City Council

Monday, January 13, 2025 · 7:00 PM AM · City Council Chambers 37 Green Street Concord, NH 03301

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Agenda PDF Minutes PDF

Agenda

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38. Presentation of State of New Hampshire Housing Champion Award.
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Non-meeting in accordance with RSA 91-A:2, I (a), strategy and negotiations with respect to collective bargaining followed by a non-public session in accordance with RSA 91-A: 3, II (d) to discuss property acquisition to begin at 5:30 PM
Mayor Champlin called the meeting to order at 7:00 PM.
Invocation.
Pledge of Allegiance.
Roll Call.
Approval of the Meeting Minutes.
24-667 December 9, 2024 City Council Draft Meeting Minutes.
minutes
Councilor Grady Sexton moved approval of the December 9, 2024, Meeting Minutes. Councilor Kretovic seconded the motion. Councilor Brown moved to amend page 13, item number 33, adding that a number of Councilors spoke in support of this project, which the Concord Skate Club Group has been advocating for since 2020. The motion as amended was duly seconded and passed with no dissenting votes.
Agenda overview by the Mayor.
6A. Proclamation of appreciation for Donald Brueggemann, manager of The Works Cafe.
consent report
Action: approved

Mayor Champlin read the proclamation of appreciation for Donald Brueggemann, manager of the Works Cafe, thereby thanking him for his commitment in supporting the Community of Concord by generously providing bagels for election day staff.
**Consent Agenda Items**
Referral to the Energy & Environment Advisory Committee
7. Communication from Andy Duncan, 16 Kimball Street, requesting PFAS test results of wastewater sewage sludge and its potential impact on the Russell-Shea Community Gardens.
referrals
Action: approved

This communication was referred to the Solid Waste Advisory Committee, not the Energy & Environment Committee.
Items Tabled for February 10, 2025 Public Hearings
8. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 35, Classification and Compensation Plan, Schedule D of Article 35-2, Class Specification Index, Wastewater Maintenance Manager; together with a report from the Director of Human Resources.
ordinance
Action: moved to set for a public hearing

This ordinance was moved to set for a public hearing.
9. Resolution appropriating the sum of $35,000, for reimbursement of demolition costs associated with the Next Step Living, Inc project at 3 North State Street, and accepting the sum of $35,000, in grant proceeds from the New Hampshire Department of Business and Economic Affairs (BEA) Municipal Demolition Grant program for this purpose; together with a report from the Assistant Director of Community Development.
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Action: moved to set for a public hearing

This resolution was moved to set for a public hearing.
10. Resolution appropriating the sum of $21,499, for law enforcement related programs, and accepting the sum of $21,499, in unmatched grant funds from the United States Department of Justice Edward Byrne Memorial Justice Assistance Grant Program for this purpose; together with a report from the Deputy Chief of Police.
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Action: moved to set for a public hearing

This resolution was moved to set for a public hearing.
11. Resolution accepting the terms of a Federal Fiscal Year 2024 Homeland Security Grant Program (HSGP) grant issued by the US Department of Homeland Security (DHS) / Federal Emergency Management Agency (FEMA), appropriating the sum of $259,062, for the purchase of a modular vehicle barrier system, and accepting the sum of $259,062, from the US Department of Homeland Security (DHS) / Federal Emergency Management Agency (FEMA) for this purpose; together with a report from the Fire Chief.
resolution
Action: moved to set for a public hearing

This resolution was moved to set for a public hearing.
From the City Manager
12. Positive Citizen Comments.
positive comments
Action: received and filed

Positive comments were received and filed.
Consent Reports
13. Diminimus gifts and donations report from the Library Director requesting authorization to accept gifts and donations totaling $4,167.55, as provided under the pre-authorization granted by City Council.
consent report
Action: approved

This consent report was approved.
14. Diminimus gifts and donations report from the Human Services Director requesting authorization to accept a monetary gift totaling $765, as provided under the pre-authorization granted by City Council.
consent report
Action: approved

This consent report was approved.
15. Fiscal Year 2024 Annual Comprehensive Report (ACFR) from the Assistant Finance Director. (Pulled from consent by Councilor Brown.)
consent report
Action: approved

Item was pulled from Consent for discussion.
16. Quarterly Current Use Change Tax Report from Director of Real Estate Assessments.
consent report
Action: approved Passed

This consent report was approved.
17. Report from the Deputy City Manager for Development recommending approval of a license agreement for an awning by Marathon Sports at 142 North Main Street which will be located within the City's highway rights-of-way.
consent report
Action: approved Passed

This consent report was approved.
18. Report from the City Solicitor's Office regarding a Tentative Collective Bargaining Agreement between the City of Concord and the City of Concord Municipal Employees Unit of Local #1580, American Federation of State, County, and Municipal Employees, AFL-CIO ("AFSCME").
consent report
Action: approved

This consent report was approved.
19. Report from the City Solicitor's Office regarding a Tentative Collective Bargaining Agreement between the City of Concord and Local 2322, International Union - United Automobile Aerospace and Agricultural Implement Workers of America ("UAW").
consent report
Action: approved

This consent report was approved.
20. Report from the City Solicitor's Office regarding a Tentative Collective Bargaining Agreement between the City of Concord and the Concord Police Supervisor's Association ("CPSA").
consent report
Action: approved Passed

This consent report was approved. Councilor Brown recused from voting on this item as her husband works for the Police Department.
21. Report from the City Solicitor's Office regarding a Tentative Collective Bargaining Agreement between the City of Concord and the Concord Police Patrolmen's Association ("CPPA").
consent report
Action: approved

This consent report was approved. Councilor Brown recused from voting on this item as her husband works for the Police Department.
Consent Resolutions
22. Resolution accepting the terms of an Emergency Management Performance grant, appropriating the sum of $5,000 for providing technical assistance for the revision of the City’s Local Emergency Operations Plan (LEOP), and accepting the sum of $5,000 in NH Department of Safety, Homeland Security and Emergency Management Grant funding for this purpose; together with a report from the Fire Chief.
consent resolution
Action: approved Passed

This consent resolution was approved.
23. Resolution rescinding the appropriation of $225,000 and de-authorizing the issuance of bonds and notes in the sum of $225,000 in the Telephone System Replacement project (CIP #525) and repurposing the sum of $204,251.86 from the Enterprise Resource Planning project (CIP #302) to the Telephone System Replacement project (CIP #525) from various funds; together with a report from the Deputy City Manager - Finance and the Information Technology Director.
consent resolution
Action: approved

This consent resolution was approved.
24. Resolution authorizing the City Manager to apply to the NHDOT Transportation Alternates Program for funding to cover costs associated with designing, permitting, and constructing a portion of the Merrimack River Greenway Trail (CIP $543); together with a report from the Director of Special Projects and Strategic Initiatives. (Revised Title; revised resolution submitted.)
consent resolution
Action: approved

This consent resolution was approved.
25. Resolution repurposing the sum of $29,091.10 in the Fire Facility Renovation project (CIP #252) for rehabilitation and restoration repairs to the Fire Administration heating system; together with a report from the Deputy Fire Chief.
consent resolution
Action: approved

This consent resolution was approved.
**End of Consent Agenda**
Public Hearings
26A. Ordinance amending the Code of Ordinances, Title IV, Zoning Code; Chapter 28, Zoning Ordinance to further revise certain provisions, which were previously modified by Ordinance #3168 on August 12, 2024, pertaining to conditional use permits for obstruction of the State House Dome and maximum height limitations in certain portions of the Central Business Performance District and Opportunity Corridor Performance District, as well as to amend other additional sections of the Zoning Ordinance as recommended by the Planning Board; together with a report from the Deputy City Manager - Development.
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City Manager Aspell indicated that this proposed ordinance will allow the Planning Board to review and provide potential relief to the zoning requirements outlined via the conditional use permit. The change is beneficial as it will give the Planning Board the control and flexibility for design issues, rather than requiring applicants to seek relief through the Zoning Board of Adjustment. It will also give the Planning Board more control and reasonable flexibility over the design considerations, which will allow the City to review development applications in a more cohesive, holistic, and efficient manner.
26B. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 35, Classification and Compensation Plan, Article 35-2, Compensation Plan, Schedule D, Elections Specialist; together with a report from the Director of Human Resources.
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City Manager Aspell indicated that the City Clerk has requested the addition of an Election Specialist position, which will be a permanent part-time employee, working 24 hours per week. The desire to create a position to ensure that the City proactively, rather than reactively, addresses election related responsibilities while improving: ward official and staff training, research and implementation of election specific improvements, assurance of compliance to growing and evolving legal obligations, coordination of routine voter registration fairs throughout the city, and the ability to review and analyze pending legislation specific to the department, while greatly improving work life balance for the staff. He mentioned that when the City went through Covid, it was difficult because there were many retirements, which left the City understaffed and required hiring new staff, as well as training. Manager Aspell indicated that this request makes sense and has been needed for a number of years, complimenting City Clerk Bonenfant for her tireless efforts.
26C. Resolution appropriating the sum of $17,265 to assist the Library’s mission in providing a variety of equitable services to patrons at the Concord Public Library and accepting the sum of $17,265 in donations from the Concord Public Library Foundation for this purpose; together with a report from the Library Director.
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City Manager Aspell indicated that the Concord Public Library Foundation generously provided this grant to cover: a Seed Library start up, Lit Kits (for visual learners), eleven new Library of Things items and a storage cabinet for them, display shelving for juvenile DVDs, LOTE4Kids (multilingual children’s storybooks database), Creativebug website subscription (crafting demos with no wait times), and more! Mayor Champlin opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
26D. Resolution authorizing the City Manager to submit an application for grant funds in the sum of $750,000 to the Community Development Block Grant Fund program, appropriating the sum of $750,000 to support CATCH Neighborhood Housing’s redevelopment at 30 East Side Drive, and accepting the sum of $750,000 in Community Development Block Grant Funds for this purpose; together with a report from the Assistant Director of Community Development. (Public testimony received.)
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26E. Resolution adopting an Anti-Displacement and Relocation Policy Statement and Procedures, in support of the City’s Community Development Block Grant application to the New Hampshire Community Development Finance Authority to support CATCH Neighborhood Housing's Redevelopment Project at 30 East Side Drive, increasing the affordable housing units from the existing 14 units to between 20 and 24 new affordable housing units to support independent living and housing opportunities, including services for adults with learning and developmental disabilities; together with a report from the Assistant Director of Community Development.
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The public hearing for Item 26E was heard with item 26D.
26F. Resolution appropriating the sum of $3,049,000 as a transfer to reserves and authorizing the use of $3,049,000 from Fiscal Year 2024 General Fund Assigned Fund Balance for this purpose; together with a report from the Deputy City Manager - Finance.
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26G. Resolution appropriating the sum of $54,000 in the General Fund for furniture, equipment, and training; and authorizing the use of $54,000 in Reserve Funds for this purpose.
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City Manager Aspell commented that it was the same report as 26F and that he would answer any questions. Councilor Brown asked if they are using one supplier and was there any bidding for the office furniture. Manager Aspell explained that the City has awarded a contract with a specific supplier for furniture and equipment. The training piece is related to funds that would be available for unbudgeted professional development opportunities for staff around the City. Councilor Brown reminded Manager Aspell that the Council passed a similar request last year, asking what training took place. Manager Aspell indicated that he did not have that information right at hand, however, any department can request to utilize those funds. Many departments are great at trying to use grants to be able to attend these conferences. Mayor Champlin opened the hearing to the public. There being no pubic testimony, the Mayor declared the hearing closed.
26H. Resolution appropriating the sum of $150,000 for the Concord Public Library chilling unit replacement subproject (CIP #551) and authorizing the issuance of bonds and notes in the amount of $150,000 for this purpose; together with a report from the General Services Director.
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City Manager Aspell indicated that in 2003, the Council approved air conditioning for the Concord Public Library. Those air conditioning units are reaching their end life cycle and these funds would be to repair the units, which would help them last three to five years longer. The Council could invest more dollars, however, if the Council has other plans for the library (such as improvements or expansions), it would not make sense to invest more at this time. Councilor Sekou mentioned that the Library has been asking for a renovation and wanted to understand the cost implications of these funds. Manager Aspell explained that if the City was to undertake an expansion or an addition, that it would take at least three years to get there, and repairing the units would give that time flexibility to get there. Councilor Sekou wanted to point out that the Library has been doing amazing work, and if the Council allocates these funds, they are still aware of their expansion/addition requests. Manager Aspell agreed, indicating that he felt it showed the Library that there is a stop gap measure so the community can make a decision in the next three years on how to support the Library's needs. There being no discussion, Mayor Champlin opened the public hearing. There being no pubic testimony, the Mayor declared the hearing closed.
26I. Resolution appropriating the sum of $40,000 for conducting illegal drug related investigations and accepting the sum of $40,000 in grant funding from the New Hampshire Department of Safety - Law Enforcement Opioid Abuse Reduction Initiative grant for this purpose; together with a report from the Deputy Chief of Police.
resolution
City Manager Aspell indicated that there is no requirement for matching funds. There being no discussion, Mayor Champlin opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
26J. Resolution appropriating the sum of $16,000 for the purchase of equipment to assist the Concord Police Department and the Central New Hampshire Special Operations Unit in search and rescue operations and accepting the sum of $16,000 in grant funds from the New Hampshire Department of Safety - State Homeland Security for this purpose; together with a report from the Deputy Chief of Police.
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City Manager Aspell indicated that there is no requirement for matching city funds for this grant. There being no discussion, Mayor Champlin opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
26K. Resolution appropriating the sum of $40,000 in the General Fund for Diversity, Equity, Inclusion, Justice, and Belonging work and authorizing the use of $40,000 from General Fund unassigned fund balance for this purpose; together with a report from the Deputy City Manager - Finance. (Public testimony received.)
resolution
Public Hearing Action
27. Ordinance amending the Code of Ordinances, Title IV, Zoning Code; Chapter 28, Zoning Ordinance to further revise certain provisions, which were previously modified by Ordinance #3168 on August 12, 2024, pertaining to conditional use permits for obstruction of the State House Dome and maximum height limitations in certain portions of the Central Business Performance District and Opportunity Corridor Performance District, as well as to amend other additional sections of the Zoning Ordinance as recommended by the Planning Board; together with a report from the Deputy City Manager - Development.
ordinance
Action: approved

Councilor Keach moved approval. The motion was duly seconded by Councilor Kretovic and passed with no dissenting votes.
28. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 35, Classification and Compensation Plan, Article 35-2, Compensation Plan, Schedule D, Elections Specialist; together with a report from the Director of Human Resources.
ordinance
Action: approved

Councilor Kretovic moved approval. The motion was duly seconded by Councilor Todd and passed with no dissenting votes.
29. Resolution appropriating the sum of $17,265 to assist the Library’s mission in providing a variety of equitable services to patrons at the Concord Public Library and accepting the sum of $17,265 in donations from the Concord Public Library Foundation for this purpose; together with a report from the Library Director.
resolution
Action: approved

Councilor Todd moved approval. Councilor Brown recused herself. The motion was duly seconded by Councilor Kurtz and passed with no dissenting votes.
30. Resolution authorizing the City Manager to submit an application for grant funds in the sum of $750,000 to the Community Development Block Grant Fund program, appropriating the sum of $750,000 to support CATCH Neighborhood Housing’s redevelopment at 30 East Side Drive, and accepting the sum of $750,000 in Community Development Block Grant Funds for this purpose; together with a report from the Assistant Director of Community Development. (Public testimony received.)
resolution
Action: approved

Councilor Fennessy moved approval. The motion was duly seconded by Councilor Kretovic and passed with no dissenting votes.
31. Resolution adopting an Anti-Displacement and Relocation Policy Statement and Procedures, in support of the City’s Community Development Block Grant application to the New Hampshire Community Development Finance Authority to support CATCH Neighborhood Housing's Redevelopment Project at 30 East Side Drive, increasing the affordable housing units from the existing 14 units to between 20 and 24 new affordable housing units to support independent living and housing opportunities, including services for adults with learning and developmental disabilities; together with a report from the Assistant Director of Community Development.
resolution
Action: approved

Councilor Keach moved approval. The motion was duly seconded by Councilor Kretovic and passed with no dissenting votes.
32. Resolution appropriating the sum of $3,049,000 as a transfer to reserves and authorizing the use of $3,049,000 from Fiscal Year 2024 General Fund Assigned Fund Balance for this purpose; together with a report from the Deputy City Manager - Finance.
resolution
Action: approved

Councilor Fennessy moved approval. Councilor Brown requested to make an amendment that for the Economic Development Reserve, instead of it being $300,000, that there be another reserve for a Workforce Development Reserve of $100,000. Being that there was no second, the motion failed. Mayor Champlin indicated that if Council so chooses, her goal would be accommodated by the existing Economic Development Reserve Fund, because he believed the money allocated in this motion could possibly be a source. Councilor Keach felt it was important to leave broader, larger pots, which gives Council more flexibility. Councilor Fennessy thanked the City staff for coming through with a surplus, which he recognized that it culminated from a lot of hard work. He also pointed out how the special revenue funds out performed and that the City should be proud of that work. Mayor Champlin seconded Councilor Fennessy's comments. The motion by Councilor Fennessy was duly seconded by Councilor Kurtz, and passed with no dissenting votes.
33. Resolution appropriating the sum of $54,000 in the General Fund for furniture, equipment, and training; and authorizing the use of $54,000 in Reserve Funds for this purpose.
resolution
Action: approved

Councilor Kretovic moved approval. The motion was duly seconded by Councilor Kurtz and passed with no dissenting votes.
34. Resolution appropriating the sum of $150,000 for the Concord Public Library chilling unit replacement subproject (CIP #551) and authorizing the issuance of bonds and notes in the amount of $150,000 for this purpose; together with a report from the General Services Director.
resolution
Action: approved

Councilor McNamara moved approval. The motion was duly seconded by Councilor Kurtz and passed with no dissenting votes.
35. Resolution appropriating the sum of $40,000 for conducting illegal drug related investigations and accepting the sum of $40,000 in grant funding from the New Hampshire Department of Safety - Law Enforcement Opioid Abuse Reduction Initiative grant for this purpose; together with a report from the Deputy Chief of Police.
resolution
Action: approved

Councilor McNamara moved approval. Councilor Brown recused. The motion was duly seconded by Councilor Kretovic and passed with no dissenting votes.
36. Resolution appropriating the sum of $16,000 for the purchase of equipment to assist the Concord Police Department and the Central New Hampshire Special Operations Unit in search and rescue operations and accepting the sum of $16,000 in grant funds from the New Hampshire Department of Safety - State Homeland Security for this purpose; together with a report from the Deputy Chief of Police.
resolution
Action: approved

Councilor MacNamara moved approval. Councilor Brown recused. The motion was duly seconded by Councilor Kurtz and passed with no dissenting votes.
37. Resolution appropriating the sum of $40,000 in the General Fund for Diversity, Equity, Inclusion, Justice, and Belonging work and authorizing the use of $40,000 from General Fund unassigned fund balance for this purpose; together with a report from the Deputy City Manager - Finance. (Public testimony received.)
resolution
Action: approved

Councilor Kretovic moved approval. Councilor Sekou duly seconded the motion. Councilor Horne spoke about the importance of the DEIJB work, however, she stated that she is uncomfortable sending tax dollars to a Texas firm, and she is also concerned that a they might not understand the societal climate here compared to Texas. Councilor Brown echoed Councilor Horne's sentiments, stating that Texas is very different than NH. She feels better knowing that Ms. Malakai has spoken with the consultant. She felt it would be difficult to have a facilitator in Texas, and would rather have the facilitator be from the Concord area, preferably the City Social Worker or another social worker who is affiliated with the City because it would be a continuation of the work of the Committee, while also doing outreach to the community. She was also concerned because the facilitator mentioned that it might be difficult to get people to speak, since they spoke over 20 months ago, and there was no concrete action taken. She mentioned that she would be in favor of having a local facilitator, as well as Mr. Guess to complete this work.
Reports
Presentation of State of New Hampshire Housing Champion Award.
New Business
Unfinished Business
39. Resolution appropriating the sum of $10,308,000, in the Beaver Meadow Golf Course Club House & Buildings Project (CIP #107) for the construction of a new facility and related improvements, and authorizing the issuance of bonds and notes in the sum of $10,308,000, for this purpose; together with a report from the Deputy City Manager - Finance. (Presentation and proforma submitted.) (Public testimony received.) (Revised presentation submitted.) (Additional public testimony received.)
resolution
Items pulled from the Consent Agenda for Discussion
15. Fiscal Year 2024 Annual Comprehensive Report (ACFR) from the Assistant Finance Director. (Pulled from consent by Councilor Brown.)
consent report
Councilor Brown acknowledged Mr. LeBrun for the report, and for taking the time to help her understand the materials in the document. She mentioned that constituents have asked where the funds are going and why their taxes are increasing. She mentioned that there are misconceptions for example that some funds take in a lot of money. Through her conversations with Mr. LeBrun, he explained the City's general obligation bonds, which are on page 65 of the Annual Financial Report. There are quite a few of these that are dedicated to the golf course, and many people believe there is a surplus, but in fact there are general obligation bonds that do not mature almost 20 years. She requested that in the future that the public improvements bonds are listed with the title, so that people can see what outstanding bonds the City has. Councilor Brown made a motion to accept the report. City Manager Aspell asked for clarification if Councilor Brown's motion was to just accept the report. Councilor Brown retracted her first motion. She made a second motion that the pubic improvements be listed for what the bonds actually are going forward in future Annual Financial Comprehensive Reports, rather than simply under the title of public improvements. Mr. LeBrun explained that the document is prepared in accordance with the auditing standards, and the list of bonds are not the types of items that go into this particular document. The Annual Financial Comprehensive Report is used by rating agencies and other agencies. Mr. LeBrun indicated that the City could continue to provide a list of the bonds to Council, but it is inappropriate to be included in this particular document. Councilor Brown retracted her second motion. Councilor Brown made a motion to accept the report. The motion was duly seconded by Councilor Schlosser , passing with no dissenting votes.
Comments, Requests by Mayor, City Councilors
Comments, Requests by the City Manager
Adjournment
Information
Inf1 June 5, 2024 Heritage Sign Program Review Committee Meeting Minutes.
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Action: received and filed

Information item received and filed.
Inf2 November 6, 2024 Zoning Board of Adjustment Meeting Minutes.
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Action: received and filed

Information item received and filed.
Inf3 November 7, 2024 Heritage Commission Meeting Minutes.
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Action: received and filed

Information item received and filed.
Inf4 December 2, 2024 Concord Public Library Board of Trustees Meeting Minutes.
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Action: received and filed

Information item received and filed.
Inf5 December 11, 2024 Ad-Hoc Beaver Meadow Building Committee Draft Meeting Minutes.
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Action: received and filed

Information item received and filed.
Inf6 December 12, 2024 Golf Course Advisory Committee Draft Meeting Minutes.
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Action: received and filed

Information item received and filed.
Inf7 December 16, 2024 Fiscal Policy Advisory Committee Draft Meeting Minutes
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Action: received and filed

Information item received and filed.
Inf8 December 19, 2024 Airport Advisory Committee Draft Meeting Minutes
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Action: received and filed

Information item received and filed.
Inf9 Correspondence from Xfinity regarding Price Changes.
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Action: received and filed

Information item received and filed.
Inf10 December 19, 2024 Everett Arena Advisory Committee Meeting Minutes.
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Action: received and filed

Information item received and filed.
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Council Only
A. City Manager's Appointments to the Conservation Commission: Frederick Chormann, Katherine Healy, and Mark Coen. (Pulled from consent by Councilor Brown.)
appointment
B. City Manager's Appointments to the Library Board of Trustees: Jeanie West and Stephanie Simard.
appointment

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