City Council

LACONIA CITY COUNCIL MEETING SEPTEMBER 28, 2015 CITY HALL – CONFERENCE ROOM 200A 7:00 P.M. CALL TO ORDER: Mayor Engler called the meeting to order at the above date and time. RECORDING SECRETARY: Deputy City Clerk Anders. SALUTE TO THE FLAG: Councilor Ava Doyle led the Salute to the Flag. ROLL CALL: Deputy City Clerk Anders called the roll with the following Councilors present: Councilor Ava Doyle, Councilor Henry Lipman, Councilor Brenda Baer, Councilor Robert Hamel, and Councilor Armand Bolduc. Mayor Engler noted that five (5) Councilors are in attendance and a quorum is established. Councilor Bownes was absent. STAFF IN ATTENDANCE: Finance Director Donna Woodaman. ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS: 1. Regular meeting of September 14, 2015 Mayor Engler stated the minutes have been distributed by the Clerk on August 27 and there were no corrections, the minutes are accepted as distributed. CONSENT AND ACTION CALENDAR: 1. Fundraising request from WOW Trail for a 5K run/walk on October 24, 2015 from 9 am to noon for fundraising for the WOW Trail and the Children’s Auction 1 Councilor Bolduc moved to approve the request by WOW Trail for a 5K run/walk on October 24, 2015 from 9 am to noon for fundraising for the WOW Trail and the Children’s Auction. Seconded by Councilor Doyle. Vote was 5-0 and the motion passed. 2. Fundraising request from Weirs Park Association to use the front and rear parking lot at the Park Hall for fundraising from June 11 through June 19, 2016 for fundraising for the Weirs Park Association Councilor Bolduc moved to approve the request by Weirs Park Association to use the front and rear parking lot at the Park Hall for fundraising from June 11 through June 19, 2016 for fundraising for the Weirs Park Association. Seconded by Councilor Doyle. Vote was 4-1 (For: Doyle, Lipman, Hamel, Bolduc; Opposed: Baer) and the motion passed. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA: NONE INTERVIEWS: NONE COMMUNICATIONS: 1. Petition from Summit Avenue Residents Richard Homsi of 84 Summit Ave spoke. His concern was the speeding on Summit Ave. The new signs and the police presence have helped but speeding is still an issue and HE would like a change before an accident happens. He is looking for three way stop signs on Wentworth Cove, Summit Ave and Governor’s Island. The petition is signed by all the residents of Summit but one, who was not able to be contacted. Councilor Bolduc agreed this would be a solution to the problem. Robert Heinrick a frequent visitor of 116 Wentworth Cove spoke. He understands the concern but doesn’t acknowledge speeding in that area. The speed limit sign is hidden in the foliage and thinks people just don’t know the speed. R. Heinrick feels a three way stop is unnecessary. He is also offended by Homsi’s new sign. Brian Iske of 39 Summit Ave spoke. He agreed that stop signs would help with the speeding issue. Councilor Bolduc moved to refer the request to the Public Works Committee. Seconded by Councilor Baer. Vote was 5-0 and the motion passed. PUBLIC HEARING: 1. Community Development Block Grant Application a. A proposed application to the Community Development Finance Authority for up to $12,000 in Community Development Block Grant Planning Study funds for Granite State Children’s Alliance to develop a comprehensive plan to create a Model Child Advocacy Center, the Greater Lakes Child Advocacy Center, at 95 Water St., Laconia. The majority of the clients of GSCA are of low and moderate income. 2 b. The Residential Antidisplacement and Relocation Assistance Plan. Notice of the public hearing was made in the Wednesday, September 16, 2015 edition of the Laconia Daily Sun, at City Hall, the Gail Memorial Library, the Laconia Community Center and the Offices of the Laconia School District. Informational packets regarding this CDBG Application were made available to the public. Mayor Engler opened the public hearing at 7:21 pm. Mayor Engler stated the Community Development Block Grant funds are available to municipalities through the NH Community Development Finance Authority. Up to $500,000 annually is available for economic development projects, up to $500,000 for public facility and housing projects, up to $350,000 in emergency activities and up to $12,000 is available per each planning grants. All projects must primarily benefit low and moderate income persons. This Project is a proposed application to the Community Development Finance Authority for up to $12,000 in Planning Grant Community Development Block Grant funds for Granite State Children’s Alliance to develop a comprehensive plan to create a Model Child Advocacy Center, the Greater Lakes Child Advocacy Center, at 95 Water St, Laconia. The majority of the clients of GSCA are of low and moderate income. This project conforms with Laconia’s Housing and Community Development Plan’s Goal of: Community Facilities and Services – Provide facilities and services that meet the needs of the City’s population. There was no public comment. Mayor Engler closed the public hearing at 7:22 pm. The Antidisplacement and Relocation Assistance Plan must be adopted for each project each time CDBG funds are requested. This plan outlines the measures they would take to find comparable, suitable housing if a person (or business) was displaced or relocated. This is just a Planning Study. No displacement or relocation will occur. Mayor Engler opened the public hearing at 7:25 pm. Former Mayor Tom Tardif of Winter Street spoke. He asked who will administer the grant if awarded. Donna Lane, the CDBG consultant, said that the city would hire someone on the list of consultants. T. Tardif asked how much that would cost taxpayers and D. Lane said it would be built in the grant as well as the other fees. Councilor Lipman asked how the Lakes Region Child Care is affiliated and Phil Heber stated he operates the child advocacy center in Laconia. 3  Mayor Engler closed the public hearing at 7:28 pm. 2. A request by Laconia Police Department to accept a Justice Assistance Grant (JAG) in the amount of $14,641 with the City’s share at $11,641 Notice of this public hearing was made in the Thursday, September 17, 2015 edition of the Laconia Daily Sun, at City Hall, the Gail Memorial Library, the Laconia Community Center, and the offices of the Laconia School District. This public hearing is being held in accordance with the City Charter, Section 5:06, all appropriations after the budget has been approved for the fiscal year require a public hearing and a Resolution to affirm the funds. Mayor Engler opened the public hearing at 7:29 pm. Tom Tardif spoke. He has an issue with the process. He asked who will administer the grant if awarded. Lieutenant Al Graton of Laconia Police Department stated that the Police Department will administer the grant. T. Tardif feels that the answers should be coming from the Council. He read a part of the grant application regarding process. T. Tardif feels the process is lacking and feels the matter should be tabled until the proper procedure is followed and that the City should have a grant procedure in place. Councilor Lipman asked Lt Graton to speak to the procedure. Lt Graton took over the process last year and followed the process that has been in place in the past. The grant has been approved but will not be given until the signatures are in place. T. Tardif stated that the Council should approve applying for the grant so there is a track of where the money actually goes. With no further public comment Mayor Engler closed the public hearing at 7:45 pm. PRESENTATIONS: NONE MAYOR’S REPORT: Mayor Engler noted ribbon cutting ceremony on Friday for the completion of the Main Street Bridge construction and the opening of the Main Street Park. The Colonial Theatre project is coming along and money and planning is still needed. The hiring of an architect and construction manager is under way. There has been regional and national interest in the bids. The decision on the architect will be in a week or two and the construction manager will be in the next few weeks. CITIZEN REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS: Charlie St Clair spoke. He will not be present when the noise ordinance will be heard. He is concerned about the 50 feet distance noted because it’s subjective and might become an issue. 4 Don Richards of Timber Lane spoke. He has been on the Planning Board for 18 years and heard all the situations with noise in the Weirs. He feels there can be a compromise and feels the issue is the outdoor loud speakers. COMMITTEE REPORTS: 1. FINANCE: (Lipman, Hamel, Baer) a) WOW Trail Fund b) Downtown TIF Financing No report on any item in committee 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) 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 Action on item b under New Business. 4. PUBLIC WORKS: (Bolduc, Baer, Bownes) No report on any item in Committee 5. LAND & BUILDINGS: (Hamel, Lipman ,Bolduc) Repair & maintenance of City Buildings No report on any item in committee LIAISON REPORTS: NONE MANAGER’S REPORT: Finance Director Donna Woodaman reviewed the Project Updates report. NEW BUSINESS: 1. Fundraising request from Lily’s Angels to use Opechee Park on October 18, 2015 from 8:30 am to 2 pm for fundraising for the Children’s Auction 5  Councilor Bolduc moved to approve Lily’s Angels to use Opechee Park on October 18, 2015 from 8:30 a.m. to 2:00 p.m. for fundraising for the Children’s Auction. Seconded by Councilor Hamel. The vote was 5-0 and the motion passed. 2. Introduction of an ordinance amendment relative to Chapter 167, Noise and Chapter 161, Licensing as it pertains to outdoor sound equipment and loudspeakers and a request to schedule a public hearing on October 13, 2015 during the regular Council Meeting In accordance with Council Rule 28 (A), because there are penalties associated with the amendment, it cannot be adopted in the same meeting it was introduced. The Ordinance must go through a “first reading” at this meeting. Councilor Doyle would rather get input from the public and feels there will be lot of different opinions. She does not feel comfortable moving forward without a public hearing. Councilor Lipman suggested an informational/ listening session be done. Councilor Doyle moved to table the reading of this ordinance in its entirety. Seconded by Councilor Bolduc. The vote was 5-0 and the motion passed. Councilor Doyle moved to ask City Manager Myers to schedule an informal public input session on the changes to the noise ordinance for October 13, 2015. Seconded by Councilor Bolduc. The vote was 5-0 and the motion passed. 3. Introduction of an ordinance amending Chapter 119, Building Construction In accordance with Council Rule 28 (A), this ordinance may be adopted in the same meeting at which it is introduced. Two public hearings were held at the Zoning Board of Adjustments and a public hearing is not required for approval. Pam Clark, chair of the Heritage commission spoke. She stated the original demolition ordinance was approved in 2005 and feels the changes will be clearer in protecting historical buildings. She went over the changes and additions to the ordinance. Councilor Lipman asked if there is inventory list and was told no. Councilor Lipman doesn’t object but feels it would be helpful to have a list. P. Clark said there is a list of a few buildings on the National Register already. Councilor Hamel asked who would decipher a historical property and P. Clark said the property would be submitted to Code Enforcement through the demolition permit then go to a Heritage Commission meeting to decipher the status. Charlie St Clair of Messer Street spoke. He never got the impression that the commission will stop people, it’s to educate the public and for others to realize how important the buildings are to the city. Clark said the intent is to strengthen the ordinance. Councilor Bolduc moved to waive the reading of this ordinance in its entirety and to read by title only. Seconded by Councilor Baer. The vote was 5-0 and the motion passed. 6  Councilor Bolduc moved to approve an ordinance amending Chapter 119, Building Construction as presented with the exception of striking the language in paragraph d after “demo ordinance”. Seconded by Councilor Baer. The vote was 5-0 and the motion passed. 4. Request by Laconia Airport Authority to accept a Department of Transportation, Department of Aeronautics (Bureau) Airport Pavement Maintenance and Marking (SBG 09-10-2015) grant and to authorize the Mayor to execute the agreement on behalf of the Airport Authority Marv Everson has enclosed a memo for back up. Councilor Bolduc moved to approve the Laconia Airport Authority to accept a Department of Transportation, Department of Aeronautics Airport Pavement Maintenance and Marking (SBG 9/10/2015) grant and to authorize the Mayor to execute the agreement on behalf of the Airport Authority. Seconded by Councilor Doyle. The vote was 5-0 and the motion passed. 5. Request to approve an application to the Community Development Finance Authority for up to $12,000 in Community Development Block Grant Planning Study funds for Granite State Children’s Alliance to develop a comprehensive plan to create a Model Child Advocacy Center, the Greater Lakes Child Advocacy Center, at 95 Water St., Laconia and to authorize the City Manager to execute the application on behalf of the City Councilor Bolduc moved to have Council approve the submittal of the CDBG planning study application for Granite State Children’s Alliance Planning Study and votes to authorize the City Manager to sign and submit the application, and upon approval of the CDBG application, authorize the City Manager to execute any documents which may be necessary to effectuate the CDBG contract. Seconded by Councilor Doyle. The vote was 5-0 and the motion passed. 6. Request to approve the Residential Antidisplacement and Relocation Assistance Plan Councilor Hamel moved to have the Council to adopt the Residential Antidisplacement and Relocation Assistance Plan for the Granite State Children’s Alliance Planning Study. Seconded by Councilor Baer. The vote was 5-0 and the motion passed. 7. Second reading of a resolution relative to the acceptance of a Justice Assistance Grant (JAG) in the amount of $14,641 with the City’s share at $11,641 and to authorize the City Manager to sign all documents necessary to accept the grant Councilor Hamel moved to table the resolution to have it done correctly and to ask City Manager Myers to investigate the issues raised. Seconded by Councilor Bolduc. The vote was 5-0 and the motion passed. 7  Councilor Hamel moved to refer the procedural aspect to Government Operations and Ordinances for grants applications. Seconded by Councilor Lipman. The vote was 5-0 and the motion passed. 8. Request to approve a lease renewal for the New Covenant Christian Church and to authorize the City Manager to execute the agreement on behalf of the City The Parks & Rec commission has approved the renewal contingent on Council approval. The determination of the monthly rent has been deferred to the Parks & Rec Director, City Administration and/or City Council. The current rent is $1000 per month. Councilor Hamel said the church members do the upkeep on the inside of the park house and the Parks and Rec do the outside. Councilor Bear moved to approve a lease renewal for five years to the New Covenant Christian Church with a monthly rental of $1000 and authorize the City Manager to execute the agreement on behalf of the City. Seconded by Councilor Bolduc. Councilor Lipman asked if there are any new expenses being accrued and Kevin Dunleavy said there is no extra expense. The vote was 5-0 and the motion passed. UNFINISHED BUSINESS: 1. Route 3 Business District Signage A memo and breakdown of cost has been provided, as well as placement map, by Paul Moynihan. As indicated in the memo exact locations need to be investigated further before finalized. Councilor Bolduc moved to adopt the Route 3 Business District signage with a cost of $3315.00. Councilor Baer seconded. The vote was 5-0 and the motion passed. 2. Milfoil Treatment Funding Request 3. WOW Trail 4. Master Plan 5. EPA Update 6. Sewer & Water Master Plan 7. Single Stream Recycling/Concord Co-Op/Solid Waste Disposal Cost Reduction 8. Strategic Planning/Goal Setting NOMINATIONS, APPOINTMENTS & ELECTIONS: NONE COUNCIL COMMENTS: NONE NON - PUBLIC SESSION: NONE 8 ADJOURNMENT: Councilor Bolduc moved to adjourn at 8:49 p.m. Seconded by Councilor Hamel. The vote was 5-0 and the motion passed. Respectfully Submitted, Stacy Anders Deputy City Clerk 9