITHDREW his motion. He added
that he would like the City Manager to find the $100,000 in the existing budget.
Mayor Larochelle stated that Council should establish a priority list of projects for
any funding that might be available.



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    Planning/Codes Software

    Councilor Varney inquired about the Planning and Codes Software program.
City Manager Scruton advised the software costs between $150,000 to
$160,000. It is a capital item that was approved several years ago.

    Neighborhood Stabilization Project

     Councilor Varney requested more information about the Neighborhood
Stabilization Project. Mr. Ortmann, Planning Director, advised a pre-application
has been submitted to the State. The formal application has not been received
yet. Councilor Varney advised that he would prefer the City not be involved with
the administration of this program. Mayor Larochelle explained the Community
Development Committee had discussed this matter at length. It is an issue of
control.

    Waste Management Services on Snow Days

    Council briefly discussed the use of the Reverse 911 system to advise
residents that trash collection by Waste Management would be delayed due to
snow days. City Manager Scruton said the administration would look into using
the Reverse 911 system for this purpose. There had been complaints when it
was used previously. A Sense of Council showed six Councilors voting in favor of
using the system to notify residents and three voting against using it. Councilor
Lachapelle recused himself from the vote.

     Mayor Larochelle questioned if residents could opt out of the Reverse 911
notifications. City Manager Scruton advised if the resident opts out for the trash
collection notifications, he/she would also be opting out of all other Reverse 911
notifications, including emergencies.

    Councilor Lundborn reminded residents of Wards Four, Five and Six that
some had received cards advising them their trash collection day would change
effective on February 4, 2009.

8] PRESENTATION OF PETITIONS AND COUNCIL CORRESPONDENCE

    No discussion

9] NOMINATIONS, APPOINTMENTS, RESIGNATIONS AND ELECTIONS

     a] Appointment – Chief Norman Sanborn, Jr. – Licensing Board

    Mayor Larochelle NOMINATED Chief Norman Sanborn, Jr. for the Licensing
Board. Councilor Lundborn seconded the nomination. Councilor Lundborn MOVED



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 the nominations cease and the Clerk cast one ballot for Norman Sanborn Jr. for the
 Licensing Board. Councilor Lachapelle seconded the motion. The MOTION
 CARRIED by unanimous voice vote.

      b] Appointment – Richard Giguere - Deputy Emergency Management
 Director

      Mayor Larochelle NOMINATED Richard Giguere for the position of Deputy
 Emergency Management Director. Councilor Lachapelle seconded the nomination.
 Councilor Lundborn MOVED nominations cease and the Clerk cast one ballot for
 Richard Giguere for the position of Deputy Emergency Management Director.
 Councilor Gerrish seconded the motion. The MOTION CARRIED by unanimous
 voice vote.

      c] Resignation – Alan Dews, Planning Board

      Mayor Larochelle MOVED to have the City Clerk send a letter of regret and
 thank Mr. Dews for his service on the Planning Board. Councilor Lachapelle
 seconded the motion. The MOTION CARRIED by unanimous voice vote.

10] REPORTS OF COMMITTEES

      a] Appointments Committee – January 27, 2009

      Councilor Lauterborn said the Appointments Committee recommended Alan
 Davis to the Rochester Economic Development Commission with a term to
 expire January 2, 2012. Mayor Larochelle NOMINATED Alan Davis to fill the
 vacant position on the REDC, term to expire 2012. Councilor Lundborn seconded
 the nomination. Councilor Lundborn MOVED nominations cease and the Clerk
 cast one ballot for Alan Davis. Councilor Grassie seconded the motion. The
 MOTION CARRIED by unanimous voice vote.

      Councilor Lauterborn stated the Appointments Committee recommended
 Martha Wingate to the vacant alternate position on the Historic District
 Commission with a term to expire January 2, 2011. Mayor Larochelle
 NOMINATED Martha Wingate to the vacant HDC alternate position, term to
 expire 2011. Councilor Healey seconded the motion. Councilor Lundborn
 MOVED nominations cease and the Clerk cast one ballot for Martha Wingate.
 Councilor Lachapelle seconded the motion. The MOTION CARRIED by
 unanimous voice vote.

     Councilor Lauterborn said the Appointments Committee recommended
 Meredith Lineweber to be reappointed to the Conservation Commission with a
 term to expire January 2, 2012. Mayor Larochelle NOMINATED Meredith
 Lineweber to be reappointed to the Conservation Commission, term to expire in
 2012. Councilor Lachapelle seconded the nomination. Councilor Lundborn



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MOVED nominations cease and the Clerk cast one ballot for Meredith
Lineweber. Councilor Grassie seconded the motion. The MOTION CARRIED by
unanimous voice vote.

     Councilor Lauterborn said the Appointments Committee recommended
appointing David Ouellette to the Trustees of the Trust Funds seat he filled after
a mid-term vacancy occurred, with a term to expire January 2, 2012. Mayor
Larochelle NOMINATED David Ouellette to be appointed to the Trustees of the
Trust Funds, term to expire in 2012. Councilor Healey seconded the nomination.
Councilor Lundborn MOVED nominations cease and the Clerk cast one ballot for
David Ouellette. Councilor Lachapelle seconded the motion. The MOTION
CARRIED by unanimous voice vote.

     Councilor Lauterborn advised the Appointments Committee recommended
Derek Peters be appointed to the vacant position on the Planning Board with a
term to expire January 2, 2011. Mayor Larochelle NOMINATED Derek Peters to
be appointed to the vacant position on the Planning Board, term to expire in
2011. Councilor Hamann seconded the nomination. Councilor Lundborn MOVED
nominations cease and the Clerk cast one ballot for Derek Peters. Councilor
Healey seconded the motion. The MOTION CARRIED by unanimous voice vote.

     b] Finance Committee - January 12, 2009

     Mayor Larochelle stated there were no action items.

     c] Public Safety Committee – January 21, 2009

    Councilor Healey said the No Through Traffic sign on Pine Lane would be
moved closer to the entrance to the street.

    Councilor Healey mentioned there was an issue with snow removal near
Sanel Auto Parts. City Manager Scruton explained the City is limited in how
much snow it can remove from the downtown. He advised the Public Works
Department recognizes there is a snow issue at this site and will work on a
means to alleviate the problem.

     Councilor Healey requested the City Manager comment regarding the
clearing [of snow] from hydrants. City Manager Scruton said the Department of
Public Works goes around to clear hydrants when it can. This is not part of the
regular snowplowing route. Sometimes, the fire department assists with this task
after a snowstorm. He stated the City has ordered more markers for the
hydrants. He noted that there had been some discussion with the School
Department about refraining from having their plows bury hydrants.




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    Councilor Healey MOVED to deny a street light request for Salmon Falls
Road. Councilor Keans seconded the motion. The MOTION CARRIED by
unanimous voice vote.

     City Manager Scruton said there is some discussion about revising the
street light policy to decrease the number of streetlights in the City and thereby
save money for the City. The focus would be on intersections and the downtown.
Councilor Healey agreed that the Public Safety Committee is researching this
option.

      Councilor Varney said there are streetlights that are positioned over private
parking lots. He added that he believes the City is paying for those. He offered to
give the locations of those streetlights to the City Manager later.

     Councilor Varney questioned the need for beeping traffic lights. Councilor
Healey advised these are necessary for blind pedestrian. City Manager Scruton
said this is an ADA issue. Councilor Healey commented that this is not currently
mandated by the State, but it could be soon. It is something the Committee is
looking into.

     d] Public Works & Buildings Committee – January 15, 2009

      Councilor Torr said Item 3 from the report, Brock Street, had been stopped
after the engineering was completed. Item 4, the water tower project has been
put off indefinitely. City Manager Scruton mentioned the City would continue to
try to acquire easements.

      Councilor Torr asked Councilor Varney if another extension had been
requested to the Planning Board at its meeting the previous evening. Councilor
Varney answered that the individual had not attended the meeting. Councilor
Varney explained the owner is not asking for an extension. The timetable for the
precedent conditions is September of 2009. He is requesting to break the project
into pieces that he can better handle. Councilor Torr questioned if the owner was
ready to commit 50% for the tower. Councilor Varney replied that there are no
approved plans yet.

     Councilor Torr said that the City Manager recommended cutting off the
water line along the Spaulding Turnpike. There are three other lines that feed the
East Rochester area. Those three are adequate to carry the necessary water.

     Councilor Torr advised DES must approve changes to the water and sewer
ordinances so this item is being held in Committee.

     Councilor Varney requested a final report on the East Rochester INI project.
Councilor Torr said the only piece of that project is the outfall on Boston Felt. City
Attorney Wensley advised that the easement has been signed. Councilor Torr



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 questioned if there was still an on-going cost. City Manager Scruton replied yes.
 He added that a new outfall would have to be done. The final figures are
 available with the exception of some small costs.

11] OLD BUSINESS

       a] Authorization to Close Factory Court to Traffic

      Councilor Varney MOVED to read the resolution by title only for the first
time. Councilor Lachapelle seconded the motion. The MOTION CARRIED by
unanimous voice vote. Mayor Larochelle read the resolution by title only as follows:

                     RESOLUTION AUTHORIZING CLOSURE
                          OF FACTORY COURT TO
                       REGULAR VEHICULAR TRAFFIC

BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
ROCHESTER, AS FOLLOWS:

       That the City Manager and/or his nominee(s) be, and hereby are,
authorized, through the sue of signs and/or barriers or other appropriate means, to
close so-called Factory Court, to regular vehicular traffic, and to utilize the area of
said Factory Court for pedestrian access and other activities, including access and
egress for delivery and similar vehicular purposes. The aforesaid closure of
Factory Court to regular vehicular traffic shall continue in effect until further action
of the Rochester City Council.

       Councilor Varney MOVED to adopt the resolution. Councilor Healey
seconded the motion. Councilor Lundborn MOVED TO AMEND the resolution to
deny the expenditure of any City funds on the project. Councilor Torr seconded the
motion. Mayor Larochelle ruled that the amendment was not germane to the
question. The MAIN MOTION CARRIED by a show-of-hands vote of 10 to 3.
Councilors Gerrish, Lundborn and Torr voted against the motion.

       b] Supplemental Appropriation Authorizing Expenditure of CDBG
          Funds for Factory Court Project - 1st, 2nd Reading & Adoption

       Councilor Varney MOVED to read the resolution by title only for the first
time. Councilor Healey seconded the motion. The MOTIO CARRIED by
unanimous voice vote. Mayor Larochelle read the resolution by title only for the first
time as follows:

       RESOLUTION AUTHORIZING SUPPLEMENTAL APPROPRIATION
         OF CDBG JOB FUND REVOLVING LOAN ACCOUNT FUNDS
                       FOR FACTORY COURT




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 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
 ROCHESTER:

         That the sum of Thirty Thousand Dollars ($30,000.00) be, and hereby is,
appropriated as part of the City of Rochester 2008-2009 operating budget, for the
purposes of providing funds necessary to close off Factory Court to regular
vehicular traffic, and to restrict such closed off area to use for pedestrian access
and utilization purposes, and to prepare such area for such use(s) (the account
number(s) necessary to accommodate such transaction to be designated by the
Finance Director). Further, that the sums necessary to fund such appropriation
shall be drawn in their entirety from the unexpended CDBG JOB Loan Revolving
Fund balance.

       Mayor Larochelle noted that $30,000.00 would be used for construction on
this parcel of land.

       Councilor Varney MOVED to adopt the resolution. Councilor Grassie
seconded the motion. Councilor Lundborn stated that during a discussion with the
City Manager earlier in the day, the City Manager had conceded that these CDBG
funds could be used for other things. Councilor Lundborn protested the use of
these funds for this project. The business people who will benefit from the project
should pay for it. He urged Council to seek assistance from Congresswoman Carol
Shea-Porter.

         Mayor Larochelle advised that a second reading is necessary before this
resolution could proceed in the process. Councilor Torr MOVED to read the
resolution by title only for the second time. Councilor Grassie seconded the motion.
The MOTION CARRIED by unanimous voice vote. Mayor Larochelle read the
resolution by title only for the second reading.

      Councilor Grassie MOVED to adopt the resolution. Councilor Keans
seconded the motion. Council discussed the limitations placed on the expenditure
of CDBG funds. Councilor Lundborn argued the money could be used on the
Community Center to draw in renters. The MOTION CARRIED by a roll call vote of
10 to 3. Councilors Hervey, Healey, Varney, Grassie, Lachapelle, LaBranche,
Keans, Lauterborn, Hamann and Mayor Larochelle voted in favor of the motion.
Councilors Torr, Lundborn and Gerrish voted against the motion.

      b] Amendment to Ordinances Regarding Street Frontage

       Councilor Hamann MOVED to read the Amendment by title only for the
second time. Councilor Lachapelle seconded the motion. The MOTION CARRIED
by unanimous voice vote. Mayor Larochelle read the amendment by title only for
the second time as follows:




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 Draft                                                                February 3, 2009
                      AMENDMENT TO ZONING ORDINANCE
                          RELATIVE TO "FRONTAGE"


 THE CITY OF ROCHESTER ORDAINS:

       That Chapter 42 of the General Ordinances of the City of Rochester as
 presently amended, be further amended by adding a new sentence to Section
 42.6(a)(25) thereof, so that said Section 42.6(a)(25) shall read as follows:

 "42.6 Definitions

                                           *     *      *
(25) Frontage. The width of a lot measured along the line of a public street where
the lot meets the right-of way. `Frontage' does not include the Spaulding Turnpike."

      Councilor Varney MOVED to adopt the amendment. Councilor Hamann
seconded the motion.

        Councilor Varney MOVED TO AMEND the amendment. He proposed that
after the words “the width of a lot” the rest of that sentence should be replaced with
“bordering on and providing access to a Class 1 through Class V highway, but
excluding limited access highways, as defined in RSA 230:44, such as the
Spaulding Turnpike, Route 16, and associated access ways to the Milton Town
Line. “ Councilor Hamann seconded the motion.

        Councilor Varney explained this amendment clarifies that the intent is to
prevent the use of the Spaulding Turnpike as frontage. The way it was defined
when it came to the Council was inadequate. Mayor Larochelle inquired of the City
Attorney if this was a significant enough change to cause a second public hearing
to be held on this amendment. City Attorney Wensley replied the extension in the
definition to extend the restriction the Milton Town line is not enough to cause
another public hearing.

       Council had a lengthy discussion regarding how this amendment would
affect Class VI roads with frontage along Route 16. City Attorney Wensley
explained that this amendment provides no definition for what is frontage along
Class VI roads. Councilor Grassie explained that under New Hampshire zoning
regulations, if an issue is not addressed, that issue is not allowed. Therefore, this
eliminates the possibility of frontage along a Class VI road. Councilor Varney
recalled that some of the initial wording of the amendment included Class VI roads.
That was deleted on the recommendation of the administration.

      Councilor Lundborn questioned if this amendment had come from the
Planning Board. Councilor Varney replied yes. Councilor Lundborn suggested
sending it back to the Planning Board with the amendment. Councilor Healey



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advised that the Planning Board discussed this amendment and decided to let the
City Council handle the issue.

        City Manager Scruton suggested returning to the use of the term “public
street.” The sentence would read “….bordering on and providing access to a public
street, but excluding limited access highways…” This excludes limited access
highways. City Attorney Wensley agreed that change would eliminate the
ambiguity as to the status of Class VI roads, but it would still get to the intent of the
amendment.

      Councilor Healey MOVED to AMEND THE AMENDMENT by replacing
“Class I through Class V highways” with “public street.” Councilor Varney
seconded the motion. The MOTION TO AMEND THE AMENDMENT CARRIED by
a unanimous voice vote.

      Mayor Larochelle called the question on the first amendment to the
amendment. The MOTION TO AMEND THE AMENDMENT CARRIED by a
unanimous voice vote.

      Mayor Larochelle called the question on the original motion to amend the
Zoning Ordinances Relative to Frontage. The MOTION CARRIED as amended by
a unanimous roll call vote. Councilors Healey, Lachapelle, Hervey, Gerrish,
Varney, Hamann, Torr, Keans, Lauterborn, Grassie, Lundborn, LaBranche and
Mayor Larochelle voted in favor of the motion.

12] NEW BUSINESS

      a] Council Endorsement of the Natural Resource Chapter

        Councilor Grassie MOVED to endorse the Natural Resource Chapter of
 the Master Plan. Councilor Healey seconded the motion. Mayor Larochelle
 explained there is a summary to the Chapter. It is a plan to maintain and
 preserve the City’s natural resources.

        Councilor Torr questioned if this would include the required distances from
 the rivers. Mayor Larochelle replied no. Councilor Grassie explained this is a tool
 meant to identify the natural resources that should be protected and preserved. It
 makes recommendations but does not impose regulations. The MOTION
 CARRIED by unanimous voice vote.

      b] Resolution Authorizing City Manager to Sign Lease Agreement with
         Rochester Opera House

     Councilor Varney MOVED to read the resolution by title only for a first
 reading. Councilor Hamann seconded the motion. The MOTION CARRIED by




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unanimous voice vote. Mayor Larochelle read the resolution by title only as
follows:

               RESOLUTION AUTHORIZING CITY MANAGER TO
                    ENTER INTO LEASE AGREEMENT
                REGARDING THE ROCHESTER OPERA HOUSE

BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF ROCHESTER, AS FOLLOWS:

       That the City Manager be, and hereby is, authorized, on behalf of the City
of Rochester (the “City”), to enter into a five-year Lease Agreement (the
“Contract”) with the Rochester Opera House, Inc., with regard to space in the
City Hall known as the Opera House, such Contract to be upon such terms and
conditions as the City Manager deems to be in the best interest of the City of
Rochester. Further, that the City Manager be, and hereby is, authorized to take
all such additional actions as are necessary to effectuate the execution and
implementation of such contract.

     Mayor Larochelle stated this lease protects the rights of the City well. The
City would provide water and sewer, as well as janitorial services outside the
confines of the Opera House. There are no other guarantees. Councilor Torr
asked what this would cost the City. Mayor Larochelle advised it does not require
the City to pay for electricity. Janitorial services that occur inside the Opera
House would be billed to the Opera House.

    Councilor Lundborn requested Council refrain from voting on this issue until
the next Regular City Council meeting. This would allow the public to offer
Council its comments on the proposed lease at the Council Workshop in
February.

    Councilor Keans MOVED to adopt the resolution. Councilor Grassie
seconded the motion. Councilor Lundborn MOVED to table the item until the
March Regular Council meeting. Councilor Lachapelle seconded the motion. The
MOTION FAILED by a show-of-hands vote of 6 to 7.

    There was a brief discussion regarding the length of the proposed lease.
[The lease is for five years.]

     Mayor Larochelle called the question on the original motion to authorize the
City Manager to sign the lease. The MOTION CARRIED by a majority voice vote.
Councilor Lachapelle voted against the motion.

     c] Resolution Accepting Asset Forfeiture ($2,776.66) – Police
       Department




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     City Manager Scruton advised that the correct amount on the resolution
should read $2,776.66. The resolution in the packet reads $2,766.66. Councilor
Lachapelle MOVED to read the resolution by title only for the first reading.
Councilor Hamann seconded the motion. The MOTION CARRIED by unanimous
voice vote. Mayor Larochelle read the resolution by title only as follows:

                     RESOLUTION ACCEPTING ASSET FORFEITURE
                         EQUITABLE SHARING PAYMENT
                    TO THE ROCHESTER POLICE DEPARTMENT
                     FROM THE US DEPARTMENT OF JUSTICE,
                         DRUG ENFORCEMENT AGENCY,
                AND MAKING A SUPPLEMENTAL APPROPRIATION
                         IN CONNECTION THEREWITH


BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF ROCHESTER, AS FOLLOWS:

      That an asset forfeiture Equitable Sharing payment from the U.S.
Department of Justice, Drug Enforcement Agency in the amount of Two
Thousand Seven Hundred Seventy-Six Dollars and Sixty-Six Cents ($2,776.66)
made to the City of Rochester, Police Department as the result of a joint drug
investigation conducted by the DEA and the Rochester Police Department, is
hereby accepted by the City of Rochester, and such donation shall be assigned
to a the 2008-2009 operating budget of the City of Rochester, Police Department
(revenue account to be determined by the Finance Director). Further, that the
sum of Two Thousand Seven Hundred Seventy-Six Dollars and Sixty-Six Cents
($2,776.66) be, and hereby is, appropriated as a supplemental appropriation to
the 2008-2009 operating budget of the City of Rochester, Police Department,
such funds to be used in connection with the expenses related to drug
investigations (account to be determined by the Finance Director). Further, that
the source of the sums necessary to fund such appropriation shall be drawn, in
their entirety, from the aforesaid Equitable Sharing payment from the U.S.
Department of Justice, Drug Enforcement Agency.

      Councilor Lundborn MOVED to suspend the rules and read the resolution
by title only for the second reading. Councilor Lachapelle seconded the motion.
The MOTION CARRIED by unanimous voice vote. Mayor Larochelle read the
resolution by title only for the second time. The MOTION CARRIED by
unanimous voice vote. Mayor Larochelle read the resolution by title only for the
second time.

    Councilor Lundborn MOVED to adopt the resolution. Councilor Lachapelle
seconded the motion. The MOTIN CARRIED by unanimous voice vote.

     d] Resolution Accepting Asset Forfeiture ($2,295.86) – Police
      Department


                                   FY 09 - 140
City of Rochester                                     City Council Regular Meeting
Draft                                                              February 3, 2009


      Councilor Lachapelle MOVED to read the resolution by title only for the fist
reading. Councilor Hamann seconded the motion. The MOTION CARRIED by
unanimous voice vote. Mayor Larochelle read the resolution by title only as
follows:

              RESOLUTION ACCEPTING ASSET FORFEITURE
                    EQUITABLE SHARING PAYMENT
               TO THE ROCHESTER POLICY DEPARTMENT
                FROM THE US DEPARTMENT OF JUSTICE,
                    DRUG ENFORCEMENT AGENCY,
             AND MAKING A SUPPLEMENTAL APPROPRIATION
                     IN CONNECTION THEREWITH

BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF ROCHESTER, AS FOLLOWS:

     That an asset forfeiture Equitable Sharing payment from the U.S.
Department of Justice, Drug Enforcement Agency in the amount of Two
Thousand Two Hundred Ninety-Five Dollars and Eighty-Six Cents ($2,295.86)
made to the City of Rochester, Police Department as the result of a joint drug
investigation conducted by the DEA and the Rochester Police Department, is
hereby accepted by the City of Rochester and such donation shall be assigned to
the 2008-2009 operating budget of the City of Rochester Police Department
(revenue account to be determined by the Finance Director). Further, that the
sum of Two Thousand Two Hundred Ninety-Five Dollars and Eighty-Six Cents
($2,295.86) be, and hereby is, appropriated as a supplemental appropriation to
the 2008-2009 operating budget of the City of Rochester, Police Department,
such funds to be used in connection with the expenses related to drug
investigations (account to be determined by the Finance Director). Further, that
the source of the sums necessary to fund such appropriation shall be drawn, in
their entirety, from the aforesaid Equitable Sharing payment from the U.S.
Department of Justice, Drug Enforcement Agency.

      Councilor Lachapelle MOVED to suspend the rules and read the resolution
by title only for a second reading. Councilor Healey seconded the motion. The
MOTION CARRIED by unanimous voice vote. Mayor Larochelle read the
resolution by title only for the second time.

     Councilor Lachapelle MOVED to adopt the resolution. Councilor Healey
seconded the motion. Councilor Keans requested future resolutions identify the
specific line item account number and/or name. The MOTION CARRIED by
unanimous voice vote.

     e] Resolution Accepting Grant from Timberland Company for Recreation
        Department



                                    FY 09 - 141
City of Rochester                                       City Council Regular Meeting
Draft                                                                February 3, 2009


       Councilor Lachapelle MOVED to read the resolution by title only for the first
reading. Councilor Healey seconded the motion. The MOTION CARRIED by
unanimous voice vote. Mayor Larochelle read the resolution by title only for the
first reading as follows:

                         RESOLUTION ACCEPTING
                     THE TIMBERLAND COMPANY,
                   COMMUNITY INVESTMENT GRANT,
             AND MAKING A SUPPLEMENTAL APPROPRIATION
                     IN CONNECTION THEREWITH


BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF ROCHESTER, AS FOLLOWS:

      That a community investment grant in the amount of Two Hundred Dollars
($200.00) from The Timberland Company, in conjunction with its employee, Patti
Parsons, to the City of Rochester, Rochester Recreation, Arena and Youth
Services Department, for the purpose of paying costs associated with the so-
called Hanson Pines, and such grant funds shall be assigned to an account
established by the Finance Director in the 2008-2009 operating budget of the
Rochester Recreation, Arena and Youth Services Department. Further, that the
sum of Two Hundred Dollars ($200.00) be, and hereby is, appropriated as a
supplemental appropriation to the 2008-2009 operating budget for the City of
Rochester, Rochester Recreation, Arena and Youth Services Department, such
funds to be used for the purpose of paying costs associated with the so-called
Hanson Pines. The source of the sums necessary to fund such appropriation
shall be drawn, in their entirety, from the aforesaid grant to the City of Rochester,
Rochester Recreation, Arena and Youth Services Department from the aforesaid
The Timberland Company community investment grant.

      Councilor Lundborn MOVED to suspend the rules and read the resolution
by title only for the second reading. Councilor Lachapelle seconded the motion.
The MOTION CARRIED by unanimous voice vote. Mayor Larochelle read the
resolution by title only for the second time.

    Councilor Lachapelle MOVED to adopt the resolution. Councilor Healey
seconded the motion.

      Councilor Torr questioned who controls the work that is done in Hanson
Pines. City Manager Scruton answered the Trustees of the Trust Funds have
authority over the Pines. Councilor Torr expressed his concern with the
possibility of extending into unlawful territory. City Manager Scruton explained
this is the third year the Timberland Company has worked with the City to clean
up the Pines through an event called “Servapaloosa.” Councilor Keans



                                     FY 09 - 142
 City of Rochester                                  City Council Regular Meeting
 Draft                                                           February 3, 2009
 commented that the Trustees are not kept well informed as to what is happening
 with these grants. The money should be granted to the Trustees in the future.
 She speculated that the communication between the Recreation Department and
 the Trustees is not good. There should be open, strict and rapid communication
 with the Trustees.

      The MOTION CARRIED by unanimous voice vote. Councilor Keans
 suggested a letter of thanks be sent to the Timberland Company for its service
 and donation, in particular employee Patty Parson. The letter should come from
 the Mayor.

      f] Resolution Adopting Policy Regarding Payment of L.U.C.T.

      City Manager Scruton advised this item should wait until after the Non-
 Public Session. Councilor Lachapelle MOVED to table the item until after the
 Non-Public Session. Councilor Healey seconded the motion. The MOTION
 CARRIED by unanimous voice vote.

13] NON-PUBLIC SESSION

     a] RSA 91A:3 II(a), Personnel

     The Council entered into Non-Public Session under RSA 91A:3 II(a),
 Personnel, by a 13 to 0 roll call vote at 8:35 PM.

      Recess to Non-Meeting

     a] Consultation with Legal Counsel, RSA 91-A:2(c)

     b] Labor Negotiations, RSA 91-A:2(b)

    Councilor LaBranche MOVED to exit the Non-Public Session and seal the
 minutes indefinitely at 9:35 PM. Councilor Healey seconded the motion. The
 MOTION CARRIED by a majority voice vote. Councilor Lundborn voted against
 the motion.

 Resolution Adopting Policy Regarding Payment of L.U.C.T.

   Councilor Hamann MOVED to read the resolution by title only. Councilor
 Keans seconded the motion. The MOTION CARRIED by unanimous voice vote.
 Mayor Larochelle read the resolution by title only as follows:

                    RESOLUTION ADOPTING POLICY
                   REGARDING PAYMENT OF L.U.C.T.
           IN REGARD TO SO-CALLED CLUSTER DEVELOPMENTS




                                     FY 09 - 143
City of Rochester                                       City Council Regular Meeting
Draft                                                                February 3, 2009
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF ROCHESTER, AS FOLLOWS:

       WHEREAS, in its decision in Formula Development Corporation v. Town
of Chester, (N.H. Supreme Court, September 20, 2007), the NH Supreme Court
held that, in cases involving cluster developments involving land subject to
current use assessment, the property is “changed in use”, sufficient to render the
property no longer eligible for current use assessment, occurs at the “...time the
development site is changed in use.” RSA 79-A:7, IV(a); and

        WHEREAS, in its Formula Development decision the Supreme Court ruled
that, in circumstances where open space land in an approved cluster
development was used to meet density requirements for the structures subject to
the cluster development plan, the land in question undergoes a “change in use”
sufficient to disqualify it for continuing current use assessment, “ . . . when an act
of construction [is] performed on the land to begin the development of the
project.” and held that, in the Formula Development case, “(c)onstruction of the
road ....., therefore, constitutes a change in use of the development site” so as to
take the entire tract out of current use; and

       WHEREAS, in its Formula Development decision the Supreme Court
determined that the assessment of the land for Land Use Change Tax (“LUCT”)
purposes was to be established on the date on which the work bringing about the
development site is changed in use, but the Court’s decision provided, in
pertinent part, that “should the town wish to assess the LUCT on each individual
unit separately, our holding today does not preclude it from doing so. However,
should the town assess the LUCT in this manner, each lot must be assessed at
the time road construction began”; and

       WHEREAS, the determination to assess the appropriate LUCT on each
individual unit in a cluster development separately raises numerous difficulties for
the City in the tracking, calculation and collection of the LUCT, and creates a
higher risk of non-collection of taxes due to the City than does the assessment of
the LUCT on the entire lot subject to the “change in use” disqualifying said lot
from current use assessment;

        NOW THEREFORE, the City of Rochester hereby adopts a policy when
assessing the LUCT on land in current use that becomes subject to a cluster
development in which open space land is used to satisfy the density requirement
for individual cluster units of assessing the LUCT on the entire parcel being made
subject to the LUCT as a result of the “change in use” of the underlying land.

    Councilor Lachapelle MOVED to adopt the resolution. Councilor Keans
seconded the motion.




                                      FY 09 - 144
 City of Rochester                                    City Council Regular Meeting
 Draft                                                             February 3, 2009
     Councilor Lundborn opined that this presents a detriment to contractors and
 developers in the City. The up front costs are too great to have the contractors
 pay up front. This is the wrong time to make this change. Councilor Grassie said
 there is no option.

     Councilor Torr requested a roll call vote. Councilor Lundborn seconded the
 requested. City Manager Scruton explained the changes in the laws and
 administrative rules that are driving the adoption of this policy. The MOTION
 CARRIED by a roll call vote of 9 to 4. Councilors Hervey, LaBranche, Varney,
 Keans, Grassie, Healey, Hamann, Lauterborn, and Mayor Larochelle voted in
 favor of the motion. Councilors Lachapelle, Torr, Lundborn, and Gerrish voted
 against the motion.

14] OTHER

     a] Resolution Accepting School Administrator’s Contract

       Councilor Torr MOVED to read the resolution by title only for the first
 reading. Councilor Lachapelle seconded the motion. The MOTION CARRIED by
 unanimous voice vote. Mayor Larochelle read the resolution by title only as
 follows:

  RESOLUTION APPROVING COST ITEMS ASSOCIATED WITH PROPOSED
    ROCHESTER SCHOOL DEPARTMENT COLLECTIVE BARGAINING
      AGREEMENT WITH THE ROCHESTER ADMINISTRATIVE UNIT

 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
 CITY OF ROCHESTER, AS FOLLOWS:

 That pursuant to and in accordance with the provisions of Chapter 273-A of the
 New Hampshire Revised Statutes Annotated, the cost items associated with the
 two (2) year collective bargaining agreement between the Rochester School
 Board, Rochester School Department and the Rochester Administrative Unit
 (School), covering the period beginning July 1, 2008 and ending June 30, 2010, as
 more particularly detailed in a financial summary analysis provided to the City
 Council by the Superintendent of Schools,. Rochester School Department, a copy
 of which is annexed hereto as Exhibit A, is hereby approved.

      Councilor Keans MOVED to adopt the resolution. Councilor Lachapelle
 seconded the motion. The MOTION FAILED by a roll call vote of 5 to 8.
 Councilors Keans, Lundborn, Grassie, Lachapelle and Mayor Larochelle voted in
 favor of the motion. Councilors Lauterborn, Gerrish, Hamann, Healey, Varney,
 LaBranche, Hervey, and Torr voted against the motion.

      Councilor LaBranche inquired as to the status of the snow removal [budget].
 City Manager Scruton advised the City had spent approximately $29,000 in



                                    FY 09 - 145
 City of Rochester                                      City Council Regular Meeting
 Draft                                                               February 3, 2009
 overtime over the past two weeks. He added that about $40,000 to $50,000
 would be transferred from two other lines to the line for salt. The City usually
 uses about 4,000 tons/year for salt. The City had 2,700 tons at the beginning of
 the year. It appears the City will need more salt. The salt is $63/ton. Much of that
 money would have to come out of the Contingency line. Additionally, overtime
 and other items will also have to come from the Contingency line as well.

     Councilor LaBranche commented about the icy condition of the China
 Palace parking lot.

15] ADJOURNMENT

    Councilor Torr MOVED to adjourn the Regular City Council meeting at 9:41.
 Councilor Lundborn seconded the motion. The MOTION CARRIED by
 unanimous voice vote.

 Respectfully submitted,



 Sheryl L. Eisenberg, CMC
 Deputy City Clerk




                                      FY 09 - 146

								
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