City Council

LACONIA CITY COUNCIL MEETING JUNE 8, 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. RECORDING SECRETARY: City Clerk Mary Reynolds recorded this meeting. SALUTE TO THE FLAG: Councilor Ava Doyle led the Salute to the Flag. ROLL CALL: City Clerk Reynolds called the roll with the following in attendance: Councilor Ava Doyle, Councilor David Bownes, Councilor Henry Lipman, Councilor Brenda Baer, Councilor Bob Hamel, and Councilor Armand Bolduc Mayor Engler noted that all six (6) Councilor are in attendance and a quorum is established. STAFF IN ATTENDANCE: City Manager Scott Myer & Finance Director Donna Woodaman ADOPTION OF MINUTES OF PREVIOUS MEETINGS: 1. Regular and non-public minutes of May 26, 2015 Councilor Bolduc moved to table the non-public session of May 26, 2015 regarding the sale or lease of personal property. Seconded by Councilor Hamel. Vote was 6-0 and the motion passed. Councilor Bolduc moved to approve the regular and non-public minutes of May 26, 2015. Seconded by Councilor Bownes. Vote was 6-0 and the motion passed. 2. Budget Hearing minutes of June 1, 2015 Councilor Bolduc moved to approve the budget hearing minutes of June 1, 2015. Seconded by Councilor Baer. Vote was 6-0 and the motion passed. 1 CONSENT AND ACTION CALENDAR: 1. Temporary Traffic Order 2015-11, July 4th Parade Councilor Bolduc moved to approve Temporary Traffic Order 2015-11, July 4th Parade. Seconded by Councilor Baer. Vote was 6-0 and the motion passed. 2. Making Strides Against Breast Cancer – Request to use the Opechee Parkhouse and Field for fundraising for the American Cancer Society on Sunday, October 25, 2015 from 6 am to 12 noon. Councilor Hamel moved to approve the request by Making Strides Against Breast Cancer to use the Opechee Parkhouse and Field for fundraising for the American Cancer Society on Sunday October 25, 2015 from 6am to 12 noon. Seconded by Councilor Bolduc. Vote was 6-0 and the motion passed. 3. AJL Babe Ruth – Request to use the concession stands at Memorial Park for fundraising for the AJL Babe Ruth Baseball League from May 20, 2015 – July 15, 2015 Councilor Bolduc moved to approve the request by AJL Babe Ruth to use the concession stands at Memorial Park for fundraising for the AJL Babe Ruth Baseball League from May 20, 2015 -0 July 15, 2015. Seconded by Councilor Baer. Vote was 6-0 and the motion passed. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA: Charlie St. Clair addressed the Council regarding the concerts that will not be happening at the Weirs Drive In over the course of Motorcycle Week. It was emphasized that now that the footprint has been made the City departments will have a much easier time with the logistics. C. St. Clair thanked the City and department staff that worked on this proposal. Mayor Engler thanked C. St. Clair for the donation of the t-shirts to the Council and staff to promote Motorcycle Week. INTERVIEWS: Mayor Engler advised those being interviewed this evening will be appointed on June 22. • Weirs Tax Increment Financing Advisory Board: 1. Robert Ames - seeking appointment to the Weirs Tax Increment Financing Advisory Board R. Ames reviewed his qualifications and was interviewed. 2. Russell Poirier - seeking appointment to the Weirs Tax Increment Financing Advisory Board R. Poirier reviewed his qualifications and was interviewed. 2 • Board of Water Commissioners (1 regular position available) 1. Joseph H. Driscoll, III seeking reappointment as a full member of the Board of Water Commissioners to a three-year term to expire at the end of June, 2018 J. Driscoll, III was interviewed. • Lakes Region Planning Commission (1 City Council appointment position available) 1. Dean Anson, II seeking reappointment as the City Council’s representative to the Lakes Region Planning Commission for a four-year term to expire at the end of June, 2019 D. Anson was interviewed. COMMUNICATIONS: NONE PUBLIC HEARING: 1. Regarding donations to the City for:  Black Brook Geomorphological Study  Laconia Police Department K-9 Unit  Opechee Park Picnic Pavilion at Opechee Cove Mayor Engler opened the public hearing at 7:20 p.m. with the notice of this public hearing being made in the Friday, May 29, 2015 edition of the Laconia Daily Sun, at City Hall, the Gale Memorial Library, the Laconia Community Center and the offices of the Laconia School District. Members of the public were asked to come forward for comment. With no members of the public wishing to speak the public hearing was closed at 7:21 p.m. PRESENTATIONS: NONE MAYOR’S REPORT: Mayor Engler noted that there are two (2) vacancies on the Planning Board and the filing period has been reopened. The new filing period will end on July 1, 2015 and it was encouraged to have anyone interested in the future of the City at its roots to contact the City Manager’s Office. CITIZEN REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS: Attorney Rod Dyer addressed the Council on behalf of Erica Blizzard and Blizzard Inc. regarding the decision for the property at Lakeport Landing/21 Elm Street. Attorney Dyer requested that the Council take no action this evening because of a change in the appraisal to a much higher number than originally thought; an additional appraisal is being sought out by another firm with experience in marina appraisal. All indications are that this appraisal can be done by the end of June for submission to the Council and the request being made is to postpone any decision until July 13. Bruce Wright, representing Irwin Marine, requested proper consideration with respect to this decision and asked that the Council take into consideration that Irwin Marine has followed the guidelines as requested. 3 C. St. Clair addressed the Council regarding the Route 3 Signage that was placed on this evening’s agenda. The request is to table the discussion until June 22 because all of the information is not ready. COMMITTEE REPORTS: 1. FINANCE: (Lipman, Hamel, Baer) (No report on any item in committee) a) WOW Trail Fund b) Downtown TIF Financing c) Elderly Tax Exemption Analysis. Request to remove item c, Elderly Tax Exemption Analysis. Councilor Lipman moved to remove item c, Elderly Tax Exemption Analysis, from the agenda. Seconded by Councilor Hamel. Vote was 6-0 and the 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) (No report on any item in committee; a meeting on item b is scheduled for June 15 @ 6:30 p.m.) a) Ordinance Amending Chapter 221, Vehicles and Traffic/Parking on Sublawns b) Review of Chapter 167, Noise and Chapter 161, Licensing as it pertains to outdoor sound equipment and loudspeakers No report on any item in committee 4. PUBLIC WORKS: (Bolduc, Baer, Bownes) No report on any item in committee 5. LAND & BUILDINGS: (Hamel, Lipman ,Bolduc) a) Repair & maintenance of City Buildings No report on any item in committee LIAISON REPORTS: Councilor Bownes commented that the land use topic has been brought to the Planning Board as requested. MANAGER’S REPORT: City Manager Myers reviewed the Monthly Economic Development Report and Financial & Operational Trends Report. The Council was informed that the Main Street Bridge (#laconiamainstbridge) will be open to the regular traffic flow later this week. 4 City Manager Myers answered questions regarding the Main Street Bridge drainage, the Elm Street/Union Avenue intersection lights, Messer Street curb cuts being done very well, the property previously occupied by the Burger King parking lot being in disrepair and the Dunkin Donuts on Union Avenue not having fencing around there trash dumpsters. NEW BUSINESS: 1. Belknap Mill Society – Request to use Rotary Park for a musical performance on July 10, 2015 from 11 am to 10 pm Beth San Soucie explained fundraising event to the Council. There was discussion regarding the need to place barriers to prevent the general public from entering Rotary Park. It was confirmed that this was approved by the Parks & Recreation Commission. Councilor Lipman moved to permit the Belknap Mill Society to use Rotary Park for a musical performance on July 10, 2015 from 11:00 a.m. to 10:00 p.m. with the understanding that the City Manager will coordinate with the Parks & Recreation Commission. Seconded by Councilor Hamel. Vote was 6-0 and the motion passed. 2. Request to display race car on City Property on July 2, 2015 Councilor Hamel moved to allow the display of a race car on City property for the day on July 2, 2015 as requested by Wedbush Securities. Seconded by Councilor Lipman. Vote was 6-0 and the motion passed. 3. Request to approve the Municipal Agreement with Lakes Region Public Access and to authorize the City Manager to sign on behalf of the City City Manager Myers reviewed the proposed agreement with the Council. Councilor Hamel also reviewed the financial formula and that the Board has based the fee on the subscriptions to MetroCast. This is shared with neighboring communities and they have tried approaching other communities to participate. The viability of LRPA was also discussed and Councilor Hamel commented that he feels LRPA will continue. Councilor Bownes moved to approve the Municipal Agreement with Lakes Region Public Access and authorize the City Manager to sign the agreement on behalf of the City. Seconded by Councilor Doyle. Vote was 6-0 and the motion passed. 4. Route 3 Business District Signage Councilor Baer moved to table this item to the meeting June 22 to allow for more information. Seconded by Councilor Hamel. Vote was 6-0 and the motion passed. 5. Request to approve a tentative agreement with Laconia Administrative & Technical Employees, SEIU Local 1984, Chapter 69, AFL-CIO, CLC City Manager Myers explained that this is the final union to come under agreement after following the appropriate steps to a Fact Finding Report, which has been discussed in non- meeting with the Council, and both parties have agreed to the Fact Finding Report. 5 Councilor Bownes moved to approve a tentative agreement with the Laconia Administrative & Technical Employees, SEIU Local 1984, Chapter 69, AFL-CIO, CLC. Seconded by Councilor Lipman. Vote was 6-0 and the motion passed. City Manager Myers reviewed the terms of the contract for the Council and public, including pay increases, health insurance plans and associated benefits. This contract also includes a clause to review the health insurance with the inclusion of Affordable Care Act language. Mayor Engler noted that all four (4) unions are now under contract until June 30, 2017. 6. Transfer Request from Contingency to Non-Capital Reserve Councilor Bolduc moved to transfer the amount of $200,000 from account 01-431-343-0000, Contingency, to account 82-301-002-0000, Non Capital Reserve. Seconded by Councilor Baer. Vote was 6-0 and the motion passed. 7. Transfer Request from Non-Capital Reserve Accrued Leave to Fire – Retirement Payout Councilor Bolduc moved to transfer the amount of $40,000 from account 82-401-010-0000 Non Capital Reserve Accrued Leave, to account 01-445-110-0000, Fire-Retirement Payout. Seconded by Councilor Baer. Vote was 6-0 and the motion passed. 8. Request to Sign the Civil Forfeiture Warrant for 2015 Councilor Lipman moved to issue a Civil Forfeiture Warrant to unlicensed animals pursuant to RSA 466:14 and to direct the City Clerk to provide a list of those unlicensed to the Animal Control Officer for issuance of such civil forfeiture fines. Seconded by Councilor Hamel. Vote was 6-0 and the motion passed. 9. Budget Resolutions Councilor Lipman moved to read the following resolutions by title only and to include the dollar amounts. Seconded by Councilor Bolduc. Vote was 6-0 and the motion passed. a. First Reading of a Resolution relative to making itemized appropriations in the amount of for the General Fund for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016 Councilor Baer moved a First Reading of a Resolution relative to making itemized appropriations of $37,482,201 for the General Fund for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016. Seconded by Councilor Hamel. Vote was 6-0 and the motion passed. b. First Reading of a Resolution relative to making itemized appropriations for the Sewer Fund for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016 Councilor Baer moved a First Reading of a Resolution relative to making itemized appropriations of $366,000 for the Sewer Fund for the Fiscal Year Beginning July 1, 2015 and 6 terminating June 30, 2016. Seconded by Councilor Bolduc. Vote was 6-0 and the motion passed. c. First Reading of a Resolution relative to making itemized appropriations for the Internal Services Fund for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016 Councilor Hamel moved a First Reading of a Resolution relative to making itemized appropriations of $1,048,440 for the Internal Services Fund for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016. Seconded by Councilor Bolduc. Vote was 6-0 and the motion passed. d. First Reading of a Resolution relative to making itemized appropriations for the Special Revenue Fund-Motorcycle Week for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016 Councilor Bolduc moved a First Reading of a Resolution relative to making itemized appropriations of $171.988 for the Special Revenue Fund-Motorcycle Week for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016. Seconded by Baer. Vote was 6-0 and the motion passed. e. First Reading of a Resolution relative to making itemized appropriations for the Water Fund for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016 Councilor Bolduc moved a First Reading of a Resolution relative to making itemized appropriations of $461,000 for the Water Fund for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016. Seconded by Councilor Baer. Vote was 6-0 and the motion passed. f. First Reading of a Resolution relative to making itemized appropriations for the Tax Increment Finance District-Lakeport for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016 Councilor Bolduc moved a First Reading of a Resolution relative to making itemized appropriations of $2,777 for the Tax Increment Finance District-Lakeport for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016. Seconded by Councilor Baer. Vote was 6-0 and the motion passed. g. First Reading of a Resolution relative to making itemized appropriations for the Tax Increment Finance District-Downtown for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016 Councilor Baer moved a First Reading of a Resolution relative to making itemized appropriations of $185,190 for the Tax Increment Finance District-Downtown for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016. Seconded by Councilor Bolduc. Vote was 6-0 and the motion passed. h. First Reading of a Resolution relative to making itemized appropriations for the Tax Increment Finance District-Weirs for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016 7 Councilor Doyle moved a First Reading of a Resolution relative to making itemized appropriations of $11,465 for the Tax Increment Finance District-Weirs for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016. Seconded by Councilor Bolduc. Vote was 6-0 and the motion passed. i. First Reading of a Resolution relative to making itemized appropriations for Anticipated Grants for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016 Councilor Bolduc moved a First Reading of a Resolution relative to making itemized appropriations of $866,334 for Anticipated Grants for the Fiscal Year Beginning July 1, 2015 and terminating June 30, 2016. Seconded by Councilor Hamel. Vote was 6-0 and motion passed unanimously. 10. Request to schedule a public hearing on June 22, 2015 during the regular Council Meeting regarding the proposed 2015/2016 Fiscal Year Budget Councilor Baer move to schedule a public hearing on June 22, 2015 during the regular Council Meeting regarding the proposed 2015/2016 Fiscal Year Budget. Seconded by Councilor Lipman. Vote was 6-0 and motion passed. UNFINISHED BUSINESS: 1. Second reading of a resolution relative to accepting donations for the Black Brook Geomorphological Study and Laconia Police Department K-9 Unit Councilor Bolduc moved to waive the reading of this resolution in its entirety and to read by title only. Seconded by Councilor Hamel. Vote was 6-0 and the motion passed. Councilor Lipman moved a second reading of a resolution relative to accepting donations for the Black Brook Geomorphological Study of $4,000 and Laconia Police Department K-9 Unit of $1,168. Seconded by Councilor Bownes. Vote was 6-0 and the motion passed. 2. Second reading of a resolution relative to accepting donations from the Opechee Park Club Councilor Bolduc moved to waive the reading of this resolution in its entirety and to read by title only. Seconded by Councilor Lipman. Vote was 6-0 and the motion passed. Councilor Bolduc moved a second reading of a resolution relative to authorizing the City Manager to accept donations of $18,500 on behalf of the City from the Opechee Park Association for the construction of a covered picnic pavilion at Opechee Cove. Seconded by Councilor Lipman. Vote was 6-0 and then motion passed. NON - PUBLIC SESSION: Councilor Bolduc moved to enter into non-public session according to RSA 91-A:3, II: (d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community. Seconded by Councilor Lipman. 8 On a roll call vote of the Council it was voted 6-0 to enter into non-public session at 8:22 p.m. The non-public session was convened in Room 200B. Councilor Lipman moved to come out of non-public session at 9:12 p.m. Seconded by Councilor Bolduc. Vote was 6-0 and the motion passed. Councilor Hamel moved to seal the minutes of the non-public session for four (4) months. Seconded by Councilor Lipman. Vote was 6-0 and the motion passed. 3. Lakeport Landing/21 Elm Street Mayor Engler reviewed the process surrounding this property to date. At the last Council Meeting the Council requested that the parties wishing to bid on the property be notified to submit their best offer with the inclusion of specific terms set forth by the Council; terms included a delay in taking possession of the property, easements, and those that could be of an implication to the taxable value of the property. A letter was sent to Lakeport Landing/Blizzard Inc. and Irwin Marine/James R Irwin & Sons with the request to submit the highest and best offers to be submitted to the City Manager by 4:00 p.m. today. Both parties have submitted bids that met all of the terms with the following purchase offers: Lakeport Landing $331,400 Irwin Marine $528,000 Lakeport Landing included a request that the process of selecting an offer be tabled this evening to allow for an additional appraisal to be conducted. Councilor Lipman moved to authorize the City Manager to negotiate a purchase and sales agreement with Irwin Marine with the stipulation that the two (2) year delay of possession does not begin until the end of the current lease term with the current occupant. Seconded by Councilor Bownes. Vote was 4-2 (For: Councilor Doyle, Councilor Bownes, Councilor Lipman, Councilor Hamel; Opposed: Councilor Baer, Councilor Bolduc) and the motion passed. 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 Baer commented that she has been beaten many times while serving on the Council and she is truly disappointed in the Council this evening (related to 21 Elm Street). Councilor Bolduc commented that the City has done all they needed to do regarding 21 Elm Street but he is still disappointed with what has happened this evening. 9 Councilor Bolduc commented that there was a property on Sheridan Street that has been an issue and the property is now in excellent condition. ADJOURNMENT: Councilor moved to adjourn at 9:19 p.m. Seconded by Councilor. Vote was 6-0 and the motion passed. Respectfully Submitted: Mary A Reynolds City Clerk 10