City Council

LACONIA CITY COUNCIL MEETING MARCH 9, 2015 CITY HALL – CONFERENCE ROOM 200A 7:00 P.M. CALL TO ORDER: Mayor Edward Engler called the meeting to order at the above date and time. SALUTE TO THE FLAG: Councilor Armand Bolduc led the Salute to the Flag. ROLL CALL: City Clerk Reynolds called the roll with the following Councilors in attendance: Councilors Doyle, Bownes, Lipman, Baer, Hamel and Bolduc. Also present City Manager Scott Myers and Finance Director Donna Woodaman. City Clerk Reynolds will be taking minutes for the Council. ADOPTION OF MINUTES OF PREVIOUS MEETINGS: 1. Regular meeting minutes of February 23, 2015 Councilor Bolduc moved to approve the regular meeting minutes of February 23, 2015. Seconded by Councilor Hamel. Vote was 6-0 and the motion passed. SPECIAL PRESENTATION: 1. Melanson, Heath & Company – Annual Audit Update Comprehensive Annual Financial Report (CAFR) was reviewed by Scott McIntyre. Mr. McIntyre was joined by Margaret Duprey seated in the audience. City Manager Myers noted that although the same firm is conducting the City audit and preparing the CAFR, staff has been rotated to ensure there is a change in who will be conducting the audit. Mayor Engler thanked Mr. McIntyre for his presentation. Councilor Lipman requested to have the Finance Director spend some time on the statistical information that may be of interest to the public. This will be discussed at a meeting in April. 1 CONSENT AND ACTION CALENDAR: 1. Request by Greater Lakes Child Advocacy Center to raise funds at Opechee Park on Saturday, August 1, 2015 from 5:00 a.m. to 1:00 p.m. Councilor moved to approve the request by the Great Lakes Child Advocacy Center to raise funds at Opechee Park on Saturday, August 1, 2015 from 5:00 a.m. to 1:00 p.m. Seconded by Councilor. Vote was 6-0 and the motion passed. 2. Request by Stinson/Dowling Scholarship Fund to raise funds for the Cystic Fibrosis Foundation at Opechee Park (Smith Track, Fields and beaches) on Sunday, June 28, 2015 from 9:00 a.m. to 12:00 a.m. (attached) Councilor Bolduc moved to approve the request by Stinson/Dowling Scholarship Fund to raise funds for the Cystic Fibrosis Foundation at Opechee Park (Smith Track, Fields and beaches) on Sunday, June 28, 2015 from 9:00 a.m. to 12:00 p.m. Seconded by Councilor Hamel. Vote was 6-0 and the motion passed. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA: NONE INTERVIEWS: • Library Board of Trustees: 1. Kimberly Danosi - seeking reappointment as a full member of the Library Board of Trustees - 3 year term to expire at the end of March, 2018 Ms. Danosi was interviewed. Mayor Engler thanked Ms. Danosi for her service. 2. James O. Anderson - seeking reappointment as a full member of the Library Board of Trustees - 3 year term to expire at the end of March, 2018 Mr. Anderson was interviewed. Councilor Baer asked which ward Mr. Anderson is in. Mr. Anderson replied he is in Ward 3. • Parks & Recreation Commission: 1. Deanna Guyer - seeking appointment as a full member of the Parks & Recreation Commission - 3 year term to expire at the end of March, 2018 Ms. Guyer was interviewed. Mayor Engler thanked Ms. Guyer for stepping forward. Councilor Hamel commented that Ms. Guyer would be a great addition to the Commission. 2. Guy Pederzani, Jr. - seeking appointment as a full member of the Parks & Recreation Commission - 3 year term to expire at the end of March, 2018 Mr. Pederzani was interviewed. Mayor Engler thanked Mr. Pederzani for stepping forward. 2 • Trustee of the Trust Funds: 1. Jon F. Nivus - seeking reappointment as a full member of the Trustees of the Trust Funds - 3 year term to expire at the end of March, 2018 Mr. Nivus was interviewed. Councilor Hamel asked if the Trustees are actively looking for new investments so the City can competitively work in the market. Mr. Nivus replied that they have been with the same investment manager for several years and one of the upcoming tasks will be to look into this. The investment manager is responsible for the individual investments within specific parameters and reports quarterly to the Trustees. Councilor Lipman asked when the investment policy was last updated. Mr. Nivus replied that it was last updated in 2007 and is also in the near future to be updated. Councilor Hamel asked if there is an automatic rebalance when a stock increases drastically. Mr. Nivus replied that the investment manager looks at the portfolio daily and will adjust as needed. City Manager Myers commented that the meetings of the Trustee of the Trust Funds are open to the public and everyone is welcome to attend. • Planning Board: 1. Michael DellaVecchia - seeking appointment as an alternate member of the Planning Board - 3 year term to expire at the end of March, 2018 Mr. DellaVecchia was not in attendance. • Putnam Fund: 1. Jim Rogato - seeking reappointment as a full member of the Putnam Fund - 5 year term to expire at the end of March, 2020) Mr. Rogato was interviewed. Councilor Bownes commented that Mr. Rogato is doing a great job. COMMUNICATIONS: NONE PUBLIC HEARING: 1. Proposed Ordinance Amending Chapter 235, Zoning, Relative to Alternative Treatment Centers/Medical Marijuana Dispensaries Mayor Engler opened the public hearing at 7:43 p.m. with notice of this public hearing being made in the Wednesday, February 25, 2015 edition of the Laconia Daily Sun, at City Hall, the Gale Memorial Library, the offices of the Laconia School District and the Laconia Community Center. 3 With no members of the public choosing to speak Mayor Engler closed the public hearing at 7:45 p.m. PRESENTATIONS: NONE MAYOR’S REPORT: Mayor Engler updated the Council on the donation made by Aavid Themalloy of $20,000. This money will be distributed in equal parts ($5,000 each) to Boys & Girls Club of the Lakes Region, the Greater Lakes Child Advocacy Center, Belknap Mill Society, and the Immigration Integration Project that has been set up under the Lakes Region Partnership for Public Health. Mayor Engler noted that there is a vacancy on the Lakes Business Park board. No one has volunteered from the Council; with no objection from the Council the Mayor and City Manager will reach out to members of the community to fill the vacancy. CITIZEN REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS: Attorney Rod Dyer, representing Erica Blizzard, addressed the Council. Atty. Dyer suggested an extension of the current lease and disagreed with the interpretation that it cannot be extended; if both parties are willing than it is legal to do so. An extension would allow for flexibility for both parties and Atty. Dyer recommended that the Council choose to extend for a time frame that is acceptable to the Council. Atty. Dyer added that he does not feel there is any current public need for the property. The present lease has never been challenged and the Council has the authority to recognize and take into consideration that it would be fair to negotiate and amendment to extend the current lease. Councilor Lipman asked for explanation of how Atty. Dyer has come to this conclusion. Atty. Dyer referred the Council to Chapter 183, §183-8, which outlines that the Council has the authority to negotiate in any means they see just to dispose of the property or to negotiate a lease. Atty. Dyer acknowledged that the City has received a legal opinion to the contrary but feels the best outcome would be an extension of the lease. It was further noted that the fair action of the Council would be in favor of the Blizzard family with respect to the investment they have made in the property and the betterment of the community as a result. Mayor Engler asked if a term is being recommended. Atty. Dyer replied that the initial term would be requested as 10 years. Councilor Bownes asked if the offer is being withdrawn with respect to the purchase of the property. Atty. Dyer replied that ideally they would like to purchase the property but they are aware that there are other parties interested in the property. Councilor Bownes commented that a competitive bidding process may be in the best interest of the City, understanding that the Blizzard family has been on the property since 1985 and made substantial contributions to the community. Atty. Dyer replied that the issue of fairness comes into play and in viewing the history of the property, the Blizzard family has been very generous with contributions to the community. Councilor Bownes replied that the lease was negotiated as is and everyone was aware of the terms. Atty. Dyer agreed but added that it does not 4 Bruce Wright, representing Irwin Marine, addressed the Council. Mr. Wright noted that he did not attend with legal counsel as he was not with the understanding he would need one this evening. Mr. Wright noted that this is not a negotiation between two (2) private entities but with a public body, the City, and it needs to be handled in the best interest of the public. Irwin Marine is requesting to have a fair opportunity to bid on the property if that option is chosen by the Council. Mayor Engler noted that this item will be taken up for action under Unfinished Business. COMMITTEE REPORTS: 1. FINANCE: (Lipman, Hamel, Baer) a) WOW Trail Fund b) Downtown TIF Financing Councilor Hamel moved to schedule a meeting on March 23, 2015 immediately following the regular Council Meeting regarding the issuing of Bonds and Notes of the City for Capital Projects in the amount of $8,105,000. Seconded by Councilor Lipman. Councilor Baer asked for an explanation of the funding for the WOW Trail and Riverwalk because it appears to be more than was approved in December of 2013. City Manager Myers replied that this includes the gateway project as well. City Manager Myers added that he will get a breakdown for the Council to review before March 23. Mayor Engler called the question. Vote was 6-0 and motion passed. 2. PUBLIC SAFETY: (Baer, Doyle, Bownes) a) Fair St./Court St. traffic problems and accidents No report on any item in committee 3. GOVERNMENT OPERATIONS & ORDINANCES: (Doyle, Bolduc, Bownes) a) Chapter. 119, Building Construction regarding signed architectural plans for residential units b) Ordinance Amending Chapter 221, Vehicles and Traffic/Parking on Sublawns c) Chapter 173, Pawnbrokers Councilor Doyle moved to schedule a meeting on March 23, 2015 beginning at 6:00 p.m. to discuss item c, Chapter 173, Pawnbrokers. Seconded by Councilor Bownes. Vote was 6-0 and motion passed. Councilor Doyle to remove item “a” from the agenda. Seconded by Councilor Bownes. Vote was 6-0 and motion passed. 4. PUBLIC WORKS: (Bolduc, Baer, Bownes) a) Review of Department of Public Works Road Cuts Policy and Manhole Construction/Paving Procedures Councilor Bolduc to remove item “a” from the agenda. Seconded by Councilor Baer. Vote was 6-0 and motion passed. 5  5. LAND & BUILDINGS: (Hamel, Lipman ,Bolduc) a) Repair & maintenance of City Buildings No report on any item in committee LIAISON REPORTS: Councilor Hamel reported that the Fire Department footings are being poured and some of the walls will be going up, followed by the stairway tower. MANAGER’S REPORT: City Manager Myers reviewed the Monthly Economic Development Report and the Financial and Operational Trends. City Manager Myers updated the Council on the progress of Channel 26. Rebroadcasting is in the near future and in the interim LRPA has been contacted for a short term fix. City Manager Myers commented on HB 547 which would allow for a tax exemption for telecommunication companies with conduits on lease municipal land. There was a temporary exemption that expired a few years ago and it has come up again. The Ways and Means Committee approved an amendment, on a 14-7 vote, to the bill that would allow for depreciation of the poles and this would be a loss of approximately $30,000 that would be spread out among other property tax payers. Additionally, if it is being done for one company nothing says that it won’t be requested by other companies in the future. Councilor Hamel moved the position of the Council to be in strong opposition to HB 547. Seconded by Councilor Bolduc. Vote was 6-0 and the motion passed. Mayor Engler asked if the capacity to live stream the Council meetings through the City website is in the works. City Manager Myers replied that this is being worked on through the IT Department and as soon as it is available he will get the information out. NEW BUSINESS: 1. Request by Lakes Region Girls Softball to raise funds at Woodland Heights Field on Saturday, March 14, 2015 from 8:00 a.m. to 4:00 p.m. (attached) Councilor Hamel moved to approve the request by Lakes Region Girls Softball to raise funds at Woodland Heights Field on Saturday, March 14, 2015 from 8:00 a.m. to 4:00 p.m. Seconded by Councilor Doyle. Vote was 6-0 and the motion passed. 2. First Reading of a Resolution Relative to Authorizing Bonds and Notes of the City for Capital Projects in the amount of $8,105,000 and a request to schedule a public hearing on March 23, 2014 during the regular Council Meeting (attached) Councilor Baer moved to vote on the first reading of this resolution by title only and to waive the reading of the entire resolution. Seconded by Councilor Lipman. Councilor Lipman requested a reading of the amounts. Mayor Engler read the following: 6  Frank Bean Road Environmental Clean-up $1,200,000 Central Fire Station Renovation & addition $4,400,000 Main Street Bridge Improvements $ 800,000 Downtown TIF Improvements $1,705,000 Mayor Engler called the question. Vote was 6-0 and the motion passed. Councilor Bownes moved a first reading of a resolution relative to authorizing bonds and notes of the City for Capital Projects in the amount of $8,105,000. Seconded by Councilor Hamel. Vote was 6-0 and the motion passed. Councilor Bolduc moved to schedule a public hearing on March 23, 2015 during the regular Council Meeting regarding a proposed resolution relative to authorizing bonds and notes of the City of Laconia for Capital Projects in the amount of $8,105,000. Seconded by Councilor Lipman. Vote was 6-0 and the motion passed. UNFINISHED BUSINESS: 1. Directive Action to City Manager Regarding 21 Elm Street Discussion continued from the workshop session held earlier this evening. The outcome of the discussion was to authorize the City Manager to obtain a legal opinion of the proposed extension of the current lease, to have an independent commercial appraisal of the property done from both a leased or subdivided stand point, and to hold a non-meeting with legal counsel to discuss the outcome of both if necessary. Councilor Lipman commented that Irwin Marine should communicate the needs they may have in regards to the property. Atty. Dyer requested that if written comments be accepted from counsel it be done from all parties. This will be accepted. Councilor Lipman moved to table this item until the meeting of March 23, 2015. Seconded by councilor Bolduc. Vote was 6-0 and the motion passed. 2. Proposed Ordinance Amending Chapter 235, Zoning, relative to Alternative Treatment Centers/Medical Marijuana Dispensaries (attached) Councilor Lipman moved to vote on the passage of this ordinance by title only and to waive a reading of the entire ordinance. Seconded by Councilor Hamel. Vote was 6-0 and the motion passed. Councilor Hamel move to adopt the ordinance amendment to Chapter 235, Zoning, as presented. Seconded by Councilor Doyle. Vote was 6-0 and the motion passed. 3. Budget Summary review A discussion was held regarding items the Council would like to see addressed in the proposed budget. These items included:  Leavitt Park tennis court improvements 7   Master Plan funding to increase the productivity of the project and possibly complete it more timely  CodePal use to streamline residential requests for permitting from various departments  Enforcement and preventing drug related crimes/fatalities by Officer Adams and his initiatives  Surveillance infrastructure within the City  SAFER Grant funded firefighters The City Manager will take these items into consideration when preparing his budget presentation to the Council at their meeting on March 23. 4. Milfoil Treatment Funding Request 5. WOW Trail 6. Master Plan 7. EPA Update 8. Sewer & Water Master Plan 9. Single Stream Recycling/Concord Co-Op/Solid Waste Disposal Cost Reduction 10. Strategic Planning/Goal Setting NOMINATIONS, APPOINTMENTS & ELECTIONS: NONE COUNCIL COMMENTS: Councilor Lipman advised the Council he has received a request from a constituent regarding Council support of HB 371 pertaining to the Citizens United organization. Regardless of the Council being for or against this item, a policy decision has been requested and the Clerk will provide a resolution for the Council at their next meeting on March 23. NON - PUBLIC SESSION: NONE ADJOURNMENT: Councilor Hamel moved to adjourn at 9:50 p.m. Seconded by Councilor Bolduc. Vote was 6-0 and the motion passed. Respectfully Submitted, Mary A. Reynolds City Clerk 8