City Council

City of Rochester Regular City Council Meeting September 4, 2018 Regular City Council Meeting September 4, 2018 Council Chambers 7:00 PM COUNCILORS PRESENT OTHERS PRESENT Councilor Abbott Blaine Cox, City Manager Councilor Gates Peter Nourse, Department Councilor Gray of Public Works Councilor Keans Chief Toussaint, Rochester PD Councilor Hamann Councilor Hutchinson Councilor Lachapelle Councilor Lauterborn Councilor Torr Councilor Walker Mayor McCarley COUNCILORS EXCUSED Councilor Bogan Councilor Varney MINUTES 1. Call to Order Mayor McCarley called the Regular City Council Meeting to order at 7:00 PM. 2. Opening Prayer Mayor McCarley asked all those gathered to bow their heads for a moment of silence. 3. Presentation of the Colors Mayor McCarley led the Pledge of Allegiance. 4. Roll Call Deputy City Clerk Cassie Givara took the roll call. All Councilors were present except for Councilor Bogan and Councilor Varney, who were both excused. 1 City of Rochester Regular City Council Meeting September 4, 2018 5. Acceptance of Minutes 5.1 Special City Council Meeting Minutes: June 19, 2018 (Revised) consideration for approval Councilor Lachapelle MOVED to ACCEPT the June 19, 2018, Special City Council revised meeting minutes. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. 5.2 Regular City Council Meeting, Meeting Minutes: August 7, 2018 consideration for approval Councilor Lachapelle MOVED to ACCEPT the August 7, 2018, Regular City Council meeting minutes. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. 5.3 Special City Council Meeting, Meeting Minutes: August 21, 2018 consideration for approval Councilor Lachapelle MOVED to ACCEPT the August 21, 2018, Special City Council meeting minutes. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. 6. Communications from the City Manager 6.1 Employee of the Month Award City Manager Cox announced that Dawn Maskell of the Department of Public Works was the Employee of the Month for September 2018. 6.2 City Manager’s Report 6.3 Non-Union Employment Policy Handbook Recommended Amendments City Manager Cox gave an overview of several of his recommended amendments to the Non-Union Employment Policy. Item #1: A recommendation to move the completion date of the employee performance evaluations from March to May 15 to allow supervisors more time to complete the evaluations. Item #2: A recommendation to add a fourth tier for employees with 2 City of Rochester Regular City Council Meeting September 4, 2018 25 or more years which would allow for a fifth week of vacation. Item #3: Currently the City has a 30-day “use it or lose it” policy. There are many employees who save time right up until the end of the year for unforeseen absences. The new wording proposes allowing an additional two months for employees to use saved time beyond the end of the year. This change will not affect an employees pay if they were to leave employment with the City. Mayor McCarley inquired if it was up to the direct Supervisor’s discretion whether or not to allow this additional two months to use saved time. City Manager Cox said it would be a general policy and not up to supervisor’s discretion. Councilor Walker asked what the difference was between vacation and paid leave. City Manager Cox responded that for employees on PTO, there is no difference. Councilor Gray asked if these changes would affect both unionized and non-unionized employees. It was clarified that these changes were for non- union employees. City Manager Cox reported that the City Council has 60-days to review these amendments and make a decision. No decisions is being made at this meeting. Item #4: A provision for shortening the window from one year to six months for non-union employees to accumulate a personal day. Councilor Keans inquired about “earned time” and if it was something the City of Rochester offered. City Manager Cox clarified that the City of Rochester does not have “earned time” but rather paid time off, which is essentially the same thing. It lumps all paid time off into one category. Item #6: This amendment would remove the stipulation that the bereavement days need to be consecutive. City Manager Cox briefly outlined some other minor changes in wording as well as the change from Matthew Thornton insurance to Anthem. 3 City of Rochester Regular City Council Meeting September 4, 2018 Councilor Keans asked for clarification on the schedule for raises given to City staff, and which employees receive step increases. City Manager Cox stated that all employee evaluations would be due on July 1, 2018, not on the employees’ anniversary hire date and all increases are merit increases. Mr. Cox also stated that there are no departments receiving step increases. It was verified that the only department which does increases on the employee anniversary date is the Police Department for Union employees. The non-union Police Department employees receive increases in July. 7. Communications from the Mayor 7.1. Proclamation: “National Recovery Month” September, 2018 Mayor McCarley announced that September 2018 would be recognized as National Recovery Month in the City of Rochester. Elizabeth Atwood of SOS Recovery came forward to receive the proclamation. 7.2. Proclamation: “National Thank a Police Officer Day” September 15, 2018 Mayor McCarley announced that Saturday September 15, 2018, would be National Thank a Police Officer Day in the City of Rochester. She encouraged citizens to show their support to Rochester Police officers by featuring blue on their properties and thanking our law enforcement officers. Chief Toussaint came forward to accept the Proclamation on behalf of the Rochester Police Department. Mayor McCarley reminded everyone that the Rochester Fair was opening on Thursday September 6, 2018, for four days and reopening again on Thursday September 13. She encouraged everyone to go out and support the fair. 8. Presentation of Petitions and Council Correspondence No Discussion. 9. Nominations, Appointments, Resignations, and Elections 9.1. Appointment: Councilor Elaine Lauterborn, Voting Delegate to the NHMA Legislative Policy Conference 4 City of Rochester Regular City Council Meeting September 4, 2018 Mayor McCarley MOVED to ACCEPT the appointment of Elaine Lauterborn as the voting delegate to the NHMA Legislative Policy Conference. Councilor Lachapelle seconded the motion. Councilor Lachapelle MOVED that nominations cease. Councilor Gates seconded the motion. Councilor Lachapelle MOVED that the Clerk cast one ballot for Councilor Lauterborn. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. 9.2. Resignation: Kyle Starkweather, Planning Board Councilor Walker MOVED to ACCEPT with regret the resignation of Kyle Starkweather, Planning Board. Councilor Lachapelle seconded the motion. The MOTION CARRIED by a unanimous voice vote. 9.3. Resignation: Missi D’Arcy, Ward 5 Ward Clerk Councilor Walker MOVED to ACCEPT with regret the resignation of Missi D’Arcy, Ward Clerk of Ward 5. Councilor Lachapelle seconded the motion. The MOTION CARRIED by a unanimous voice vote. 9.4. Appointment: Jim Grant, Supervisor of the Checklist, Ward 6 Mayor McCarley MOVED to ACCEPT the appointment of Jim Grant as Supervisor of the Checklist for Ward 6. Councilor Lachapelle seconded the motion. Councilor Lachapelle MOVED that nominations cease. Councilor Walker seconded the motion. Councilor Lachapelle MOVED that the Clerk cast one ballot for Mr. Grant. Councilor Walker seconded the motion. The MOTION CARRIED by a majority voice vote. 9.5. Nomination: Therese Hickman, NHDES Local River Management Advisory Committee Mayor McCarley MOVED to ACCEPT the nomination of Therese Hickman to the NHDES Local River Management Advisory Committee. Councilor Keans seconded the motion. Councilor Walker MOVED that nominations cease. Councilor Lachapelle seconded the motion. Councilor Lachapelle MOVED that the Clerk cast one ballot for Ms. Hickman. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. 10. Reports of Committees 10.1. Codes & Ordinances Committee 5 City of Rochester Regular City Council Meeting September 4, 2018 Councilor Lachapelle reported that the Codes & Ordinances Committee met in August and there are no action items. The Codes meeting for Thursday September 6, 2018, has been canceled and they will next meet on Thursday October 4, 2018. 10.2. Community Development Committee Elaine Lauterborn stated that there were no action items resultant from the Community Development Committee. There had been a presentation by COAST in regards to a new initiative which they’re starting for a comprehensive operations analysis. There will be public meetings scheduled for input over the next year and a half. The next Community Development Committee meeting for Monday September 10, 2018, has been canceled and they will meet again sometime after the housing charrette which takes place September 26 th – 28th 2018. There was a brief discussion held by Council to clarify wording about parking signage and where the signs would be placed in the City. Councilor Keans referenced a section of the minutes which stated that the Wayfinding task force would approve the sign locations. Councilor Keans suggested that the final decision on sign placement come back to full Council for a vote as opposed to be being decided by a separate commission. 10.3. CTE Joint Building Committee The Joint Building Committee met in August and had a chance to review the status of work on the building. There is some ongoing testing on flooring and the final decision has been delayed slightly. Mayor McCarley reported that overall, things are progressing quite well. 10.4. Finance Committee 10.4.1. Resolution Authorizing Supplemental Appropriation to the 2018-2019 Capital Improvements Plan (CIP) of the City of Rochester, Department of Public works CIP Fund, Water CIP Fund, and Sewer CIP Fund in the 6 City of Rochester Regular City Council Meeting September 4, 2018 Amount of $180,000.00 for the Asset Management Software Project first reading, consideration for second reading and adoption Councilor Lachapelle MOVED to read the resolution for the first time by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. Mayor McCarley read the resolution for a first time by title only as follows: Resolution Authorizing Supplemental Appropriation to the 2018- 2019 Capital Improvements Plan (CIP) of the City of Rochester, Department of Public Works CIP Fund, Water CIP Fund, and Sewer CIP Fund in the Amount of $180,000.00 for the Asset Management Software Project BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ROCHESTER: That the sum of One Hundred Eighty Thousand Dollars ($180,000.00) is hereby appropriated as a supplemental appropriation to the 2018-2019 capital improvements budgets of the City of Rochester, Department of Public Works as follows: Sixty Thousand Dollars ($60,000.00) to the Department of Public Works CIP Fund: Sixty Thousand Dollars ($60,000.00) to the Department of Public Works Water CIP Fund; Sixty Thousand Dollars ($60,000.00) to the Department of Public Works Sewer CIP Fund. The purpose of this supplemental appropriation is to pay for costs and expenditures related to the Asset Management Software Project. This Project had previously been funded by bond authority which will be deauthorized by subsequent Council action. Further, the One Hundred Eighty Thousand Dollars ($180,000.00) supplemental appropriation shall be derived as follows: Sixty Thousand Dollars ($60,000.00) from the General Fund Unassigned Fund Balance, Sixty Thousand Dollars ($60,000.00) from the Water Fund Retained Earnings Balance, and Sixty Thousand Dollars ($60,000.00) from the Sewer Fund Retained Earnings Balance. To the extent not otherwise provided for in this Resolution, the Finance Director is hereby authorized to establish and/or designate such accounts and or account numbers as are necessary to implement the transactions contemplated in this Resolution. Councilor Lachapelle MOVED to suspend the rules and read the resolution for a second time by title only. Councilor Walker seconded the 7 City of Rochester Regular City Council Meeting September 4, 2018 motion. The MOTION CARRIED by a majority voice vote. Mayor McCarley read the resolution for a second time by title only. Councilor Lachapelle MOVED to ADOPT the resolution. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. 10.4.2. Resolution in Accordance with RSA 33:9 Deauthorizing $180,000.00 in Bond Authority Related to the 2018-2019 Capital Improvements Plan (CIP) of the City of Rochester, Department of Public works CIP Fund, Water CIP Fund, and Sewer CIP Fund for the Asset Management Software Project first reading, consideration for second reading and adoption Councilor Lachapelle MOVED to read the resolution for the first time by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. Mayor McCarley read the resolution for a first time by title only as follows: Resolution in Accordance with RSA 33:9 Deauthorizing $180,000.00 in Bond Authority Related to the 2018-2019 Capital Improvements Plan (CIP) of the City of Rochester, Department of Public Works CIP Fund, Water CIP Fund, and Sewer CIP Fund for the Asset Management Software Project BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ROCHESTER: Pursuant to RSA 33:9, Sixty Thousand Dollars ($60,000) of previous bond authority is deauthorized from the 2018-2019 Department of Public Works CIP Fund, Sixty Thousand Dollars ($60,000) of previous bond authority is deauthorized from the 2018-2019 Department of Public Works Water CIP Fund, and Sixty Thousand Dollars ($60,000) of previous bond authority is deauthorized from the 2018-2019 Department of Public Works Sewer CIP Fund for costs associated with the so-called Asset Management Software Project. To the extent not otherwise provided for in this Resolution, the Finance Director is hereby authorized to establish and/or designate such accounts and or account numbers as are necessary to implement the transactions contemplated in this Resolution. 8 City of Rochester Regular City Council Meeting September 4, 2018 Councilor Lachapelle MOVED to suspend the rules and read the resolution for a second time by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a majority voice vote. Mayor McCarley read the resolution for a second time by title only. Councilor Lachapelle MOVED to ADOPT the resolution. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. 10.4.3. Committee Recommendation: To not move forward with switching the Assessing software from Patriot to Avitar consideration for approval Mayor McCarley stated she would be voting against this recommendation. Mayor McCarley felt that it had been presented well to the finance committee and that any unanswered questions had been covered. Councilor Walker stated he felt there were certain costs which hadn’t been calculated into the switch from Patriot software to Avitar, such as costs for overtime for cleaning up the software and making it integrate with Munis. Mayor McCarley MOVED to continue the use of Patriot Properties. Councilor Walker seconded the motion. The MOTION CARRIED by a majority voice vote. 10.5. Public Safety 10.5.1. Committee Recommendation: To Add a Crosswalk on Wakefield Street at the Walkway to the Spaulding High School Cafeteria Entrance consideration for approval Councilor Walker MOVED to add a crosswalk on Wakefield Street at the Walkway to the Spaulding High School Cafeteria entrance. Councilor Hamann seconded the motion. The MOTION CARRIED by a unanimous voice vote. 10.5.2. Committee Recommendation: To Deny the Request for a Streetlight on Yvonne Street consideration for approval Councilor Walker MOVED to deny the request for a streetlight on Yvonne Street. Councilor Hamann seconded the motion. The MOTION CARRIED by a unanimous/majority voice vote. 9 City of Rochester Regular City Council Meeting September 4, 2018 10.5.3. Committee Recommendation: To deny the Installation of a “Blind Driveway” sign on Four Rod Road consideration for Approval Councilor Walker MOVED to deny the installation of a Blind Driveway sign on Four Rod Road. Councilor Hamann seconded the motion. The MOTION CARRIED by a unanimous voice vote. 10.5.4. Committee Recommendation: To Install a “Stop” Sign on City Property facing Dustin Homestead at the discretion of DPW consideration for Approval Councilor Walker MOVED install a Stop sign on City Property facing Dustin Homestead at the discretion of DPW. Councilor Hutchinson seconded the motion. The MOTION CARRIED by a unanimous voice vote. 10.5.5. Committee Recommendation: To send a letter to the State for action with the intersection of Tebbetts Road and Old Dover Road consideration for Approval Councilor Walker MOVED to approve the sending of a letter to the State for action with the intersection of Tebbetts Road and Old Dover Road. Councilor Lachapelle seconded the motion. The MOTION CARRIED by a unanimous voice vote. 10.6. Public Works & Buildings Committee Councilor Torr reported that there were no action items from the Public Works & Buildings Committee. Councilor Torr discussed the repeated vandalism of the planks on the Dewey Street Bridge and spoke about a similar bridge which is in the plans for the Riverwalk. Councilor Torr suggested installing cameras at this location to deter vandalism. Councilor Gray requested an action item from Public Works for the installation of cameras so Council can determine whether it is feasible and what the cost would be. City Manager Cox reported that Sonja Gonzalez, CIO, had been researching this item and would report back to Council. 10 City of Rochester Regular City Council Meeting September 4, 2018 10.7. Tri-City Mayors’ Task Force on Homelessness Councilor Hutchinson reported that the Tri-City Mayors’ Task Force on Homelessness met on August 9, 2018. At this meeting, the Mayors elected Terra Stewart, a member of the homeless community, to serve as a voting member of the committee. Councilor Hutchinson reminded Council that the Task Force will not be contracting with Strafford Regional Planning Commission for the development and writing of the Master Plan. Instead, the Task Force is meeting with the County Commissioners and will be looking in-house for assistance with drafting the Master Plan. Councilor Hutchinson reported that this new plan may necessitate pushing back the November 1, 2018, deadline. Councilor Keans inquired about the chart of resources which was included in the Task Force minutes and how it had been developed. Councilor Hutchinson stated that the chart was neither comprehensive nor indefinite. It was resultant from a request from Dover’s Mayor Weston for a basic spreadsheet showing which resources offered which services and to whom. 11. Old Business 11.1. Amendment to Chapter 42 of the General Ordinances of the City of Rochester Regarding Development and Construction Signs second reading and consideration for adoption Councilor Lachapelle MOVED to read the amendment for the second by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. Mayor McCarley read the resolution for a second time by title only as follows: Amendment to Chapter 42 of the General Ordinances of the City of Rochester Regarding Development and Construction Signs THE CITY OF ROCHESTER ORDAINS: That Chapter 42 of the General Ordinances of the City of Rochester and currently before the Rochester City Council, be amended as follows (changes in italics): 11 City of Rochester Regular City Council Meeting September 4, 2018 42.29 Signs m. Specific Sign Requirements. 6.1. Development and Construction Signs. Signs temporarily erected during construction to inform the public of the developer, contractors, architects, engineers, the nature of the project or anticipated completion dates, shall be permitted in all zoning districts, subject to the following limitations: A. Such signs on a single residential lot, residential subdivision, or multiple residential lots, and nonresidential uses shall be limited to one sign, no greater than 10 feet, in height and 32 square feet in area. B. Such signs for commercial or industrial projects shall be limited to one sign per street front. C. Development and construction signs may not be displayed until after the issuance of construction permits by the building official and must be removed no later than 24 hours following issuance of an occupancy permit for an or all portions of the project. 6.2. Planned Unit Development Signs. These signs shall be used to identify a project and/or inform the public of the name of a development. A. Such signs shall only be used for Planned Unit Developments. B. Such signs shall be no greater than 16 square feet. C. Such signs may not be lit. D. Such signs are allowed in Open Space. E. Such signs shall require approval from the Planning Board. The Board may require specific materials, landscaping, or other features. F. This section shall also apply to previously approved Planned Unit Developments. The effective date of these amendments shall be upon passage. Councilor Walker MOVED to ADOPT the amendment. Councilor Lachapelle seconded the motion. The MOTION CARRIED by a majority voice vote. 11.2. Amendment to Chapter 42 of the General Ordinances 12 City of Rochester Regular City Council Meeting September 4, 2018 of the City of Rochester Regarding the Location and Boundaries of Zoning Districts and to Table 18-B, Permitted Uses second reading and consideration for adoption Councilor Lachapelle MOVED to read the amendment for the second by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. Mayor McCarley read the resolution for a second time by title only as follows: Amendment to Chapter 42 of the General Ordinances of the City of Rochester Regarding the Location and Boundaries of Zoning Districts and to Table 18-B, Permitted Uses THE CITY OF ROCHESTER ORDAINS: WHEREAS, Chapter 42.1, Section J establishes that the location and boundaries of zoning districts within the City of Rochester are established as shown on a map titled, "City of Rochester Zoning Map." WHEREAS, Chapter 42.1, Section J further declares that the City of Rochester Zoning Map is incorporated by reference as party of Chapter 42 of the General Ordinances of Rochester regarding zoning. WHEREAS, the Mayor and City Council of Rochester desire to amend the City of Rochester Zoning Map to convert the Neighborhood Mixed Use Zone between North Main Street Bridge and Holy Rosary Church to Downtown Commercial Zone. WHEREAS, the Mayor and the City Council of Rochester desire to amend the City of Rochester Zoning Map to expand the boundaries of the Special Downtown Overlay district to encompass the entire Downtown Commercial Zone. WHEREAS, the Mayor and the City of Rochester desire to amend the City of Rochester Zoning Ordinance Table 18-B, Sales-Service-Office-Institutional Uses to eliminate "Gas Station" and "Vehicle Service" as permitted uses in the Downtown Commercial Zone. THEREFORE, the Mayor and City Council of Rochester ordain that the Neighborhood Mixed Use Zone in the City of Rochester between North Main Street Bridge and Holy Rosary Church shall be converted to Downtown Commercial Zone in accordance with the Attached Exhibit. (Exhibit A). 13 City of Rochester Regular City Council Meeting September 4, 2018 FURTHER, the Mayor and City Council of Rochester ordain that Special Downtown Overlay District shall be expanded to cover the entirety of the Downtown Commercial Zone in accordance with the Attached Exhibit. (Exhibit B). STILL FURTHER, the City of Rochester Zoning Map shall be amended and updated to reflect that the above shown changes ordained by the Mayor and the City Council. FINALLY, the Mayor and the City Council of Rochester ordain that "Gas Station" and "Vehicle Service" shall be eliminated as permitted uses in the Downtown Commercial Zone and that Table 18-B shall be reflect said change as shown in the Attached Exhibit. (Exhibit C). (Exhibits A, B, & C, see Addendum A) The effective date of these amendments shall be upon passage. Councilor Lachapelle MOVED to ADOPT the amendment. Councilor Walker seconded the motion. The MOTION CARRIED by a majority voice vote. 12. Consent Calendar No Discussion. 13. New Business 13.1. Resolution Authorizing the City Manager to Enter into a Lease Agreement with Fresh Vibes Café, LLC first reading and consideration for adoption • Exhibit A 13.1 Councilor Lachapelle MOVED to read the resolution for the first time by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. Mayor McCarley read the resolution for a first time by title only as follows: Resolution Authorizing the City Manager to Enter Into a Lease Agreement with Fresh Vibes Café, LLC BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ROCHESTER, AS FOLLOWS: 14 City of Rochester Regular City Council Meeting September 4, 2018 That the Mayor and City Council of the City of Rochester, by adoption of this Resolution, authorize the City Manager to enter into a One (1) year lease agreement with Fresh Vibes Café, LLC from September 5, 2018 to September 5, 2019 for a 575 square foot portion of Union Street Parking consistent with the terms of Exhibit A. Councilor Lachapelle MOVED to ADOPT the resolution. Councilor Hutchinson seconded the motion. The MOTION CARRIED by a unanimous voice vote. Councilor Keans asked what the boundaries would be for this outdoor dining area. She stated that based on the design, it looked as though it extended in to the parking lot which could be a problem with the already- limited parking downtown. 13.2. Resolution Authorizing the Creation of a Riverwalk Account in order to Receive Donations up to $5,000.00 and Supplemental Appropriation in Connection Therewith first reading, consideration for second reading and adoption Councilor Lachapelle MOVED to read the resolution for the first time by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. Mayor McCarley read the resolution for a first time by title only as follows: Resolution Authorizing the Creation of a Riverwalk Account in order to Receive Donations up to $5,000.00 and Supplemental Appropriation in Connection Therewith BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ROCHESTER: That the City Manager and the Finance Director are hereby authorized to create a Riverwalk Account to allow the Riverwalk Committee to accept donations toward the Riverwalk Project. Further, the City Council hereby authorizes a supplemental appropriation in the amount of Five Thousand Dollars ($5,000.00) to the newly created Riverwalk Account. The appropriation will be derived in its entirety from donations received by the Riverwalk Committee. To the extent not otherwise provided for in this Resolution, the Finance Director is hereby authorized to establish and/or designate such accounts and 15 City of Rochester Regular City Council Meeting September 4, 2018 or account numbers as are necessary to implement the transactions contemplated in this Resolution and to establish special revenue, non-lapsing, multi-year fund account(s) as necessary to which said sums shall be recorded. Councilor Lachapelle MOVED to suspend the rules and read the resolution for a second time by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a majority voice vote. Mayor McCarley read the resolution for a second time by title only. Councilor Lachapelle MOVED to ADOPT the resolution. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. 13.3. E911 Committee Recommendations 13.3.1. Resolution Authorizing the Renumbering of Addresses on Eastern Avenue in Compliance with E911 Standards first reading and refer to a public hearing Councilor Lachapelle MOVED to read the resolution for the first time by title only and refer to public hearing. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. Mayor McCarley read the resolution for a first time by title only as follows: Resolution Authorizing the Renumbering of Addresses on Eastern Avenue in Compliance with E911 Standards BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ROCHESTER: That pursuant to RSA 231:133, RSA 231:133-a, and consistent with the State of New Hampshire’s E911 standards, the City Council hereby authorizes the renumbering of street addresses on Eastern Avenue as shown in Exhibit A. (See Addendum B) 13.3.2. Resolution Authorizing the Renumbering of 31 Main Street to 33 Main Street in Compliance with E911 Standards first reading and refer to a public hearing Councilor Lachapelle MOVED to read the resolution for the first time by title only and refer to public hearing. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. Mayor McCarley read the 16 City of Rochester Regular City Council Meeting September 4, 2018 resolution for a first time by title only as follows: Resolution Authorizing the Renumbering of 31 North Main Street to 33 North Main Street in Compliance with E911 Standards BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ROCHESTER: That pursuant to RSA 231:133, RSA 231:133-a, and consistent with the State of New Hampshire’s E911 standards, the City Council hereby authorizes the renumbering of 31 North Main Street to 33 North Main Street. 13.4. Resolution Deauthorizing $1,038 in Funding Related to the 2017-2018 Victims of Crime Act Grant first reading, consideration for second reading and adoption Councilor Lachapelle MOVED to read the resolution for the first time by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a majority voice vote. Mayor McCarley read the resolution for a first time by title only as follows: Resolution Deauthorizing $1,038.00 in funding related to the 2017- 2018 Victims of Crimes Act Grant BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ROCHESTER: That the amount of One Thousand Thirty Eight Dollars ($1,038.00) appropriated as part of the 2017-2018 Victim of Crimes Act (VOCA) Grant is hereby deauthorized. Eight Hundred Thirty and 41/100 Dollars ($830.41) of the deauthorization is grant reimbursement which will not be sought from the New Hampshire Department of Justice. Two Hundred Seven and 59/100 Dollars ($207.59) of the deauthorization is derived from the City’s required local match and shall be returned to the General Fund Unassigned Fund Balance. To the extent not otherwise provided for in this Resolution, the Finance Director is hereby authorized to establish and/or designate such accounts and or account numbers as are necessary to implement the transactions contemplated in this Resolution. Councilor Lachapelle MOVED to suspend the rules and read the resolution for a second time by title only. Councilor Walker seconded the 17 City of Rochester Regular City Council Meeting September 4, 2018 motion. The MOTION CARRIED by a majority voice vote. Mayor McCarley read the resolution for a second time by title only. Councilor Lachapelle MOVED to ADOPT the resolution. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. 13.5. Resolution Authorizing Supplemental Appropriation to the 2018-2019 Rochester Police Department Operating Budget and Acceptance of a United States Department of Justice (USDOJ) Justice Assistance Grant (JAG) in the amount of $26,029.00 first reading, consideration for a second reading and adoption Councilor Lachapelle MOVED to read the resolution for the first time by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. Mayor McCarley read the resolution for a first time by title only as follows: Resolution Authorizing Supplemental Appropriation to the 2018- 2019 Rochester Police Department Operating Budget and Acceptance of a United States Department of Justice (USDOJ) Justice Assistance Grant (JAG) in the amount of $26,029.00 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ROCHESTER: That the Mayor and City Council of the City of Rochester, by adoption of this Resolution, accept a grant in the amount of Twenty Six Thousand Twenty Nine Dollars ($26,029.00) from the United States Department of Justice Justice Assistance Grant program in order to fund crime scene forensic training and the purchase of related equipment. Further, the Mayor and City Council authorize the Rochester Police Department to enter into an inter-local agreement with the City of Somersworth to act as fiscal agent for this grant in exchange for 5% or One Thousand Three Hundred One Dollars ($1,301.00) of the City of Rochester’s grant award. Still further, that the sum of Twenty Six Thousand Twenty Nine Dollars ($26,029.00) be, and hereby is, appropriated as a supplemental appropriation to the 2018-2019 operating budget for the City of Rochester Police 18 City of Rochester Regular City Council Meeting September 4, 2018 Department. The source of the sums necessary to fund such appropriation shall be drawn, in their entirety, from the grant. To the extent not otherwise provided for in this Resolution, the Finance Director is hereby authorized to establish and/or designate such accounts and or account numbers as are necessary to implement the transactions contemplated in this Resolution and to establish special revenue, non-lapsing, multi-year fund accounts(s) as necessary to which said sums shall be recorded. Councilor Lachapelle MOVED to suspend the rules and read the resolution for a second time by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a majority voice vote. Mayor McCarley read the resolution for a second time by title only. Councilor Lachapelle MOVED to ADOPT the resolution. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. 13.6. Resolution Authorizing the Department of Public Works to Submit a New Hampshire Department of Transportation (NHDOT) Transportation Alternatives (TAP) Grant Application in an amount not to exceed $500,000.00 first reading and consideration for adoption Councilor Lachapelle MOVED to read the resolution for the first time by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. Mayor McCarley read the resolution for a first time by title only as follows: Resolution Authorizing the Department of Public Works to Submit a New Hampshire Department of Transportation (NHDOT) Transportation Alternatives (TAP) Grant Application in an amount not to exceed $500,000.00 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ROCHESTER: That the Department of Public Works is thereby authorized to submit a NHDOT TAP Grant Application in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) to pay for the costs associated with the Portland Street Sidewalk Project. If the grant is awarded, the City will be required to provide 19 City of Rochester Regular City Council Meeting September 4, 2018 a Twenty Percent (20%) match not to exceed One Hundred Thousand Dollars ($100,000.00). To the extent not otherwise provided for in this Resolution, the Finance Director is hereby authorized to establish and/or designate such accounts and or account numbers as are necessary to implement the transactions contemplated in this Resolution. Councilor Lachapelle MOVED to ADOPT the resolution. Councilor Gates seconded the motion. The MOTION CARRIED by a unanimous voice vote 13.7. Land SELT – Water Supply Land Purchase & Conservation Easements 13.7.1. Resolution Authorizing the City Manager to place 95 acres of City property into a Conservation Easement with the Southeast Land Trust first reading, consideration for second reading and adoption Councilor Lachapelle MOVED to read the resolution for the first time by title only. Councilor Gates seconded the motion. The MOTION CARRIED by a unanimous voice vote. Mayor McCarley read the resolution for a first time by title only as follows: Resolution Authorizing the City Manager to place 95 acres of City property into a Conservation Easement with the Southeast Land Trust BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ROCHESTER: The City Manager is hereby authorized to transfer Ninety Five (95) acres of City property located in Farmington, New Hampshire (Farmington Tax Map R- 9, Lot 8; R-10, Lot 19; and R-26, Lot 3) as part of the City’s water reservoir into a Conservation Easement with SELT. The City Manager is further authorized to execute all documents necessary to complete the above transaction on behalf of the City. To the extent not otherwise provided for in this Resolution, the Finance Director is hereby authorized to establish and/or designate such accounts and or account numbers as are necessary to implement the transactions contemplated in this Resolution. 20 City of Rochester Regular City Council Meeting September 4, 2018 Councilor Lachapelle MOVED to suspend the rules and read the resolution for a second time by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a majority voice vote. Mayor McCarley read the resolution for a second time by title only. Councilor Lachapelle MOVED to ADOPT the resolution. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote Councilor Keans asked for some more information on the process, the ownership and the responsibilities once this conservation easement goes into place. Peter Nourse, Department of Public Works, stated that the Southeast Land trust will perform the monitoring that is required and the City of Rochester will maintain the property and grant the easement to SELT to monitor. The City of Rochester retains all authority to manage the property as they would manage the watershed. The City is also responsible for maintenance and operation of any structures on the property, such as dams. Councilor Keans inquired what the advantage would be to putting the land into the conservation trust with SELT. Mr. Nourse stated that the major advantage is that the City gets a better tax assessment. 13.7.2. Supplemental Appropriation to the 2018- 2019 Department of Public Works, Water Capital Improvement Plan Fund in an amount not to exceed $122,000.00 for Water Reservoir Land Protection first reading, consideration for second reading and adoption Councilor Lachapelle MOVED to read the resolution for the first time by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. Mayor McCarley read the resolution for a first time by title only as follows: Supplemental Appropriation to the 2018-2019 Department of Public Works, Water Capital Improvement Plan Fund in an amount not to exceed $122,000.00 for Water Reservoir Land Protection 21 City of Rochester Regular City Council Meeting September 4, 2018 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ROCHESTER: That an amount not to exceed One Hundred Twenty Two Thousand Dollars ($122,000.00) is hereby appropriated as a supplemental appropriation to the 2018-2019 Department of Public Works, Water Capital Improvement Plan Fund for the purpose of paying costs associated with Southeast Land Trust’s (SELT) acquisition of a conservation easement on the so-called Bullwinkle Property in Farmington, a fee interest in the so-called Stuart Property in Farmington, as well as costs associated with the City’s donation of Ninety Five (95) acres of land in Farmington to be put in conservation easement by SELT. All land transfers are for the protection of the City’s water reservoir. The funds for this supplemental appropriation shall be derived in their entirety from the Water Fund retained earnings balance. Further, the City Manager is hereby authorized to execute all documents necessary to complete the above transactions on behalf of the City. To the extent not otherwise provided for in this Resolution, the Finance Director is hereby authorized to establish and/or designate such accounts and or account numbers as are necessary to implement the transactions contemplated in this Resolution. Councilor Lachapelle MOVED to suspend the rules and read the resolution for a second time by title only. Councilor Walker seconded the motion. The MOTION CARRIED by a majority voice vote. Mayor McCarley read the resolution for a second time by title only. Councilor Lachapelle MOVED to ADOPT the resolution. Councilor Walker seconded the motion. The MOTION CARRIED by a unanimous voice vote. 13.8 2019-2020 Final Legislative Policy Recommendations Councilor Keans stated that the recommendations make a lot of sense as written and does not recommend any changes. 13.9 Resolution for Supplemental Appropriation to the Conservation Fund for Fiscal Year 2017-2018 Pursuant to the Provisions of Section 11.21(c) of the General Ordinances of the City of Rochester first reading, consideration for second reading and adoption 22 City of Rochester Regular City Council Meeting September 4, 2018 Councilor Walker MOVED to read the resolution for the first time by title only. Councilor Gates seconded the motion. The MOTION CARRIED by a unanimous voice vote. Mayor McCarley read the resolution for a first time by title only as follows: Resolution for Supplemental Appropriation to the Conservation Fund for Fiscal Year 2017-2018 Pursuant to the Provisions of Section 11.21(c) of the General Ordinances of the City of Rochester BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ROCHESTER, AS FOLLOWS: As a supplemental appropriation to the 2017-2018 fiscal year operating budget of the City of Rochester, the sum of Sixty Seven Thousand Two Hundred Ninety Dollars ($67,290.00); from annual excess Land Use Change Tax funds for fiscal year 2017-2018 to the City of Rochester Conservation Fund, the sums necessary to fund such supplemental appropriation to be drawn in their entirety from the aforesaid annual excess Land Use Change Tax revenues received during fiscal year 2017-2018. To the extent not otherwise provided for in this Resolution, the Finance Director is hereby authorized to designate and/or establish such accounts and/or account numbers as necessary to implement the transactions contemplated by this Resolution. The effective date of this Resolution shall be June 30, 2018. Councilor Hamann inquired why the Council needed to vote on this item. City Manager Cox stated that each year as part of the budget process, the City appropriates a certain amount of land use change taxes to the conservation fund, typically around $10,000.00. Usually, the City collects more than the $10,000.00 in land use change taxes, so the option is then brought back to Council to put the excess into the conservation fund. Otherwise, the excess will go into the Fund Balance. Councilor Walker MOVED to suspend the rules and read the resolution for a second time by title only. Councilor Lachapelle seconded the motion. The MOTION CARRIED by a majority voice vote. Mayor McCarley read the resolution by the second time by title only. 23 City of Rochester Regular City Council Meeting September 4, 2018 Councilor Lachapelle MOVED to ADOPT the resolution. Councilor Walker seconded the motion. The MOTION CARRIED by majority roll call vote with Councilors Lachapelle, Hutchinson, Gates, Hamann, Keans, Lauterborn, Gray, Walker, Abbott and Mayor McCarley voting in favor and Councilor Torr voting against. 14 Non-Meeting/Non-Public Session There is no non-meeting/Non-public session this evening. 15 Other Mayor McCarley announced that Anita Greene had passed away and the service for her will be held Wednesday September 5 at 10:00 AM. Councilor Keans stated that she’d received communications from some constituents regarding the proposed public works facility on Chestnut Hill Road. The constituents had expressed concerns that there would be dumping of road salt on the grounds of the new facility and if it would affect their wells. Councilor Gates spoke about the Fire Department wanting to require all new single family homes to have either sprinkler systems or a cistern if they are outside the City water supply. Councilor Gates reported that he had done some research and received price quotes from several companies ranging from $7,000.00 to $10,000.00 for a 2,000 sqf home outside the Rochester water supply to have a sprinkler system installed. For a cistern with all associated materials and services, the cost was upwards of $26,000.00. Councilor Gates stated that this additional cost could make home ownership unattainable for some potential buyers in Rochester. Councilor Lauterborn asked if these fire safety measures were State requirements. It was determined that the fire safety measures were State required and had been since 2008, but they had not been enforced perhaps in part due to the additional costs which are prohibitive. Councilor Gates questioned how many fires occurred in the City each year which fall outside the City’s water supply. Councilor Lauterborn suggested a report be presented at a future meeting outlining the specifics of this issue such as what the state requirement entails, why these requirements have not been enforced and what are other Cities doing. 16 Adjournment 24 City of Rochester Regular City Council Meeting September 4, 2018 Councilor Walker MOVED to ADJOURN the meeting at 8:13 PM. Councilor Lachapelle seconded the motion. The MOTION CARRIED by a unanimous voice vote. Respectfully Submitted, Cassie Givara Deputy City Clerk 25  Addendum A EXHIBIT A Proposed Zoning Revision - Downtown Commercial Zone Current Zoning vfttout &t . Legend Proposed for a* * Zoning Revision Parcel Boundary Zoning Districts Residential - 1 Proposed Zoning Residential - 2 Neighborhood Mixed Use Downtown Commercial General Industrial Ifcdtamto* % Date; 1/2SS01B  EXHIBIT B Proposed Zoning Revision - Special Downtown Overlay Current Zoning Legend Proposed for Zoning Revision Parcel Boundary Special Downtown Overlay Zoning Districts Residential - 1 Residential - 2 Proposed Zoning Neighborhood Mixed Use Downtown Commercial Office Commercial General Industrial Mn:1OW201B  EXHIBIT C TABLE 18-B SALES-SERVICE-OFFICE -INSTITUTIONAL USES SALES-SERVICE-OFFICE-INSTITUTIONAL USES Residential Districts Commercial Districts ndustrial Districts Special Criteria/Conditions R2 NMU AG DC OC HC Gl Rl HS AS Section Reference Adult Day Care Center E E P P P E P Section 42.22 Adult Day Care Home E E E P P P P Section 42.22 Adult Oriented Establishment C Section 42.22 Agricultural Building, Reuse of Existing C c c P Section 42.22 Antique Shop C P P P P Section 42.21 Artist Studio C P P P P Section 42.21 Bank C P P P Section 42.21 Convenience Store C P P E P Section 42.21 Day Care - 1 (Day Care Residence) P P P P P P P P Day Care - 2 (Day Care - Family) E P E P P P P Sections 42.20 & 42.21 Day Care - 3 (Day Care Center) E E P P P E E Section 42.22 Florist P P P Funeral Home C P P P P Gas Station P P Sections 42.20 & 42.21 Grocery Store P P Hospital P P P P House of Worship C C c p c p p Section 42.21 Housing Unit Sales P P Laundry Establishment - 1 C P P P Section 42.21 Laundry Establishment - 2 P P P Library C P C P P P Section 42.21 Marina P Museum C P c P p p Section 42.21 Office P P P P P P Office, Medical C P P P C P P Section 42.21 Office, Professional P P P P P Personal Service Establishment P P P P Retail Sales ( under 5,000 square feet) P P E P Retail Sales (5,000 - 30,000 square feet) P P Retail Sales (over 30,000 square feet) P Retail Service C P P P Section 42.21 School, K-12 C C c c c p c Section 42.21 School, Other C C C p p p c Section 42.21 Second Hand Shop C P P P P Section 42.21 Service Establishment C C c p Section 42.21 Shelter E E P E E E Small Wind Energy Systens P P P P P P P P P P P Section 42.20 Vehicle Sales, New C P Sections 42.20 & 42.21 Vehicles Sales, Used C P Section 42.20 Vehicle Service P P P Yard Sale, Commercial C Sections 42.20 & 42.22 *LEGEND. P = Permitted Use, C = Conditional Use, E = Use Allowed by Special Exception APPROVED APRIL 2014 C:\Users\kelly.waltere\AppData\Local\Microeoft\Windows\Temporary Internet Fites\Content.Outlook\BV5HAHDZ\TABLE XVIII-B SALES- SERVICE-OFFICE-INSTITUTIONAL USES - Approved April 2014  EXHIBIT A Existing Number Proposed Number 5 Eastern Ave to 6 Eastern Ave 7 Eastern Ave to 10 Eastern Ave 8 Eastern Ave to 18 Eastern Ave 9 Eastern Ave to 22 Eastern Ave 10 Eastern Ave to 25 Eastern Ave 11 Eastern Ave to 26 Eastern Ave 13 Eastern Ave to 30 Eastern Ave 15 Eastern Ave to 34 Eastern Ave 17 Eastern Ave to 40 Eastern Ave 19 Eastern Ave to 52 Eastern Ave 14 Eastern Ave to 45 Eastern Ave 18 Eastern Ave to 51 Eastern Ave 21 Eastern Ave to 58 Eastern Ave 24 Eastern Ave to 63 Eastern Ave 34 Eastern Ave to 75 Eastern Ave 46 Eastern Ave to 74 Eastern Ave 48 Eastern Ave to 78 Eastern Ave 50 Eastern Ave to 82 Eastern Ave 51 Eastern Ave to 83 Eastern Ave 52 Eastern Ave to 86 Eastern Ave 54 Eastern Ave to 90 Eastern Ave 55 Eastern Ave to 95 Eastern Ave 56 Eastern Ave to 94 Eastern Ave 58 Eastern Ave to 98 Eastern Ave 60 Eastern Ave to 106 Eastern Ave 61 Eastern Ave to 105 Eastern Ave 83 Eastern Ave to 167 Eastern Ave 84 Eastern Ave to 168 Eastern Ave 85 Eastern Ave to 171 Eastern Ave 86 Eastern Ave to 172 Eastern Ave 87 Eastern Ave to 175 Eastern Ave 90 Eastern Ave to 176 Eastern Ave 91 Eastern Ave to 181 Eastern Ave 92 Eastern Ave to 182 Eastern Ave 94 Eastern Ave to 188 Eastern Ave 95 Eastern Ave to 191 Eastern Ave 99 Eastern Ave to 203 Eastern Ave 100 Eastern Ave to 198 Eastern Ave 102 Eastern Ave to 206 Eastern Ave  105 Eastern Ave to 209 Eastern Ave 108 Eastern Ave to 214 Eastern Ave 107 Eastern Ave to 219 Eastern Ave 112 Eastern Ave to 222 Eastern Ave 113 Eastern Ave to 227 Eastern Ave 114 Eastern Ave to 226 Eastern Ave 116 Eastern Ave to 230 Eastern Ave 117 Eastern Ave to 237 Eastern Ave 119 Eastern Ave to 241 Eastern Ave 120 Eastern Ave to 238 Eastern Ave 123 Eastern Ave to 255 Eastern Ave 128 Eastern Ave to 250 Eastern Ave 129 Eastern Ave to 261 Eastern Ave 130 Eastern Ave to 256 Eastern Ave 132 Eastern Ave to 262 Eastern Ave 139 Eastern Ave to 265 Eastern Ave 133 Eastern Ave to 271 Eastern Ave 136 Eastern Ave to 276/278 Eastern Ave 135 Eastern Ave to 273 Eastern Ave 137 Eastern Ave to 279 Eastern Ave 138/140 Eastern Ave to 284 A& B Eastern Ave 141 Eastern Ave to 285 Eastern Ave 145 Eastern Ave to 291 Eastern Ave 151 Eastern Ave to 295 Eastern Ave 153 Eastern Ave to 38 Vernon Ave