Roll Call Pledge of Allegiance Minutes of Preceding

Transcription

KEENE CITY COUNCIL
Council Chambers, Keene City Hall
October 18, 20 12
7:00PM
Roll Call
Pledge of Allegiance
Minutes of Preceding Meeting
0. HEARINGS/PRESENTATIONS/PROCLAMATIONS
1. ELECTIONS/NOMINATIONS/APPOINTMENTS/CONFIRMATIONS
A. Nominations- Martin Luther King, Jr./Jonathan Daniels Committee
Airport Advisory Commission
B. Confirmations - Bicycle/Pedestrian Path Advisory Committee
2. COMMUNICATIONS
A. Rob Hitchcock/SVE Associates- Notification of Change in Use- Latchis Theatre Property
B. Jack Wozmak/Cheshire County Administrator- Request for Waiver of Parking Meter Fees Lost
During Latchis Theatre Demolition
C. Rev. Robert M. Lindberg- Resignation- Library Board of Trustees
D. Carole D. Monroe/NH FastRoads- Request to Access to City Property- Fiber Optic Cable
Installation for 350-400 Marlboro Street Facility
E. Luann Udell- Placement of Temporary Signs for Keene Art Tour
F. Don Maclsaac/Town of Jaffrey- Consideration for Adoption of Resolution- In Support of
Legislation Authorizing Funding for Delayed/Deferred State Aid Grants
G. Suzanne McCaughtry/FMC Ice Sports- In Support of Proposed Ice Rink at 350 Marlboro Street
H. Mark Raymond/Brattleboro Figure Skating Club- In Support of Proposed Ice Rink at 350
Marlboro Street
3. REPORTS
A. COUNCIL COMMITTEES
I. Acceptance of Donations- Teen Events- FOP COM
2. Lions Club Donation Towards Park Improvements- FOP COM
3. Progress Report with Keene ICE- FOP COM
4. Acceptance of Donations- Holiday Family Sponsorship- FOP COM
5. Cheshire TV Operating Agreement Renewal- FOP COM
6. Change Order #I- Additional Field Work to VHB Engineering Consultant Services ContractPhase I Drainage Master Plan Project No. 04-12-51 -FOP COM
B. CITY OFFICERS AND DEPARTMENTS
I. General Comments - City Manager
2. Memorandum- Code Enforcement Department- Hazardous Building Pursuant to RSA 155-B
- 12 Eagle Court
C. BOARDS AND COMMISSIONS
Keene City Council
October 18, 2012
Page 2 of2
D. MORETIME
4. ORDINANCES FOR FIRST READING
A. RELATING TO THE MARTIN LUTHER KING JR./JONATHAN DANIELS COMMITTEE
1. Memorandum - Parks, Recreation and Cemeteries Director
2. Ordinance 0-2012-17
B. RELATING TO CHANGES IN TRAFFIC PATTERNS AND PARKING
1. Memorandum - Public Works Director
2. Ordinance 0-2012-20
5. ORDINANCES FOR SECOND READING
6. RESOLUTIONS
A. RELATING TO THE APPROPRIATION OF FUNDS FOR FLOOD RESPONSE
1. Report- FOP COM
2. Resolution R-2012-29
B. IN APPRECIATION OF RHETT W. REEKSTIN UPON HIS RETIREMENT
C. IN APPRECIATION OF PETER B. WRIGHT UPON HIS RETIREMENT
D. RETURN OF LAYOUT AND ACCEPTANCE OF DEED-MAGNOLIA WAY
1. Petition- Attorney John F. Griffin, Jr. on Behalf of Hutter Construction Corp.
E. IN SUPPORT OF REDUCING GREENHOUSE GAS POLLUTION UNDER THE CLEAN
AIR ACT
I. Communication- Councilor Clark and Councilor Duffy
Non Public Session
Adjournment
10/04/2012
A regular meeting of the Keene City Council was held Thursday, October 4, 2012. The
Honorable Mayor Kendall W. Lane called the meeting to order at 7:00 PM. Roll called: KrisE.
Roberts, Terry M. Clark, Philip Dale Pregent, James P. Duffy, Carl B. Jacobs, Janis 0.
Manwaring, Robert J. O'Connor, Thomas F. Powers, David C. Richards, Bettina A. Chadbourne,
David R. Meader, Ruth R. Venezia, David J. Curran and Mitchell H. Greenwald were present.
June M. Donegan was absent. The Mayor led the Pledge of Allegiance. A motion made by
Councilor Greenwald to accept the minutes from September 20, 2012 was duly seconded. The
motion passed with a unanimous vote.
ANNOUNCEMENTS
Councilor Richards announced that the Joint Planning Board and Planning, Licenses and
Development Committee meeting scheduled for Monday, October 8, 2012 has been moved to
Tuesday, October 9, 2012 due to the Columbus Day Holiday.
PROCLAMATION- FRIENDS OF KEENE PUBLIC LIBRARY
The Mayor presented a proclamation to Don Wilmeth of the Friends of the Keene Public Library
announcing that the Fall Book Sale will take place on October 11, 12, and 13, 2012. The
proclamation further designated October II through 13, 2012 as Friends of the Keene Public
Library Days and urged all citizens to visit the Fall Book Sale at the Keene Public Library.
PRESENTATION PSNH UPDATE
ELM STREET MILL CREEK REMEDIATION PROJECT
The Mayor recognized Frank Ricciardi to provide an update on the Emerald Street Mill Creek
remediation project. Mr. Ricciardi began by stating that this is the fourth update on this project
and they are happy to report that the work has been completed. He went on to identify the
project team involved which consisted of: Project Manager John Liptek from the NH Department
of Environmental Services, Jeff James of True Blue Environmental, Mr. Ricciardi himself who is
from Weston Sampson Engineers, Air Logics LLC who did all the air monitoring, PSNH and
Northeastern Utilities.
He continued that the remediation project was a result of the former manufactured gas plant at
the end of Emerald Street whose operations began around 1859 and ceased in 1950. The plant
provided gas for illumination throughout the City of Keene. The residuals released from this plant
created contamination in Mill Creek and the Ashuelot River.
Mr. Ricciardi explained that the remediation project at the end of Emerald Street was conducted
in two phases, the first of which was clean-up of the source area in 2004 and 2005. During that
time over 20 thousand tons of contaminated soils were removed from the site, which equates to
about 500 truckloads. The soil was impacted by coal tar, which is a residual of the
manufacturing process that occurred at the plant. He continued that the second phase consisted
of remediation of approximately 900 linear feet of Mill Creek, and 550 linear feet of the
Ashuelot River as well. He noted that this work occurred close to several residential properties,
and wanted to thank the property owners for their support and patience during the course of the
work.
146
10/04/2012
Mr. Ricciardi went on to explain the scope of phase two which included the removal of
approximately 41 thousand tons of impacted sediment. To accomplish this work, temporary
dams had to be installed using a sheet pile diversion system. In addition, storm water runoff
from the Downtown had to be diverted around the site. He noted that about 7 million gallons of
water was treated through the City's wastewater treatment facility, and they recovered about
9,400 gallons of three-phase coal tar as well. This was recycled in an environmentally friendly
way, including decontaminating the soil collected to allow it to be reusable fill.
He went on to show various pictures of the impacted areas of Mill Creek and along the Ashuelot
River prior to the remediation. He then showed pictures of the work that was done and the
equipment utilized to accomplish the clean-up. He also presented several photographs depicting
the impacted areas at completion of the project. He noted the grading, and native plantings that
were incorporated in these areas. He stated that they also worked with DES to deepen certain
areas to increase storage capacity and keep sediment from accumulating in certain areas to help
with the flow of water. They worked with the DES Wetlands Bureau to ensure that the plantings
put in were appropriate. The vegetation that was planted is taking root, and they intend to
monitor the area over the next two growing seasons to ensure that the plantings are flourishing
and replace any that are not doing well. He displayed the Hickey-Desilets Park which was used
as an access to the area, and has now been returned to its original state. He acknowledged the
residents and businesses in the area and thanked them for their ongoing support during the
project. He also thanked the Mayor and Council for their support.
Mr. Ricciardi ended by introducing Bill Hoymack, Environmental Remediation and Audit
Manager for Northeast Utilities, and Chris Soroka, Environmental Remediation Specialist of
Northeast Utilities. He offered to answer any questions. The Mayor opened the floor to
questions from the Council.
Councilor Jacobs asked what exactly was done with the contaminants removed from the site.
Mr. Ricciardi stated that the impacted soil was sent to a thermal desorption facility which bums
the contaminants and oil off, and the soil is then able to be reused. The plant has strict standards
that it must follow to test the soil before allowing it to be reused, and this is a much better option
than putting the contaminated soil in a landfill.
Mayor Lane thanked the project team for the work they completed during the remediation
project, and noted its positive impact on Keene.
NOMINATION- BICYCLE/PEDESTRIAN PATH ADVISORY COMMITTEE
The following nominations to City Boards and Commissions were submitted by the Mayor:
Linda Rubin as a regular member to the Bicycle/Pedestrian Path Committee with a term to expire
December 31, 2013, and Charles H. Redfern as an alternate member to the Bicycle/Pedestrian
Path Committee with a term to expire June 30, 2012. The confirmations will occur at the next
regular meeting.
147
10/04/2012
COMMUNICATION- PAMELA RUSSELL SLACK
A communication was received from Pamela Russell Slack requesting a review of the proposed
parking in conjunction of the new Court House. The communication was referred to the Planning
Board.
FOP REPORT- MEMORANDUM: PARKS AND RECREATION DIRECTOR- DONATION
FOR NORTH CENTRAL PARK
Finance, Organization and Personnel Committee report read recommending that the City
Manager be authorized to do all things necessary to accept a donation of a Liberty Elm tree and
that the tree be planted in North Central Park. A motion by Councilor Greenwald to carry out the
intent of the report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- MEMORANDUM: IMS DIRECTOR- VENDOR RECOMMENDATION FOR
ORACLE BUSINESS INTELLIGENCE IMPLEMENTATION
Finance, Organization and Personnel Committee report read recommending the City Manager be
authorized to negotiate and execute an agreement with Decision Wave Technologies for the
Oracle Business Intelligence Implementation project. A motion by Councilor Greenwald to carry
out the intent of the report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- MEMORANDUM:
POLICE CHIEF- REIMBURSEMENT FROM NH
POLICE STANDARDS AND TRAINING COUNCIL
Manager be authorized to do all things necessary to accept a grant of $1,000 from the NH Police
Standards and Training Council to reimburse costs associated with participation of one
Lieutenant in the Mid-Management Course at Roger Williams University. A motion by
Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed
with a unanimous vote.
FOP REPORT- MEMORANDUM: AIRPORT DIRECTOR- TERMINAL LEASE
AGREEMENT AMENDMENT- MONADNOCK AVIATION
Manager be authorized to execute an amendment to the Monadnock Aviation, Inc., Land Lease
Agreement, relative to the addition of Room #7 in the Airport Terminal Building. A motion by
Councilor Greenwald to carry out the intent of the report was duly seconded. The motion passed
with a unanimous vote.
FOP REPORT- MEMORANDUM: AIRPORT
RENEWAL- CARL & BETTY THOMAS
DIRECTOR
LEASE
AGREEMENT
Finance, Organization and Personnel Committee read recommending that the City Manager be
authorized to renew a Land Lease Agreement between the City and Carl & Betty Thomas,
relative to land at the Dillant-Hopkins Airport. A motion by Councilor Greenwald to carry out
the intent of the report was duly seconded. The motion passed with a unanimous vote.
148
10/04/2012
FOP REPORT- MEMORANDUM: ASSISTANT PUBLIC WORKS
DIRECTOR/LABORATORY MANAGER- WWTP AERATION BLOWER EQUIPMENT
Manager be authorized to do all things necessary to negotiate and execute a Memorandum of
Understanding with APGN, Inc. to supply two NX-150 High Efficiency turbo blowers at a price
not to exceed $265,650 and with a guaranteed energy performance as specified in the proposal.
A motion by Councilor Greenwald to carry out the intent of the report was duly seconded. The
motion passed with a unanimous vote.
FOP REPORT- MEMORANDUM: ASSISTANT PUBLIC WORKS
DIRECTOR/LABORATORY MANAGER- WWTP ULTRA VIOLET DISINFECTION
EQUIPMENT
Finance, Organization and Personnel Committee read report read recommending that the City
Manager be authorized to do all things necessary to negotiate and execute a Memorandum of
Understanding with Xylem Water Solutions to supply ultraviolet disinfection equipment, model
TAK55, for the Wastewater Treatment Plant at a price not to exceed $405,329 and with a
guaranteed energy performance as specified in the proposal. A motion by Councilor Greenwald
to carry out the intent of the report was duly seconded. The motion passed with a unanimous
vote.
FOP REPORT- MEMORANDUM: 2013 INFRASTRUCTURE PROJECT
(WINTER/SUMMER/CENTER/MIDDLE STREETS)- CONSULTATION SELECTION
Manager be authorized to do all things necessary to negotiate and execute a professional
engineering services contract with Underwood Engineers, Inc. for engineering design services
for the 2013 Infrastructure Project which includes Winter, Summer, Middle and Center Streets
for a fee not to exceed $81,4 78. A motion by Councilor Greenwald to carry out the intent of the
report was duly seconded. The motion passed with a unanimous vote.
FOP REPORT- MEMORANDUM: CHESHIRE COUNTY- CONSIDERATION AS A
"BULK" RATE WATER USER
Finance, Organization and Personnel Committee report read recommending that this matter be
reported out. A motion by Councilor Greenwald to carry out the intent of the report was duly
seconded. The motion passed with a unanimous vote.
MORE TIME
More time was granted by the chair for the following item in committee; Center Stage Cheshire
County- Request to Waive Invoice for City Services- Street Fair.
149
10/04/2012
QUARTERLY ATTENDANCE REPORTS
Third quarter attendance reports were received from the Municipal Services, Facilities and
Infrastructure Committee, the Finance, Organization and Personnel Committee and the Planning,
Licenses and Development Committee. The reports were filed into the record.
MEMORANDUM & RESOLUTION R-2012-29 RELATING TO AN APPROPRIATION OF
FUNDS FOR FLOOD RESPONSE
A memorandum was received from the Finance Director requesting that Resolution R-2012-29
be referred to the Finance, Organization and Personnel Committee. The memorandum and
resolution were referred to the Finance, Organization and Personnel Committee.
ADJOURNMENT
At 7:56PM, on motion by Councilor Greenwald, voted unanimously to adjourn.
A true record, attest:
Deputy City Clerk
150
City of Keene
New Hampshire
October 16,2012
TO:
The Keene City Council
FROM:
Kendall W. Lane, Mayor
SUBJECT:
Nomination
I hereby nominate the following individuals to serve on the following Board or Commission.
MARTIN LUTHER KING, JR. /JONATHAN DANIELS COMMITTEE
Gail Zachariah, reappoint
Term to expire, Dec. 31,2014
Jonathan Perry, reappoint
Term to expire, Dec. 31, 2014
Nancy Ancharski, reappoint
AIRPORT ADVISORY COMMISSION
Peter Delaney (slot I)
303 Jordan Road
Keene, NH 03431
357-0947
In City Council October 4, 2012.
Tabled until the next regular
meeting.
~J
l
T~
ill::. JX!)6W
City of Keene
New Hampshire
Deputy City Clerk
September 26, 2012
TO:
The Keene City Council
FROM:
SUBJECT:
Nomination
I hereby nominate the following individuals to serve on the following Board or Commission.
BICYCLE/PEDESTRIAN PATH ADVISORY COMMITTEE
•
Linda Rubin, regular (slot 4)
Cheshire Medical Center
580 Court Street
Keene, NH 03431
[email protected]
354-5454 x3930
Term expires, Dec 31,2013
Charles H. Redfern, alternate (slot 8)
9 Colby Street
Keene, NH 03431
[email protected]
357-4982
Term expires, Dec 31, 2012
SVE Associates
Engineering
*
Surveying
*
Landscape Architecture
*
Planning
October 3, 2012
Keene City Council, c/o Patti, Little, City Clerk
& Keene Planning Board, c/o Rhett Lamb, City Planner
3 Washington Street
Keene, NH 03431
Re:
RSA 674:54, Cheshire County, Latchis Theater
Ladies and Gentlemen:
Pursuant to RSA 674:54, Cheshire County is hereby notifying you that the land currently occupied by
the Latchis Theater building is going to be substantially changed in use from an empty building shell to
a parking lot, for use by County employees.
The City considers the Theater to be a safety hazard and has for several years encouraged the County to
demolish the building as soon as possible. Funding for the demolition was only recently approved. The
building is scheduled to be demolished and the parking lot built before the end of this month.
A concept for the parking lot is attached herewith but the final design will be determined by a parking
committee that has been put together by the City.
Assuming the City Council and the City Planning Board maintain past practice we would expect a
public hearing to be held October 22 at the next regularly scheduled meeting of the Keene Planning
Board. I will represent the County as Jack Wozmak, County Administrator, will be away.
Sincerely,
SVE Associates
J~ JL ;L-dt»"'L
RECEIVED
CITY OF KEENE
Rob Hitchcock, P.E.
OCT 0 3 2012
OFFICE OF
CITY CLERK
47 Marlboro St., Keene, NH 03431
Phone: (603) 355-1532
Fax (603) 355-2969
E-mail [email protected]
P.O. Box 1818, Brattleboro, VT 05302-1818 Phone: (802) 257-0561 Fax (802) 257-0721
P:\project\K2244 Cheshire County-Latchis Theater\ 12010 l .doc
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REFERENCED PLAN PREPARED BY THOMAS W.
FLAVIN, JR. LLS 587, nTLED "PLAT OF CHESHIRE
HOUSING TRUST SUBDIVISION" DATED JANUARY 10,
1996.
SVE Associates
47 Marlboro St., Keene, NH
Phone (603) 355-1532
03431
Fax (603) 355-2969
LA TCHIS THEATER
PARKING LOT CONCEPT PLAN
LANSOM STREET, KEENE, NH
Ir·~
.10/03/12 h
1"- 10'
n-.;...
1
County of Cheshire B
33 West Street, Keene, NH 03431
www.co.cheshire.nh.us
September 27, 2012
Mayor and City Council
City of Keene
3 Washington Street
Keene, NH 03431
RE:
Request For Waiver Of Parking Meter Fees
Dear Hon. Mayor Lane and Members of the City Council,
As you know, the County is moving forward with plans to demolish the former Latchis Theater
building located on Lamson Street and abutting the City-owned Gilbo Street parking lot.
The discussions between the County staff and the City staff have indicated that the County or its
contractor will be required to reimburse the City for lost revenue from metered parking spaces
removed during the demolition project. It is our understanding that we can request a waiver
from the City Council of these fees.
We expect that approximately 15 metered parking spaces will be out of service for
approximately two weeks during demolition. Such fees are anticipated to be between $500 and
$750, depending on the final work timeline.
We are requesting the City Council waive the parking fees associated with this project.
On behalf of the Cheshire County Commissioners, I thank you in advance for your consideration.
Jac
zmak,
ounty Administrator
Area Code 603
+ County Commissioners 352-8215/Fax 355-3026 + Registry of Deeds 352-0403/Fax 352-7678 • Finance Department 355-0154/Fax 355-300033 West Street, Keene, NH 03431 • County Sheriff 352-4238/Fax 355-3020 • County Attorney 352-0056/Fax 355-3012- 12 Court Street, Keene,
NH 03431 • Alternative Sentencing/Mental Health Court 355-0160/Fax 355-0159- 265 Washington St. Keene N.H. • Department of Corrections
825 Marlboro Street, Keene, 03431- 903-1600/fax 352-4044 • Maplewood Nursing Home & Assisted Living 399-4912/Fax 399-7005- TTY Access
1-800-735-2964 • Facilities 399-7300/Fax 399"7357 • Human Resources 399-7317/399-7378/Fax 399-4429-201 River Rd, Westmoreland, NH
03467
Robert M. Lindberg
91 Gunn Rd
Keene, NH 03431
September 25, 2012
Keene Public Library
60 Winter St
Keene, NH 03431
To Whom it May Concern:
Due to the fact that I will be moving out of the city of Keene in October, I regret that I must
resign from the board of the Keene Public Library, effective immediately. I had informed the
Mayor of this several months ago, but understand that this letter will serve as my formal
resignation.
Thank you for having given me the opportunity to participate in this important community
resource. You may be sure that I will continue to support the Library as a patron for many
years.
Sincerely,
New Hampshire
FastRoads
51 Railroad Street, Suite 130
Keene, NH 03431
603-283-5129; 603-357-4917 fax
www.newhampshirefastroads.net
J.. D
RECEIVED
CITY OF KEEN!=
September 28, 2012
City Council
City Clerk
City Hall
3 Washington Street
Keene, NH 03431
OCT 0 3 2012
OFFICE OF
CITY CLERK
Dear City Council:
New Hampshire FastRoads has a Connection Agreement with the City of Keene to connect facilities with
fiber optic cable. The most direct route to the Public Works and Police facilities on Marlboro Street is
through the conduit on the bike path from Water Street. We are seeking permission to access this right-ofway. In addition, we would like permission to use the conduit to connect to the back side of 310 Marlboro
Street. It may be necessary for us to install an underground hand hole to the right of the path behind 310
Marlboro if one does not exist today.
Please let me know what the next steps are to obtain permission. Thank you.
Sincerely,
ClM»uu~
CaroleD Monroe, Executive Director
603-283-5129
[email protected]
Mayor Kendall Lane
City Clerk's Office
3 Washington ST
KeeneNH
Re: Sec. 102-1301.- Temporary signs.
Dear Mr. Lane,
This past weekend, a zealous city code officer removed directional
signs for a two-day event in Keene.
On October 6 and 7, I and two other Keene mtists patticipated in the
Fall Foliage Att Studio Tour (27 artists in eight towns in the Monadnock
region.) The public is allowed to see where we work, and how we make our
mt. We also have our work for sale at these events.
This was our fifth year with a highly successful tour. This event
coincides with the prestigious Monadnock Art Tour, and a newer tour, River
Valley Artisan Tour, with·over a hundred pmticipating artists in all.
None of us operate a business from our homes. We do not post
permanent signs. We are not open to the public---except two or three times
a year, for a weekend.
These events bring thousands of visitors to the Monadnock region.
These visitors contribute to Keene's economic health, not just by purchasing
our art, but by dining in area restaurants, buying gas at local gas stations, and
spending the night at area hotels and bed & breakfast establishments.
This benefit comes at no extra cost to the City of Keene. No
extraordinary city services are required, no police services are needed, and
no streets are closed. Our signs go up the morning on each day, and are
removed promptly each evening, for two days. They are attractive and of
reasonable size.
One artist had her directional signs removed, and delivered to her
house by this code officer. Based on attendance on previous tours, her
attendance fell by at least 75%. Based on those figures, and the increased
attendance experienced by other artists this year, she estimates a net loss of
--
~.,...
at least $2,000. I hope other visitors did not leave Keene in frustration and
take their dining dollars somewhere else.
I've inquired about the ordinance restricting the use of directional
signs for a temporary event. Real estate open houses are allowed. It's my
understanding that artist open studio tours were not considered when the
restrictions were put in place.
Prohibiting signs for an art tour does not serve our city's economy.
Removing them during the event does not serve the community image of the
City of Keene.
This ruling has resulted in unforeseen and unintended consequences.
It's time to pause strict enforcement and to consider making an exception for
events such as ours.
As a tax-paying, voting citizen ofKeene, I request that Sec. 102-1301.
- Temporary signs be amended to allow temporary signs for art events. I ask
that this ordinance be put on hold if it takes more than a few weeks to so
amend.
On November 3 and 4, Kristina Wentzell and I are introducing
Keene's very first annual open studio--the Keene Art Tour. We have 19
artists at 13 locations in Keene. I can only imagine the chaos if our signs are
removed during the event.
Community investment and support for the arts have a track record of
"paying back" to the community tenfold. I hope the City of Keene will
celebrate and encourage our events, instead of relegating them to a status
lower than that of a garage sale.
Sincerely,
~VddL_
2 71 Roxbury Street
Keene NH 03431
603-352-8633
[email protected]
cc: Keene City Council
Oct 16 12 11:06a
Don/Pat Macisaac
603-532-6353
Dooald A. Macisaac, Selectman
Jaffrey Town Offices
10 Goodnow Street
Jaffi:ey, NH 03432
October 16, 2012
Keene City Council
City Hall
3 Washington Street
Keene, NH 03431
Dear City Council Members:
RSA 486 established the State Aid Grant program whereby the State SHALL pay assistance for
water/wastewater inftastructure projects. NHDES is the administrator of this program. The
Legislature has authorized payments only for those projects for which they have already been
paying. Since 2008 the State bas accumulated 124 eligible projects for which payments have
been "delayed/deferred".
Jaffi:ey bas the largest single project on the list at S6 miUion. Thus, I have become the
spokesperson for the municipalities. The NH Municipal Association bas been assisting and has
made this an "action priority" for the upcoming Legislative Session.
Keene bas 4 projects on this "delayed/deferred" list which total $1.2 million.
At risk is the State and local government partnership in advancing water/wastewater
infrastructure improvements. Further, these 124 projects have all met the NHDES requirements
and have been deemed eligjble for funding.
At this point, the need is for the municipalities to voice their cry for action. All of us are wi!ling
to pay our share of these projects; none of us wants to pay the State's share also. Therefore I am
requesting that the Council adopt a Resolution requesting all candidates for state elective office
support legislation to authorize funding for these "delayed/deferred" State Aid Grants. Attached
for your reference is Jaffi:ey's resolution.
Together we can be successful not only in securing funding for our deferred State Aid Grants, but
also in re-estalblishing this State and local government partnership for water/wastey,-ater
infrastructure improvements.
Thank you,
Don Macisaac
p,2
Oct 16 12 09:33a
Don/Pat Macisaac
603-532-6353
RESOLUTION
WHEREAS t~e State Legislature has historically supported municipal wastewater, public drinking water
and landfill closure projects through the State Aid Grant program administered by the New Hampshire
Department of Environmental Services;
AND WHEREAS the public derives significant benefits from municipal infrastructure S\'Stems, including
improved public 11ealth, public safety, environmental protection and also monetary benefits to our state
and local economies frorr. economic growth, recreation and tourism;
•
AND WHEREAS pursuant to RSA 486 and RSA 486-A the State Legislature has expressly authorized a
gra1't p1·ogram for municipalities toTeceive from 20% to 30% of assistance toward principal and interest
payments on eligible environmental infrastructure projects;
ANl) WHEREAS local government offidals and citizens faithfully relied on the State's commitment to this
funding partnership that was created by the Legislature to make these environmental infrastructure
investments more affordable at the local level;
AND
W.'IERG\Sthe Legislature, since October 2008, has deferned all state appropriations to the State
Aid Grant program resulting in 124 eligible munidpaJ projects, constructed in reliarJce of grant funding,
but not receMng any funding in state fiscal years 2009,2010,2011 and2012;
AND WHEREAS tne backlog of eligible municipal projects indudes 100 wastewater projects totaling
more than $46 mi!!ion; 17 public water supply projects totaling more than $7.5 million, and 71andii!f
projects totaling more than $800,000 in grant requests;
AND WHEREAS the New Hampshire Municipal Association has adopted a Legislative Policy position to
support futu·e legislation that requests the state fulfills its existing statutory obligation to municipalities;
NOW TffEREFORE BE fT RESOLVED that the Town of Jaffrey hereby respectfully requests all candidates
running for state elective office to support legislation which will
be iiled in the 2013 legislative session
and which will authorize fully restored funding to the State Aid Grant program's eligible deferred
projects.
Jeanne LaBrie, Selectman
n
'/!·~
MH/.11/t{ Y(;{jj_))~
Donald Macisaac, Selectman
· t.-- -v--::, 1 r .r .
~le(~~i)-~~
Kathy Batchelder, Selectman
Date
p.2
Oct 16 12 09:33a
Don/Pat Macisaac
603-532.0353
p3
..;.._ Qa!E ~'-''11!J6L
fofri;/n-
Water will be a hot issue for Legislature
By JOHN mOLE
The Eagle-iribune
(North Andover, Mass.)
CONCORD - Water is
about to make a big splash
in New Hampshire.
In the coming weeks,
~v. John Lynch's Water
St:.Stainability·Commission
ed report that has libertY
and property rights adv<>-
cates on edge.
By executive order,
Lynch established the 14member commission last
year to come up with a
plan to protect water as a
valuable reS<Jurce.
His order highlighted
will issue a much-anticipat- the importance of water,
not just in daily life, but
for tourism, recreation,
business and consumers.
political process, we're concerned the report could get
lost in that and the issue is
"The high quality life so important we would like
in New Hampshire fosters it to get good attention•
economic and population
This will be a strategic
growth tbat, in turn, leads plan, not one thst produces
to an increased demand for specific legislation. That
water and chaoges to the
will be left. to the state's
landscape, botb of which
pallcy-mokera, Gilbert said.
have the potential to signif"The report
offer
icantly impact water restrategic goals with •upsources," Lynch wrote.
porting recommendations,"
The governor directed
he said. "We think it does
the commission to look at
provide a framework for
both surface and groundwa- that long-term vision."
ter, and prioritize actions
to presen•e water resources
and see they are managed
to protect New Hampshire's
economy and quality of life.
The collllilission is supposed to report on needs for
m
wiU
water supply, wastewater
disposal and storm water
management, and make
recommendations fur infrastructure and investments.
The commiss.ion's work
has raised concerns among
some property owners and
liberty activists about what
a state water plan might
mean for individuals.
Chairman John Gilbert
said Friday the report is
near completion.
"We are targeting the
release for after the election," he said. "There is so
much noise now around the
Suzanne McCaughtry
70 Park Avenue
Keene, NH 03431
[email protected]
{603) 313-3801
October 15, 2012
Keene City Council
Patricia A. Little, CMC
Central Square
Keene, NH 03431
Mitchell H. Greenwald, Chair ( Finance, Organization and Personnel Committee)
What an amazing evening Thursday October 11th seeing the considerable support shown for Keene Ice
and the hopes and dreams of many residents as the proposal for the new ice rink comes closer and
closer. I sat and listened and chose to write this letter instead of speaking as I felt I might be a bit long
winded.
I am a professional figure skating coach of 34 years having begun my career right here in Keene, with the
Cheshire Figure Skating Club in 1978. I have coached all over the tri·state region and I am presently on
staff with three figure skating clubs in the area and I am Director of Skating with FMC Ice Sports, Inc. in
Greenfield Massachusetts at the Collins-Moylan arena. I presently represent USFS (United States Figure
Skating Association) and lSI ( Ice Skating Institute) in both my private teaching and professional
programming. USFS focus being that of training providing an Olympic team and lSI being a strictly
recreational focus yet also providing for National and World level competitions.
Many of the speakers during the meeting emphasized the two major users that being the figure skating
community and the hockey community. I want to add an enormous link as users and that being the
"skaters". There are many who just want to learn to skate, a skill, a life-long skill. I work with an amazing
group of adults in the area. Most are 50 years of age or older many are retired from successful careers
and skating is there exercise, their social life their connection to future goals and aspirations. I have on a
regular basis adults competing at the Regional and National level with USFS and National and World
level with lSI. These adults bring their children and their grandchildren into this sport of "skating." Take a
ride to Brattleboro when the rink opens in November on any given morning during the public ice and
you will see a sheet of ice filled to capacity with adults!! Some are jumping, spinning, some speed
skating, some dancing, some working on power skills and others just content to be gliding along. Adults
are huge component to the success of an ice facility they will be a backbone.
Page Two
Another area that needs to be tapped is our school system, our children, our young people who need
physical exercise, need something out of the realm of what is offered to them at the schools. Home
schoolers need a physical activity, private schools in the area without the funds for huge physical
education equipment, what a resource for all these children. Through the recreation department there
are endless possibilities to give these children the opportunity to learn to skate and take it where they
may. Part of a gym class, this won't have to be a "winter" sport and rely on the weather for conditions of
an outside slab, this is always and forever. Imagine elementary, middle school, high school dances, yet
on ice? OJ nights with great music and great entertainment and a safe environment for our residents
and their children. Day care facilities, especially those who offer "after school" care for those whose
parents are working, what a great way to end the day, skating!!!
In closing I just want to thank you all for allowing this project, this dream, to get to this point. I feel
strongly that the work that has gone into the planning of this ice rink is of superior quality. I have been
in attendance to the lSI and PSA annual conferences in Dallas and Orlando, with FMC Ice Sports,* in the
last two years and I work with those who have historical rinks and those who are just starting, we are all
a team together in this wonderful business of skating and it is a rewarding one at that. Thank you for
allowing me this communication in support of an ice rink in Keene, New Hampshire.
If at any time you would like to speak further I would be more than happy to entertain any further
discussions to support this venture.
* FMC Ice Sports began in 1992 taking over the leases on the state owned rinks (25) in Massachusetts. Many of those facilities were in terrible
states of repair and lacking the proper management and programming. Now 20 years later these facilities are highly successful and the owners
have earned many awards and come highly respected in the ice facility management business.
SUZANNE McCAUGHTRY
Professional Figure Skating Coach
70 Park Ave., Keene, NH 03431
(603) 313-3801
[email protected]
Memberships
USFS, PSA-Rated
lSI
Ice Dance
Freestyle
Moves
~t-4
~--~~~~---------------,~~~~--~~~----------~
Keene City Council
Keene City Hall
Keene, NH 03451
Brattleboro Figure Skating Club
P.O. 602
Brattleboro, VT 05301
Bratt Iebo rofigu reskati ng@ya hoo. com
To whom this concerns,
I am writing this letter as a board member of Brattleboro Figure Skating Club (BFSC), skating instructor,
and active figure skater. It was a privilege to be witness to the City Council meeting held Thursday
October 11, 2012 regarding the prospect of building an Ice Arena.
On behalf of the BFSC board I wish to share with you that there is much excitement with the potential of
having an ice arena in Keene and a possibility of a longer or even year round ice skating season. There is
a great need for this region to have a year round ice skating facility. The BFSC has many interested
members with the possibility of having available freestyle practice ice and public ice skating time during
the spring and summer months while the Brattleboro Ice rink is closed; early March through the middle
of October. The BFSC supports the City of Keene in building an ice arena and are interested in having
available the opportunity to rent ice time for our club members. We are in hopes that the City of Keene
considers our organization to be included in the scheduling process for renting ice time.
The lack of a year round ice arena has increased the cost for skaters as well as a loss of potential income
to the region. The closest year round skating facility requires a minimum of 2 hours driving time to and
from the rink. A Springfield, MA skating facility offers limited freestyle practice ice and even less public
ice time in the summer months. Many figure skaters of BFSC are faced with another hour plus of travel
time over the summer months to participate in the sport. The extreme driving time for adult skaters
and parents of our skaters doubles the expense. It is a deterrent for those who participate in
competitions.
Figure Skating has the fifth largest fan base in sports as stated in the US Figure Skating Fact Sheet I have
enclosed with this letter. It is a deficit of our community to not be able to offer Figure Skating year
round and as stated by others the Thursday meeting, not having a year round skating facility in this
region can deter people from moving here. In having to consider a minimum of two hours travel time in
order to partake in figure skating makes living closer to year round ice arena very attractive.
I thank you for your time and for the opportunity to witness this process of your city considering
building this needed asset to our region.
~4'~
R;?m:n~
Mark
53 Myrtle Street
Brattleboro VT, 05301
[email protected]
802-275-8470
Board Member of the Brattleboro Figure Skating Club
membership
Figure Skating Fan
TV Audience Profile
U.S. Figure Skating Records
Olympic Records
Singles Records
U.S. figure skaters have won more Olympic medals (46) than any other country.
Michelle Kwan, the most-decorated U.S. figure
skater in the history of the sport, claimed nine
World medals (5 gold, 3 silver, 1 bronze), nine
U.S. titles and two Olympic medals (1 silver, 1
bronze).
The United States has won at least one figure
skating medal in 17 consecutive Olympic Winter
Games dating back to 1948, when Dick Button
won his first Olympic gold medal.
International Record
Figure skaters representing the United States
have won 186 World Championships medals and
52 World titles.
Timothy Goebel became the first man in history to
complete three quadruple jumps in one program
at 1999 Skate America in Colorado Springs,
Colo.
American Tara Lipinski is the youngest Olympic
champion, winning the title in 1998 at age 15.
As a sport, figure skating has the largest fan
base of females 12 and older. These fans
prefer to watch skating over college football,
the NFL, MLB and NBA.
• Figure skating has the fifth-largest fan base of
people (male and female) 12 and older. (Only
NCAA football, NCAA basketball, the NFL, and
MLB rank higher.)
• Figure skating ranked third in the Fan Intensity
Index (percentage of fans who consider
themselves avid).
• 65% of females over 12 consider themselves
figure skating fans.
• 75% of women over 55 consider themselves
figure skating fans.
In-Arena Fan Profile
On-site research was conducted by Turnkey
Sports at the 2007 State Farm U.S. Figure Skating
Championships in Spokane, Wash., over the weekend of Jan. 27–28.
• The number of female attendees nearly tripled
the number of males.
• 90% rated their overall experience at the
event 5 or higher (on a scale of 1 to 7).
• 37% traveled 200 or more miles to attend
the event.
• 68% of figure skating fans have college degrees.
• 60% attended the event with family.
• 60% of fans said they were “extremely
satisfied” with the event.
• 68% of fans agreed with the statement that
“they would be more loyal to a company’s
brand or service as a sponsor of U.S. Figure
Skating.”
• 32% indicated they were “more interested
in purchasing products and services from a
sponsor.”
• 52% of figure skating fans own a personal
computer.
• Median household income of figure skating fans
is approximately $90,000.
• 34% have household incomes of more than
$100,000.
• 42% have household incomes of more than
$75,000.
*Based on research done by Turnkey Sports at the 2007 State Farm
U.S. Figure Skating Championships and a 2009 ESPN Sports Poll and
performance research at the 2004 State Farm U.S. Figure Skating
Championshps
U.S. Figure Skating • 20 First Street, Colorado Springs, CO 80906 • Ph 719.635.5200 | Fax 719.635.9548 • Email: [email protected] | usfigureskating.org
6
City of Keene
NEW HAMPSHIRE
October II, 2012
TO:
FROM:
Finance, Organization and Personnel Committee
SUBJECT:
MEMORANDUM: Parks, Recreation and Cemeteries Department Program Coordinator- Acceptance of Donations - Teen Events
On a vote of 5-0, Finance, Organization, and Personnel Committee recommends that the
City Manager be authorized to do all things necessary to accept donations associated with
the teen program initiatives.
Chairman/Designee
Background:
Parks, Recreation and Cemeteries Director, Andrew Bohannon stated that he is before the
Committee to seek approval for a donation for a series of teen events through a youth
coalition. He stated that rather than coming to the Committee for each individual event,
staff is looking for approval for the entire school year. He indicated that there is an
upcoming co-ed dodge ball event at the Recreation Center, specifically for teens. Megan
Spaulding the department's program coordinator has been working on this issue with the
City's Youth Services Department, the Tobacco Coalition, the Keene Housing Authority
and the YMCA.
Mr. Bohannon stated that as part ofthe Recreation Management Master Plan, staff is
working on trying to increase teen programming and this is one of the initiatives to further
that objective.
Councilor Roberts stated that around the country many schools have eliminated dodge ball
because they feel it brings about negative self-esteem, but noted that he has seen people
play dodge ball at the Rec. Center and everyone seems to be having a good time and asked
whether Mr. Bohannon has heard any complaints. Mr. Bohannon stated that they play
different variations of the game with the younger children and the ball is aimed at the feet
and not the head and not one child is the target. The adult dodge ball league has been very
successful and increases physical activity.
Councilor Clark made the following motion which was seconded by Councilor Powers.
On a vote of 5-0, Finance, Organization, and Personnel Committee recommends that the
City Manager be authorized to do all things necessary to accept donations associated with
the teen program initiatives.
City of Keene
NEW HAMPSHIRE
October II, 2012
TO:
FROM:
SUBJECT:
MEMORANDUM: Parks, Recreation and Cemeteries DirectorLions Club Donation Towards Park Improvements
On a vote of 5-0, the Finance, Organization and Personnel Committee accepts as
informational the Parks and Recreation Director's memorandum. Further, the Keene
Lions Club will meet to discuss future improvements through donations to Fuller Park at
the Recreation Center on Washington Street. As the improvements are finalized through
landscape designs and costs associated with the project, an update will be provided back
to the City Council.
Background:
Mr. Bohannon stated that the Lions Club has been a prominent member within the
community in support of recreation activities. They established the two pools, and have
made donations towards different city playground structures. The students of a landscape
design class at Keene State College proposed to do some work and the City suggested
Wheelock Park and Fuller Park as two venues they could provide assistance and the Lion's
Club is looking to do some landscape design as well as construct a performance pavilion so
that the department can conduct outdoor movies and concerts. Mr. Bohannon introduced
Ron Farina, Christine Greenwood and Mike Forrest from the Lion's Club who are present
today and took the opportunity to thank them.
Mr. Farina addressed the Committee and stated that one of the main objectives of the
Lions' Club is leadership for the youth and anything they can do to help youth in this
community is what they are trying to do and felt that this addition would be a great asset
for Keene at no cost to the City.
Councilor Powers made the following motion which was seconded by Councilor Roberts.
On a vote of 5-0, the Finance, Organization and Personnel Committee accepts as
informational the Parks and Recreation Director's memorandum. Further, the Keene
Lions Club will meet to discuss future improvements through donations to Fuller Park at
the Recreation Center on Washington Street. As the improvements are finalized through
landscape designs and costs associated with the project, an update will be provided back
to the City Council.
City of Keene
NEW HAMPSHIRE
October II, 2012
TO:
FROM:
SUBJECT:
MEMORANDUM: Parks, Recreation and Cemeteries DirectorProgress Report with Keene ICE
On a vote of 5-0, the Finance, Organization and Personnel Committee recommends the
City Manager be authorized to do all things necessary accept as informational a progress
report on the proposed ice arena at 350 Marlboro Street presented by McLaughlin
Management and Design Group for Keene ICE.
~Yd:J
Chairman/Designee
Background:
Mr. Bohannon stated that the Keene Ice Center Enterprise (Keene ICE) has been
dedicated towards the creation of a new ice arena. In May staff had advised the Council
that this group will be coming back with a feasibility study very shortly; and the report
has now been completed. He indicated that the group has been working with Jack Dugan
ofMEDC and Terry McLaughlin of McLaughlin Management and Design to create this
feasibility study and they are here today to make that presentation.
Mr. Bohannon then introduced Jason Smart and John Rathensberger of Keene ICE. Mr.
Rathensberger stated that Keene ICE is a 50 1-C3 organization whose goal is to create a
year round ice arena in Keene which is a desperate need for this community. He
continued that the group has realized that 350 Marlboro Street is the best location for this
facility mainly because of its proximity to downtown Keene. He indicated that this
facility will be self-sustaining and the partnership with the City, which is yet to be
determined, would play a big role with the success of this project. To that end, the group
has been working with City of Keene representatives and MEDC and has determined that
this facility will not only be self-sustaining but would also be financially beneficial for
the City as well.
Mr. Rathensberger stated that Keene ICE realized that for a project of this size they
would need the assistance of an expert and hence they hired Terry McLaughlin who has
recently completed the feasibility study for the Keene Field House. Mr. McLaughlin has
consulted on many projects in the Monadnock region and since 1993 has consulted on
over 40 ice rink projects. Mr. Rathensberger indicated that this study has been funded by
Keene Youth Hockey, Cheshire Figure Skating Association, Clark Distributors, and
PSNH. He thanked those people for their generous donations. He indicated that there is a
need for this facility and from the number of people who are here today there is also a
passion for this project. If the rink is built it will be well used and would benefit the city
tremendously. Mr. Rathensberger ended that he hopes the city will support this endeavor.
Terry McLaughlin of McLaughlin Management and Design of Exeter, NH stated that he
has been in business since 1993. He indicated that he first started with the ice rink
construction business and then went on to consulting and circulated brochures for the
Committee's review. He pointed out that feasibility studies through which rinks have
been constructed in New Hampshire include Conway Arena in Nashua, Ham Arena in
Conway, NH, Plymouth State University and the rinks in Exeter NH. He added that all of
these are non-profit organizations. He noted that the model being presented is the model
he has worked with and has had success with, where there is a partnership between a nonprofit organization and a municipality.
Mr. McLaughlin stated that the purpose of the study he was hired to do was the
renovation of 350 Marlboro Street and the other option would be build a brand new rink
on a site yet to be determined. Mr. McLaughlin stated that he has experience in
renovating buildings as well as constructing new facilities. He noted that he was recently
involved with renovating one ofthe rinks in Manchester and the rink at Boston
University.
Mr. McLaughlin stated that he used a structural engineer and a mechanical engineer to
help him with this study and it became very clear that the renovation of 350 Marlboro
Street is the best option available to the group. The reason for this decision is location
due to the accessibility to the downtown. In addition, there is no land cost, 350 Marlboro
Street qualifies for tax credits, and finally renovation is about two million dollars less in
cost compared to constructing a new facility. The basic cost to renovate - construction
cost would be about 3.7 million dollars and the total cost would be about 4.5 million
dollars.
Mr. McLaughlin stated that he was involved with Keene State College when they were
involved in trying to construct a convention center on Gilbo A venue and hence had a lot
of historical data available to him. What was found is by operating this rink year round it
will generate about $630,000 in annual revenue versus expenses of about $440,000
(without any debt service). He stated that what he would suggest be added into these
costs is capital reserve fund of about $60,000 annually to address unforeseen cash flow
hiccups that could occur. He stated that he would also recommend for the first three years
to hire the services of a management consulting company to advise and to help maximize
revenue and contain expenses. Mr. McLaughlin stated that he could comfortably predict
that there could be a net of $80,000 per year.
Mr. McLaughlin went on to say that the biggest challenge with 350 Marlboro Street is the
structural nature of it. He indicated that the roof will have to be taken down and the
height increased and added that it will be a structural challenge but it is not something
that cannot be handled at a reasonable cost. Inside the building there will be about six
locker rooms, party rooms, pro shops, support offices, and concessions. He felt that this
was a positive opportunity for Keene and there is a good group proposing it. This
concluded Mr. McLaughlin's presentation.
The City Manager indicated that the next discussion to have would be what happens from
this point on. The feasibility study did come back indicating this is a good opportunity for
the city and also an opportunity to sell tax credits which staff feels can produce about two
million dollars for the project. The Manager stated that you off set the 4.7 million with
the tax credits and a capital campaign and you now have a realistic project. He noted that
all of this would need to be completed through a Development Agreement. There is also a
governance arrangement; if a community is going to be putting that kind of money into a
project they would want a say in how this money is generated and how this facility is
operated and that the money stays with this operation.
Mr. MacLean went on to say that there would be several agreements that will take place;
selling of tax credits through the help ofMEDC, the aesthetic of the building with the
help of the city, such as filling in some of the loading area and making it more inviting to
the public as well as some landscaping work. He indicated that if the Council feels like
they would like to support this project then staff will move forward with it. There is a
second feasibility study that would need to be done to determine how the capital can be
raised.
Jack Dugan ofMEDC addressed the Committee with reference to tax credits. He
explained that the tax credit program is a State tax credit program referred to as the
Community Development Investment Program (CDIP) and is administered through the
Community Development Finance authority (CDF A). He indicated that what this
program does is that it offers state tax credit to those area businesses that redirect their tax
dollars to local community development projects. He indicated that he is going to try
something different with this program; a typical tax credit is 7 5% and he is going to try to
leverage that and generate the multi-millions that are needed for this project. He stated
that the representatives at CDFA he has spoken with feel this can be done, and businesses
that have done this type of work in the past agree. Mr. Dugan stated that attracting people
to Keene can be challenging but when they come to Keene they see the amenities that
exist here that don't exist in smaller communities elsewhere and have specifically
mentioned the skating rink as one of those amenities that they would like to see added to
this community.
He went on to say that MEDC has sold in excess often million dollars in tax credits over
the past few years. MEDC knows who wants to buy them and that they would be put to
good use.
Councilor Pregent asked how much the City can get in State tax credits. Mr. Dugan stated
that the average through CDF A of these tax credits is approximately $400,000$600,000 but MEDC has successfully received larger awards. He noted that with this
project the plan is to apply for about a million dollars in tax credits and use that to
leverage a two million dollar campaign.
Councilor Pregent noted that the two million is less than half of the project, which leaves
about another two million to raise and asked how that is going to be raised. Mr.
Rathensberger stated that Keene ICE is in the beginning stages of a feasibility study for a
capital campaign and that is how the balance will be raised and stated that they will keep
the city informed oftheir progress.
Councilor Roberts noted that hockey families are known to bring in a lot of revenue to a
community and asked why the group was anticipating only a $500 income with
advertising per month. Mr. Rathensberger stated that they are being very conservative
with these numbers. The City Manager added that there is also the opportunity for
naming rights, the opportunity for more advertising as well as the opportunity for a
maintenance fund which would all become part of the discussion relative to the
development agreement.
Councilor Pregent clarified that the $80,000 income Mr. McLaughlin referred to is after
taking into consideration with no debt service payment. Mr. McLaughlin answered in the
affirmative. Councilor Pregent noted that the $80,000 might not then be a true number
then. Chair Greenwald pointed out that the bottom line is $185,000 and that these are
very preliminary numbers.
Councilor Roberts asked the Manager about the City's expenses that would need to be
raised and asked where these funds will come from. Mr. MacLean stated that there are a
number of different options. He stated that the first question is whether this money can be
raised and stated that it would be similar to the Y campaign and whether there will be
large signatory contributors.
Councilor Powers asked what the next steps will be. Mr. MacLean stated the first step is
to get the next feasibility study done and hopefully get a successful campaign started. He
stated that ifthat is successful, design and construction could be underway in about a year
but this will depend on a good and fast campaign. The Councilor asked whether the
Manager anticipates any issues with zoning and planning. The Manager stated that if the
development agreement proceeds along the lines it is intended and the city is operating
this through the governance agreement providing the user community some say over how
the money is spent, then zoning and planning should not be an issue even though the city
is considered to be a governmental use it still follows its own rules.
Councilor Clark asked for further explanation of the structural issues that were referred to
earlier. Mr. MacLean stated that there are columns inside the building that would need to
be removed and the roof would need to be altered as well. He indicated that there are a
number ofthings that can be done to accommodate that.
Chair Greenwald asked for comments from the public.
Jessica Piernanzi addressed the Committee on behalf of the Cheshire Figure Skating
Club. She stated that the figure skating club has been operating under the United States
Figure Skating (USFA) organization as a nonprofit organization for 30 years. She
indicated that currently they serve about 200 skaters, and provide opportunities to learn
to skate, as well as advanced skating programs. The skaters who are involved in this club
are from Cheshire and Hillsboro counties, Vermont and Northern Massachusetts. Ms.
Piernanzi stated that a new facility will allow them to recruit more skaters from these
areas.
Ms. Piernanzi continued that their skaters at the present time travel as far as Boston to
take part in competitions, and take USFS tests and clinics, but a new facility will enable
them to do all this locally and attract more people to the sport. There are also programs
that they can participate in through the USFS such as a special needs program or a
synchronized skating team. She stated that she appreciates the City's consideration with
this matter.
Ms. Beth J asinzki representing the Keene Youth Hockey Club addressed the Committee
and noted that she has also been a figure skating coach at the local club for the past 18
years. Ms. Jasinski stated that the Keene Youth Hockey Club currently has seven travel
teams and is a program that continues to grow which totals over a 100 kids. This does not
include the 'learn to play' program which has about 70 kids. She indicated that many of
the teams have already started practicing and start doing so before the Fairgrounds open
and hence travel to the Cushing Academy for practices. She indicated that even though
they continue to grow, they are losing players who are looking to skate year round. Ms.
Jasinski stated that without year round coaching the program and the club can only go so
far.
Mr. Tom Bodard from Dummerston, VT stated that he is the Co-President of the
Brattleboro Hockey Association. He indicated that he was asked by his Board to attend
today's meeting to show their support for this facility. He indicated that their rink also
has very limited ice time and are always fighting for ice time. Mr. Bodard noted that their
skaters are also travelling to Burlington, Amherst, and Springfield for practices and
competitions and having a year-round rink as close as Keene would be very beneficial.
He stated that their men and women's clubs have also shown interest in Keene and asked
that they be represented here tonight as well.
Mr. Chris Stroshine stated that he was involved with youth and adult hockey in this area
for many years. He stated that in the past the local rink opened as early as October but
now due to the age of the equipment the start date has been pushed back to November
and it is closed by mid-March. As a result they travel to Cushing Academy and at the end
of the season they continue to travel. He went on to say that this year is the first year they
have a men's league in Keene and the will have six teams, not including the teams that
travel to play hockey. Mr. Stroshine thanked Keene ICE for what they have done and
hoped it will be a successful venture.
Councilor Roberts asked whether Mr. Stroshine feels there could be some early morning
or late night leagues which could start up with this new facility. Mr. Stroshine agreed that
it would allow for that sort of flexibility and noted that the only reason this does not
happen now is because of the lack of shower facilities. He added that after late night ice
time, people also tend to frequent the local restaurants which could be a boost to the local
economy.
Cindy Rodenhauser Stewart of Pine A venue, Keene stated that she is on the Board of
Directors of Keene ICE, as well as the President of the Keene High School Ice Hockey
Booster Club. Ms. Rodenhauser stated that she has been an ice skating mom
uninterrupted since 1996. She indicated that she also represents a voice from twelve years
ago when the Monadnock Ice Center Association came before the Council to build an ice
rink. She indicated that the project at that time was planned for Railroad Square and over
a million dollars was raised. However, due to circumstances beyond their control that
project went away but the need is greater than ever and this facility is the future of
skating and hockey.
Ms. Jodie Greenwald Ballaro addressed the Committee and stated that she represents the
mom's and women who like to play hockey. She indicated that she heard the figure
skating coach talking about a Special Ed program and stated that this is something the
High School has been trying to incorporate for many years. Ms. Greenwald Ballaro
reiterated that this facility will benefit the community tremendously.
Mr. Bob Rodrick of Park Avenue, Keene stated that he travels as far Ashburnham, MA
for practice and his children get home around 11 :45 PM each night and noted that as a
team they have spent closed to 800 hours on highways between Keene and their home
rink and the season is just one month old. He indicated that added to that, they have taken
close to $8,000 to spend in another community which they would love to bring to Keene.
He noted that this facility will be in keeping with Cheshire Medical Center's Vision
20/20 program as well as the Parks and Recreation Master Plan.
Mr. Rodrick pointed out that places like Manchester, Concord, Exeter and Nashua have
rinks at very close proximity but in Keene that number is still zero. He added that in the
past Keene used to host state tournaments but no-one will take us up on this offer
anymore because of the condition of the rink and the parking that is available. He noted
that this rink will undoubtedly generate foot traffic in the downtown. Mr. Rodrick hoped
the Council will support this venture. He added that he is involved with Keene State
College as well USA Hockey.
Chair Greenwald applauded all the groups represented tonight and asked that the children
attending tonight be recognized.
Mayor Kendall Lane commended Keene ICE for what they have done thus far. The
Mayor pointed that that the City recently completed the Master Plan for the Recreation
Center and this is the number one item that was included as an important item for the
community to support. He indicated that this is something that is not only important for
the skating community but is also important for the entire community. As the community
strives to bring new businesses to the area the question comes up as to how the quality of
life can be improved and what factors go into it and a skating rink is something that keeps
commgup.
He indicated that something the City Manager and he have been trying to promote in this
community are things that the community can control and the ice rink is one of those
aspects. He urged the Council to support it and commended those who have supported it
so far.
Chair Greenwald stated that this is just the start of the process and stated that people can
always send in written comments. He asked that someone in the room provide him with a
headcount of those present today.
Councilor Roberts stated that he has not seen anything so well prepared down to this
level of detail and felt it was a realistic cause. He noted that the Executive Summary calls
for a completion time of 18 months and even if everything goes exactly as planned,
January 2015 will be the start date and felt that this momentum should be kept going. The
Manager felt that a good group is in charge of the process and indicated his confidence in
them.
Councilor Roberts made the following motion which was seconded by Councilor
City Manager be authorized to do all things necessary accept as informational a progress
report on the proposed ice arena at 350 Marlboro Street presented by McLaughlin
Management and Design Group for Keene ICE.
City of Keene
NEW HAMPSHIRE
October 11,2012
TO:
FROM:
SUBJECT:
MEMORANDUM: Human Services Manager- Acceptance of
Donations - Holiday Family Sponsorship
On a vote of 5-0, the Finance, Organization and Personnel Committee recommends that
the City Manager be authorized to accept donations associated with the City's 2012
Holiday Family Sponsorship Program.
£k~
Chairman/Designee
Background:
Human Services Manager Liz Sayre stated that each year the Human Services Department
matches needy families with community members, including city employee groups,
charitable organizations, city councilors, community groups and such who have purchased
holiday food items, gifts etc. so that that families can use their own resources to pay for
their basic needs.
She indicated that this program has been very successful over the years and last year 40
families were matched.
Councilor Pregent made the following motion which was seconded by Councilor Roberts.
the City Manager be authorized to accept donations associated with the City's 2012
Holiday Family Sponsorship Program.
City of Keene
NEW HAMPSHIRE
October 11,2012
TO:
FROM:
SUBJECT:
MEMORANDUM:
Operating Agreement Renewal
Finance Director & IMS Director- Cheshire TV
the City Manager be authorized to renew the contract between the City of Keene, and
Cheshire TV.
Background:
IMS Director Rebecca Landry addressed the Committee with Finance Director Beth Fox.
Ms. Landry stated that the Cheshire TV Operating Agreement is up for renewal and will
be looking for a few amendments with this renewal. One is that the franchise fees at the
present time are paid directly to the city by Time Warner and are then processed by the
Finance Department, a certain portion is withheld and the majority share is paid to
Cheshire TV. What the city is looking to do is to add some consistency to this process so
that payment can be made on a monthly basis so Cheshire TV can have some
consistency. The city is also looking to extend the expiration date which currently stands
at October 26 which leaves only a few weeks between when the annual report is received
from Cheshire TV and the time to renew to be able to review the report. The suggestion is
to extend this date to November 301h.
Ms. Landry then turned the presentation over to Ms. Fox. Ms. Fox stated that the
Operating Agreement and Lease Agreement runs concurrently and hence would like to
keep these on the same date. Chair Greenwald asked whether Cheshire TV was looking
for any changes to their Operating Agreement. Ms. Fox stated that the significant change
is that they receive the franchise fee on a regular and consistent basis. She noted that
Time Warner does not process their payments on a regular basis which makes it difficult
for Cheshire TV and the city.
Councilor Clark made the following motion which was seconded by Councilor Powers.
the City Manager be authorized to renew the contract between the City of Keene, and
Cheshire TV.
City of Keene
NEW HAMPSHIRE
October 11,2012
TO:
FROM:
MEMORANDUM: City Engineer- Change Order #1 -Additional
SUBJECT:
Field Work to VHB Engineering Consultant Services Contract for the Phase 1
Drainable Master Plan Project No. 04-12-51
City Manager be authorized to do all things necessary to negotiate and execute Change
Order No. I as part of a professional engineering services contract with VHB, Inc. for
engineering services for the Phase 1 Drainage Master Plan Project for a Change Order
amount not to exceed $19,200 resulting in a contract total of $44,100.
Background:
Public Works Director, Kurt Blomquist stated that the department is looking for a change
order with VHB Inc. who is working on a stormwater modeling project for the city. He
indicated that this model is primarily looking at the City's trunk lines and major open
ditch systems. This process is similar to what was done with the City's water and sewer
systems about eight years ago and over time it has continued to be amended.
Mr. Blomquist continued that when the contract was originally formulated the department
thought that the information it had using the city's GIS system was sufficient but as the
consultant has been developing the model, it is being realized that the data the city has is
not as robust as was first thought. He noted that there is funding available through the
current storm water drainage project.
Councilor Powers made the following motion which was seconded by Councilor Roberts.
City Manager be authorized to do all things necessary to negotiate and execute Change
Order No. 1 as part of a professional engineering services contract with VHB, Inc. for
engineering services for the Phase 1 Drainage Master Plan Project for a Change Order
amount not to exceed $19,200 resulting in a contract total of$44,100.
City of Keene
New Hampshire
DATE:
October 16, 2012
TO:
THROUGH:
anager
Rand~~~ett,
FROM:
ommercial Bui
Meda/l'lpcz nski, ACM/Health
SUBJECT:
HAZARDOUS BUILDING PURSUANT TO RSA 155-B- 12 EAGLE COURT,
KEENE,NH
n
uilding Safety Director
Recommendation:
That the Keene City Council, based upon the determination made by the Code Enforcement
Department that a portion of the building located at 12 Eagle Court, Keene, NH is a hazardous
building as defined under RSA 155-B, authorize City staff to take all necessary action pursuant to
RSA 155-B, including but not limited to, authorizing the City Manager to order the owner to raze
and remove the hazardous portion of the building, remove the foundation, and grade (compact)
the excavated area to the surrounding elevation.
Background:
As defined under RSA 155-B, a hazardous building means "any building which, because of
inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment,
constitutes a fire hazard or a hazard to public safety or health."
For a considerable time, the Code Enforcement Department has attempted to work with the
owner of 12 Eagle Court to bring this property into compliance with State and local codes.
However, to date, the property owner has not complied. The front, single story portion of the
structure, a former warehouse, is in very poor condition. Most of the roof has collapsed, and it is
an attractive nuisance due to inadequate maintenance, dilapidation, physical damage, and
abandonment. See the photo attached hereto. The Keene Fire Department has already rescued an
individual who gained access to and fell through the roof of the building.
Due to its current state of disrepair, the Code Enforcement Department has determined that the
front, single story portion of the structure is a hazardous building. The owners are aware of the
existing structural failure and acquired a permit to remove that portion of the structure in 2010,
but never acted on the permit. At that time, an engineer retained by the owner recommended that
at a minimum, the failed portion of the structure be removed. The Code Enforcement
Department is recommending razing and removing said portion of the building as it has become
apparent that repairing the same is not a viable option at this time.
The following issues have been observed:
The structure has a very large hole in the roof. This hole is indicative of a partial structural
failure. In addition, the wall system relies on the roof for lateral support. The lack of said
support creates a situation where the building can no longer withstand the required loads of the
Building Code. Even a light snow fall could cause the remaining portions of the roof system to
fail ultimately causing the walls to blow out.
The International Existing Building Code as adopted by the Legislature and therefore minimum
Code, defines Dangerous and Substantial Structural Damage as follows:
•
Dangerous is defined as "Any building, structure or portion thereof that meets any
of the following conditions described below shall be deemed dangerous."
o "The building or structure has collapsed, partially collapsed, moved off its
foundation or lacks the support of ground necessary to support it."
o "There exists a significant risk of collapse, detachment or dislodgement of
any portion, member, appurtenance or ornamentation of the building or
structure under service loads."
•
Substantial Structural Damage is defined as " A condition where the capacity of
any vertical gravity load carrying component, or any group of components, that
supports more than 30% of the total area of the structures floor(s) and roof(s) has
been reduced to more than 20% from its pre-damaged condition and the remaining
of such affected elements, with respect to all dead and live loads, is less than 75%
of that required by the International Building Code for new buildings of similar
structure, purpose, and location."
City of Keene
New Hampshire
DATE:
October 3, 2012
TO:
The Honorable Mayor
THROUGH:
ofeParks, Recreation & CemeteriesW
FROM:
Andy Bohannon, Direct
SUBJECT:
Amend Chapter 2, Division 14, Martin Luther King/Jonathan Daniels Committee
Recommendation:
Move that Ordinance 0-2012-17 be referred to the Finance, Organization and Personnel Committee for
their consideration and recommendation.
Background:
The Martin Luther King I Jonathan Daniels Committee revisited the purpose of the Committee to reflect
the current and future direction of their efforts.
Section 2-993 Purpose- currently reads:
The purpose of the Martin Luther King/Jonathan Daniels committee will be to celebrate and
memorialize the lives of Martin Luther King and Jonathan Daniels and the principles of civil equality and
multiculturalism for which they stood. The committee shall educate the general population about the
lives of these individuals and the principles of equality and nonviolence to which they dedicated their
lives. The committee is authorized to conduct fund raising events to further its goals. All gifts and
donations presented to the Martin Luther King/Jonathan Daniels committee shall be formally accepted
by the city council.
The Committee is proposing the following updates:
Name: Martin Luther King Jr. /Jonathan Daniels- Add Jr. to Martin Luther King to reflect the
actual reference to Dr. King.
Purpose: The Martin Luther King Jr./Jonathan Daniels Committee exists to celebrate and honor
the significance of the lives of Martin Luther King Jr. and Jonathan Daniels, and to promote the
principles of social justice, non-violence, equality, and multiculturalism through educational programs,
community service and public events. The committee is authorized to conduct fundraising events to
further its goals. All gifts and donations presented to the Martin Luther King Jr./Jonathan Daniels
committee shall be formally accepted by the city council.
ORDINANCE
CITY OF KEENE
0-2012-17
4A
2
In the Year of Our Lord Two Thousand and ................... !.'Y~l~~....................................................................................... .
Be it ordained by the City Council of the City of Keene, as follows:
That Chapter 2, Administration, Division 14, Martin Luther King/Jonathan Daniels
Committee, of the Code of Ordinances of the City of Keene, as amended, be and are
hereby further amended, by adding the following balded new text and deleting the
stricken text as follows:
Division 14. Martin Luther King Jr./Jonathan Daniels Committee
Sec. 2-993. Purpose.
The J'lUFflOSe of the Martia Lffiher King/Jonathan Daniels eoffiffiittee willlle to eelellrate
ana memorialize the lives of Martin blither King ana Jonathan Daniels ana the flFiaeiflles
of eivil equality ana multieulturalism fer whieh they stood. The eolllffiittee shall eaueate
the geaeral flOflUlation all out the lives of these individuals aHa the !lriaeiflles of equality
ana noavioleaee to whieh they aeaieatea their Jives. The eommittee is authorized to
eonauet fuHaraising eveRtS to further its goals. All gifts ana Eionations flresentea to the
Martin Luther King/Jonathan Daniels eolllffiittee shalllle feHRally aeee!ltea lly the eity
eouneil.
The Martin Luther King Jr. /Jonathan Daniels Committee exists to celebrate and honor
the significance of the lives of Martin Luther King Jr. and Jonathan Daniels, and to
promote the principles of social justice, non-violence, equality, and multiculturalism
through educational programs, community service and public events. The committee is
authorized to conduct fundraising events to further its goals. All gifts and donations
presented to the Martin Luther King Jr./Jonathan Daniels committee shall be formally
accepted by the city council.
PASSED
CITY OF KEENE
NEW HAMPSHIRE
DATE:
October 16, 2012
TO:
FROM:
Kurt D. Blomquist, P.
Public Works
Director~
THROUGH; John A. MacLean, C1
SUBJECT:
Traffic Patterns and Parking Adjustment
Recommendation:
Refer Ordinance 0-2012-20, Traffic Patterns and Parking to the Municipal Services, Facilities
and Infrastructure Committee.
Background:
As projects are completed and initiated in the City, traffic patterns and parking needs are
reviewed by City staff. From time to time there is a need to adjust and bring the City Code up to
date. The staff is proposing several adjustments to parking and traffic patterns.
With the reconstruction of School Street, there no longer is space for a designated loading zone.
It is recommended that it be removed. City staff has been reviewing the impact of the loss of the
Winter Street parking lot on parking and developing plans for additional parking. The proposed
amendment would add two hour parking on the east side of St. James Street. With the upcoming
construction of the Court House addition and the reconstruction of the streets in the immediate
area, it is proposed to adjust the current traffic pattern to allow two-way traffic on Middle Street
and two-way traffic on Summer Street, from School to Middle Street. Finally, with the sale and
relocation of the middle school there is no longer a need to restrict parking on Spring Street.
K:IADMIN\WORDDOCS\Kilrt\k·MSF!_0-2012-20.docx
ORDINANCE
CITY OF KEENE
o-2012-20
~B~
In the Year of Our Lord Two Thousand and ............ !.~~.1.11~ ............................................................................................. .
AN ORDINANCE .... .J.I..t:I.. ?..~.O..~~~~~.~ ~.e.!~~i.n,~..~~._q~~.n,~~~.!!l..!.~~~i~.f.'~.ti.~.r~~..~!l.~.f.'~.r~i!l.Q .......................... .
..
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 balded text and deleting the strike through text to the following
provisions of Chapter 94, Traffic, Parking, and Public Ways;
Amendment #1
Article Ill "Parking", Division 2 "Specific Streets"
Section 94-92 "Designated Loading Zones"
School Street, west sic:le, for one space 60 feet south of Leverett Street.
Amendment #2
Section 94-94 "Restriction" (a) "Two-hour zone"
St. James, east side starting 30' from Lamson St to 30' north of Gilbo Avenue
Amendment #3
Article IV "Specific Street Regulations", Division 2 "One Way Streets"
Section 94-236 "Established"
Mic:lc:lle Street from Summer Street to 'Ninter Street in a southerly c:lirection.
Summer Street from School Street
Summer Street from Middle Street to Court Street in an easterly direction.
Amendment #4
Section 94-238 "Closed Streets"
Swing Street, on school clays, from 2:15 p.m. to a:OO p.m.
PASSED
City of Keene
NEW HAMPSHIRE
October II, 2012
TO:
FROM:
SUBJECT:
MEMORANDUM: Finance Director - May 29th/30th Flood Event
Response Funding and RESOLUTION: R-2012-29: Relating to an Appropriation
of Funds for Flood Response
City Manager be authorized to all things necessary to accept up to $924,898 in funding
authorized by the Federal Emergency Management Agency for protective measures,
debris cleaning, road and bridge system repairs for use in flood response, recovery and
flood mitigation measures.
On a vote of 5-0, the Finance, Organization and Personnel Committee recommends
approval ofR-2012-29-A appropriating up to $326,170 for the purpose of providing
funding for the city's share of flood recovery and mitigation expenditures with said
appropriation to be funded by the General Fund unallocated fund balance.
Background:
Ms. Fox stated that she was here this evening as a follow-up to a long series of
discussions relating to the May flooding event and the steps taken to repair the
community. Ms. Fox stated that the City experienced a severe flooding event on May 29
and 30, 2012 which resulted in a FEMA declaration. Soon after that FEMA came to the
city and worked with emergency personnel assessing infrastructure and have recently
advised the city that the city is eligible response and recovery costs of$1,233,197 of
which $924,898 (75%) would be considered for FEMA assistance.
She indicated that the Council on September 201h authorized proceeding with emergency
repairs consistent with the FEMA reimbursement. Now that the city has the data on the
FEMA reimbursement the city can look at the funding its share for these repairs. The city
has also committed some funds for flood mitigation and preparing for a flood event and
those costs are also included in this Resolution and are being recommended by staff.
Initially when the Resolution was being drafted the city was awaiting bid results for
Belvedere Road which has come in less than what FEMA estimated, resulting in a
reduction in the city appropriation amount.
Chair Greenwald asked for clarification on the Belvedere Road situation. Mr. Blomquist
stated that Belvedere Road was the most severely damaged road and had preliminary
estimates for $425,000. The bid amount has come in at $301,000 and FEMA will
reimburse 75% of the $301,000 which will result in the city share being lower than
originally anticipated.
Councilor Roberts made the following motion which was seconded by Councilor Pregent.
City Manager be authorized to all things necessary to accept up to $924,898 in funding
authorized by the Federal Emergency Management Agency for protective measures,
debris cleaning, road and bridge system repairs for use in flood response, recovery and
flood mitigation measures.
Councilor Roberts made the following motion which was seconded by Councilor Powers.
On a vote of 5-0, the Finance, Organization and Personnel Committee recommends
approval ofR-2012-29-A appropriating up to $326,170 for the purpose of providing
funding for the city's share of flood recovery and mitigation expenditures with said
appropriation to be funded by the General Fund unallocated fund balance.
Councilor Roberts noted that in addition to the $326,170 the city is also taking care of the
State's 12.5% share which is approximately $160,000 downshifted to local taxes. Mr.
Blomquist agreed that the State is not sharing in these costs.
CITY OF KEENE
Resolved by the City Council of the City of Keene, as follows:
That the sum of three hundred forty-eight thousand nine hundred dollars ($348,900) is hereby
appropriated in the 2012-2013 fiscal year for the purpose of funding emergency response and
permanent repairs related to the May 29 to 31, 2012 severe flooding event, resulting in Disaster
Declaration FEMA DR 4065, and initial flood mitigation measures.
Said appropriation to be funded by the General Fund unallocated fund balance.
Personnel
PASSED
R-2012-30
CITY OF KEENE
In the Year of Our Lord Two Thousand and ... TlN~lY.~.......................................................................................................
A R E SOL UTI 0 N ......... ..I.O.AP.P.r.e.QiP.t.i.9.0. .9.f..B.~.~!1.W.,. 8.~~~.1?.~! [) ..\-I.P.!?.r:l. Hl~. B.~t)f.~r!l.~!.l.~ ..............................................
WHEREAS: Rhett W. Reekstin began with the City of Keene's Public Works Department on December
12, 1988, as a Maintenance Aide I in the Water & Sewer Division and quickly was
promoted to Motor Equipment Operator I effective October 23, 1989; and
WHEREAS: Not only does Rhett possess a thorough understanding of all areas of the water and sewer
division operations and its collection and distribution systems, but also is skilled on hydrant
repair, serves as the division's mechanic and welder; and he often is called on to carry out
special projects; and
WHEREAS: Rhett's multiple talents, innovation, common sense, and can-do attitude have allowed him
to generate solutions to almost any problem with which he is faced, whether at the
planning stage of a project or as they arise in the field;
WHEREAS: Able to improvise at any given time, Rhett has been described as "ingenious at developing
and making specialty tools and equipment to aid in getting a job done," such as fabricating
parts to put a valve, hydrant, or piece of equipment back into service to save the cost of its
replacement; and
WHEREAS: Never backing away from a difficult job, one of Rhett's achievements ever remembered by
his team members was his design and construction of a dam and spillway as he
tenaciously sought, located, and repaired a pipe leak in heavy rains to save millions of
gallons of water from unnecessarily spilling and associated costs; and
WHEREAS: Other of his greatest assets to the City include great customer rapport, keeping respect for
customer service at the forefront when change is introduced, willingness to go the extra
mile to assist fellow employees, excellent quality of workmanship, safety consciousness,
and ability to take all emergencies in stride without exhibiting stress; and
WHEREAS: Rhett retires from the City of Keene October 31, 2012, with almost 24 years of honorable
service to the City;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Keene hereby extends its sincere
thanks to Rhett W. Reekstin for his 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 Rhett
in appreciation of his years of service to the City of Keene.
PASSED
R-2012-31
CITY OF KEENE
In the Year of Our Lord Two Thousand and ... .Iw.elY.e. ..................................................................................................... .
A RESOLUTION ........... ..l.ll.AP.P.re.(;ia.ti.QO ..Qf..P.!;'.t!;'X..I;\, ..Wxig.i:1J;.!.J.P.9.0.!:!i~.g~~im.IJ:l.~f.l.t. .............................................. .
WHEREAS:
Peter B. Wright began his City of Keene career as a Library Aide on October 1, 1999, and
added Librarian I functions in the Keene Public Library's Youth Department effective
July 1, 2001; and
WHEREAS:
A dedicated and enthusiastic Library employee with two separate jobs, Peter has exhibited skill versatility in the functions of circulation, interlibrary loan, periodicals,
record maintenance, finances, and publications-with the single goal to ensure every
patron enjoys a positive experience; and
WHEREAS:
Peter has demonstrated his genuine concern for the welfare of Keene Public Library
patrons through his excellent rapport with them, willingness to always help, active
problem-solving, diligent follow-up to patron questions, and diffusion of potential
conflicts; and
WHEREAS:
Relating well with young children, Peter has combined his knowledge of children's literature and the Library's collections with his no-small talent to creatively and successfully
present well-planned story, science-related, puppetry, and musical programs to area
youth, as well as to expand the early-literacy program for new parents; and
WHEREAS:
His co-workers also appreciate him for offering constructive suggestions for improvements in all areas of the library while wholeheartedly accepting suggestions from both
staff and patrons, his visually appealing and informational displays, and his desire to
continually learn; and
WHEREAS:
Peter retires from the City of Keene on November 2, 2012, with just over 13 years of
honorable service to the City;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Keene hereby extends its sincere thanks
to Peter B. Wright for his 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 Peter in
appreciation of his years of service to the City of Keene.
PASSED
PETITION FOR LAYOUT OF PUBLIC WAY
WEST OF WINCHESTER STREET AND
ACCEPTANCE OF STREET TREE EASEMENT
TO the Honorable Mayor and City Council of the City of Keene:
Your Petitioner, Hutter Construction Corporation, of PO Box 257, New Ipswich, New
Hampshire, 03071, respectfully represents as follows:
I.
Public exigency and convenience require that a proposed road, to be known as
Magnolia Way, be laid out west of Winchester Street over land designated as "Magnolia
Way" and as shown on plan entitled "Tax Map 85 Lot 1-10 Subdivision Plan 515
Winchester Street Keene, New Hampshire, 03431 owned by Winn Johnson, Linn Bai
Rossi and Sheree Johnson prepared for Hutter Construction Corporation scale I" = 30'
May 24, 2005 most recently revised April 24, 2006", recorded at the Cheshire County
Registry of Deeds as Cabinet 13, Drawer 2, Plan Number 67, and in connection therewith
that said public exigency and convenience require that a public way be laid out over a
parcel of real estate situated in Keene, Cheshire County, New Hampshire, bounded and
described as follows:
Beginning at a granite bound to be set in the Westerly line of Winchester Street,. said
point bears South 24° 29' 51" West 74.00 feet from a granite bound to be set at the
Northeast corner of said Hutter Construction Corporation and the Southeast corner of the
Rebecca Pearson 2002 Trust;
Thence Southwesterly along a curve having a radius of 17.00 feet a distance of 26.64
feet, said curve having a chord of South 69° 23' 09" West 23.99 feet, to a granite bound
to be set;
Thence North 65° 43' 32" West 95.28 feet to a granite bound to be set;
Thence Westerly along a curve having a radius of58.00 feet a distance of21.38 feet, said
curve having a chord of North 76° 17' 01" West 21.25 feet, to a granite bound to be set;
PAGE I of4
F:\Shared\JOHN1Hut1er Construction (1812)\Winchester St. Keene Subdivision (1812-00I)\2012 Refilc ofPlan\PETITION FOR ROAD LAYOUT
(Magnolia Way) 10.3.12.doc
to be set;
Thence Southeasterly along a curve having a radius of58.00 feet a distance of63.49 feet,
said curve having a chord of South 00° 29' 50" East 60.37 feet, to a granite bound to be
set;
Thence Easterly along a curve having a radius of 58.00 feet a distance of 63.06 feet, said
curve having a chord of South 63° 00' 20" East 60.00 feet, to a granite bound to be set;
Thence Northeasterly along a curve having a radius of58.00 feet a distance of55.35 feet,
said curve having a chord of North 58° 30' 24" East 53.28 feet, to a granite bound to be
set;
Thence Easterly along a curve having a radius of 17.00 feet a distance of24.66 feet, said
curve having a chord ofNorth 72° 43' 14" East 22.55 feet, to a granite bound to be set;
Thence South 65° 43' 32" East 32.06 feet to a granite bound to be set;
Thence Southeasterly along a curve having a radius of 17.00 feet a distance of26.77 feet,
set in the Westerly line of said Winchester Street;
Thence North 24° 29' 51" East along the Westerly line of said Winchester Street 84.00
feet to the point ofbeginning.
Containing 22,062 square feet or 0.5065 acres, more or less.
2.
Your Petitioner owns the parcel ofrea1 estate upon which the proposed road will
be situated by virtue of Warranty Deed conveyed to the within named Petitioner, Hutter
Construction Corporation, by Winn I. Johnson, Sheree Johnson, and Linn Bai Rossi dated
October 13, 2005 and recorded in the Cheshire County Registry of Deeds at Book 2289
Page 763, subject to a Utility Easement granted to Verizon New England, Inc. and Public
Service Company, which easement is recorded at the Cheshire County Registry of Deeds
at Book 2363, Page 823, and, your Petitioner will convey a p01tion of said parcel as
described above to the City of Keene at no cost to the City of Keene and will waive all
damages for land conveyed in connection with the proposed layout.
3.
Public exigency and convenience require that a Street Tree Easement for the
benefit of the City of Keene for access and maintenance of trees to be planted or
remaining within eight (8') feet of Magnolia Way be laid out over Petitioner's land
PAGE 2 of4
F:\Shared\JOHN\Hutter Construction ( 1812)\Winchester St. Keene Subdivision ( 1812-00 I )\20 12 Rcfile of Plan\PETITION FOR ROAD LAYOUT
(Magnolia Way) l0.3.12.doc
situated in Keene, County of Cheshire and State ofN ew Hampshire, said easement to be
described as follows:
Beginning at a granite bound to be set in the Westerly line of Winchester Street, said
point bears south 24° 29' 51" West 74.00 feet from a granite bound to be set at the
Northeast comer of said Hutter Construction Corporation and the Southeast comer of the
feet, said curve having a chord of South 69°23 '09" West a distance of 23.99 feet, to a
granite bound to be set;
Thence North 65°43 '32" West a distance of 253.02 feet along the Northerly line of said
proposed road to a granite bound to be set;
Thence Southwesterly and Northeasterly along a curve having a radius of 58.00 feet a
distance of266.34 feet in said proposed road, having a chord of South 17°16'46" East a
distance of86.81 feet, to a granite bound to be set;
Thence Easterly along a curve having a radius of 17.00 feet a distance of 24.66 feet in
said proposed road, having a chord of North 72°43'14" East a distance of22.55 feet, to a
Thence South 65°43'32" East a distance of 178.23 feet along the Southerly line of said
proposed road to a granite bound to be set;
Thence Southeasterly along a curve having a radius of 17.00 feet a distance of26.77 feet
in said proposed road, having a chord of South 20°36'51" East a distance of24.09 feet, to
a granite bound to be set in the Westerly line of said Winchester Street;
Thence North 65°30'09" West a distance of8.00 feet to a point;
Thence Northwesterly along a curve having a radius of 9.00 feet a distance of 14.17 feet,
having a chord of North 20°36'51" West a distance of 12.75 feet, to a point;
Thence North 65°43'32" West a distance of 178.23 feet to a point;
Thence Southwesterly along a curve having a radius of9.00 feet a distance of 13.05 feet,
having a chord of South 72°43'14" West a distance ofll.94 feet, to a point;
distance of303.08, having a chord of North 17°16'46" West a distance of98.78 feet, to a
point;
Thence South 65°43'32" East a distance of253.02 feet to a point;
PAGE 3 of4
F:ISharediJOHNIHutter Construction (1812)\Winchestcr St. Keene Subdivision (1812-001)\2012 Rcfile ofPianiPETITION FOR ROAD LAYOUT
(Magnolia Way) l0.3.12.doc
Thence Northeasterly along a curve having a radius of9.00 feet a distance of 14.10 feet,
said curve having a chord ofNorth 69°23'09" East a distance ofl2.70 feet, to a point;
Thence South 65°30'09" East a distance of8.00 feet to the point ofbeginning.
The area of this Proposed Street Tree Easement is also shown on a Plan entitled
"Landscaping Plan, 515 Winchester Street, Keene, NH 03431, dated ___ and filed
with the Planning Department of the City of Keene.
Containing 6,205 sq. ft. or 0.1425 acres, more or less.
4.
Your Petitioner owns the parcel of real estate upon which the proposed Street
Tree Easement will be situated by virtue of Warranty Deed conveyed to the within named
Petitioner, Hutter Construction Corporation, by Winn I. Johnson, Sheree Johnson, and Linn
Bai Rossi dated October 13, 2005 and recorded in the Cheshire County Registry of Deeds at
Book 2289 Page 763, and subject to a Utility Easement granted to Verizon New England,
Inc. and Public Service Company, which easement is recorded at the Cheshire County
Registry of Deeds at Book 2363, Page 823, and, your Petitioner will convey a portion of
said parcel as described above to the City of Keene at no cost to the City of Keene and
will waive all damages for land conveyed in connection with the proposed layout.
5.
These fmdings and orders shall be recorded in the City Clerk's office in City Hall,
Keene, New Hampshire.
WHEREFORE, your Petitioner PRAYS:
That upon approval by the City of Keene Planning Board, the City
Council lay out the parcel ofland set forth above and described herein.
A.
B.
That the City of Keene accept a Warranty Deed on the parcel of land set
forth above in paragraph 1, to be known as Magnolia Way.
C.
That the City of Keene accept a Warranty Deed for the easement for
access and maintenance of trees over the area described above in paragraph 3.
RESPECTFULLY SUBMITTED
Hutter Construction Corporation
•
President
Duly Authorized
PAGE 4 of4
F:ISharediJOHNIHutter Construction (1812)\Winchester St. Keene Subdivision (1812-001)\2012 Rcfile ofPlan\PETITION FOR ROAD LAYOUT
(Magnolia Way) 10.112.doc
CITY OF KEENE
R-2012-32
In the Year of Our Lord Two Thousand and ........... .1\y~).Y.C::............................................................................................... .
A RESOLUTION ................................. .R.tt~\!ID..9.f.~\\Y.9.!!L:.M\\g!J!?.l.i.::l.W.!\Y. .......................................................................... .
That the Proposed Road on the West side of Winchester Street, as described in the
Petition of Layout be laid out as a public way in the City of Keene in accordance with the
provisions ofNH R.S.A. 231.1, et seq. and the Street Tree Easement as described in the
Petition of Layout therefore, be laid out as a public easement in the City of Keene and
that Petitioner for such layout, being specially benefited by such layout, is charged with
the construction of said public way in conformance with all applicable standards and
safety requirements of the City of Keene to the satisfaction of the City Engineer. Said
layout is also conditioned upon review and approval of all documentation by the City
Attorney.
Said road is to be known as Magnolia Way.
PASSED
RETURNOFLAYOUTOFPUBLICWAY AND
ACCEPTANCE OF EASEMENT
A petition for layout of a proposed road over land to be conveyed by Hutter
Construction Corporation to the City of Keene, having gone on for hearing before the
Mayor and City Council, and they have considered same, it is hereby ordered and
adjudged that;
I.
Public exigency and convenience require that a proposed road, to be known as
Magnolia Way, be laid out west of Winchester Street over land designated as "Proposed
Road" and as shown on plan entitled ''Tax Map 85 Lot 1-10 Subdivision Plan 515
Winchester Street Keene, New Hampshire, 03431 owned by Winn Johnson, Linn Bai
Rossi and Sheree Johnson prepared for Hutter Construction Corporation scale 1" = 30'
May 24, 2005 most recently revised April 24, 2006" and in connection therewith that said
public exigency and convenience require that a public way be laid out over a parcel of
real estate situated in Keene, Cheshire County, New Hampshire, bounded and described
as follows:
point bears South 24° 29' 51" West 74.00 feet from a granite bound to be set at the
to be set;
Thence Westerly along a curve having a radius of58.00 feet a distance of21.38 feet, said
curve having a chord ofNorth 76° 17' 01" West 21.25 feet, to a granite bound to be set;
to be set;
Thence Southeasterly along a curve having a radius of58.00 feet a distance of 63.49 feet,
set;
PAGE I of4
F:\Shllfld\JotiN\Hlltlf'l' Collllnletion (18 ll)\Winchcsu:r S1. K«e.c Subdivision ( 1812-001)\1012 Refile of Plcn\RE11JRN OF LA YOUfOF M~olit W~ IO.l.l2.doc
Thence Easterly along a curve having a radius of 58.00 feet a distance of 63.06 feet, said
curve having a chord ofSonth 63° 00' 20" East 60.00 feet, to a granite bound to be set;
Thence Northeasterly along a curve having a radius of58.00 feet a distance of55.35 feet,
said curve having a chord ofNorth 58° 30' 24" East 53.28 reet, to a granite bound to be
set;
Thence Easterly along a curve having a radius of 17.00 feet a distance of24.66 feet, said
Thence Southeasterly along a curve having a radius of 17.00 feet a distance of26.77 feet,
set in the Westerly line of said Winchester Street;
Thence North 24° 29' 51" East along the Westerly lioe of said Winchester Street 84.00
feet to the point of beginning.
2.
Public exigency and convenience require that a proposed Street Tree Easement,
for the benefit ofthe City of Keene fur access and maintenance of trees to be planted or
remaining within eight (8') feet of the proposed road be laid out over Petitioner's land
situated in Keene, County of Cheshire and State of New Hampshire, and in connection
therewith that said public exigency and convenience require that a Street Tree Easement
be laid out over a parcel of real estate situated in Keene, Cheshire County, New
Hampshire, bounded and described as fullows:
Metes and bounds description for the proposed Street Tree Easement for the proposed
subdivision, 515 Winchester Street;
point bears south 24° 29' 51" West 74.00 feet from a granite bound to be set at the
feet, said curve haviog a chord of South 69°23'09" West a distance of 23.99 feet, to a
PAGE2of4
F:\l;~OHN\HuncrComnuetion (1812)1Winche51crSL
KttneSubdiYisio11 (1812-001)\1012 Rcfil11 oFPia~~\RETURN OF LA VOUTOF M4snolia W!ti IO.l.ll.doc
Thence North 65°43'32" West a distance of253.02 feet along the Northerly line of said
proposed road to a granite boWld to be set;
distance of266.34 feet in said proposed road, having a chord of South 17°16'46" East a
distance of 86.81 feet, to a granite boWld to be set;
·
Thence Easterly along a curve having a radius of 17.00 feet a distance of 24.66 feet in
said proposed road, having a chord ofNorth 72°43'14" East a distance of22.55 feet, to a
granite boWld to be set;
Thence South 65°43'32" East a distance of 178.23 feet along the Southerly line of said
proposed road to a granite boWld to be set;
Thence Southeasterly along a curve having a radius of17.00 feet a distance of26.77 feet
in said proposed road, having a chord of South 20°36'51" East a distance of24.09 feet, to
a granite boWld to be set in the Westerly line of said Winchester Street;
Thence North 65°30'09" West a distance of8.00 feet to a point;
Thence Northwesterly along a curve having a radius of9.00 feet a distance of 14.17 feet,
having a chord ofNorth 20°36'51" West a distance of12.75 feet, to a point;
Thence North 65°43'32" West a distance of 178.23 feet to a point;
Thence Southwesterly along a curve having a radius of9.00 feet a distance of 13.05 feet,
having a chord of South 72°43'14" West a distance of11.94 feet, to a point;
distance of303.08, having a chord ofNorth 17°16'46" West a distance of98.78 feet, to a
point;
Thence South 65°43'32" East a distance of253.02 feet to a point;
Thence Northeasterly along a curve having a radius of9.00 feet a distance of 14.10 feet,.
said curve having a chord ofNorth 69°23'09" East a distance of12.70 feet, to a point;
Thence South 65°30'09" East a distance of8.00 feet to the point ofbeginning.
3.
There is occasion and necessity fur such layout and easement.
PAGii3of4
F:\SJwtd\JOHN\Hurt~Construction (1!12)\\Vinclleslet St.
Keene Subdivision (1812-001)12012 Refile ofPIM\RETURN OF LAYOUT OF M~~gt~o!ia Way IO.J.I2.diK
4.
These fmdings and orders shall be recorded in the City Clerk's office in City Hall,
Keene, New Hampshire.
5.
This layout is subject to and conditioned upon:
A.
B.
c.
D.
Construction of said road and all improvements in accordance with
applicable Public Improvement Standards to the satisfaction of the City
Engineer.
Review and approval of all relevant documentation by the City Attorney.
Said road to be known as Magnolia Way.
Subject to a Utility Easement granted to Verizon New England, Inc. and
Public Service Company, which easement is recorded at the Cheshire
County Registry of Deeds at Book 2363, Page 823
Dated:._ _ _ _ _ _, 2012
_ _ _ _ _ _ _ ___,Mayor
Approved as to form:
Approved as to description:
PAGE4 or4
F:\Sh4tod\JOHN\llutlet Constnu:1ion (I! 12)\Winthatc:r SL Ktene Subdivision {1812-001 )\2012 Refilc ofPiani.R.ETURN OF tA YOUT OJI .\ola!:ooli:t Way I0.3.12.doc
CITY OF KEENE
R-2012-3~£j
Twelve
In the Year of Our Lord Two Thousand and ...................................................................................................................... ..
Acceptance of Deed- Magnolia Way
A RESOLUTION ....................................................................................................................................................................... .
That the City Manager be and hereby is authorized to do all things necessary to accept the
Warranty Deed described in the petition for the layout of a public way for the proposed road as
described in plan above described and that the Easement as also described in the Petition of
Layout be laid out as a public easement in the City of Keene, and that the Petitioner for such
layout, being specifically benefited by such layout, is charged with the construction of said
public way in conformance with all applicable standards and safety requirements of the City of
Keene.
PASSED
RETURN TO:
Law Offices of John F. Griffin, Jr., PLLC
Spruce Park Professional Center
109 Ponemah Road #5
Amherst, NH 03031
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, that Hutter Construction Corporation,
a New Hampshire corporation, of PO Box 257, New Ipswich, New Hampshire 03071, for
consideration paid, GRANTS to the City of Keene, a New Hampshire municipal corporation
of Cheshire County, New Hampshire, with a mailing address of 3 Washington Street, Keene,
County of Cheshire, State ofNew Hampshire 03431, with WARRANTY COVENANTS, a
certain tract of land, situated in the City of Keene, County of Cheshire and State of New
Hampshire, and bounded and described as follows:
Beginning at a granite bound to be set in the Westerly line of Winchester Street, said point bears
South 24° 29' 51" West 74.00 feet from a granite bound to be set at the Northeast comer of said
Hutter Construction Corporation and the Southeast comer of the Rebecca Pearson 2002 Trust;
Thence Southwesterly along a curve having a radius of 17.00 feet a distance of26.64 feet, said
curve having a chord of South 69° 23' 09" West 23.99 feet, to a granite bound to be set;
Thence Westerly along a curve having a radius of 58.00 feet a distance of21.38 feet, said curve
having a chord ofNorth 76° 17' 01" West 21.25 feet, to a granite bound to be set;
Thence Southwesterly along a curve having a radius of 58.00 feet a distance of 63.06 feet, said
curve having a chord of South 62° 00' 40" West 60.00 feet, to a granite bound to be set;
PAGEl of3
F:ISharcd\JOHNIHutterConstmction (1812)\Winchcstcr St. Keene Subdivision (1812-001)\2012, Rcfile ofPian\W ARRANTY DEED (M<lb'llolia Way) l0.3.12.doc
Thence Southeasterly along a curve having a radius of 58.00 feet a distance of 63.49 feet, said
curve having a chord of South 00° 29' 50" East 60.37 feet, to a granite bound to be set;
Thence Easterly along a curve having a radius of 58.00 feet a distance of 63.06 feet, said curve
having a chord of South 63° 00' 20" East 60.00 feet, to a granite bound to be set;
Thence Northeasterly along a curve having a radius of 58.00 feet a distance of 55.35 feet, said
Thence Easterly along a curve having a radius of 17.00 feet a distance of 24.66 feet, said curve
having a chord of North 72° 43' 14" East 22.55 feet, to a granite bound to be set;
Thence Southeasterly along a curve having a radius of 17.00 feet a distance of 26.77 feet, said
curve having a chord of South 20° 36' 51" East 24.09 feet, to a granite bound to be set in the
Westerly line of said Winchester Street;
Thence North 24° 29' 51" East along the Westerly line of said Winchester Street 84.00 feet to
the point ofbeginning.
See Plan entitled "Tax Map 85 Lot 1-10, Subdivision Plan, 515 Winchester Street, Keene, New
Hampshire, 03431, owned by Winn Johnson, Linn Bai Rossi and Sheree Johnson, prepared for
Hutter Construction Corporation, scale 1" = 30' May 24, 2005 most recently revised April 24,
2006", recorded at the Cheshire County Registry of Deeds as Cabinet 13, Drawer 2, Plan
Number 67
Subject to a Utility Easement granted to Verizon New England, Inc. and Public Service
Company, which easement is recorded at the Cheshire County Registry of Deeds at Book 2363,
Page 823.
MEANING AND INTENDING to convey a portion of the same premises conveyed by Winn I.
Johnson, Sheree Johnson, and Linn Bai Rossi to the Grantor by Warranty Deed dated October
13, 2005 and recorded in the Cheshire County Registry of Deeds at Book 2289 Page 763.
PAGE2 oO
F:\Sharcd\JOI-IN\IIutter Constmction (1812)\Winchcster St. Keene Subdivision ( 1812-001)\2012 Rcfilc ofPian\WARRANTY DEED (Magnolia Way) \0.3.12.doc
This is not homestead property.
DATED this 16th day of October, 2012.
By:
Its:
Lars Traffi
President
Duly Authorized
STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH, SS.
On this 161h day of October, 2012, before me, personally appeared Lars Traffie, in his
capacity as President of Hutter Construction Corporation, known to me or satisfactorily proven
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same on behalf of the corporation, being authorized so to do, for the
purposes therein contained.
\\11111111 II IIlitl
,,,,\ f GR/F:,;('''
§'~~·;isric~t.t:~
N ary Pub . /Justice of the [email protected]:{ COMMISSION \" ~
My Commission Expires:
iii : EXPIRES i
(Se\J) \ FED. 2, 2016 J §
s
~ ··.~
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&.·· ;:::
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'!J-!,E ~~.~~§
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··:_~,.:;~"'
Hutter Construction Corporation, a corporation organized and existing
!'!!!!/;\,,\~~ of
.
.
mnun
the State of New Hampshrre, hereby approves the transfer of the above-descnbed prem1ses to the
City of Keene, and this approval shall be binding upon Hutter Construction Corporation, its
successors and assigns. This approval is made pursuant to a corporate vote of the Directors of
Hutter Construction Corporation.
Executed this 16th day of October, 2012.
President
Duly Authorized
PAGE 3 of3
f:ISharediJOHN\Hutter Construction (1812)\Winchester St. Keene Subdivision (1812-001)\2012 Rcfilc ufPian\WARRANTY DEED (Magnolia Way) IO.J.\2.doc
RETURN TO:
Law Offices of John F. Griffin, Jr., PLLC
Spruce Park Professional Center
I 09 Ponemah Road #5
Amherst, NH 03031
DEED OF EASEMENT
STREET TREE EASEMENT
Hutter Construction Corporation, with a mailing address of PO Box 257, New
Ipswich, New Hampshire, ("Grantor"), for consideration paid, grants to the City of Keene, a
New Hampshire municipal corporation of Hillsborough County, New Hampshire, with a mailing
address of 3 Washington Street, Keene, New Hampshire ("Grantee"), with Warranty Covenants,
a permanent non-exclusive easement over and on a certain tract or parcel of land situated in
Keene, County of Cheshire, State of New Hampshire as described in Exhibit A attached hereto
and incorporated herein by reference. Grantee shall have the right to enter on to the easement
area to plant, replace, maintain and otherwise care for all trees that may be, or in the future may
be situated in the area of this easement. Said street tree easement contains a total of6,205 square
feet, more or less, across a portion of the property as shown on a plan entitled "Tax Map 85 Lot
1-10 Subdivision Plan 515 Winchester Street Keene, New Hampshire, 03431 owned by Winn
Johnson, Linn Bai Rossi and Sheree Johnson prepared for Hutter Construction Corporation scale
I" = 30' May 24, 2005 most recently revised April 24, 2006", recorded at the Cheshire County
Registry of Deeds at Cabinet 13, Drawer 2, Plan Number 67.
The terms and conditions of this Street Tree Easement shall be binding upon and inure to
the benefit of the parties and their respective successors-in-title, successors and assigns.
See Plan entitled "Tax Map 85 Lot 1-10, Subdivision Plan, 515 Winchester Street, Keene, New
Hampshire, 03431, owned by Winn Johnson, Linn Bai Rossi and Sheree Johnson, prepared for
Hutter Construction Corporation, scale I" = 30' May 24, 2005".
This easement is subject to a Utility Easement granted to Verizon New England, Inc. and
Public Service Company, which easement is recorded at the Cheshire County Registry of Deeds
at Book 2363, Page 823.
The area of this Street Tree Easement is also on a Plan entitled "Landscaping Plan, 515
Winchester Street, Keene, NH 03431 dated
and filed with the Planning Department of
the City of Keene.
PAGEIOF4
F:·Shared\JOHN'Hutter Construction (18 12)1\Vinrhcstcr St Keene Subdi\'ision (1812-001 )'2012 Refile of Plan" DEED OF EASEMENT -STREET TREE EASEMENT l0_3_]2_doc
Being a portion of the premises conveyed to Grantor by Warranty Deed of Winn I.
Johnson, Sheree Johnson, and Linn Bai Rossi dated October 13, 2005 and recorded in the
Cheshire County Registry of Deeds at Book 2289 Page 763.
IN WITNESS WHEREOF, the grantor has caused this instrument to be duly executed
this 161h day of October, 2012.
President
Duly Authorized
STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH, SS.
On this 16'h day of October, 2012, before me, personally appeared Lars Traffie, in his
capacity as President of Hutter Construction Corporation, known to me or satisfactorily proven
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same on behalf of the corporation, being authorized so to do, for the
purposes therein contained.
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Hutter Construction Corporation, a corporation organized and existing under
tg~·~!fWs
of
the State ofNew Hampshire, hereby approves the transfer of the above-described premises to the
City of Keene, and this approval shall be binding upon Hutter Construction Corporation, its
successors and assigns. This approval is made pursuant to a corporate vote of the Directors of
Hutter Construction Corporation.
Executed this 16th day of October, 2012.
Hutter Construction Corporation
Lars T raffie
Its:
President
Duly Authorized
I'AGE201'4
F:\Sharcd,JOHN\Hutter Construction (1812),\Vinchcster St. Keene Subdivision (IS 12-00l}\1012 Relilc of Plan'·DEED OF EASEMENT- STREET TREE EASEMENT 10.3.12.doc
EXHIBIT A
Metes and bounds description for the proposed Street Tree Easement for the proposed
subdivision, 515 Winchester Street;
Beginning at a granite bound to be set in the Westerly Line of Winchester Street, said point bears
South 24°29'51" West 74.00 Feet from a granite bound to be set at the Northeast comer of said
Hutter Construction Corporation and the Southeast comer of the Rebecca Pearson 2002 Trust;
thence
Southwesterly along a curve having a radius of 17.00 Feet a distance of 26.64 Feet, said curve
having a chord of South 69°23'09" West a distance of23.99 Feet, to a granite bound to be set;
thence
North 65°43'32" West a distance of 253.02 Feet along the Northerly line of said proposed road
to a granite bound to be set; thence
Southwesterly and Northeasterly along a curve having a radius of58.00 Feet a distance of266.34
Feet in said proposed road, having a chord of South 17°16'46" East a distance of86.81 Feet, to a
granite bound to be set; thence
Easterly along a curve having a radius of 17.00 Feet a distance of 24.66 Feet in said proposed
road, having a chord ofNorth 72°43'14" East a distance of22.55 Feet, to a granite bound to be
set; thence
South 65°43 '32" East a distance of 178.23 Feet along the Southerly line of said proposed road to
a granite bound to be set; thence
Southeasterly along a curve having a radius of 17.00 Feet a distance of 26.77 Feet in said
proposed road, having a chord of South 20°36'51" East a distance of 24.09 Feet, to a granite
bound to be set in the Westerly line of said Winchester Street; thence
North 65°30'09" West a distance of8.00 Feet to a point; thence
Northwesterly along a curve having a radius of9.00 Feet a distance of 14.17 Feet, having a chord
of North 20°36'51" West a distance ofl2. 75 Feet, to a point; thence
North 65°43'32" West a distance ofl78.23 Feet to a point; thence
Southwesterly along a curve having a radius of 9.00 Feet a distance of 13.05, having a chord of
South 72°43'14" West a distance ofll.94 Feet, to a point; thence
Southwesterly and Northeasterly along a curve having a radius of 66.00 Feet a distance of
303.08, having a chord ofNorth 17°16'46" West a distance of98.78 Feet, to a point; thence
South 65°43'32" East a distance of253.02 Feet to a point; thence
PAGE30F4
f:\Shared,JOHN·Hurter Cort5trucrion (1812)'.\VincliestcrSt. Keene Subdivision (1812-001 )\2012 Refile of Plan\DEED OF EASEMENT -STREET TREE EASEMENT [0_3_ l2.doc
Northeasterly along a curve having a radius of 9.00 Feet a distance of 14.10 Feet, said curve
having a chord ofNorth 69°23 '09" East a distance of 12.70 Feet, to a point; thence
South 65°30'09" East a distance of8.00 Feet to the point ofbeginning.
PAGE40F4
F:'-Sharcd'JOIIN,Jiuncr Construction (1812)1\Vinchester St. Keene Subdil'ision ( 1812-001)\2012 Rcfile ofPlan\DEED OF EASEMENT- STREET TREE EASEMENT 10_.3_ l2_doc
TO: Mayor Kendall Lane, Keene City Council
FROM: Keene City Councilors Terry Clark and James Duffy
RE: Center for Biological Diversity's "Clean Air Cities" campaign
DATE: October 12,2012
The Center for Biological Diversity is an organization dedicated to protecting lands,
waters and climates that living species depend on for survival. The Center's Climate
Law Institute has launched an initiative called "Clean Air Cities," which is a national
campaign asking cities to call on the Obama Administration and the EPA to use the Clean
Air Act to make reductions in greenhouse gas pollution.
Attached is a copy of a draft resolution cities are being asked to pass and forward to EPA
Administrator Lisa P. Jackson in support of reducing greenhouse gas pollution under the
Clean Air Act. Information about the initiative and the Center for Biological Diversity is
also attached to this communication.
The City of Keene has a strong record of supporting such initiatives and is recognized
internationally for efforts made in reducing greenhouse gas emissions. Keene has passed
resolutions in the past and has lobbied in Washington DC with other cities in support of
legislation that would cause reductions in greenhouse gases.
We feel this latest request from the Center of Biological Diversity is appropriate and
consistent with Keene's Comprehensive Master Plan and ask that it be endorsed through
resolution and forwarded to President Obama and Lisa P, Jackson of the EPA.
Thank you.
Center for Biological Diversity
Page 1 of2
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Clean Air Cities
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CLEAN AIR CITIES
The equation is simple: If we want clean air and a healthy climate, we have to cut greenhouse gas
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It's clear that climate change is here
now and already having a profound
effect on the places we live, the
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Get active now with our
Clean Air Cities Takeaction Toolbox.
~
., . ,.,
Cities across the country can be a
powerful voice for prompting action in
Click on this image to check out our full-sized map of
Washington. That's why the Center is
Clean Air Cities that have approved resolutions.
calling on volunteers from coast to
coast to urge their local elected
officials to pass resolutions in support of the EPA using the Clean Air Act to reduce carbon in our
atmosphere to no more than 350 parts per million- the level scientists say is needed to avoid
catastrophic climate change. So far, we've earned resolutions from 36 cities: Albany, N.Y.; Berkeley,
Santa Monica. Arcata, Oxnard, Santa Cruz, Richmond and los Angeles, Calif.; Seattle, Wash.;
Pittsburgh and Philadelphia, Pa.; Tucson, Ariz.; Boone, N.C.; Minneapolis, Minn.; Milwaukee
and Madison. Wis.; Cambridge and Northampton, Mass.; Cincinnati and Oberlin, Ohio; Santa Fe,
N.M.; Kansas City, Mo.; Salt Lake City, Utah; Miami, Pinecrest, Tampa and Gulfport, Fl.; Chicago,
Ill.; Teton County, Wyo.; Eugene, Ore.; Boulder, Colo.; Burlington, Vt: Detroit, Mich.; Wilmington,
Del.; Providence, R.I.; and Gary, Ind. Meanwhile. other cities are moving forward in the resolution
process.
The Center is providing all the materials needed, including a sample city resolution and supporting
documents. There's also an online community through our Facebook page, where you can provide
updates, ask questions and get support from other volunteers. We can connect you with others in your
community and support you every step of the way.
Interested? We hope so.
You can also check out a profile of a former nun who got the resolution passed in her hometown of
Oxnard, Calif., and see what The Salt Lake Tribune editorial board is saying about our campaign.
Become a Clean Air
Advocate.
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Check out our list of Clean Air
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RELATED CAMPAIGNS
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Get to 350
• Global Warming Litigation
• Solutions: Political and
Personal
• Fuel Economy Standards
KEY DOCUMENTS
The Clean Air Act Works
The Clean Air Act: Myth
Versus Reality
Petition to establish national
pollution limits for greenhouse
gases
http://www. biologicaldiversity .org/programs/climate_law_institute/global_warming_litigat.. 10/2/2012
Page 2 of2
Clean Air Cities
Please contact Climate Campaign Director Rose Braz at [email protected] or (415) 436-
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X
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http://www.biologicaldiversity .org/programs/climate_law_institute/global_warming_litigat... I 0/2/2012
CITY OF KEENE
CoE:L
R-2012-34
Twelve
In the Year of Our Lord Two Thousand and ....................................................................................................................... .
IN SUPPORT OF REDUCING GREENHOUSE GAS POLLUTION UNDER THE
A RESOLUTION .................. CLEAN..AIR.ACT. ...........................................................................................................................
WHEREAS: the decade from 2000 to 2010 was the warmest on record 1, and 2005 and 2010
tied for the hottest years on record 2; and
WHEREAS: the current level of COz in the atmosphere is approximately 392 parts per million 3
(ppm); and
WHEREAS: one of the world's leading climate scientists, Dr. James Hansen, stated in 2008: "If
humanity wishes to preserve a planet similar to that on which civilization developed and to
which life on Earth is adapted, paleoclimate evidence and climate change suggest that COz
will need to be reduced from its current 385 ppm to at most 350 ppm 4 ; and
WHEREAS: the Environmental Protection Agency determined that current and future
greenhouse gas concentrations endanger public healths, and according to the Global
Humanitarian Forum climate change is already responsible every year for some 300,000 deaths,
325 million people seriously affected, and economic losses worldwide of U.S. $125 billion6; and
WHEREAS: extreme weather events, most notably heat waves and precipitation extremes, are
striking with increased frequency 7 , with deadly consequences for people and wildlife; in the
United States in 2011 alone, a record 14 weather and climate disasters occurred, including
droughts, heat waves, and floods, that cost at least $US 1 billion each in damages and loss of
human livess; and
WHEREAS: climate change is affecting food security by negatively impacting the growth
and yields of important crops 9, and droughts, floods and changes in snowpack are altering
water supplieslo; and
WHEREAS: scientists have concluded that by 2100 as many as one in 10 species may be on the
verge of extinction due to climate change 11; and
WHEREAS: the world's land-based ice is rapidly melting, threatening water supplies in many
regions and raising sea levels 12 , and Arctic summer sea ice extent has decreased to about half
what it was several decades ago 13 , with an accompanying drastic reduction in sea-ice
thickness and volume 14, which is severely jeopardizing ice-dependent animals 15; and
PASSED
WHEREAS: sea level is rising faster along the U.S. East Coast than it has for at least 2,000
yearslG, is accelerating in pacen, and could rise by one to two meters in this century,
threatening millions of Americans with severe flooding 18; and
WHEREAS: for four decades, the Clean Air Act has protected the air we breathe through a
proven, comprehensive, successful system of pollution control that saves lives and creates
economic benefits exceeding its costs by many times19; and
WHEREAS: with the Clean Air Act, air quality in this country has improved significantly since
1970, despite major growth both in our economy and industrial production; and
WHEREAS: between 1970 and 1990, the six main pollutants covered by the Clean Air Actparticulate matter and ground-level ozone (both of which contribute to smog and asthma),
carbon monoxide, lead, sulfur and nitrogen oxides (the pollutants that cause acid rain)- were
reduced by between 47 percent and 93 percent, and airborne lead was virtually eliminated;
and
WHEREAS: the Clean Air Act has produced economic benefits valued at $2 trillion or 30 times
the cost of regulation; and
WHEREAS: the U.S. Supreme Court ruled in Massachusetts vs. EPA (2007) that greenhouse
gases are "air pollutants" as defined by the Clean Air Act and the Environmental Protection
Agency has the authority to regulate them; and
WHEREAS, The City of Keene prides itself on being a leader in the fight against climate change
and for clean air. The City has set targets to reduce greenhouse gas emissions below 1995
levels by 20% by the year 2015. In addition, the City of Keene has one of the first in the nation
climate adaption plans adopted in 2007, which includes many specific targets for increasing
community resilience to climate change.
NOW THEREFORE BE IT RESOLVED, that climate change is not an abstract problem for the future
or one that will only affect far-distant places but rather climate change is happening now, we
are causing it, and the longer we wait to act, the more we lose and the more difficult the
problem will be to solve; and we, the Keene City Council, on behalf of the residents of the City
of Keene, do hereby urge the administrator of the Environmental Protection Agency, Lisa P.
Jackson, and President Barack Obama to move swiftly to fully employ and enforce the Clean Air
Act to do our part to reduce carbon in our atmosphere to no more than 350 parts per million.
BE IT FURTHER RESOLVED that the City Clerk shall forward a copy of this resolution to
Lisa P. Jackson of the Environmental Protection Agency and President Barack Obama.
ENDNOTES
1
Press Release, Nalional Aeronautic Space Association, NASA Research Finds Last Decade was Warmest on
Record, 2009 One of the Warmest Years (Jan. 21, 2010), www.nasa.gov/home/hqnews/2010/jan/HQ_10017_Warmest_temps.html.
2
National Oceanic and Almospheric Administration, NOAA: 2010 Tied for Warmest Year on Record,
www.noaanews.noaa.gov/stories2011/20110112_globalstats.html (last visited on 3/30/12).
3
Co2now.org, What the World Needs to Watch, http://co2now.org (last visited on 3/30/12); Earth System Research
Laboratory of NOAA, Trends in Atmospheric Carbon Dioxide, www.esrl.noaa.gov/gmd/ccggltrendsl (last visited on
4/2/12).
4
J. Hansen et al., Target atmospheric C0 2: Where should humanity aim?, Open Atmos. Sci. 2, 217 (2008),
http://pubs.giss .nasa.govlabs/ha0041 De. html.
5
U.S. Environmental Protection Agency, Endangerment and Cause or Contribute Findings for Greenhouse Gases
under Section 202(a) of the Clean Air Act, 74 Federal Register 66496-66546 (Dec. 15, 2009) (to be codified at 40
C.F.R. ch. 1), http://epa.govlclimatechangelendangerment.html (last visited 4/2112).
6
Global Humanitarian Forum, The Anatomy of a Silent Crisis (2009),
www.eird.orglpublicacioneslhumanimpactreport.pdf, p.1 of pdf.
7
Intergovernmental Panel on Climate Change (IPCC), Managing the Risks of Extreme Events and Disasters to
Advance Climate Change Adaptation (SREX) (2012), http://ipcc-wg2.goviSREX/; U.S. Global Change Research
Program, Global Climate Change Impacts in the US: Global Climate Change (2009),
http://www.globalchange.govlpublicationslreportslscientific-assessmentslus-impactslfull-report/global-climate-change;
D. Coumou and S. Rahmstort, A decade of weather extremes, Nature Climate Change (2012),
http://dx.doi.org/10.1 0381NCLIMATE1452.
8
National Oceanic and Atmospheric Administration, Extreme Weather 2011, http://www.noaa.govlextreme20111 (last
visited April2, 2012); Press Release, World Meteorological Organization, 2011: world's 10th warmest year, warmest
year with La Nina on record, second-lowest Arctic sea ice extent (2012),
www.wmo.inUpageslmediacentrelpress_releaseslgcs_2011_en.html.
9
D.B. Lobell et al., Climate Trends and Global Crop Production Since 1980, Science 333,616 (July 29, 2011),
www.sciencemag.orglcontenUearlyl2011105/041science.1204531.abstract; U.S. Global Change Research Program,
Global Climate Change Impacts in the US: Agriculture (2009), www.globalchange.govlpublicationslreportslscientificassessmentslus-impactslfull-report/climate-change-impacts-by-sectorlagriculture.
10
U.S. Global Change Research Program, Global Climate Change Impacts in the US: Water Resources (2009),
www.globalchange.govlpublications/reports/scientific-assessments/us-impactslfull-reportlclimate-change-impacts-by-
sector/water-resources.
11
I. M.D. Maclean and R.J. Wilson, Recent ecological responses to climate change support predictions of high
extinction risk, PNAS 108, 12337 (2011), http://www.pnas.orglcontenU108130/12337, summary at
http://www.sciencedaily.comlreleasesl20111071110711151457.htm.
12
Intergovernmental Panel on Climate Change (IPCC), Climate Change 2007: Synthesis Report (2007),
http://www.ipcc.chlpublications_and_datalpublications_ipcc_fourth_assessment_report_synthesis_report.htm, pp. 30,
49 of pdf.
13
J_ Stroeve et al., Arctic Sea Ice Extent Plummets in 2007, EOS 89, 2 (January 8, 2008),
http://www.agu.orglpubslcrossrefi200812008E0020001.shtml, p. 13 of pdf.
14
Polar Science Center, Arctic Sea Ice Volume Anomaly, version 2,
http://psc.apl. washington. edulwordpresslresearch/projectslarctic-sea-ice-volume-anomalyl (last visited April 3, 2012);
R. Kwok and D.A. Rothrock, Decline in Arctic sea ice thickness from submarine and ICESat records: 1958-2008,
Geophysical Research Letters 36, L15501 (2009), http://www.agu.orglpubslcrossrefi200912009GL039035.shtml.
15
Center for Biological Diversity and Care for the Wild International, Extinction: If's Not Just for Polar Bears (201 0),
http://www.biologicaldiversity.orglprogramslclimate_law_institutelthe_arctic_meltdownlarctic_extinction_report.html.
16
A. C. Kemp et al., Climate related sea-level variations over the past two millennia, PNAS 108, 11017 (2011),
http://www.pnas.org/content/1 08127111017, summary at
http://www.sciencedaily.com/releasesl2011106111 0620183242.htm.
17
M.A. Merrifield et al., An Anomalous Recent Acceleration of Global Sea Level Rise, Journal of Climate 22, 5772
(2008), http://journals.ametsoc.org/doi/abs/1 0.117512009JCLI2985.1.
16
B. H. Strauss, Tidally adjusted estimates of topographic vulnerability to sea level rise and flooding for the
contiguous United States, Environmental Research Letters 7 (2012), http:/11opscience.iop.org/1748-9326/7/1/014033,
summary at http://www.sciencedaily.com/releases/2012/03/120314111738.htm.
19
For Clean Air Act facts, see
Center for Biological Diversity, The Clean Air Act Works (2011),
http://www.biologicaldiversity.org/programs/climate_law_institute/global_warming_litigation/clean_air_act/pdfs/CieanA
irActWorks_032011.pdf; and
U.S. Environmental Protection Agency, The Benefits and Costs of the Clean Air Act, 1970 to 1990 (1997),
http://www.epa.gov/air/sect812/; and
U.S. Environmental Protection Agency, The Benefits and Costs of the Clean Air Act, 1990 to 2010 (1999),
http://www.epa.gov/air/sect812/.

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