KEENE CITY COUNCIL Council Chambers, Keene City Hall September 3, 2015 7:00 PM

Roll Call Pledge of Allegiance Minutes of Preceding Meeting

0. HEARINGS/PRESENTATIONS/PROCLAMATIONS A. Presentation - Spirit of Place - Pathways for Keene B. Public Hearing - Petition to Designate Nims Road as a Scenic Road 1. ELECTIONS/NOMINATIONS/APPOINTMENTS/CONFIRMATIONS A. Confirmation - Agricultural Commission B. Nomination - Cities for Climate Protection C. Nomination - Airport Advisory Commission 2. COMMUNICATIONS A. Petition from 62 Residents - Election Ballot Auditing and Creation of a Task Force B. Walter Secord - Resignation- Partner City Committee C. Robert Kelley - Resignation - Cities for Climate Protection Committee D. Danny Veerkamp-Resignation- Cities for Climate Protection Committee E. John Sturtz - Resignation - Cities for Climate Protection Committee F. Robert Wilber- Opposition to the Location of the Skatepark in Wheelock Park G. Darryl Perry- Suggesting the Elimination of the Parking Division H. Will Coleman/Citizen's Bank - Request to Use City Property - ADA Ramp I. Carol Laughner - Request to Use City Property - 281h Annual Walk for Animals J. Kimberly Ioannou/The Pub Inc. - Opposition to a Proposed Bar Located at 141 Winchester St. K. Ron Parodi/Scott Parody/New England Fabrics - Opposition to a Proposed Bar Located at 141 Winchester Street L. Debra and Dwight Bowie-Request to Revise Keene's Noise Ordiance

3. REPORTS A. COUNCIL COMMITTEES 1. Construction of Multi-Use Trail Bridge over NH Route 12/101 - MSFI COM 2. Public Works Assistance in Installation of Fire Line for Sprinkler System -MSFI COM 3. Amendments to the Noise Ordinance-MSFI COM 4. Request to Use City Property- Clarence DeMar Marathon - PLD COM 5. Proposed Transfer of Franchise Agreement to Charter Communications-PLD COM 6. Dumpsters Located on City Right-of-Way- PLD COM 7. Revisions to Chapter 46 - Licenses and Permits - PLD COM 8. Transfer of Sublease for Parking Spaces in the Wells Street Parking Lot - FOP COM 9. Acceptance of Donation-Police Department - FOP COM 10. Acceptance of Donations - Parks, Recreation and Facilities Department - FOP COM 11. Cheshire Rail Trail Phase 3 - FOP COM 12. Recreation Trails Grant-Robin Hood Park-FOP COM

Keene City Council September 3, 2015 Page 2 of2

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REPORTS A. COUNCIL COMMITTEES (continued) 13. Boiler replacement - City Hall - FOP COM 14. Contract for Residential Revaluation - FOP COM 15. Contract for Commercial/Industrial Revaluation - FOP COM 16. 17 Baker Street- Water Damage- FOP COM 17. Stacey Ward Cole Trust-FOP COM 18. Emergency Repairs to Ladder 1 - FOP COM 19. Knot Weed Control-FOP COM 20. Appointment of Assistant Emergency Director - FOP COM B. CITY OFFICERS AND DEPARTMENTS 1. General Comments - City Manager C. BOARDS AND COMMISSIONS D. MORETIME 1. Complete Streets Policy - MSFI COM 2. Scenic Road Designation - Nims Road - MSFI COM

4. ORDINANCES FOR FIRST READING A. Relating to - No Parking- Specific Streets 1. Memorandum - Parking Operations Manager 2. Ordinance 0-2015-11 5. ORDINANCES FOR SECOND READING 6. RESOLUTIONS A. In Appreciation of Neal F. Boyd Upon His Retirement 1. Resolution R-2015-34 B. In Appreciation of Francis P. Markert Upon His Retirement 1. Resolution R-2015-35 C. Relating to the Appropriation for the Installation Expense - Lighted Crosswalk System on West Street 1. Report -FOP COM 2. Resolution R-2015-33

Non Public Session Adjournment

08/06/2015

A regular meeting of the Keene City Council was held Thursday, August 6, 2015. The Honorable Mayor Kendall W. Lane called the meeting to order at 7:00 PM. Roll called: Carl B. Jacobs, Terry M. Clark, Sheryl A. Redfern, Kris E. Roberts, Janis 0. Manwaring, Randy L. Filiault, Thomas F. Powers, David R. Meader, David C. Richards and Mitchell H. Greenwald were present. James P. Duffy, Robert J. O'Connor, Emily P. Hague, Bettina A. Chadbourne and Philip M. Jones were absent. Councilor Filiault led the Pledge of Allegiance. A motion by Councilor Greenwald to accept the minutes from the July 16, 2015 meeting was duly seconded. The motion passed with a unanimous vote in favor. NOMINATION The following nomination to City boards and commissions was received from the Mayor: Charles Daloz to serve as a regular member on the Agricultural Commission for a term to expire December 31, 2017. The confirmation will occur at the next regular meeting. APPOINTMENT- SPECIAL COMMITTEE-CITY COUNCIL GOALS The following appointment to the Special Committee for City Council Goals was received from the Mayor: Councilor Emily Hague serving as Chair, Thomas Powers, Terry Clark, Robert O'Connor and James Duffy as regular members. The Committee charge is to consider a process for developing biennial goals for the Keene City Council as the legislative policy-making body, which recognizes the Mayor-Manager-City Council form of government. A motion by Councilor Greenwald was duly seconded to accept the Mayor's appointments. The motion passed with a unanimous vote in favor. COMMUNICATION - ALLISON RILEY - RESIGNATION FROM SPECIAL COMMITTEEF ALL FESTIVAL A communication was received from Allison Riley, resigning from her position on the Special Committee for Fall Festival. A motion by Councilor Greenwald to accept the resignation with regret and appreciation for Ms. Riley's service was duly seconded. The motion passed with a unanimous vote in favor. COMMUNICATION - DAN KADLE/CONFIG SYSTEMS CENTER FOR COMPUTER TRAINING- REQUEST FOR EXAMINATION OF ASSESSING DEPARTMENT AND BOARD OF ASSESSORS CONDUCT A communication was received from Dan Kadle, of Config Systems Center for Computer Training, requesting for an examination of Assessing Department and Board of Assessors conduct. The communication was referred to the City Manager. COMMUNICATION -JOHN MANNING/SOUTHWESTERN COMMUNITY SERVICESREQUESTING THE ASSISTANCE OF THE PUBLIC WORKS DEPARTMENT IN PERFORMING THE NECESSARY SITE WORK TO INSTALL A FIRE LINE FOR A SPRINKLER SYSTEM

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A communication was received from John Manning, of Southwestern Community Services, requesting the assistance of the Public Works Department in performing the necessary site work to install a fire line for a sprinkler system. The request was referred to the Municipal Services, Facilities and Infrastructure Committee. COMMUNICATION - COUNCILOR CLARK - PROPOSED TRANSFER OF FRANCHISE AGREEMENT TO CHARTER COMMUNICATIONS A communication was received from Councilor Clark, requesting an answer to the question of whether or not the consent is required for the terms of the franchise agreement with Time Warner Cable to transfer to Charter Communications, or if the transfer gives us an opportunity to revisit the agreement. The communication was referred to the Planning, Licenses and Development Committee. COMMUNICATION COUNCILOR FILIAULT - SUGGESTED AMENDMENT TO THE NOISE ORDINANCE A communication was received from Councilor Filiault, requesting an amendment to the noise ordinance, Ordinance 0-2011-07. The request was referred to the Municipal Services, Facilities and Infrastructure Committee. MSFI REPORT - JUVENILE CONFERENCE COMMITTEE - PRESENTATI ON Municipal Services, Facilities and Infrastructure Committee report read indicating that the consensus of the Committee was to accept this verbal presentation as informational. The report was filed as informational. MSFI REPORT - SCENIC ROAD DESIGNATION - NIMS ROAD Municipal Services, Facilities and Infrastructure Committee report read recommending placing the Nims Road petition on more time to allow time to get the Conservation Commission's review to the MSFI Committee and to request a public hearing be set by the Mayor. A motion by Councilor Manwaring to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote in favor. The Mayor set the Public Hearing for Thursday, September 3, 2015 at 7:00 PM in Council Chambers. MSFI REPORT

CONCERNS OVER GROWING DRUG PROBLEM

Municipal Services, Facilities and Infrastructure Committee report read recommending the report from Chief Costa be accepted as informational; and recommending to the City Council that a report be given by the Mayor's Committee within six months of their inception on the status of community solutions around heroin. The Committee further recommending that a letter be drafted to our State delegation and Senator Kelly, urging them to do anything in their power as our elected representatives to push for more treatment. A motion by Councilor Manwaring to carry out the intent of the report was duly seconded. A motion to amend by Councilor Filiault to add the language in the second paragraph to state, " .... the City Council that a report be given by 267

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the Mayor's Committee, which we hereby authorize the Mayor to assemble, within six months of .... "The motion to amend passed with a unanimous vote in favor. The main motion passed with a unanimous vote in favor. The Mayor set a summit meeting for Wednesday, September 2, 2015 at 6:30 PM. MSFI REPORT - BABBIDGE RESERVOIR DAM IMPROVEMENTS Municipal Services, Facilities and Infrastructure Committee report read recommending the City Council that the City Manager be authorized to do all things necessary to move forward with Option A - Articulated Concrete Block for the Babbidge Reservoir Dam. A motion by Councilor Manwaring to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote in favor. FOP REPORT - TRUSTEES OF TRUST FUNDS & CEMETERY TRUSTEES Finance, Organization and Personnel Committee report read indicating that the consensus of the Committee was to accept this verbal presentation as informational. The report was filed as informational. FOP REPORT - ACCEPTANCE OF DONA TIO NS - PARKS, RECREATION & FACILITIES Finance, Organization and Personnel Committee report read recommending the City Manager be authorized to do all things necessary to accept a donation of $330.00 and that the money be used for the care and maintenance of Sumner Knight Chapel. The Committee further recommends the City Manager be authorized to do all things necessary to accept a donation(s) of $295.00 collected by the Southeast Keene Neighborhood Group to purchase a swing set at Robin Hood Park. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote in favor. FOP REPORT - FEMA MITIGATION GRANT Finance, Organization and Personnel Committee report read recommending the City Manager be authorized to do all things necessary to prepare for and accept the FEMA Mitigation Grant for property located at 238 Church Street, Keene. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote in favor. FOP REPORT - WATER MAIN CONNECTION - CITY MUNICIPAL COMPLEX Finance, Organization and Personnel Committee report read recommending the City Manager be authorized to do all things necessary to negotiate and execute a contract with MME Construction LLC for the Water Main Connection Project from Marlboro Street through the City Municipal Complex for an amount not to exceed $54,283. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote in favor. FOP REPORT-2013 INFRASTRUCTURE PROJECT-SUMMER, WINTER, MIDDLE AND CENTER STREETS 268

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Finance, Organization and Personnel Committee report read recommending the City Manager be authorized to do all things necessary to negotiate and execute a change order with Underwood Engineers to increase their resident engineering services to full time and provide other technical services for an amount not to exceed $16,000 for 2013 Infrastructure Project Summer, Winter, Middle, and Center Streets Reconstruction. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote in favor. FOP REPORT - 2014 INFRASTRUCTURE PROJECT - WASHINGTON STREET RECONSTRUCTION PHASE 2 Finance, Organization and Personnel Committee report read recommending the City Manager be authorized to do all things necessary to negotiate and execute a change order with Underwood Engineers to increase their resident engineering services to full time and provide other technical services for an amount not to exceed $60,500 for the 2014 Infrastructure Project- Washington Street Reconstruction Phase 2. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote in favor. FOP REPORT - CUSTODIAL SERVICE CONTRACT Finance, Organization and Personnel Committee report read recommending the City Manager be authorized to do all things necessary to execute a contract with Coll's Cleaning Service, LLC for custodial services for multiple City facilities. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. On a 9-1 vote, the motion passed in favor. Councilor Clark opposed. FOP REPORT- REQUEST FOR PROPOSALS - CITY OWNED HANGARJOFFICE Finance, Organization and Personnel Committee report read recommending the City Manager be authorized to negotiate and execute a lease agreement with Monadnock Aviation for the Cityowned hangar and Administration Building at Dillant Hopkins Airport. Councilor Clark voted in opposition. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. On a 9-1 vote, the motion passed in favor. Councilor Richards opposed. FOP REPORT - APPOINTMENT OF AN INTERIM CITY MANAGER Finance, Organization and Personnel Committee report was tabled until end of the meeting. CALL FROM THE COMMITTEE - THE SPICE CHAMBERS - USE OF CITY PROPERTY REQUEST FOR TEMPORARY SIGN AGE A motion by Councilor Richards to call from the Committee the request from the Spice Chambers to place a sandwich board sign on City Property was duly seconded. Seeing no objections on the call from the Committee, the Mayor advised Councilor Richards to carry on. A motion by Councilor Richards to recommend that The Spice Chambers be granted permission to use City property at the intersection of Winter Street and Main Street for placement of a 269

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sandwich board sign with the size, specific location and means of anchoring the sign subject to review and approval by the Public Works Department. Said permission is granted subject to the customary licensing requirements of the City Council, and subject to any recommendations of City staff. This license shall expire November 1, 2015. This motion was duly seconded. On a show of hands vote, 10 Councilors were present and voted in favor. Councilor Duffy, O'Connor, Hague, Chadbourne and Jones were absent. CITY MANAGER COMMENTS The City Manager commented on the summer vacation schedule and for all to enjoy the next two weeks off. MEMORANDUM - CITY CLERK - 2015 SIGNIFCANT LEGISLATIVE INITIATIVES A memorandum was received from the City Clerk to accept the final report on the 2015 Significant Legislative Initiatives as informational. The communication was accepted as informational. MEMORANDUM - CITY CLERK-- OFFICES TO BE ELECTED IN 2015 A memorandum was received from the City Clerk regarding the Primary Election for nomination of candidates for: Mayor, Ward Councilor, Councilor-at-Large, Supervisor of the Checklist, Ward Clerk, and Selectman will be scheduled for October 6, 2015. The Municipal General Election will be November 3, 2015. The filing period for declarations of candidacy opens at 8 :00 AM on Wednesday, August 19, 2015 and continues until 5 :00 PM on Tuesday, September 8, 2015. The filing period by petition continues until 5:00 PM on Friday, September 11, 2015. The memorandum was accepted as informational. REPORT - MAYOR - RECRUITMENT PROCESS -SPECIAL COMMITTEE - CITY MANAGER RECRUITMENT A report was received from the Mayor recommending the City Council to authorize the Special Committee to utilize the services of Primex for administrative assistance in the recruitment, selection and transition for the City Manager position; the City Council approve the timeline for the recruitment of the City Manager; and the Mayor schedule a City Council Workshop on Tuesday, August 25th for the purpose of identifying an ideal candidate profile. A motion by Councilor Greenwald to accept the recommendations of the Special Committee as presented was duly seconded. The motion passed with a unanimous vote in favor. The Mayor scheduled City Council workshop on Tuesday, August 25, 2015 at 6:30 PM, location will be determined later. MORE TIME More time was granted by the Chair for the following item in Committee: Complete Streets Policy.

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The Mayor filed the Finance, Organization and Personnel Committee report Appointment of an Interim City Manager as informational. MSFI REPORT AND RESOLUTION R-2015-33: RELATING TO AN APPROPRIATION FOR THE INSTALLATION EXPENSE FOR INSTALLATION OF A LIGHTED CROSSWALK SYSTEM ON WEST STREET Municipal Services, Facilities and Infrastructure Committee report read recommending to the City Council that the City Manager be authorized to do all things necessary to work with the Main Street America Group for the installation and acceptance of a lighted crosswalk system on West Street, and for the City to share the expense in the amount of up to $15,000 from the unallocated fund balance; along with Resolution R-2015-33: Relating to an Appropriation for the Installation Expense for Installation of a Lighted Crosswalk System on West Street. A motion by Councilor Manwaring to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote in favor. Resolution R-2015-33 was read for the first time. The Resolution was referred to the Finance, Organization and Personnel Committee. ADJOURNMENT FOR COLLECTIVE BARGAINING STRATEGY At 8:08 PM, a motion by Councilor Greenwald to adjourn for collective bargaining strategy under RSA 91-A:2-I (a), was duly seconded. On a show of hands vote, 10 Councilors were present and voted in favor. Discussion was limited to the subject matter. The session concluded at 8 :20 PM. On a show of hands vote, 10 Councilors were present and voted in favor. James P. Duffy, Robert J. O'Connor, Emily P. Hague, Bettina A. Chadbourne and Philip M. Jones were absent COLLECTIVE BARGAINING AGREEMENT - KEENE POLICE DEPT. - SUPERVISORS The Mayor recognized Councilor Greenwald. Councilor Greenwald motioned that the City Manager be authorized to do all things necessary to execute the negotiated contract with Keene Police Department Supervisors, A TF-NH, AFT Local #6305, and AFL-CIO to be effective July 1, 2015 through June 30, 2018. NON-PUBLIC SESSION At 8:25 PM, a motion by Councilor Greenwald to go into non-public session for the purposes of personnel under RSA 91-A:3 II(b), was duly seconded. On a roll call vote, 10 Councilors were present and voted in favor. Discussion was limited to the subject matter. The session concluded at 8:37 PM. A motion by Councilor Greenwald to keep the minutes in non-public session was duly seconded. James P. Duffy, Robert J. O'Connor, Emily P. Hague, Bettina A. Chadbourne and Philip M. Jones were absent FOP REPORT -APPOINTMENT OF AN INTERIM CITY MANAGER Finance, Organization and Personnel Committee report recommending that the Finance Committee be authorized to negotiate an agreement with the individual discussed in non-public 271

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session to assume the position of Acting City Manager effective upon taking the oath of office, but subject to review and approval by the City Council. A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed with a unanimous vote in favor. APPOINTMENT OF AN INTERIM CITY MANAGER The Mayor recognized Councilor Greenwald. A motion by Councilor Greenwald was duly seconded that the City Council enter into an employment agreement with Medard Kopczynski to be Interim City Manager with compensation of $126,000 annually and an additional two weeks paid vacation, whose term is to begin October 2, 2015 or when oath of office is taken to the time when a new City Manager takes oath of office. The motion passed with a unanimous vote in favor.

ADJOURNMENT At 8:40 PM there being no further business, the Mayor adjourned the meeting.

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Mayor Kendall Lane City Hall 3 Washington Street Keene, NH 03431

Dear Mayor Lane, Please accept my resignation from the Keene Cites for Climate Protection Committee. As we've discussed, the timing for these meetings just doesn't work out with the revised workload & schedule I have had this spring and summer. I had hoped my schedule would have more flexibility when I agreed to join the committee in January, but alas, this has not turned out to be the case.

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50 Shadow Ln. Keene, NH 03431

RECEIVED AUG 2 4 ?015

August 20, 2015 Mr. Kendall W. Lane Mayor City of Keene 3 Washington Street Keene, NH 03431 Dear Mayor Lane, I originally submitted my resignation in November, 2014 but apparently it was not processed. Please except my resignation from the Cities for Climate Protection (CCP) committee effective December 31, 2014. Serving the City of Keene was a rewarding experience, and I appreciate the opportunity. I wish you and the CCP committee the best ofluck in serving the citizens of Keene.

To the city council, For the last couple of years the city council has been debating whether or not, and by how much to increase parking meter rates, and the Parking Czar recently announced his retirement. The City even sued 6 people who were feeding meters to make a political statement, in hopes of creating a debate on whether or not the City even needs parking meters. While the city council has delayed voting on a parking rate increase, the debate that some of the Robin Hooders hoped to spark has not yet happe;1ed. In the Welsh town of Cardigan, a group of drunri:en youths smashed the four parking kiosks in town. GOOD Magazine reports, "At first this act of vandalism seemed like a real headache. The bill to fix the mecers came in at around £35,000, a fee t~1e local city council had so much trouble sourcing they had to leave the meters broken, and subsequemly dowmown parking free, for weeks. But as the days dragged on, shc,ppers and lo:al business ovvners scaned feeling glad that the meters had been destroyed. It seems the convenience of free pa~·king a11d the liberty m stroll from shop to shop without worrying about feeding the meter had increased maln street stoi'efrom revenues by an average of about 30 percent and by as much as 50 percem. The ooos.: evened the playing field between local vendors and megastores wit:1 free loi:s outside of town." Couid you imagine what an revenue ir..crease of 30% '..vould do for most of the downtown businesses in Kee;-ie? Wid1 the Parking Fund se-.: ro run dry in 2017, in ligrn oi these new findings, maybe it's time the city couGcil consider elimina~ing .:ne ?arking Depanmerit a:ud allowing downtown businesses to enjoy a 30% revenue iiKreasel

Signed,

Darryl W. Perry 63 Emerald St #369 Keene, NH 03431

Citizens Bank To: The Mayor and City Council of the City of Keene NH

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W;H Col•m'" Facility Manager

.i;ieal Estate.Operations Marlstop VT 512

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119 Ascutney Street Windsor VT, 05089 Mobile: (802) 230-5574

I am writing to request permission to build an ADA ramp to provide wheelchair access to the Citizens bank branch located at 15 Main Street in Keene NH pending further approval from the planning office . Citizens bank is working to be in compliance with ADA requirements which include wheelchair access into the branch. After reviewing the site, a ramp in the front, running parallel to the front of the branch, is the most practical alternative. There is an entrance in the rear of the branch but is very limited due to parking and an alley access to the drive thru which come within 3 ft of the door. This would be potentially dangerous for a customer to try and navigate unloading a wheelchair and wheeling it across the flow of traffic that is coming from a blind alleyway into the parking/ drive thru area. Additionally we would have to significantly alter the building in order to provide access at this location. Should we receive permission we would submit plans to Mr. Schneider in your code enforcement department for his review. Our goal would be to provide ADA access while limiting impact on the pedestrian flow as much as possible. The ramp would be located on the city sidewalk. It would be similar, but smaller, than the ramp at the front of this building. If necessary the sidewalk could be extended out in the area around the ramp if it is deemed necessary to maintain pedestrian flow. I appreciate your consideration of our proposal and hope that we can work together to achieve our goals and I look forward to your suggestions and response.

Thank you, Will Coleman

101 West Swanzey Road Swanzey, NH 03446 P - 603.352.9011, F - 603.358.6095 www.monadnockhumanesociety.org The best shelter is ... a compassionate community

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September 1, 2015 Keene Mayor and City Council Planning, Licenses and Development Committee 3 Washington Street Keene, NH 03431 To Whom It May Concern: This proposal is being written on behalf of Monadnock Humane Society's 28th Annual Walk for Animals to propose the use of the Access Road to the Wastewater Treatment Plant, the Dillant-Hopkins Airport terminal building (for volunteer headquarters) the surrounding field area and main parking lot for this event, held on Saturday, June 18, 2016 (with set up the day before - June 17th) Timeline and Description of Proposed Event

The Walk for Animals is an annual fundraising event for Monadnock Humane Society that raises funds necessary to operate. MHS is a private, non-profit 501 (c) 3 humane organization that provides quality care to more than 1200 animals each year and hosts a variety of community services and programs. MHS receives no federal or state funding it depends solely on the generosity of the community for its funding. The 27th Annual Walk for Animals was held at this facility on June 20, 2015. Overall, the event went off without incident. There were several vendors with tables and displays, and Monadnock Humane Society had several of their adoptable dogs who participated in the Walk. The DJ kept the crowd motivated and made announcements during the event to promote the programs and services we provide to the community. Several company mascots joined in the fun including "Ribby" from the Swamp Bats. There is always room for improvement/changes to the program and schedule but none will require any significant alterations to the original proposed plan. We will be happy to discuss any proposed changes to the plan below prior to the event. The proposed timeline of the event is as follows: • Friday, June 17th: o Sam - 5pm: Pre-event set up by Committee Members and Volunteers (tent set up, etc.) • Saturday, June 1gth: o 7 am: Set up by Committee Members and Volunteers o 9am - 10:00 am - Registration for Walkers in main tent (leaving access road clear for any WWTP traffic). The DJ begins with announcements and music and continues throughout the duration of the event. o lO:OOam: Parade/Walk Begins o 11:30 am: Award Ceremony o Noon: Picnic Lunch o 2pm: Event ends/Walkers depart o 2pm until completion: Clean-up by Committee members and Volunteers This past year, the Walk for Animals event brought in approximately 175 members of the community (including our volunteers and staff), and we estimate that number will increase at next year's event. People are already talking about the event! (continued)

Set Up and Event Format We will set up a large tent (40' x 60') which will be placed towards the far-side of the parking lot (same spot as last year), and this will be set up at least one day in advance. Tables and chairs will be placed under this tent along with the DJ and his equipment. There will be a 20 x 20' tent and two gas grills for serving lunch, and any other space will be available for walkers to rest and get water during the event.

Several tents will be set up for registration and tee shirt distribution. Port-a-Potties will be set up near the terminal as well as at the end of the Walk route on the Access Road. The "Parade" will kick off the Walk at lO:OOam and is traditionally led by two oxen from the Swanzey Open Space organization. Walkers and their dogs will be sponsored by donations they have collected previous to the event and will have the option of walking the entire road or a portion of it. There will be four stations along the Walk route with drinking water for the dogs and people, a pool of water for dogs to cool off, and snacks. At the end of the road, we will have a smaller tent where Walkers may rest before returning to the main event area. As the Walkers return to the main event area, a picnic lunch will be served along with music and an awards ceremony. The entire event is anticipated to go no longer than 2pm, after which the committee members and volunteers will commence clean-up. Safety and Clean-Up/Maintenance Dogs will be leashed at all times and no use of public roadways is requested or will be allowed. Dogs will not be permitted to wade into bodies of water along the access road as a safety and environmental precaution. All Walkers will be given plastic baggies to use to clean up after their dogs and trash receptacles will be placed intermittently along the pathway to ensure that no waste will be left behind. A clean-up crew of approximately 20 Committee members and Volunteers will walk the access road and surrounding areas to be sure that the area is thoroughly cleaned. Several volunteers will direct traffic for parking in an orderly fashion. _The gas grills used for cooking will be a safe distance from the large tent where guests will be gathered. A fire extinguisher will be available. All committee members will have cell phones available, and there will be a car parked at the far end of the Walk route in case someone needs a ride back to the main building.

Monadnock Humane Society will meet any/all standard insurance/liability requirements requested by the City of Keene and the Town of Swanzey. We understand that we will need to submit a Certificate of Liability Insurance along with any appropriate endorsements showing additional insured status on policy and compliance. We will work with the Keene City Clerk on this and any other necessary details. City Support Requested Support by the City is requested in the form of access to electricity for the DJ and for the sound system and for access to a water source for the dogs to drink and cleanup. We would also very much appreciate the use of the chairs and tables currently stored in the terminal as well as the restrooms for use by the volunteers and committee members .. If the City would prefer a police officer to be present the committee would be happy to comply. Monadnock Humane Society would like to emphasize that although great care has been taken to plan and organize this event; the committee is very flexible with any wishes or preferences of the City. The committee feels that the airport, access road, and surrounding area continues to be the ideal location for this event and therefore will do everything requested to obtain approval.

Monadnock Humane Society and the Committee for the 28th Annual Walk for Animals thank the Keene City Council for its consideration of this proposal. This fundraising event has a long standing tradition in the community and Monadnock Humane Society looks forward to hosting yet another successful event that will bring the local businesses and individuals together for a good cause.

erson for the 28th Annual Walk for Animals

MEJB - The Pub, Inc. 131 Winchester Street Keene, NH 03431

Honorable Mayor Lane and City Council City Hall 3 Washington Street Keene, NH 03431

2J August 31, 2015

Dear Honorable Mayor Lane and City Council: The purpose of this letter is to express our concerns regarding a proposed bar located at 141 Winchester Street within feet of the newly opened off campus housing known as The Mills. We realize that this has not gone before the planning board, but feel it necessary to express our concerns sooner rather than later. The proposed business is an 80 seat bar/eatery to be included in a building that currently has approximately 8 parking spaces and located adjacent to two off campus housing units. This location already houses Aroma Joe's which has seating for 40 patrons. As you know, parking in the Ralston Street area is limited with long established businesses fighting to keep their private parking areas available for customers. Currently, The Pub Restaurant is paying employees to monitor its parking lot to keep students and non-customers from parking in its lot. Should an 80 seat bar be allowed at 141 Winchester Street, the parking situation will become a more intense battle amongst the long established businesses on Ralston Street. It is our understanding that by city code, an 80 seat establishment is required to have 20 parking spaces. This does not take into consideration the parking needs of Aroma Joe's and employees of the entire 141 Winchester Street building. Currently, The Pub Restaurant is paying for off-site parking for its employees to make every space available for its customers. This is becoming more difficult as parking violators are parking in any available space in this area. The Pub Restaurant has been at the corner of Ralston and Winchester Street since 1969. With all the changes that have transpired in this area, and parking variances granted for new businesses, the City is giving the impression that long standing loyal businesses are no longer considered important to this community. Parking is vital to our business and The Pub should not have to go to costly measures to protect what is rightfully theirs. In an area that is highly congested with limited parking how can the city allow a business at this location that will increase parking demands? Another concern that is raised is with the type of establishment being proposed. Placing an establishment geared towards serving alcohol next to the two new off campus housing units should be a concern of the city as much as it is a concern of the local businesses in this area.

MEJB - The Pub, Inc. 131 Winchester Street Keene, NH 03431 The October riots are still fresh in everyone's mind. Having spent 18 hours protecting our property at 131 Winchester Street and seeing firsthand what happens when you mix alcohol with college students and young adults, I strongly urge the City to seriously contemplate the consequences of placing this type of establishment at this location. It is a well-known fact that alcohol and college students do not mix. The reputation of the City of Keene and Keene State College have been tarnished by the riots that transpired last October. Enrollment at Keene State College has decreased. Property owners in the area surrounding the college have expressed their discontent with the deterioration of their neighborhoods caused by out of control parties c-:nd lack of respect by these who live in the off campus housing. Placing a bar at 141 Winchester Street will do nothing to improve what has been lost with these property owner. Any progress The City has made in mending its relationship with these property owners and with its reputation will be undone. One other aspect that The City should seriously consider is the additional cost to The City for added police patrols assigned to this area. Since the two off campus housing units are privately owned, Keene State College security will not be monitoring the over 250 student housed in these units. Is this an expense that the citizens of Keene are willing to bear in their property taxes? I encourage you, The Mayor, and the councilors that represent the citizens, property owners, and businesses to consider the consequences of the proposed establishment at this location. The long established businesses in this city is what makes this the strong community it is, giving stability to those who live here. The Pub is one of these established businesses that has weathered the ups and downs for over 46 years supporting this community. Please, do not disregard the concerns that have been raised for an establishment that may have a negative impact on this City. It would be greatly appreciated if these concerns and this letter were sent to one of the three committees for discussion that will hopefully include seeking the input from the public safety departments as well as Keene State College administration. Also, please consider the parking needs in this area. This is a serious problem and a concern to all business owners along Ralston Street and should be addressed. Adding an establishment that will increase parking needs 'Ni!! only fuel the battle of the parking spaces and intensify the measures to be taken to protect each parking space that belong to the businesses in this area. Thank you,

Kimberly A loannou, President MEJB - The Pub, Inc.

Merri E.B. Howe, Vice-President MEJB - The Pub, Inc.

55 Ralston St. Keene, NH 03431

Keene Mill End Store, Incorporated D/B/A

NEW ENGLAND FABRICS - - & Decorating Center--

Phone: 603 I 352-8683 Fax: 603 I 352-0026 www.nefabrics.com

Aug. 31, 2015 Dear Mayor and City Council, It has come to my attention that there is a proposal for an 80 seat bar at 141 Winchester St. I must say that as a business owner on Ralston St., that I find this proposal more than a little concemmg.

We all know that parking has already become an issue in that area. I cannot see how an 80 seat bar with no parking spaces will not have a negative impact on the already stressed issue of parking. Between Aromas Joes and the proposed bar, it's obvious that this building cannot accommodate the needed parking. Because of this, the parking responsibility and related issues will become the problem of nearby business owners. I realize that the owner of the building can "rent" spots from nearby areas, but this really just shifts the parking problem from one business to another busisness and does nothing to actually solve the issue. With our business being so close, the fear is this parking problem will soon become our problem.... a problem which we cannot afford to have. Coincidentally, we also own the small building across the street from us at 60 Ralston St. A proposal to open a deli just recently came before the planning board. The deli will have no seating at all and will just be take out. I noticed that the board was adamant that he have enough parking for his establishment... 7 spaces I believe. I only hope that the council is as stringent in the bar proposal as they were with the deli. There is also a very real concern for safety ifthe proposed bar is approved. We all know of the ongoing issues of rowdiness from Keene State college students. Some of us who live and work in these areas see it on an almost daily basis. Adding a bar next to a 240 person apartment complex full of "young adults" will not be a good mix. Of course it wouldn't be just them that would visit the bar, it would be other college students and their friends. I won't go into detail about the constant battle and expense we incur because of litter, graffiti, and vandalism, but please understand it is a constant battle and at times a very expensive one. Thank you for listening and I hope you appreciate our ongoing needs as business owners. Respectfully,

Ron Parodi & Scott Parody co/owner New England Fabrics

Fabrics & More since 1934 FABRICS • YARN • SEWING MACHINES • WINDOW BLINDS • CUSTOM DRAPERIES ·SLIPCOVERS • UPHOLSTERY

P.O. Box 1076 Keene, NH 03431 August 31, 2015 Mayor Kendall Lane City of Keene 3 Washington Street Keene, NH 03431 RE: Revision of Keene's Noise Ordinance Dear Mayor Lane: We are submitting a formal complaint to the City of Keene regarding noise violations arising from timbering activity occurring on Hurricane Road between 2:30 AM to 7:00 AM during July and August 2015. Prior to this date our windows were closed because of cooler temperatures and we were out of town. As a result we are unaware of the exact dates and times in which some of these violations occurred. We believe, after numerous conversations with City personnel, the logger, and the trucker, that the noise ordinance as now written, is unenforceable in this situation and must be rewritten. At Wednesday's Municipal Services, Facilities and Infrastructure Committee meeting, city counselor~, law enforcement, and the city qttorney seemed to indicate the ordinance as written is not enforceable nor written in a way to cover this situation. As a result a logger and trucker, performirig activities seem to have more rights than that of a City of Keene taxpc;lyer/resident. The noise created by empty and fully loaded logging trucks, traveling on a private road, on Hurricane Road, and additionally turning C;tround on a private lot, repeatedly shifting gears in a loud manner, accelerating and decelerating, severely disturbed our sleep on multiple early mornings (often five mornings a week). During July 2oththrough August 18th, 2015, logging trucks from Cutting Edge Timber Harvesting, Marlborough, NH operated on Hurricane Road in Keene at varied times, for example, approximately 2:30 AM, 3:40 AM, 5:08 AM, 6:15 AM, and continued through the afternoon. Sorpe early mornings these logging trucks passed our home seven times between the hours of 2:30 AM and 7:00 AM. The noise from these trucks made sleep impo~sible. After repeated phone calls to the City of Keene Assessor's Office, the City of Keene Police Department, Cersosimo Lumber Company, Brattleboro, VT, and Cutting Edge Timber Harvesting, Marlborough, NH, and the town of Westmoreland, we finally called the police to dispatch an officer at 5:20 AM on August 13. This had been suggested to us by the City of Keene Police Department.

In our view, the following violations occurred, as noted in Section 66-123 of the Noise Ordinance: It shall be unlawful for any person to make, permit, continue or cause to be made any noise which annoys, disturbs, injures or is likely to endanger the comfort, rf;Jpose, health, peace or safety of others within the city limits. For the purpose of this section, persons shall include the owner, tenant, or other person in control of a prfvate place who permits or allows noise that can be heard in a public place or other private place .... We were awoken most mornings between the hours of 2:30 AM to 7:00 AMoften up to 3-4 times before we gave up on sleep. Section 66-122 Definitions: Annoy means to disturb or irritate, especially by continued or repeated acts; to bother with unpleasant deeds; to do something to upset or anger someone; to be troublesome; a feeling of discomfort. Disturb means to agitate, to arouse from a state of repose ... (3) rapid acceleration by means of quick upshifting of transmission gears with either a clutch and manual transmission or an automatic transmission. We were later told the loading was taking place in Westmoreland, NH, and therefore not a violation of a Keene ordinance. However, no serious investigation of the activities was conducted. The noise from the truck, driving down the "private" Fire Tower Road occurred in Keene; repeated driving and shifting of truck gears occurred on both the Fire Tower Road and on Hurricane Road; noise from the trucks entering, turning, and backing up, shifting gears repeatedly, occurred on "privqte" Keene property close to our home. All of this potentially falls into the areas listed in Section 66-124: Between 11 :00 PM and 7:00 AM, noise created by a. The operation or use of construction vehicles to include but not be limited to bulldozers, graders, dump trucks, backhoes, earthmoving equipment, front,end loaders, and log skidders. c. The operation or use of agricultural equipment, to include but not be limited to tedders, balers, and tractors. Section 66-125 states: Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefore has been granted by the city or other public authority. Is it appropriate that Cersosimo Logging Company having been issued a permit has the right to consistently disturb Keene resident's during the hours of 11 PM and 7 AM? The City of Keene Assessor's Office and the Police Department both were extremely helpful and considerate of our concerns. Multiple calls were made to Cersosimo Logging Company (owner of the land directly across from our property), who has a current logging permit and use of the privately owned Fire Tower Road. Gaining all the facts, including that they had contracted out to Cutting Edge Timber Harvest of Marlborough, NH, was very frustrating and it was clear no consideration was given to us as neighboring property owners until the City of Keene Police became directly involved.

As property owners in the City of Keene, we are disappointed that a business is not required to follow the same rules and regulations that property owners/citizens are required in a rural setting with rnany private residences n(3arby. It is interesting that we are not permitted to run our lawn tractor between the hours of 11 :00 PM and 7:00 AM, although a truck can repeatedly create noise between those hours, on a public road and on private property. We have been told that the operation of the trucks is over although we are unaware if they have completed their total logging efforts. We hope that the City of Keene will take a thorough look at this ordinance so all residents of Keene are protected from this type of disturbance in the future. Thank you for your attention to this matter. Sincerely,

Debra S. Bowie and Dwight W. Bowie

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City of Keene NEW HAMPSHIRE

August 26, 2015 TO:

Mayor and City Council

FROM:

Municipal Services, Facilities and Infrastructure Committee

SUBJECT: PRESENTATION -New Hampshire Department ofTransportationConstruction of a New Multi-use Trail Bridge Over NH Route 12/101 - aka South Bridge

On a vote of 4-0, the Municipal Services, Facilities and Infrastructure Committee accepted the report from New Hampshire Department of Transportation as informational.

Background: Ron Grandmaison, Project Manager from the New Hampshire Department of Transportation (NHDOT), stated that he is here with Jason Tremblay, a Bridge Engineer from NHDOT, to present the infamous South Bridge. He continued that the bypass project has been around for a long time. NHDOT did interim improvements, such as the two-lane roundabout at Winchester Street, and improvements on West Street, the Ash Swamp Brook area, and Base Hill Road. This project is part of the overall bypass improvements. Mr. Grandmaison continued that South Bridge was slated to advertise as part of the Ten Year Plan in 2021 but there are surplus Transportation Enhancement (TE) funds, which allow NHDOT to do improvements for bicycle and pedestrian paths, and the South Bridge project was one of the only eligible candidates for that lapse in money. Thus, NHDOT accelerated the project. They knew the City would love to see it happen faster than 2021. This pedestrian bridge will mirror North Bridge more or less. It will of course be shorter, and will connect the Ashuelot

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Rail Trail from south of Route 101 into the city of Keene. They have about $2 million in TE funds for this. South Bridge is one of the thirteen structures that are part of the bypass project. He continued that there are some outstanding issues he needs to address with Public Works Director Kurt Blomquist and the City Council regarding maintenance, ownership issues, and possibly aesthetics. He hopes to bring this to the City Council next month. Jason Tremblay, from NHDOT's Bureau of Bridge Design, showed a map of the area on the easel. He explained that the Ashuelot Rail Trail is just west of the Route 12/ 101 over the Ashuelot River Bridge and also west of Main Street. Right now there is no connection between the north and south portions of the trail. That is where the bridge will go. Currently there is no bridge but there are 10-foot wide dirt paths on either side. The area is relatively flat. The proposed bridge is a contractor-designed superstructure similar to North Bridge. He continued that shown here are the existing plans from North Bridge, which their South Bridge proposal will mimic, as much as possible. The piers and abutments will be designed. The piers will be on piles and the abutments will be on spread footings. The span configuration will be three simple spans, of 70 feet, 200 feet, and 70 feet, for a total length of 340 feet. The reason is for 200 foot span: there are 48 feet of existing width with NH 12 and 101. There is an interim project, and there will possibly be a future widening that adds about seven feet, but then there is the "ultimate widening" - which Mr. Tremblay stated he does not know what the lane configuration will be, but it will be 130 feet long. This bridge will accommodate all of the forthcoming projects, if and when they happen. Mr. Tremblay continued that they will still maintain a 10-foot wide dirt path up to the bridge. The bridge will also be 10 feet wide to accommodate bikes and pedestrians. They need 18 feet of clearance over the road, so to do that they need to raise the grade of the bridge, starting with a 7.9% approach to the crest of the bridge, then leveling out, then having a 7.9% grade back down the other side, to clear the road. The path will still be on a horizontal alignment straight across so it will tie in at both ends, but it does extend the length of the fill work. They will put up a chain link fence where they have slopes up the side and the fence will stop when it gets flat. They will catch water that is coming off the bridge, in a couple catch basins at the end. Mr. Tremblay continued that all of the work stays within the State-owned right-of-way so they do not have to impact anyone's property. There are overhead utility lines belonging to Eversource. There will be a slight bit of fill underneath but not at a height that would encroach upon the lines. A sewer line runs about 17 feet away from a pier, and that will not be impacted, either. The piles will be driven below the sewer line. The project will impact some delineated wetlands. They have applied for a wetlands permit and anticipate receiving it mid-September. Regarding traffic control, currently pedestrians can walk up to a certain point before reaching a gate that is intended to stop them from crossing, although some people still cross. NHDOT intends to shut down the path from Krif Road to the south where it intersects, with a sign indicating construction. To the north there is the parking lot to the northwest and tennis courts to the northeast, and they will have another sign to stop pedestrian traffic there. Pedestrians will have a detour and can cross underneath the road.

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Mr. Tremblay continued that all the work takes place outside of the roadway so they do not anticipate impacting the 23,000 vehicles per day that travel on Route 12 and 101. When they place the 200-foot span, they will have to close the road for about half an hour, which they anticipate doing at night. It is possible they would have to detour traffic. They will talk with City staff about the possibility of using Winchester Street and Main Street as a detour. When they pour the concrete deck, which will be done during times with lower traffic volumes, he anticipates that there would be some lane shifts and possibly one-way traffic shifting from side to side and directed by a Police Officer. But the majority of the work takes place outside of the main road. Mr. Tremblay concluded that the project is scheduled to advertise at the end of September and be complete in the fall of 2016. It will cost about $2 million. Mr. Grandmaison stated, in closing, that this has been around for a while. He continued that they did a little work in 2005 and 2006. From the drawings it looks like a big bridge, but that was because NHDOT was requested to make sure it did not preclude them doing the bypass in the future. NHDOT was able to accelerate this project to utilize the funding that became available. Vice Chair Jones asked, for the record, if this is funded entirely by NHDOT and will not cost the citizens of Keene anything. Mr. Grandmaison replied that it is 80% TE funds and 20% State match. He continued that for the most part, they are using turnpike toll credits. Vice Chair Jones asked if Keene State College's (KSC's) intent is to use this as a connector from campus to the athletic fields. Mr. Grandmaison replied that allowing more convenient access was the original intent. He continued that where the parking lot, tennis courts, and bridge was over the Ashuelot River, that was a straight shot down the rail trail, but now they have to go underneath Route 101 at the river crossing. The intent was to allow that and equestrians. He is not sure if they are allowed in the city limits. They also were not sure if the City allows snowmobiles on the trail. The bridge would accommodate a groomer. The bridge is meant to allow unimpeded access for KSC and the other trail users. Vice Chair Jones asked ifit would be okay for KSC's golf carts to use South Bridge. Mr. Grandmaison replied that motorized vehicles are not allowed on any part of the trail from where we are south. He would have to check with the Rail Bureau, but he thinks the right-of-way agreement means they are not allowed. He received a call from someone at KSC who wants to bring lawnmowers across South Bridge once a week, and he is checking to see if that is allowed. Vice Chair Jones asked if the public had questions or comments. Charles (Chuck) Redfern, of 9 Colby Street, stated that this project started in about 2002. He continued that that it was part of the bypass improvement project that was to be started at about that time. They were going to have a series of bike trails outside and inside the bypass as well as this bridge, and maybe North Bridge, but he is not sure. The State of NH was taken to court by the Law Conservation Foundation. What they were challenging: a lot of the roadways that were being improved or upgraded would have fairly extensive improvements (and that is subjective). There was an active group of people who wanted roundabouts to be an alternative consideration. 3

The case was settled and part of the settlement was that South Bridge would be included - South Bridge was court-mandated as part of the interim improvement process. Mr. Redfern continued that there was an ad hoc committee set up to work between NHDOT and the City. Members included employees and elected officials from the City, interested members of the public, and NHDOT staff. That process lasted a few years. The committee received public input, and the opportunity to give input was well publicized in newspapers and on the radio. A coalition of members of Pathways for Keene (PFK); members of the Bicycle Pedestrian Path Advisory Committee (if it was formed at that time, which he is not sure of); equestrians; snowmobilers; bicyclists; and pedestrians were all advocating this trail infrastructure and that was well known by the public. They were there to ensure that the trail system remained multiuse. That needs to be considered by NHDOT. NHDOT gave assurances that it would be a multi-use bridge. He does not know what that means for the surface of the bridge, to accommodate snow ifthe City Council allows snowmobiles - that would probably take an action by the City Council. Mr. Redfern continued that members of the public and PFK expressed support for South Bridge at many ofNHDOT's public hearings about the Ten Year Plan. South Bridge was the settlement feature that survived the court challenge. The snowmobile clubs in Keene have supported this. The City Council has expressed support for this in past years, specifically to request that the design be modified. A citizen gave input into the process with State officials and was able to identify cost saving measures that approximately cut the cost of the bridge in half. That is why Mr. Tremblay referred to the sewer line - it would have to be relocated if they use the grasshopper design, but no relocation is needed with the North Bridge design concept. Mr. Redfern continued that money for this project comes from lapsing TE funds from other areas of the state and maybe the country. TE funds are a small percentage of the general highway revenue that comes in, mostly from gas taxes. They have to put a small amount aside for TE projects. This is part of that bucket of funds that other communities were not able to utilize. The State realizes that this location in Keene is a safety issue with pedestrians crossing Route 101. He has noticed at least three near collisions, caused when a car stops to let a pedestrian cross. It is great to see that the city has this opportunity to use these funds that would lapse otherwise. Mr. Redfern asked ifthere is a date for going out to bid for the initial process. Mr. Grandmaison replied yes, September 29, 2015. He continued that they will advertise to the contracting community and receive bids with a deadline of three weeks later. Mr. Redfern stated that Jay Kahn, former Interim President of KSC, wrote a letter in support of South Bridge, recognizing that it would allow students to access KSC's athletic fields and use the trail system. He continued that South Bridge might also make KSC's maintenance work more convenient. Currently employees transport maintenance equipment through Winchester Street and Krif Road and that increases traffic. South Bridge will be wide enough to allow them to transport maintenance equipment across it and he encourages that. Mr. Redfern concluded that getting to where they are now with South Bridge is the result of about 100 people.

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Mayor Kendall Lane stated that he was the longtime chair of the Transportation Advisory Committee of the Southwest Regional Planning Commission (SWRPC), which assists in the development of the Ten Year Plan. He continued that it is an understatement to say that this is welcomed by Keene - they have been waiting for South Bridge for a long time, and very much want to see it happen. The City strongly supports, encourages, and recommends going forward with it. He expects that the MSFI Committee strongly supports this proposal. It would be a benefit to the extension of the trail, which has a major impact on the quality oflife in this region, and it would have a significant impact on KSC. The Mayor continued that he would prefer KSC bring their golf carts and maintenance equipment across South Bridge instead of using the roads. Many people find the existing bridge under the Ashuelot River on Route 101 somewhat unsafe, and dislike using it. It is unsuitable for golf carts because it has stairs. The ownership of that bridge is in question; whether it is owned by the City, State, or KSC is not clear. Maintenance of it has always been questionable. Being able to use South Bridge would be a major improvement. Mr. Redfern is correct that many people cross Route 101. He continued that he was there today and saw people crossing from one side to the other in the midst of heavy traffic. The Mayor continued that when traffic volumes call for it, there is a proposal for widening Route 101 between Winchester Street and Main Street to four lanes. The ultimate plan is a width of 130 feet. Part of the reason he is here tonight, other than to speak strongly in favor of South Bridge, is to make sure the design includes a span wide enough to allow for that ultimate construction to take place when traffic volumes require it. It appears that that is part of the consideration. He is in favor of moving forward as fast as possible. A major part of the reason those TE funds became available is that the TE program was discontinued. Now it is lumped in with several other programs, into a catchall fund, by the United States Department of Transportation (USDOT). Part of the problem is that the Federal Reauthorization has been awaiting approval for 6 or 7 years, and they are still operating on continuing resolutions. Reliance on federal funds has become problematic. He continued that moving the South Bridge project from 2021to2016 is a tremendous benefit to the city and the City of Keene strongly welcomes it. Vice Chair Jones stated that Mr. Grandmaison said that it is against the policy of the trail system for golf carts to go across the highway. He asked if they can address that. The Mayor replied yes, by working with the New Hampshire Bureau of Trails. He continued that a representative from that agency was present this morning at the ribbon-cutting ceremony for the new phase of the trail going from Whitcomb's Mill Road to Hurricane Road. Andrew Bohannon, Parks, Recreation, & Cemeteries Director, and other City staff, will be happy to work with USDOT to try and address that issue. Thom Little, of 1 Central Square, stated that this an absolutely fantastic design. He continued that it will be around for 100 to 150 years and will make a positive statement about the community. He could not tell from the original plan where the property line was. He is happy to hear it is all on NHDOT property and there will not be any delays in getting approval. That is one thing North Bridge did not have. North Bridge had a narrower footprint they had to stay

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within and that drove the cost up. It is great that South Bridge is all going to be inside the NHDOT right of way. Mr. Little continued that when he first came to Keene, he noticed that the underpass was very brightly lit, and asked why. The Police Department told him that it was because it is the biggest crime area in the City. North Bridge's design did not include a future plan for lighting. He asked if the South Bridge design has a lighting plan. Not necessarily initially, but sometime in the future, lighting could be added to that entire section. It would make sense, considering the location, to have the path lit all the way back to KSC's main campus, for when there are night events at the athletic fields, for example. Mr. Grandmaison replied that currently NHDOT was not making accommodations for lighting, and in fact they are turning lights off in the state, but that is something they can accommodate in the future, possibly putting piping or conduit for lighting there attached to the bridge if necessary. Vice Chair Jones stated that the City can discuss lighting when they are negotiating with NHDOT. He thanked Mr. Little for all of the input and energy he put into this project. Mr. Little stated that it is curious that the span between piers of North Bridge and South Bridge designs are identical, both at 200 feet. He continued that it is kind of unusual, based on the expected weights. South Bridge will be concrete, which will be much heavier than North Bridge, which is wood. He wonders about the identical 200 foot width. Mr. Tremblay replied that they talked with fabricators to make sure what they can do, and they can do timber decks or concrete decks. He continued that NHDOT made sure they had the proper depth to get the 18 feet of clearance, so they have enough clearance to maintain the profile and also vary the depth to accommodate the extra weight. It is not "extra" weight - if it were a timber deck, yes, the members would be slightly smaller because it is lighter weight. They will put wording into the proposal that it has to maintain a concrete deck and it will be designed appropriately by the fabricators. Mr. Little stated that South Bridge has to carry snowmobiles and they would shred the timber, if the surface were wood. Mr. Grandmaison replied that accommodating snowmobiles was a prerequisite. He continued that ifthe City would not allow snowmobiles, NHDOT could modify the design and use a timber deck instead. But maintenance is considerably less with a concrete deck. H. Gregory Johnson, of 329 Sawyer's Crossing, Swanzey, stated that he was invited tonight by a letter from NHDOT. He continued that his first issue is aesthetics - North Bridge is "an eyesore" for someone who grew up in this area. Over the years they have all worked hard to maintain a beautiful landscape, mountains, foliage, etc., and to him these bridges do nothing for the aesthetics of the community. He continued that his next issue is: he walks the trail almost every day, south of Rt. 101, for health reasons and to enjoy nature and wildlife. He can count on one hand the number of people he sees walking the trail that comes over Rt. 101, other than the people who come through the current bridge that KSC students use. That bridge already gives access across the highway. 6

Why build another "eyesore" bridge? He thinks trying to have a common working relationship with KSC, and upgrading the bridge that goes under the highway, which comes directly form campus, would be something to look at. South Bridge would hit the border of KSC but not be right in the middle of it the way the current one is. Mr. Johnson continued that his other concern is: he believes that someday, maybe in 50 or 100 years, the rail will return to this community. We talk about our forefathers' [planning for the future], but we are in that position now - thinking about how to transport people and product 50 or 100 years from now. He is in the commercial real estate business and works with people in the Department of Resources and Economic Development (DRED). He was working with an industry that was thinking of purchasing property in Keene but chose not to because there was no rail and it would have cost too much to get their product to Brattleboro, where there is rail. Another industry, too, chose to go to Claremont instead of Swanzey because of access to rail. He cautions then to not rule out the fact that someday they will have rail again. Mr. Johnson continued that in 1986 he was a commercial real estate broker when the City and Guilford Industries sold the railroad land. A chunk went to the City and the other pieces went to the private sector. He received a letter from a man who was, back then, with the New Hampshire Railroad Department in Concord. This letter says to make sure that whomever he (Mr. Johnson) works with on the sale of the land that the City is clear that they would always maintain a rail corridor for future use. The letter references RSA 228:60-A, which states: "No railroad right-ofway in this state shall be used for any purpose that would unreasonably limit the ability to restore rail service over the right-of-way at minimum cost if such service were to be required in the future." He continued that then it went on to say, "No railroad right-of-way that existed prior to the year 1969, except those that are in present use or have been in use by the railroads at any time since 1969, shall be subject to the provisions of this section." Mr. Johnson continued that he received a letter from a local historian who said that his records show that the last freight shipment to Keene was in November 1982 and Green Mountain Railroad formally discontinued service in November 1983. They are supposed to follow the State statute. He does not think the MSFI Committee can tell him there is a railway right-of-way set aside in the downtown area of Keene. The State can come in and take land. They should look at Section 216-F: 1, "Acquiring a Statewide Trail System," in Chapter 216-F about the Multi-Use Statewide Trail System. There is a lot of information they should not throw out just to forget about railroads and focus on bicycles. Mr. Johnson continued that he has two trail bikes, an ATV, and a snowmobile. He loves biking and walking and nature trails. Every year he registers his trail bikes and snowmobile and pays substantial money. He was told a portion goes to maintenance of rail trails. He read aloud from Section 216-F:2, which states, in part: "The trails within the system shall be held, developed and administered under this chapter primarily as recreational trails for hiking, nature walks, bird watching, horseback riding, bicycling, ski touring, snowshoeing, snowmobiling, mushing, and off-highway recreational vehicles and the natural scenic beauty thereof shall be preserved insofar as is practical."

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Mr. Johnson continued that tonight's meeting is a formality and South Bridge will probably be built. A 12-year-old was killed trying to cross Route 12 on an ATV a few years ago. He hopes that if this does get built it will accommodate motorized vehicles. It is only fair. Bicyclists pay nothing, but motorized vehicles are taxed and also require the purchase of fuel. Arthur (Bud) Windsor, of 28 Bush Hill Road in Swanzey, stated that he is the Director of the Physical Plant and Grounds at KSC. He continued that KSC is excited about South Bridge. Most of their maintenance equipment lives on Krif Road but some smaller pieces of equipment do go back and forth. He talked with Mr. Grandmaison and let him know that KSC is interested in being able to travel back and forth on South Bridge with maintenance equipment. Right now they take tractors through the roundabout, which is dangerous. They would be very interested in using South Bridge probably daily. Jay Kahn, of 135 Darling Road, stated that he is the Vice President of Finance and Planning at KSC. He continued that from his perspective, safety is most important. Safety should guide decision making. He hopes safety guides NHDOT's sense of priority. Anyone who has tried to cross the road has found that it is very dangerous and not easy, throughout the day. Traffic speeds are not conducive [to pedestrians crossing]. He compliments NHDOT and applauds everyone who has put their dedication and minds to this. It has been a long time coming. Mr. Kahn continued that when he first came to KSC about 30 years ago, the underpass access was explained to him as a temporary solution. Sometimes it becomes the easiest course to preserve that temporary solution instead of doing what is right. It has been a safety hazard for a long time and is not a permanent solution. With regards to the entry point to the main body of the campus, that is as peripheral as the rail trail. There are students who cross the rail trail on a daily basis because of the Winchester Street parking lot. They have as many people crossing the rail trail on the west side of the campus across the Ashuelot River as there would be using the underpass. It is one edge of the campus versus another. He does not see that as an issue, with all due respect to Mr. Johnson. He continued that regarding Mr. Little's question about lighting, in regards to KSC's and the City's participation in improving the trail between Route 101 and Winchester Street onto Emerald Street, they have had a strong need for lighting along that path. It is heavily populated. It has been a gruesome task, quite discouraging, on the part of State officials, to put lighting along that path. At any time it has been requested in the past it was a matter of inappropriateness to suggest that anyone else put it there or that the State consider the safety that might be associated with adding light along the trail. It is a byway for pedestrian and other alternative transportation and the lack oflighting is not in the best interest of the primary goal of safety. Think of the safety that is needed between Krif Road and Emerald Street. As much as they can do to try and correct the lack of lighting will improve one's use and safety. Vice Chair Jones stated that Mr. Kahn and Mr. Winsor presented to the City a couple years ago about a walkway along the river. He asked if they had South Bridge in mind then. Was there a connection? Mr. Kahn replied that that probably included PFK, the City, and KSC. He continued that they partnered with that. KSC contributed staff and funding to that collaborative effort. They erected lights on both sides of the bridge there so that they could at least light the 8

pathway that crosses the college into the parking lot on the other side, but they cannot light the walkway. The lighting is outside ofNHDOT's easement. It was a work-around, the best that they could do, given the resistance to installing lighting. He continued that Vice Chair Jones is correct: they did anticipate that they were contributing to a future path. Mr. Johnson asked ifthere was any research done about putting South Bridge underground. He continued that the elevations and slopes could allow for that. Mr. Grandmaison replied that all of Keene is in a floodplain. They would not be digging in any way, shape, or form due to that fact. Any large storm event tends to cause flooding and this would be underwater and impassable. Susan Thielen, of 45 Kelleher Street, stated that she loves this project and has been waiting for it for years. She continued that regarding safety issues, she is on the path fairly often, and has seen many students and other citizens cross Route 101. She holds her breath every time she sees it. Once she saw an older man get hit by a car. He had minor injuries. It is a real safety issue. They owe it to KSC and the community. It is interesting to be out there when the lights go out. Lighting would be helpful. Ms. Thielen continued that she has a real hesitation with allowing motorized vehicles on South Bridge. She thinks KSC should be able to bring their necessary maintenance vehicles across, but she is not sure about snowmobiles and ATVs. She recalled that when she was cross-country skiing on the trail, she was hit by a snowball due to a passing snowmobile. There are so many pedestrians, and snowmobiles "sound like chainsaws." ATVs are dangerous and a ten-foot trail is not wide enough for A TVs to safely pass pedestrians. It is dangerous to walk a dog in the presence of snowmobiles. Electric bikes are appropriate. Snowmobiles and ATVs are inappropriate. This is an important safety issue. It would improve the quality of alternative transportation in the city. Toby Tousley, of 499 Washington Street, stated that this is a great project. He continued that he thinks North Bridge is ugly but serves a good purpose, and the same would be true of South Bridge. He asked if the underpass will stay or go away. Will it still be a liability? Will it just deteriorate? Mr. Grandmaison replied that the original intent was to discontinue that underpass when building South Bridge. He continued that ifhe walked under there now, he would have to duck down. Both NHDOT and the public see that it is a safety issue. NHDOT does not currently have a plan. Discontinuing the underpass was not part of their plan. That needs further conversation between NHDOT and the City. Mr. Redfern stated that he has answers to some of Mr. Johnson's questions. He continued that in regards to the eventuality of rails corning back for transporting freight and passengers, the whole idea behind the federal government giving money to use these as rail trails is to make sure they stay intact in case rail comes back. That way they do not have to spend hundreds of billions of dollars to try and reacquire rail beds. Mr. Johnson is correct - maybe after our lifetime it is a possibility. They will be preserved for the most part. The tricky part is around the hotel.

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Mr. Redfern continued that regarding the design of South Bridge not being to Mr. Johnson's preference, the City had conducted a vision process for what the bridge would look like. The preferred design had more votes than the North Bridge design but would have cost twice as much to build. That is why one of the City committees decided not to use the preferred design. A design like North Bridge's was the most efficient for purposes of cost and safety. It has ample railings and it serves a safety purpose; there is more to it than just the look of it. It looks historically sort of like a railroad bridge. Mr. Johnson stated that he was involved in the sale of the railroad property 30 years ago. He read aloud from the letter he received from John R. McAuliffe, Railroad Administrator from the Bureau of Railroads in 1986: "!would like to call your attention to the fact that a statute (RSA 228:60-A) which [sic] precludes the development ofrailroad right-of-way in such a manner as to prevent its future use as a railroad Previous discussions with interested parties in Keene, NH and former Commissioner John Clements agreed that in the event the railroad property was to be developed in such a manner as to prevent its being used as a railroad, a substitute corridor would be provided." He continued that Keene never came up with that. He remembers those meetings from 30 years ago. When this railroad land was sold on the east side of Main Street they did not take that into consideration. They said they could always run the rail tracks down Cypress Street and Emerald Street; it was all "goofy talk" back then. He is submitting this document for the record. Planning Director Rhett Lamb stated that he wants to remind the MSFI Committee that many of the rights-of-way, including the railroad property, included provisions in the deeds (because they were owned as easements) that at the time the railroad no longer was using the property the deeds would revert back to the adjoining owners. So, there are probably conflicting circumstances between the statutes referenced and the actual rights of adjacent property owners. They might remember the reversionary rights associated with some of the land as they were acquiring and then developing on the railroad property. He would also argue that with the exception of the area that crosses right in front of the Monadnock Food Co-op and the development at the Marriott, that is still an open corridor, preserved by the use of the trail. Vice Chair Jones stated that he wants the background notes to include the issue of addressing the lighting, even if that means putting in a conduit to begin with and doing lighting further down the road, and Mr. Johnson's question about aesthetics. He continued that North Bridge looks like an old railroad bridge. Some people call it a "rusty erecter set." People say "build a bridge people will remember when they go over it." He is not asking for an answer now. Councilor O'Connor asked, ifthat underpass was to be given up, would KSC be interested in keeping it open? Mr. Winsor replied that he has discussed that with Mr. Kahn. He continued that the other issue is the bridge that goes over Martell Court to the fields. It is in bad disrepair. In discussions with Mr. Kahn, they thought that when South Bridge goes up, the Martel Court bridge would probably go away and then there would be no need for the foot bridge underneath to get to the fields. That is not etched in stone but that was Mr. Kahn's feeling at the time.

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Vice Chair Jones stated that as part of the discussion they would ask the City to talk with NHDOT about what the Mayor was talking about - the possibility of allowing the college to use South Bridge with motorized vehicles. Mr. Grandmaison replied yes, he does not have an answer yet; they are working on that. Councilor O'Connor made the following motion, which was seconded by Councilor Redfern. On a vote of 4-0, the Municipal Services, Facilities and Infrastructure Committee accepted the report from New Hampshire Department of Transportation as informational.

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City of Keene NEW HAMPSHIRE

August 26, 2015 TO:

Mayor and City Council

FROM:

Municipal Services, Facilities and Infrastructure Committee

SUBJECT: COMMUNICATION - Southwestern Community Services - Requesting Assistance of Public Works in Performing the Necessary Site Work to Install a Fire Line for Sprinkler System and MEMORANDUM - Human Services Manager - Request for Assistance - Sprinkler System

On a vote of 4-0, the Municipal Services, Facilities, and Infrastructure Committee accepted SCS' s communication as informational. On a vote of 4-0, the Municipal Services, Facilities, and Infrastructure Committee recommends that the City Council approve the request of Southwestern Community Services to authorize the Public Works Department to perform the site work necessary to install a fire line for the shelter facility located at 32 Water Street.

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Background: Vice Chair Jones stated that they will address agenda items #3 and #4 together. Tyler McGrath stated that he is the Emergency Planner for Southwestern Community Services (SCS). He explained that he runs the shelters during the day.

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Vice Chair Jones asked what the location of the sprinkler system is. Mr. McGrath replied 32 Water Street, where the emergency homeless shelter is. Councilor Redfern asked ifthere is no sprinkler system there at all. Mr. McGrath replied that the shelter on Roxbury Street has one, but the shelter on Water Street does not. Vice Chair Jones asked if this sprinkler system is required by the City Code, or if it is a safety precaution. Mr. McGrath replied that it is a safety precaution. Councilor Redfern asked how many people are at the Water Street shelter. Mr. McGrath replied that there are five bedrooms with 20 beds total. Elizabeth Sayre, Human Services Manager for the City of Keene, introduced Sandy Clark from the Keene Housing Authority (KHA), which owns the property at 32 Water Street. She continued that she is asking that the MSFI Committee recommend the request from SCS to authorize the Public Works Department to perform the site work necessary to install a fire line at the shelter facility at 32 Water Street be approved. In 2010 the City provided this service to the Roxbury Street shelter and to Hundred Nights shelter. These agencies have worked with Public Works to come up with a plan. The City of Keene's labor cost would be $2,300. The project would be complete before the end of the construction season. It is a safety issue. Maybe the Fire Chief would speak to code issues. It is always in their best interest, when there are large groups of people in a building, to have a sprinkler for safety purposes. Ms. Sayre continued that SCS has been providing shelter for more than 30 years. There were more than 3,700 bed nights to Keene residents in 2014 alone in the two shelters. Human Services works with SCS very closely to make sure that when people hit bad times they have a place to go. SCS also provides case management and works with Human Services, meeting with the same shelter residents that Human Services meets with, to come up with plans to end people's homelessness and become permanently financially self-sufficient. The Fire Department says that a sprinkler system would be a benefit. They would like the committee to consider this recommendation. Vice Chair Jones stated that they would call this an in-kind service for two non-profits that provide vital services to the city. Ms. Sayre replied absolutely. Vice Chair Jones added that they would not be setting a precedent, because this is something they have done before. Councilor O'Connor asked ifthe building is hard-wired for smoke detectors. Sandy Clark, of 631 Plain Road in Hinsdale, Facilities and Asset Manager for KHA, replied that it is. She continued that it has a fire panel system that was upgraded to an addressable system to match the fire suppression system. They had Tattersall Electric do that work. There are hard-wired smoke detectors throughout. They will get the water line put in and the sprinkler system will follow. It is connected to a phone system that notifies in case of emergencies. Vice Chair Jones stated that Ms. Sayre's letter does not include commentary from the Public Works Department. Ms. Sayre replied that Donna Hanscom would be happy to address the committee. 2

Donna Hanscom, Public Works Assistant Director, stated that the Public Works Department is capable of doing this work. She continued that they cannot do it in September but they will do it before the asphalt plant closes sometime in November. Materials and actual out of pocket cost is about $1,300 from the Public Works' operating budget and about $1,000 in man hours. They can cover this type of work from the operating budget on an occasional basis. They try not to do service work because they have a lot of maintenance work that keeps them busy. However, hey can do this if the City Council wants them to. Vice Chair Jones asked if any members of the public had questions or comments. Hearing none, he asked for thoughts of committee members. Councilor Manwaring stated that since The City has done this in the past, she sees no reason not to do it for the Water Street shelter. She continued that they want people to be safe. Vice Chair Jones stated that SCS and KHA provide a vital service to the City. Councilor O'Connor made the following motion, which was seconded by Councilor Manwaring. On a vote of 4-0, the Municipal Services, Facilities, and Infrastructure Committee accepted SCS' s communication as informational. Councilor Redfern made the following motion, which was seconded by Councilor O'Connor. On a vote of 4-0, the Municipal Services, Facilities, and Infrastructure Committee recommends that the City Council approve the request of Southwestern Community Services to authorize the Public Works Department to perform the site work necessary to install a fire line for the shelter facility located at 32 Water Street.

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City of Keene NEW HAMPSHIRE

August 26, 2015 TO:

Mayor and City Council

FROM:

Municipal Services, Facilities and Infrastructure Committee

SUBJECT: COMMUNICATION - Councilor Filiault - Suggested Amendment to the Noise Ordinance

On a vote of 4-0, the Municipal Services, Facilities, and Infrastructure Committee recommends that the City Council direct staff to draft an Ordinance for first reading that would amend the time restriction in the noise ordinance to 10:00 PM.

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Background: Councilor Randy Filiault stated that the noise ordinance was changed in 2011. He continued that a few weeks ago when he was on a ride with the Keene Police Department (KPD), a noise complaint in the Willow Street area was brought to his attention - there were young people moving back into the neighborhood loudly and without respect for neighbors, at about 10:15 PM. The police pointed this out and asked him why the noise ordinance changed from 10:00 PM to 11 :00 PM, because now they do not have the teeth to enforce the ordinance until 11 :00 PM. He looked into it and found that no one knows why it was changed in 2011. He looks at this as housekeeping. The officers he was with encouraged the City Council to change the noise ordinance back to 10:00 PM. For people who live next to noisy neighbors, where the police cannot respond until after 11 :00 PM, it is difficult to get a good night's sleep. Changing it back to 10:00 PM would benefit these people who have to get up early in the morning. This is not a 1

complex change; it is simple. Time is of the essence. A lot of people are currently moving back into town, and not all of them will be respectful. They have to give the KPD the teeth to enforce the ordinance. Councilor Redfern asked why the ordinance was changed in 2011. Councilor Filiault replied that no one really knows. He continued that he spoke to the Mayor, the City Clerk's Office, and other City staff members, and no one has a specific answer. He has not heard objections from anyone about moving it back to 10:00 PM. Vice Chair Jones added that he was on the City Council in 2011 and also does not know why the change occurred. Police Chief Brian Costa stated that he is not sure why it was changed. He continued that he spoke with some folks who were involved at the time that the noise ordinance was re-written. The KPD does not have an issue with changing the time back to 10:00 PM. He wants to draw the committee's attention to the third paragraph of this ordinance, 66-124, which addresses what they are talking about - audio equipment, sound amplifiers, and other devices which reproduce or amplify sound. These are the noises associated with loud parties, and generally these are the disturbances that the KPD responds to in high numbers. The first paragraph speaks to the hours, and about issues such as loading and unloading, handling of boxes and crates, etc., which are not the type of noise complaints they are talking about. The second paragraph is similar and talks of construction vehicles, and the operation of tools and equipment, graders, dump trucks, etc., and these complaints are also not as frequent as the complaints of loud music that keeps the neighbors up. On occasion there is a situation where someone who works all day is trying to complete a home project when they come home at night because that is the only time they have to do it. Chief Costa continued that he wanted to clarify that there is a distinction between the first two paragraphs and the third, which he believes is the crux of Councilor Filiault's proposal, which he agrees with on behalf of the KPD. Vice Chair Jones stated that when there was a nightclub in the Center of Keene, there was a noise complaint from residents on School Street, who were bothered by the sound of the drum beat. He continued that the problem was that the ordinance used decibel levels to define a disturbance and the drum did not register. So they changed the ordinance and used a more general description of noise that is an annoyance. Chief Costa replied that he remembers that. He continued that he remembers that it was cumbersome and challenging to prove noise disturbances in court when they had to use decibel levels. The people involved in re-drafting the ordinance took that into account and simplified the ordinance. The language in the third paragraph is clear and takes away the need for wording about decibel levels. Vice Chair Jones asked if he agrees that the language works. Chief Costa replied yes. Councilor Redfern asked if Chief Costa feels that homeowners should stop working on their homes at 10:00 PM, even on a Saturday night. She continued that on occasion, she has done a bit of work on her home past 10:00 PM. Chief Costa replied that he wanted to bring it up so it could be discussed. He continued that every situation is different and no ordinance can take every single situation into account. On occasion, people do work on their homes until 11 :00 PM, and he thinks that that was the premise in 2011 when people had conversations (that he was not 2

involved in) about changing the ordinance to 11 :00 PM. There are two sides to this. He understands that there are more people in neighborhoods that want to go to sleep by 11 :00 PM than there are people who want to do work on their homes until 11 :00 PM, but it is something to think about. Usually they are able to work it out. Vice Chair Jones asked if the majority of the noise complaints are regarding music and parties, or people working on their houses. Chief Costa replied mostly music and parties. He continued t.hat the KPD fully supports changing that back to 10:00 PM. It gives them one more tool for addressing the off-campus parties. He just wanted everyone to be aware of why it might have been changed to 11 :00 PM in 2011. Vice Chair Jones stated that there are other calls that take priority over noise complaints. Chief Costa replied yes, depending on the night, there might be calls about assaults, for instance. Vice Chair Jones asked if that means it might take a while for the police to respond to a noise complaint. Chief Costa replied maybe - usually they have a good response rate but it depends on the activity level of the night. Vice Chair Jones stated that it sounds like Chief Costa is saying yes, changing it to 10:00 PM would give the KPD a better tool to use. Chief Costa replied yes, specifically to back up paragraph three. Councilor O'Connor stated that it is his understanding that if an officer responds to a noise complaint, he or she gives the person making the noise a warning, and if there is a second call about that same person, the officer can then issue a ticket. Chief Costa replied that it used to be that way. He continued that the idea was to develop a relationship with people, and they could tell that worked if the officer does not have to go back. Sometimes the officer does get a second complaint and has to go back. That was the catalyst for changes. With the administration change at the college there has been a lot happening, especially after last October. The warning system worked. For a time there was a zero tolerance policy, with no warnings at all. The reason for the warning system was to provide education on what the expectations were. Over the past year there has been a lot more notification about the expectations, including from the college itself. For the first time this year the college made it mandatory, and attached a monetary fine, for students moving off-campus for the first time to take a course on how to be a good neighbor. The instructors for that course include Police Officers and Code Enforcement people from the City. Chief Costa continued that the KPD' s feeling this year is that they are not going to take full discretion away from officers because every situation is different, but for the most part, there is no longer a need for a warning, because notifications have been made. Vice Chair Jones asked what they can do if someone complains about a loud party at 9:00 PM. Chief Costa replied that an officer can go see what is happening. If it is just loud, amplified sound, the officer makes contact. If there are other issues, they can use the disorderly conduct statute. The difference between that and the noise ordinance is that in order to charge someone

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with disorderly conduct, you need a reporting party that is willing to identify him or herself. If it was an obnoxious party but there is no reason to ticket, they would clear out the party. Debbie Bowie, of 659 Hurricane Road, stated that for the past four or five weeks up until a few days ago she and others at her house have had logging trucks going by their house multiple times between 2:30 AM and 7:00 AM. She continued that they are unable to sleep. They have been talking with the police, who are great, as are the people in the Assessor's Office, but the problem is that the noise ordinance does not seem enforceable. There is lack of clarity about what "noise" is and that the loggers are on private property with a permit to log. Someone made phone calls and it stopped for now but she wants to be sure it does not start up again. She wants the City Council to do something so others in rural streets do not have to go through this. Vice Chair Jones asked if she is getting her complaints on record. Ms. Bowie replied that she and her husband let it go because they thought it would get better, and shut their windows and turned on a fan and their next recourse is to put air conditioning in. She continued that an officer came over to speak with them and the police did what they could. A legal question is whether this is enforceable. Trucks come down from Fire Tower Road, go by their house, turn around, pass their house again, fully loaded and shifting gears. They are on a public road and allowed to do that. Vice Chair Jones asked if she knows the source of the logging. Ms. Bowie replied It is Cersosimo Logging from Brattleboro, VT, with drivers from Cutting Edge out of Marlborough. The logging is on the Fire Tower Road, and she thinks the permit is for Keene, but some property could be in Westmoreland also. Chief Costa stated that he is aware of this situation, which is unique. He continued that there was logging taking place in that lot, actually in Westmoreland, but the logging road comes out in Keene. They were loading trucks to take them to Brattleboro, beginning at 2:00 AM. He spoke with the officer who responded and with the person in charge of the logging operation. The reason they were transporting so late at night is because there was blasting occurring on the trucking route in Brattleboro and if the driver did not make it there at a certain time, it delayed them for hours. Hurricane Road is a very quiet neighborhood and due to the trucks' size and route, they had to make a multiple-point turn there, which is quite loud. But the noise ordinance does not allow enforcement regarding loud vehicles. Chief Costa continued that the officers tried to deal with the situation as best they could. He called the person in charge of the logging operation and explained the problem with noise. They told him it would be difficult to start later, due to the reasons already given, but they offered to take a different route. They did that, then offered to start a little later, too. But by that point they only had another two or three nights of work left. To enforce this type of noise disturbance, they would have to write something about noise from large vehicles. Vice Chair Jones stated that it sounds like the contractor is communicating and is somewhat empathetic. Chief Costa replied yes, he altered the route, and started later, and he thinks the project is finished.

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Dwight Bowie, of 659 Hurricane Road, stated that he thinks the noise ordinance as written is incomprehensible and makes distinctions between private property and work sites, construction, etc. He continued that the statute is unenforceable so you have a Keene resident that has no power to stop the noise. The logging is being done in Westmoreland. But all the noise is in Keene, with the trucks moving down the fire road, turning past Hurricane Road homes many times. There are sounds of pealing rubber, transmission changes, etc., but the noise ordinance is not written in any way that gives residents powers. He and his wife contacted Police, the City Council, and others, and there was nothing they as citizens could do. That has to say that the ordinance is written incorrectly. More changes are needed than just changing the time in the ordinance. The Police Chief stated that the drivers went down the road and turned around so they could go back to Brattleboro, but they did not have to, they chose to. They could have driven all the way down Hurricane Road instead of making multiple trips. This type of noise disturbance may be infrequent, but it puts a light on the incompleteness of the ordinance, which needs to be thoroughly rewritten. Mr. Redfern stated that for the record, he wants to give kudos to Councilor Filiault. He continued that when he was a City Councilor he received noise complaints, about noises anywhere from 9:30 PM to 11 :00 PM and beyond. He does not know why the hours changed from 10:00 to 11 :00 and feels they should be changed back. When he went on police rides, noise complaints were frequent. It is important to remember that the noise ordinance is complaint driven. He recommends that City Councilors who have not taken a police ride yet should do so. Councilor Chadbourne stated that she agrees that the language is not clear and the whole thing needs to be re-vamped. She continued that she has heard noise complaints about roosters waking people up at 4:00 or 5:00 AM and she does not know what to tell people. The noise ordinance does not address that. She thinks they could get something clarified and changed in this ordinance to address the issue. She recalls from years ago that there was an incident on Franklin Street - a citizen came to the MSFI Committee regarding someone in a driveway going back and forth on a four-wheeler at all times of day. Police tried to address it, but again, it seemed like the noise ordinance was not adequate. She does not recall what the outcome was when the person came to the MSFI Committee. She would love to see staff directed to change the ordinance. Councilor Hague stated that she has a question for the committee and staff about Sec. 66-125, "Exemptions." She asked if they would consider revising #6 or #9, allowing for entertainment in the Central Business District. She is aware of venues downtown that cannot have live music, which builds vibrancy and culture, after certain hours. She has spoken with many of the owners and they used to have live music but no longer because tenants from above complained. But these are mixed uses in the Central Business District. It could be beneficial to prioritize entertainment in evenings and have landlords do sound-proofing and other strategies to mitigate the sounds. Maybe they could make exceptions for the Central Business District or change the hours of the noise ordinance for a certain zone so evening entertainment is more feasible. Vice Chair Jones stated that 16 years ago, entertainment noise coming from downtown business was a complaint, so they are going in circles here. He continued that however, she is right, they should look at this. Councilor Hague stated that she is a musician and it is hard to get gigs in

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town. She continued that bands are constantly shut down at certain times. But there are ways to mitigate the noise for those who consider it a disturbance, which they can look into. Councilor Jacobs stated that people are talking about the definitions not including everything they can think of, but the wording is "including but not limited to." He continued that that means that even if it is not listed, it is a question of how disturbing the noise is, not what the source is. It is about the volume, whether it comes from a rooster or a logging truck. He does not see any wording in the ordinance that says when sound rises to the level of being "noise." There are ways of measuring decibel. Would that be more helpful, to draw a line for the decibel level, rather than trying to list sources? A rooster is not always making noise, nor is a logging truck. Vice Chair Jones replied that they used to have a decibel limitation but they changed it because it was hard to enforce. Councilor Jacobs replied that he is hearing that it is even harder to enforce now. Vice Chair Jones replied that it can be enforced, but he is hearing about situations that are not in the present ordinance. Councilor Jacobs replied that the wording of "including but not limited to" seems to mean that if a rooster is annoying it is covered under the ordinance. Councilor Filiault stated that there are comments from citizens saying that the noise ordinance is not all inclusive, but there is an immediate need to change the ordinance to say 10:00 PM. He asks the MSFI Committee to immediately recommend that change, because there is an immediate need, especially in the college neighborhoods. Residents are begging. Then over the course of the next several months they can look at changing the ordinance beyond that, maybe with a workshop or subcommittee and getting the neighbors involved in making the noise ordinance more efficient and inclusive. Vice Chair Jones replied yes, he was thinking of asking the committee to address that requested change and then place the rest of it on more time. Mr. Bowie stated that Sec. 66-123, "General Prohibition," deals with private property and someone allowing or causing the noise to be produced. He continued that the private property was in Westmoreland, but the noise activity was in Keene and on a public road, so there needs to be a different set of eyes look at this to consider that contingency. It is narrowly written. Vice Chair Jones asked the committee if they want to address Councilor Filiault's request, by asking staff to draft the change to the ordinance, to make it 10:00 PM. He continued that the other issues can be addressed in a second motion, giving staff direction towards some of the issues brought up by the Bowies, and Councilors Chadbourne, Hague, and Jacobs, ifthe committee wants and if staff thinks that is appropriate. City Attorney Thomas Mullins stated that noise ordinances are like sign ordinances - very difficult. He continued that it is appropriate for the MSFI Committee to recommend to the City Council to change the time. In terms of generally reviewing and revamping the ordinance, public notice was not given for that to happen tonight, and there would be other members of the public interested in that. He recommends that tonight they act upon Councilor Filiault's letter and then recommend to the City Council that staff bring back suggested changes to the ordinance for consideration, then give the public the opportunity to come weigh in. It is too preliminary tonight to have staff draft changes. Vice Chair Jones replied that tonight the only change they would be asking staff to draft is the time change. 6

Councilor Manwaring asked if they could ask the City Attorney to get information about whether they have the right to regulate roads. The City Attorney replied that he understands that there are concerns. He continued that it might be a good idea to ask the residents from Hurricane Road to write a letter to the City Council and the Mayor to ask the City Council to open the issue of the noise ordinance and put it on the agenda for public discussion. That might generate ideas of changes. In that context they would have to look at the City's right. Mr. Blomquist had some concerns about regulation of noise in the public way. It implicates a bunch of other rights that would have to be considered. Vice Chair Jones asked what the committee thought of the City Attorney's idea. Committee members agreed with it. Vice Chair Jones stated that if they ask for a draft, it will come back as an "A" version with Councilor Filiault's proposed change. Councilor Manwaring made the following motion, which was seconded by Councilor Redfern. On a vote of 4-0, the Municipal Services, Facilities, and Infrastructure Committee recommends that the City Council direct staff to draft an Ordinance for first reading that would amend the time restriction in the noise ordinance to 10:00 PM. Vice Chair Jones stated that this motion goes to the full City Council. He continued that if approved the draft will come back to the MSFI Committee. Vice Chair Jones asked if the committee wants staff to address the issues brought up tonight and report back to the committee. Councilor Manwaring replied that she likes the idea of the Bowies asking the City Council to bring this forth. She continued that she appreciates their feedback and Councilors Chadbourne's and Hague's input and wonders what else is out there. Vice Chair Jones replied yes, then the public would know they can come and weigh in. The public did not know the committee would be addressing the issues tonight. He asked for a motion. The City Attorney stated that the MSFI Committee cannot force the Bowies with a motion to send the letter. He continued that the Bowies have heard the MSFI Committee's conversation and they can choose whether to send a letter; he does not think a motion would be appropriate. Vice Chair Jones replied that it is up to the committee. Councilor Chadbourne stated that she and Councilor Hague just discussed this and will bring it forward.

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City of Keene NEW HAMPSHIRE

August 26, 2015 TO:

Mayor and City Council

FROM:

Planning, Licenses and Development Committee

SUBJECT:

COMMUNICATION: Request to Use City Property-38th Annual Clarence DeMar Marathon and 2"d Annual Half Marathon

On a vote of 5-0, the Planning, Licenses and Development Committee recommends that The Elm City Rotary Club be granted permission to sponsor the Clarence DeMar Marathon on September 27, 2015, subject to the customary licensing requirements of the City Council, and compliance with any recommendations of City staff. The Petitioner agrees to absorb the cost of any City services over and above any amount of City funding allocated in the FY 16 Community Events Budget, and agrees to remit said payment within 30-days of the date of invoicing.

~ctrnd C. P)LC~· Chairman/Designee "

Background: Alan Stroshine, of 27 Salisbury Road was present to answer any questions regarding this annual Community Event request to be held on September 27, 2015. Chair Richards asked Mr. Stroshine if he had made a request to use the Public Works signboards. Mr. Stroshine replied in the affirmative. Chair Richards also thanked Mr. Stroshine for coming before the Committee well in advance of the event. Committee members were in favor of this 1

event. There being no further questions or comments from the Committee or public, Chair Richards asked for a motion. Councilor Jacobs made the following motion, which was seconded by Councilor Meader. On a vote of 5-0, the Planning, Licenses and Development Committee recommends that The Elm City Rotary Club be granted permission to sponsor the Clarence DeMar Marathon on September 27, 2015, subject to the customary licensing requirements of the City Council, and compliance with any recommendations of City staff. The Petitioner agrees to absorb the cost of any City services over and above any amount of City funding allocated in the FY 16 Community Events Budget, and agrees to remit said payment within 30-days of the date of invoicing.

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City of Keene NEW HAMPSHIRE

August 26, 2015 TO:

Mayor and City Council

FROM:

Planning, Licenses and Development Committee

SUBJECT:

COMMUNICATION: Proposed Transfer of Franchise Agreement to Charter Communications

On a vote of 5-0, the Planning, Licenses and Development Committee recommends to City Council per advice from the City Attorney, that no consent is required regarding the sale of assets between Time Warner Cable and Charter Communications. On a vote of 5-0, the Planning, Licenses and Development Committee recommends that City Council request the City Manager draft a letter to Charter Communications and Time Warner Cable objecting to the reduction of FM radio programming as part of their services .

.

Lruni:L c. ~~ ~W Chairman/Designee

Background: As Councilor Clark was not present, Chair Richards asked the City Attorney for his thoughts on this issue. Attorney Mullins reported he did follow up on this and read the Agreement as well. He noted he also requested an opinion from Kate Miller, who is outside counsel from Donahue Law Firm. Attorney Mullins reported that Attorney Miller agreed with his assessment that the Cable Company is carefully structuring this so it is not a transfer of the Franchise Agreement. As with I

other communities, our Agreement would require the permission of the City if there were to be a transfer of the Agreement. However, because of the way Charter is structuring the transfer of the assets with Time Warner this doesn't trigger that because they remain commonly controlled entities. Continuing, Attorney Mullins noted this does present an opportunity if there were some issues under the Franchise Agreement that the provider was non-compliant with, for the City to negotiate compliance with respect to that. Attorney Mullins discussed this with the City's IT Director, Rebecca Landry who reported they are not in violation of any of the terms or conditions under the Franchise charter. They have lived up to the Agreement; bills are paid and he has heard of no service complaints. Attorney Mullins reported a couple from Marlborough came to City Hall presenting a communication from Time Warner regarding possible programming changes which they had concerns about. Attorney Mullins noted this is sort of a warning letter which is federally required to let subscribers know the company is in negotiations with different television entities and may not be able to reach agreement with these different entities. The other part of the letter noted that certain FM radio broadcasts were being terminated. He noted apparently various FM stations are broadcast over the cable system. Attorney Mullins also consulted Attorney Miller about this; her perspective was that these minor changes to programming would probably not allow the City to challenge the changes. The City could contact the cable company letting them know they prefer the FM radio broadcasts not be terminated. Attorney Mullins suggested having the City prepare a letter to Time Warner Cable based on these programming changes asking them to consider not dropping the FM stations. Referring to Councilor Clark's letter, Attorney Mullins noted he agreed with Attorney Miller's opinion that we have no opportunity to impact the transfer. Councilor Jacobs noted he is unsure what Councilor Clark is asking of the Committee. Councilor Hague suggested what Councilor Clark is asking is whether or not our consent is required. Attorney Mullins replied the answer is no. In response to Councilor Chadbourne the City Attorney noted the letter he suggested would likely come from the City Manager; it would be composed by himself and Rebecca Landry. Attorney Mullins recommends sending the letter in support of the local subscribers. Councilor Jacobs noted his understanding of the discussion. Attorney Mullins clarified his suggestions to the Committee that there really does need to be two recommendations. • Recommend to City Council on the advice of the City Attorney that no consent to the sale of the assets to Charter Communications is required by the City. • Recommend to City Council that City staff prepare a letter, over the signature of the City Manager to Time Warner Cable objecting to the removal of the FM station programming from the services provided. The City Attorney also recommended this be done in two motions. There being no further questions or comments from the Committee or the public, Chair Richards asked for a motion. 2

Councilor Hague made the following motion, which was seconded by Chair Richards. On a vote of 5-0, the Planning, Licenses and Development Committee recommends to City Council per advice from the City Attorney, that no consent is required regarding the sale of assets between Time Warner Cable and Charter Communications. Councilor Hague made the following motion, which was seconded by Councilor Chadbourne. On a vote of 5-0, the Planning, Licenses and Development Committee recommends that City Council request the City Manager draft a letter to Charter Communications and Time Warner Cable objecting to the reduction of FM radio programming as part of their services.

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3 AlP City of Keene NEW HAMPSHIRE

August 26, 2015 TO:

Mayor and City Council

FROM:

Planning, Licenses and Development Committee

SUBJECT:

MEMORANDUM: Dumpsters Located on City Right of Way

On a vote of 5-0, the Planning, Licenses and Development Committee recommends that permission be granted to Heidi's of New England and Margaritas Mexican Restaurant to place dumpsters on City property behind their respective buildings in the Commercial Street Parking Lot, subject to the customary licensing requirements of the City Council, compliance with City Code requirements and any recommendations of City staff.

\

Dousial C. ~e1.au1cL~\k,f Chairman/Design;~ Background: Gary Lamoureux, Parking Project Manager reported that in planning for the infrastructure improvements to be done in the Commercial Street Parking Lot, dumpsters for the two noted businesses were accommodated in the planning. In anticipation of the completion of this work, staff is requesting the use of City property by these entities be documented in the form of a non-lapsing revocable license and indemnification agreement. The license would not be transferrable to a new owner, and the staff would follow up on an annual basis with the current owner for updated liability insurance in the amount of $1,000,000 listing the City of Keene as an additional insured. 1

Mr. Lamoureux also reported the dumpsters had been in these locations for the past 16 to 17 years, and were unlicensed. In 1977 City Council had licensed dumpsters on that City property which was not transferrable to the current owners, Margaritas, at 77 Main Street. The dumpsters have been there since Margaritas moved into that location. He continued the second location is Heidi's Hallmark, at 87 Main Street where the dumpsters have been in place for the past 16 years. Mr. Lamoureux reported this issue was reviewed with City staff including the Public Works Department who has no other issues if the City were to license them in the provided location. The property owners are willing to come into compliance with whatever the City requires. The owners are also willing to install fencing around the dumpsters; Rhett Lamb will handle the material (cedar fencing) selection to ensure compliance with the Historic District Commission guidelines. Chair Richards asked for Committee questions or comments. Referring to Margaritas, Councilor Hague asked if a grease trap/tank was included. Mr. Lamoureux noted that Margaritas owns approximately eight feet right off the rear of their property; that is where the grease unit is located. There being no further questions or comments from the Committee or members of the public, Chair Richards asked for a motion. Councilor Meader made the following motion, which was seconded by Councilor Chadbourne. On a vote of 5-0, the Planning, Licenses and Development Committee recommends that permission be granted to Heidi's of New England and Margaritas Mexican Restaurant to place dumpsters on City property behind their respective buildings in the Commercial Street Parking Lot, subject to the customary licensing requirements of the City Council, compliance with City Code requirements and any recommendations of City staff.

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City of Keene NEW HAMPSHIRE

August 26, 2015 TO:

Mayor and City Council

FROM:

Planning, Licenses and Development Committee

SUBJECT:

MEMORANDUM: Revisions to Chapter 46 - Licenses and Permits

On a vote of 5-0, the Planning, Licenses and Development Committee recommends that staff be directed to introduce an Ordinance for first reading that would incorporate various changes to Chapter 46 of the City Code of Ordinances relative to administrative authority to issue the following licenses and permits: Bike race, road race and parade licenses; Licenses for the General use of City property; Requests to Serve Alcohol on City property; Sidewalk Cafes; and Sidewalk Obstructions.

Background: William Dow, Deputy City Clerk provided the background information on this item. The Planning, Licenses and Development Committee had expressed an interest in reviewing their focus and potentially eliminating from their workload some of the cyclical and recurring licenses that could be handled administratively by staff. This shift would allow the Committee to focus on other initiatives and objectives while still retaining issuing authority for certain licenses that are required to go to Council or those that would be more appropriately handled by the governing body.

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This review and streamlining of regulatory processes was also identified as a goal in the City Manager's budget message in fiscal year 2012-2013. Steps to work towards that goal have been ongoing internally among the various Departments of the City since the goal was articulated; and this is one of the areas where streamlining would improve service delivery and simplify licensing and permitting processes for our customers. Mr. Dow continued that City staff has reviewed section Sec. 46-62 Designated Licensing Officials, and suggests that staff be given authority to issue the following licenses administratively: Bike race, road race and parade licenses; Licenses for the General use of City property; Requests to serve alcohol on City property; Sidewalk Cafes; and Sidewalk Obstructions. There would be an opportunity to send licensing requests along to the City Council for authorization should the Council need to be involved or if it is a first time request for a particular license. Staff is further suggesting that certain licenses remain the purview of the Council, and those would include: Community Event licenses, Discharge of Fireworks, and Lodging House licenses. The rationale for these licenses remaining with the governing body is that they either have a public safety component, or could be potentially disruptive to the community in the case of a community event. Chair Richards noted his pleasure with this action; he also asked why Lodging Houses wasn't removed because if Code Enforcement and the Fire Department have signed off then the applicant has met the requirements. He also suggested this be incorporated into those issues handled administratively. Councilor Jacobs noted his assumption the last issue before the Committee would have been handled administratively. He also clarified new or first time licenses would still come to the Committee. Mr. Dow replied in the affirmative, adding this would be the protocol. Councilor Meader noted his agreement with Chair Richards regarding Lodging House licenses. Councilor Chadbourne also noted her favor regarding this action. She referred to the staff notes for the rationale of licenses remaining with the governing body (public safety component) noting she would like to hear from the Fire Chief and Code Enforcement before discussing an Ordinance. Chair Richards asked that the Fire Chief and Code Enforcement be in attendance when the draft comes back for first reading. Attorney Mullins also suggested the Police Chief be present. Councilor Hague asked if these changes would produce an additional burden on staff or reduce the burden on staff. Mr. Dow noted that staff does the work whether or not it goes to Council. He added this would definitely be a more streamlined process for the citizens; which is really our goal. There being no further questions or comments from the Committee or members of the public, Chair Richards asked for a motion. Councilor Chadbourne made the following motion, which was seconded by Councilor Meader. On a vote of 5-0, the Planning, Licenses and Development Committee recommends that staff be directed to introduce an Ordinance for first reading that would incorporate various changes to 2

Chapter 46 of the City Code of Ordinances relative to administrative authority to issue the following licenses and permits: Bike race, road race and parade licenses; Licenses for the General use of City property; Requests to Serve Alcohol on City property; Sidewalk Cafes; and Sidewalk Obstructions. Councilor Hague inquired about adding Lodging House licenses as discussed earlier. Chair Richards asked Mr. Dow to remind the City Clerk we would like to put that in there. He also commented bear in mind that we will have Police, Fire, and Code Enforcement to review that when we actually get an Ordinance in front of us.

3

City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

SUBJECT: COMMUNICATION: Jack Dugan/MEDC- Transfer of Sublease for Parking Spaces in Wells Street Parking lot On 4-0 vote, the Finance, Organization and Personnel Committee (i) consent to the assignment and assumption of the parking sublease for the 40 parking spaces from EFL Keene, LLC to Jazzlyn Hospitality LLC, (ii) consent to an assignment of the parking sub-lease to the financial institution that will be loaning funds to Jazzlyn Hospitality LLC to purchase the property, (iii) deliver an estoppel certificate to said financial institution confirming the status of the Parking Lease, (iv) and the City deliver an SNDA (Atonement Agreement).

Chairman/Designee Background:

Mr. Jack Dugan of Monadnock Economic Development Corporation (MEDC) stated since 1998 MEDC has been leasing parking spaces from the upper deck of the Wells Street deck and then sub-leasing those spaces to the different owners of the EF Lane Hotel and most recently to the Fairfield Inn. A change in ownership is about to happen again; Fairfield Inn is going to be selling the hotel to Jazzlyn Hospitality LLC. Mr. Dugan explained MEDC leases these spaces from the City. The lease MEDC has with the City doesn't allow them to assign those to anyone else without the City's permission. He indicated he was before the City to request permission to permit MEDC to sublease these spaces to the new owner. Chair Greenwald asked whether the account with the City is current. This information will be provided at the Council meeting next week. Councilor Filiault asked about the ownership history of this hotel. Mr. Dugan explained the original owner of the block was MEDC which was then 1

sold to an entity called Some Place Different who opened EF Lane. They went out of business and MEDC then bought the hotel back. EFL Keene LLC then assumed the spaces, renovated the hotel and opened it as the Lane Hotel. That entity is now selling the Lane Hotel as well as the Marriot to Jazzlyn Hospitality LLC. Councilor Powers asked why the City needs MEDC in the mix at this point. City Attorney Mullins stated it is because MEDC holds the sublease. Mr. Dugan added MEDC was originally the master tenant and through a development agreement guaranteed the creation of sufficient tax increment financing to pay for the deck and this has been accomplished a long time ago. At this time how the process work is that the tenant writes a check to MEDC and MEDC pays that amount to the City and MEDC is not making any money because of such transactions. Attorney Mullins noted if the City is in a position to remove MEDC from this property, it is something that can be looked at. Councilor Clark made the following motion which was seconded by Councilor Filiault. On 4-0 vote, the Finance, Organization and Personnel Committee (i) consent to the assignment and assumption of the parking sublease for the 40 parking spaces from EFL Keene, LLC to Jazzlyn Hospitality LLC, (ii) consent to an assignment of the parking sub-lease to the financial institution that will be loaning funds to Jazzlyn Hospitality LLC to purchase the property, (iii) deliver an estoppel certificate to said financial institution confirming the status of the Parking Lease, (iv) and the City deliver an SNDA (Atonement Agreement). Attorney Mullins explained an Atonement Agreement essentially indicates the lease would follow the deck even if it was sold to another entity.

2

City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

SUBJECT:

MEMORANDUM:

Police Chief- Acceptance of a Donation

On 4-0 vote, the Finance, Organization and Personnel Committee recommend that the City Manager be authorized to do all things necessary to accept a donation of $150.00 from The Jean Dorsey NH K-9 Memorial Fund.

Background:

Police Chief Costa explained the City has received a donation of $150 earmarked for the canine unit. He added Jean Dorsey NH K-9 Memorial Fund wishes to donate $150.00 to the Keene Police Department to be used towards the "care and maintenance" for the current Police Serviced dog, K-9 "Patriot" in honor of their late mother Jean Dorsey who was an avid dog lover. Councilor Powers made the following motion which was seconded by Councilor Clark. On 4-0 vote, the Finance, Organization and Personnel Committee recommend that the City Manager be authorized to do all things necessary to accept a donation of $150.00 from The Jean Dorsey NH K-9 Memorial Fund.

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3

AID

City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

MEMORANDUM: SUBJECT: Acceptance of Donations - Wheelock Park - Sumner Knight Chapel - Sumner Knight Chapel

Parks, Recreation and Facilities Director-

On 5-0 vote, the Finance, Organization and Personnel Committee recommends the City Manager be authorized to do all things necessary to accept the donation of $1,500.00 from the Cheshire Kennel Club and that the money be used for equipment in Wheelock Park, and also recommend that the City Manager be authorized to do all things necessary to accept a donation of $490.00 and that the money is used for the care and maintenance of Sumner Knight Chapel.

Chairman/Designee Background:

Parks, Recreation and Facilities Director, Andrew Bohannon stated his department has received a $1,500 donation from the Cheshire Kennel Club to be used toward Wheelock Park. The club organizes a show once a year in August and in addition they also conduct classes at the Recreation Center in the fall and spring. The second donation in the agenda packet was superseded by the third donation for a combined total in the amount of $490 from Kevin Dremel. Mr. Bohannon indicated Mr. Dremel's next concert is scheduled for Sunday, August 30. Further information on the concert could be found on the their website 1

keenemusicfesti val. org To date, Kevin Dremel has raised $7,114 towards the restoration of the Sumner Knight Chapel, which is greatly appreciated. Councilor Filiault made the following motion which was seconded by Councilor Roberts. On 5-0 vote, the Finance, Organization and Personnel Committee recommends the City Manager be authorized to do all things necessary to accept the donation of $1,500.00 from the Cheshire Kennel Club and that the money be used for equipment in Wheelock Park, and also recommend that the City Manager be authorized to do all things necessary to accept a donation of $490.00 and that the money is used for the care and maintenance of Sumner Knight Chapel.

2

City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

SUBJECT: MEMORANDUM: Cheshire Rail Trail Phase 3

Parks, Recreation and Facilities Director-

On 5-0 vote, the Finance, Organization and Personnel Committee recommend that the City Manager be authorized to do all things necessary to accept a donation of $30,000 from Pathways for Keene, Inc. and that the money be allocated for the Cheshire Rail Trail Phase 3 project.

Background:

Mr. Bohannon stated the Cheshire Rail Trail Phase 3 project will connect Park Avenue to the Cheshire Rail Trail loop. Pathways for Keene will be donating $30,000 towards this project and this represents the 20% the City has pledged towards this project. Mr. Bohannon expressed his appreciation for everything Pathways for Keene does for the trail system. Councilor Roberts made the following motion which was seconded by Councilor Filiault. On 5-0 vote, the Finance, Organization and Personnel Committee recommend that the City Manager be authorized to do all things necessary to accept a donation of $30,000 from Pathways for Keene, Inc. and that the money be allocated for the Cheshire Rail Trail Phase 3 project.

1

City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

SUBJECT: MEMORANDUM: Parks, Recreation and Facilities DirectorRecreation Trails Grant- Robin Hood Park On 5-0 vote, the Finance, Organization and Personnel Committee recommends the City Manager be authorized to do all things necessary to execute a grant for $27,589.16 with the State of NH Recreational Trails Program grant program and that the money be allocated to the Robin Hood Park trails.

Chairman/Designee Background:

Mr. Bohannon indicated this award is the Recreational Trails Program Grant program in the amount of $27,589.16 to be used towards the Robin Hood Park trails. He explained in July he brought forward to the Committee a Student Conservation Association contract for work to be done in the trail system. However, at that time the State had not passed the budget and work could not be done. The State has extended this program through this grant opportunity and work can now commence. The City's 20% match will come from the Rachel Marshall Trust. Councilor Clark made the following motion which was seconded by Councilor Filiault. On 5-0 vote, the Finance, Organization and Personnel Committee recommends the City Manager be authorized to do all things necessary to execute a grant for $27,589.16 with the State of NH Recreational Trails Program grant program and that the money be allocated to the Robin Hood Park trails.

1

City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

SUBJECT: Hall

MEMORANDUM:

Facilities Manager- Boiler Replacement- City

On 5-0 vote, the Finance, Organization and Personnel Committee recommends that the City Manager be authorized to do all things necessary to execute a contract with Demon Plumbing & Heating LLC to replace boilers and add fuel storage tanks located at City Hall.

~

Chairman/Designee

Background:

Mr. Bohannon stated this item is in reference to a contract with Denron Plumbing & Heating for the replacement of boilers and fuel storage tanks at City Hall. Mr. Bohannon turned the presentation over to Facilities Manager, Scott Martin. Mr. Martin stated the City in 1984 was asked to remove the underground storage tanks located in front of the old middle school. During that process it was determined that some of the fuel could be stored in the basement of city hall. What is being proposed by staff is to locate storage in the basement of City Hall for fuel and replace the existing boilers with high efficiency boilers. Chair Greenwald stated he is surprised at the small number of responses received on this proposal. Mr. Martin stated staff had contacted some of the contractors and the response they received is that people are busy at this time and their work schedules are full as well as suggestions that the project should be initially engineered. Councilor Powers clarified where the funding for this work was coming from and whether some other project was not going to be finished because of this work. Mr. Martin stated staff is hopeful

1

everything will be able to done otherwise smaller projects will need to be pushed out. Mr. Bohannon identified the accounts that would fund the project: account 62318 buildings repair and account 64206 minor improvements. Councilor Powers made the following motion which was seconded by Councilor Roberts. On 5-0 vote, the Finance, Organization and Personnel Committee recommends that the City Manager be authorized to do all things necessary to execute a contract with Denron Plumbing & Heating LLC to replace boilers and add fuel storage tanks located at City Hall.

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City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

SUBJECT: MEMORANDUM: Revaluation

City Assessor- Contract for Residential

On 5-0 vote, the Finance, Organization and Personnel Committee recommend that the City Manager be authorized to do all things necessary to negotiate and execute a contract with KRT Appraisal for the Residential Revaluation.

Chairman/Designee Background:

City Assessor, Dan Langille was the next speaker who indicated the next revaluation will take place in 2016. The revaluation will be broken into residential versus commercial due to the complexities involved. Staff sent out two different proposals for the work. For the residential component there were two responses that came in and the overall costs were very similar. The review committee consisted of three individuals who were impressed with KRT Appraisal, a company out of Massachusetts. This is a small company and the upper management will be responsible for this work. One of their staff worked on the city's revaluation in 2001. Throughout the process, KRT will be making presentations for the public so they are aware of how this works. The cost for the residential revaluation is $82,500 and is an approved CIP project. Councilor Roberts asked whether either one of these companies has worked with the City in the past. Mr. Langille stated they have not, but one of KRT's employees who was employed with

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CLT worked on the 2001 revaluation. CLT is no longer involved with mass appraisals in New Hampshire. Councilor Clark noted appraisals have not been measuring up to assessments in past few years and asked whether this re-assessment is likely to lower the City's overall assessment rate. Mr. Langille stated it could, but the assessments that exist today are based on 2011 and a lot has happened since that time and areas could go up or down. Councilor Powers noted this item is in the budget, it is not a sole source and asked why then it would still need Council authorization. The Manager stated that this is a professional services contract and permission from the City Council would be required. Councilor Filiault made the following motion which was seconded by Councilor Filiault. On 5-0 vote, the Finance, Organization and Personnel Committee recommend that the City Manager be authorized to do all things necessary to negotiate and execute a contract with KRT Appraisal for the Residential Revaluation.

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City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

SUBJECT: MEMORANDUM: Commercial/Industrial Revaluation

City Assessor- Contract for

On 5-0 vote, the Finance, Organization and Personnel Committee recommend the City Manager be authorized to all things necessary to negotiate and execute a contract with Stephen Traub of Property Valuation Advisors for the Commercial/ Industrial Revaluation.

Chairman/Designee Background:

This matter is in reference to commercial/industrial revaluation and is similar to what was discussion previously with the residential revaluation. Mr. Langille stated the City received one response to this proposal from Stephen Traub of Property Valuation Advisors. Mr. Traub did the commercial revaluation for the City in 2011. The proposal was reviewed on its merits and it is being recommended to be awarded to Mr. Traub. There were two options presented to the City for this work; one costing $65, 700 and the other costing $70,200. The City is looking to negotiate for the option costing $65,700 with the understanding that this may require some additional work by City Staff. Chair Greenwald asked what city staffs responsibility will be. Mr. Langille stated staff will be inspecting all the actual sales of the properties and provide Mr. Traub that information. The Manager in reference to what was previously raised by Councilor Powers stated there is a cap on the City Manager's authorization for $25,000.

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Councilor Roberts clarified with a professional services contract; the City has to accept someone who is qualified and not necessarily have to accept the lower bidder. Chair Greenwald asked why a local appraiser could not have done this work. Mr. Langille explained an appraiser and an assessor have two different types of qualifications. Councilor Filiault made the following motion which was seconded by Councilor Filiault. On 5-0 vote, the Finance, Organization and Personnel Committee recommend the City Manager be authorized to all things necessary to negotiate and execute a contract with Stephen Traub of Property Valuation Advisors for the Commercial/ Industrial Revaluation.

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City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

SUBJECT: Damage

MEMORANDUM:

Public Works Director - 17 Baker Street - Water

On 5-0 vote, the Finance, Organization and Personnel Committee recommend that the City Manager be authorized to do all things necessary to complete negotiations and settle the claim with Martin Monahan and Maria Dentino for damages to their home due to a broken water main at a cost not to exceed $7, 021.

Chairman/Designee Background:

Assistant Public Works Director, Donna Hanscom stated the City had a water main break on Baker Street due to infrastructure failure of a failed pipe that caused damage to property on 17 Baker Street. The owners approached their insurance company and were denied. They then approached the City looking for assistance. The Council asked staff to negotiate with the property owners and come up with a monetary value. The owners and the City have come up with a monetary value that is agreeable to everyone. Even though the City was not doing anything negligent they came up with $7 ,021 as a negotiated amount which is broken down as follows: Repair to hearth, plaster cracks, vinyl siding, flooring, foundation, $ 6,861 and basement: Water and silt material clean up and damage $ 1,160 $ 1,000 Minus Deductible 1

Chair Greenwald felt the City was not setting precedent and added this was a good proposal. Councilor Roberts asked why the property owners' insurance company denied the claim. Ms. Hanscom stated the owners were sent a letter and it indicated no damage caused by water, earth movement is covered by this policy. He added this is not precedent setting, and he did not feel others could also ask for similar consideration. He felt this is a special circumstance. The Manager added there is nothing that will prevent anyone from asking the City for a settlement, but this is an unusual set of circumstances and that has been underlined by the Committee. He explained the water followed the line to the property which was a very short distance and the ground was also frozen. Whether this might happen again is very unlikely. He added the city has no liability, but did have a concern about the property owners' ability to repair their property. The City is not setting precedent unless someone else had the exact same circumstances. Mr. David Crawford of Marlboro Street asked where the City would get money to compensate these individuals. Mr. MacLean stated it would come from the unallocated water fund balance. Councilor Roberts felt it would be worth it to homeowners to look over their policies and make sure they are properly covered. The Manager agreed that other homeowners on the street did have policies that would have covered this type of damage. Councilor Clark made the following motion which was seconded by Councilor Powers. On 5-0 vote, the Finance, Organization and Personnel Committee recommend that the City Manager be authorized to do all things necessary to complete negotiations and settle the claim with Martin Monahan and Maria Dentino for damages to their home due to a broken water main at a cost not to exceed $7 ,021.

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City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

SUBJECT:

REPORT:

Conservation Commission - Stacey Ward Cole Trust

On 5-0 vote, the Finance, Organization and Personnel Committee recommends that the City accepts this donation subject to a level 1 site assessment the cost for which would come from the land use change tax fund and the City Manager be authorized to do all things necessary to accomplish that.

Chairman/Designee Background:

Planning Director Rhett Lamb stated the City Council had received a letter from Attorney Howard Lane regarding the Stacey Ward Cole Trust. The City has been listed as a recipient of land listed in this trust. The land is located north of the Minnewawa Brook and is close to 200 acres in size. He noted there is a report from the Conservation Commission which sees it as a favorable addition to the City's conservation land and the Commission recommends the City accept this gift. The trust does have a clause, if the City didn't choose to accept this land it would be deeded to one of the schools in the University New Hampshire system. Should the City accept the land it is to be preserved for wildlife and passive uses. The land does have habitat value - it is a south facing hillside. Mr. Lamb stated the Conservation Commission has recommended the City pursue a level 1 site assessment of the property, which is also part of the City's policy. Staff is recommending the Council authorize the City Manager to perform a level 1 site assessment of the property and the matter be put on more time pending staff's report of the assessment. Chair Greenwald asked

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whether the matter could not be moved forward subject to satisfactory site assessment. Mr. Lamb agreed that process is also acceptable. Councilor Roberts asked how much the site assessment would cost and who would be paying for that. Mr. Lamb stated it would be substantially less than $2,000 and the City would pay for it and there are options such as the land use change tax fund where the money could be obtained from. Councilor Powers asked about the right of way that exists here. Mr. Lamb stated this is the former rail right of way which travels through Marlboro and ends up in the Hancock area. Councilor Clark made the following motion which was seconded by Councilor Powers. On 5-0 vote, the Finance, Organization and Personnel Committee recommends that the City accepts this donation subject to a level 1 site assessment the cost for which would come from the land use change tax fund and the City Manager be authorized to do all things necessary to accomplish that.

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City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

SUBJECT:

MEMORANDUM:

Fire Chief - Emergency Repairs to Ladder 1

On 5-0 vote, the Finance, Organization and Personnel Committee accepted this report as informational.

Chairman/Designee Background:

Fire Chief Mark Howard stated this matter is in reference to an emergency repair that was conducted on ladder 1. He indicated in July staff found hydraulic fluid coming out of the truck. Staff worked with three of its vendors and would have preferred to send it to Bradford because of its proximity and their prior work for the City but they didn't have the ability to work on hydraulic systems. Greenwood Fire Apparatus needed the truck for an extended amount of time. As a result Bulldog performed the repair which took about a week. Because of the uniqueness of this equipment, both sides of the truck needed to be fixed which was done at a cost of $5,736. Councilor Filiault made the following motion which was seconded by Councilor Powers. On 5-0 vote, the Finance, Organization and Personnel Committee accepted this report as informational.

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City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

Public Works Director - Beaver Brook Sediment SUBJECT: MEMORANDUM: Removal and Bank Stabilization - Knot Weed Control

On 5-0 vote, the Finance, Organization and Personnel Committee recommend that the City Manager be authorized to do all things necessary to negotiate and execute a change order with Weston and Sampson for an amount not to exceed $2,400 on the Beaver Brook Sediment Removal and Bank Stabilization.

Chairman/Designee Background:

Public Works Director, Kurt Blomquist stated as part of a wetlands permit the State Department of Environmental Services asked that the City to attempt to address an invasive species issue. The primary invasive species is knotweed which is a hard species to eradicate. Because of the type of weather this area experienced last year, staff could not complete the necessary treatment. Weston and Sampson has been the engineer for the project and has been doing the oversight and observation. Originally the City anticipated doing the work but this was when the City Engineer was still employed with the City and as a result Weston and Sampson was contracted to do the work (20 hours). The price to do this work is $2,400. The City would not ordinarily come before the Committee for such a small amount but staff had previously done a change order for extension of time for the construction contract. Within City regulations, the Manager has authority to sign contracts

within 10% of the value of the contract and this contract was close to $80,000. If this $2,400 was added to the 10% of $80,000 it exceeds the Manager's authority. Chair Greenwald asked what type of chemical is being used to get rid of knotweed. Mr. Blomquist stated it is an herbicide which is neutral to humans and animals and essentially destroys the roots of the knotweed. DOT did some application which has been successful. A commercial applicator is necessary. Councilor Roberts made the following motion which was seconded by Councilor Powers. On 5-0 vote, the Finance, Organization and Personnel Committee recommend that the City Manager be authorized to do all things necessary to negotiate and execute a change order with Weston and Sampson for an amount not to exceed $2,400 on the Beaver Brook Sediment Removal and Bank Stabilization.

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City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

SUBJECT: MEMORANDUM: Assistant Emergency Director

Public Works Director - Appointment of

On 5-0 vote, the Finance, Organization and Personnel Committee recommend that Chief Mark Howard be appointed as Assistant Emergency Management Director.

Chairman/Designee Background:

Mr. Blomquist explained that the Emergency Management Director position is under the Executive branch of City Government and is under the direction of the City Manager. The City Code also provides if other members of the organization are required for proper function of the organization, they can also be appointed. He noted the Emergency Management Director might not always be available due to vacation, illness etc. City Code allows the Council to appoint an individual to act in the absence of the Emergency Management Director. Mr. Blomquist stated he would like to appoint Fire Chief Mark Howard as Assistant Director. Chief Howard is familiar with all standards and has worked well with other departments and communities. Councilor Clark made the following motion which was seconded by Councilor Powers. On 5-0 vote, the Finance, Organization and Personnel Committee recommend that Chief Mark Howard be appointed as Assistant Emergency Management Director.

City of Keene NEW HAMPSHIRE

August 26, 2015 TO:

Mayor and City Council

FROM:

Municipal Services, Facilities and Infrastructure Committee

SUBJECT: Policy

CONTINUED DISCUSSION - Public Works Director - Complete Streets

On a vote of 4-0, the Municipal Services, Facilities, and Infrastructure Committee placed this on more time.

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.

Background: Mr. Lamb stated that this got on the agenda erroneously and he recommends that they put this on the next meeting agenda. He continued that they wanted Mr. Blomquist to be available for the discussion and he is not available tonight. Councilor O'Connor made the following motion, which was seconded by Councilor Redfern. On a vote of 4-0, the Municipal Services, Facilities, and Infrastructure Committee placed this on more time.

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City of Keene NEW HAMPSHIRE

August 26, 2015 TO:

Mayor and City Council

FROM:

Municipal Services, Facilities and Infrastructure Committee

SUBJECT: REPORT - Conservation Commission - Petition for Scenic Road Designation - Nims Road

On a vote of 4-0, the Municipal Services, Facilities, and Infrastructure Committee placed this item on more time.

Background: Vice Chair Jones stated that this requires a public hearing before the Conservation Commission and the City Council, which is scheduled for September 3, 2015 at 7:00 PM. He asked if members of the public had questions or comments about this. Hearing none, he asked for a motion. Councilor Manwaring made the following motion, which was seconded by Councilor O'Connor. On a vote of 4-0, the Municipal Services, Facilities, and Infrastructure Committee placed this item on more time.

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RECEIVED AUG 31 2015

Parking Division City of Keene, New Hampshire

MEMORANDUM Date:

August 31, 2015

To:

Honorablerf\1ayot and City Council

L\l\ \

\

Through:

John Maclean,

From:

Gary Lamoureux, Project Manager-Parkinge>J0 Ginger Hill, Parking Operations Manager ()'

Subject:

Loading Zone-Keene Public Library/Heberton Hall

ity Manager

Recommendation: Move that Ordinance 0-2015-11 be referred to the Municipal Services, Facilities, and Infrastructure Committee for their review.

Background: Parking services heard a concern from a customer that there were no legal spaces close to Heberton Hall to load and unload items. A review with Nancy Vincent, Library Director confirmed that this has been a concern. Heberton Hall is utilized by customers that typically need to move in equipment, food and other materials. A review of the area was completed and agreed on a location that would best serve Heberton Hall and not interfere with emergency access as well as Handicap parking. There are three public metered spaces located in the alley between the two buildings. One space could be converted to a loading I unloading zone that is accessible to the main entrance to Heberton Hall.

OHDINANCE

CITY OF KEENE 0-2015-11 Fifteen In the Year of Our Lord Two Thousand and ....................................................................................................................... .

AN ORDINANCE Relating to - No Parking - Specific Streets AN ORDINANCE ..................................................................................................................................................................... .

Be it ordained by the City Council of the City of Keene, as follows:

That the City Code of the City of Keene, New Hampshire, as amended is hereby further amended by adding the bolded Italic text and deleting the strike through text to the following provisions of Article III, "Parking", of Chapter 94, entitled "TRAFFIC, PARKING AND PUBLIC WAYS" Division 2, "Specific Streets", Section 94-92 "Designated Loading Zones" as follows:

Sec. 94-92. Designated loading zones. (a) There are hereby established certain areas along curbs or in other areas to be known as loading zones or live parking areas, to be specifically marked as such, where vehicles may stop to discharge or pick up passengers or freight but may not be left unattended for longer than 15 minutes. The following areas are hereby designated as loading zones:

Library/Library Annex - Last space beginning 55 feet from the Northwest corner of the Library building (alley between the Library and Heberton Hall). Space abuts the west wall of the Library.

Kendall W. Lane, Mayor

PASSED

R-2015-34

CITY OF KEENE In the Year of Our Lord Two Thousand and .... F.!~~~.':1........................................................................................................

A RESOLUTION ........................................................................................................................................................................ In Appreciation of Neal F. Boyd Upon His Retirement

Resolved by the City Council of the City of Keene, as follows: WHEREAS: Neal Boyd began his City of Keene career May 25, 1970, as a seasonal employee with Parks & Recreation; was a full-time Maintenance Aide I November 11, 1971, through January 15, 1977; returned as a seasonal employee June 13, 1984; became full-time again July 30 that year as Maintenance Aide II; was promoted to Building Maintenance Technician July 1, 1989; and became Building Mechanic July 1, 1994; and WHEREAS: Over the decades, Neal has demonstrated his care and concern for the Recreation Center and its grounds by inspecting, troubleshooting, installing, monitoring, repairing, constructing, and maintaining a variety of needs for that building and its internal infrastructure; evaluating its future physical needs; as well as ensuring safety for its users and conservation of its energy resources; and WHEREAS: Not only has he served as the mainstay of the Recreation Center, but his positive and pleasant manner have made him an essential team player who willingly has supported other department and division staff members with a variety of seasonal, large, and/or difficult projects and has assisted members of the public with their building requests; and WHEREAS: Neal's knowledge of and experience with systems, hardware, and maintenance techniques have enabled him both to play a primary role in the building and mechanical needs of the Keene Public Library, as well, and to share improvement ideas and historical information about various situations for the betterment of the Facilities Management Division; and WHEREAS: Being a self-starter with high ethical standards, Neal has kept his goals consistent-no matter the adverse actions of building users-doing "whatever it takes to get the job done,'' adapting to changing technology, managing multiple tasks with great effectiveness, and contributing to the positive experiences of summer youth employees and community service workers who have assisted from time to time; and WHEREAS: Neal retires from the City of Keene August 31, 2015, with almost 38 years of honorable service to the City and the Monadnock Region; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Keene hereby extends its sincere thanks to Neal F. Boyd for his hard work and dedication to the City of Keene and wishes him the very best for many happy retirement years; and BE IT FURTHER RESOLVED, that a copy of this Resolution, properly engrossed, be presented to Neal F. Boyd in appreciation of his contributions to the services and amenities that enhance the quality of life for those who live, learn, and work in, as well as enjoy, the City of Keene.

PASSED

Kendall W. Lane, Mayor

R-2015-35

CITY OF KEENE

lo5

::1...

Fifteen

In the Year of Our Lord Two Thousand and ....................................................................................................................... . 1

A RESOLUTION ...........

.~.~?..~~~~~~.~i?~..~~..~:.~~·~·i·~.. ~:.~.~:.~~.~.~~.?.~. ~.'.~.~~~'.~~~~~~··············································

Resolved by the City Council of the City of Keene, as follows: WHEREAS: Francis began his career with the City of Keene as a Call Firefighter May 8, 2001; was promoted to full-time Firefighter February 17, 2003; and subsequently earned Emergency Medical Technician certificates to the highest level of Paramedic; and WHEREAS: A compassionate public servant on the scene, Francis has a deep-rooted passion for his job and is dedicated to helping people, animals, places, and the community he serves, driving him to keep improving his skills in all areas so he could provide the best services possible; and WHEREAS: Francis is an "old school," reliable team player of high character appreciated for his willingness to do whatever needs to be done and to learn any new outside the primary scope of his responsibilities to help the department; and WHEREAS: He hasn't allowed second best to be an option for himself-continually setting goals to better his foundation, seeking new educational experiences through a variety of industryrelated resources, expanding his Fire and EMS training to include technical rescue disciplines, and finding ways to apply his variety of knowledge to his roles; and WHEREAS: His ability to always remain very calm, focused, and professional while working emergency scenes has enabled him not only to provide superior service in the field, but also to impact positively on other members of the crew and to set an example for the new employees he mentored; and WHEREAS: Francis is respected for being a quiet person, speaking few but meaningful words intended only to improve our systems, along with possessing a positive outlook, humility, thoroughness, and strong follow-through; and WHEREAS: Francis retires from the City of Keene August 28, 2015, with over 14 years of honorable service to the City and the Monadnock Region; NOW, THEREFORE, BE IT RESOLVED that the City Council of Keene hereby extends its sincere thanks to Francis P. Markert for his dedication to the City of Keene and wishes him the very best for his retirement years; and BE IT FURTHER RESOLVED that a copy of this Resolution, properly engrossed, be presented to Francis in appreciation of his contributions to the services and amenities that enhance the quality of life for those who live, learn, and work in, as well as enjoy, the City of Keene. PASSED

Kendall W. Lane, Mayor

City of Keene NEW HAMPSHIRE August 27, 2015 TO:

Mayor and City Council

FROM:

Finance, Organization and Personnel Committee

SUBJECT: MEMORANDUM: R-2015-33: Appropriation for the Installation Expense Lighted Crosswalk System on West Street On 0-5 vote, the Finance, Organization and Personnel Committee failed to recommend adoption of Resolution R-2015-33.

Chairman/Designee Background:

Mr. Blomquist stated the City Council at its last meeting recommended the City partner with National Grange Mutual regarding the location of a lighted crosswalk as requested by the Greek Orthodox Church. The church has raised concern about people crossing this area. The church brought in a proposal to split the cost with the city. Mr. Blomquist stated this would be similar to the crosswalk located near the multi-use trail on Winchester Street. The total cost for this project is $30,000 and the cost to the City would be responsible for $15,000 to come from the unallocated fund balance of the general fund. Councilor Powers noted the minutes of the MSFI asked staff to look at the number of crosswalks on Winchester Street and perhaps remove one of those. The Councilor suggested removing the one on the east side of Federal Street. Mr. Blomquist stated when re-striping happens this upcoming spring, staff is likely to not stripe one of them. The Manager asked the Public Works Director to research why these sidewalks were originally located and give the Council an opportunity to weigh in on this report.

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Councilor Powers stated he supports the project but not the funding source. He stated he would like to see it included in the current operating budget. The City Manager felt because it is such a small amount he didn't see why it couldn't come out of the project accounts and asked the Public Works Director to comment. Mr. Blomquist stated that his largest project balance is winter and although they could possibly take this expense from that account he would ask that they keep in mind this account might need to be replenished as the winter moves forward. The Manager noted that it would need to be a dire circumstance before staff would come back to replenish this small amount. There was a question raised as to whether the Resolution was formally introduced. The Director stated the Resolution was on the agenda for August 6. The Public Works Director suggested making the motion as presented and defeating said motion while indicating that funding for the project would come from Public Works operating budget. The City Attorney clarified the Resolution itself was submitted to Council on August 61h. Mr. Blomquist answered in the affirmative and added the report was to participate and a Resolution be submitted for appropriation. The Attorney agreed that if the Resolution was presented to Council then the Committee should vote to not approve it tonight. Councilor Clark noted that in deference to Ruth Buskey the woman who was killed using this crosswalk in 1984, it is long overdue to have something done here. We are not voting against the project and did not want to do anything to change the schedule for this work. He recalled Councilor Chadbourne questioning where this money will come from and the Manager indicated it would come from unappropriated fund balance. Councilor Clark made the following motion which was seconded by Councilor Powers. On 0-5 vote, the Finance, Organization and Personnel Committee failed to recommend adoption of Resolution R-2015-33. Chair Greenwald explained this Resolution went before Council with the explanation that funding will come out of the unappropriated fund balance. However, information has come forward that there is money in the Public Works operating budget. Even though the Committee is voting against this Resolution, they are not voting against the project, it is just about where the money is coming from. Councilor Roberts noted by the Committee defeating this Resolution, the amount being defeated is only $15,000, which is well within the Manager's discretion to approve. The Manager agreed within the line items of the budget there is discretion and with understanding of the Committee and Council wanting the project to move forward the project will be approved and will move forward. However, if there is a surge of storms and the budget is over spent, staff will be back before the Committee.

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CITY OF KEENE

R-2015-33

2

In the Year of Our Lord Two Thousand and ..... fi.f1~~n .......................................................................................................

A RESOLUTION .............. R~l~!~\:tt.9..?.~.~P.P.f.9.P.rJ."1.~~~m.fm..~h~)n~!i!H.':l~.~9.n.~~P.~.T.1:~.~.f9.~..iP?.~?;q~!~.