City Council

City of Laconia – City Council Monday, March 14, 2016 – 7:00 p.m. City Hall – Conference Room 200A CALL TO ORDER: Mayor 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. RECORDING SECRETARY: City Clerk Mary Reynolds ROLL CALL: City Clerk Reynolds called the roll with the following Councilors in attendance: Ava Doyle, Henry Lipman, Brenda Baer, Robert Hamel, and Armand Bolduc Mayor Engler stated that five (5) Councilors are in attendance and a quorum is established. STAFF IN ATTENDANCE: City Manager Scott Myers and Finance Director Donna Woodaman ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS Minutes of the February 22, 2016 were submitted to the Council on February 26, 2016. There was one correction made and redistributed. With no further corrections they are accepted as distributed with correction. CONSENT AND ACTION CALENDAR 1) Temporary Traffic Order 2016-03, Penny Pitou Blood Drive Motion to approve as presented by Councilor Bolduc and seconded by Councilor Hamel; the motion passed with all in favor. 2) Request to raise funds on City property – Making Strides Against Breast Cancer Motion to approve as presented by Councilor Bolduc and seconded by Councilor Doyle; the motion passed with all in favor. 3) Request to raise funds on City property – Evangelical Baptist Church Motion to approve as presented by Councilor Hamel and seconded by Councilor Bolduc; the motion passed with all in favor. 4) Request to raise funds on City property – Lakes Region Community Service Motion to approve as presented by Councilor Bolduc and seconded by Councilor Hamel; the motion passed with all in favor. 5) Request to raise funds on City property – Lakes Region Girls Softball  Motion to approve as presented by Councilor Bolduc and seconded by Councilor Doyle; the motion passed with all in favor. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Pam Clark addressed the Council. P. Clark is in attendance as the President of the Laconia Historical Society and would like to form a committee to celebrate the 125th Anniversary of the City of Laconia which will happen in 2018. The committee would ideally have representation from Lakeport, the Weirs and Downtown. P. Clark would like to have souvenirs designed and brought some souvenir plates that were used in the past. There would need to have budget appropriations over the next few years for entertainment, fireworks, souvenirs, etc. P. Clark reviewed ideas that she has for subcommittees of the actual committee. Mayor Engler asked when P. Clark would like to have the committee formed. P. Clark replied that she would like to have this started in April. Mayor Engler asked if this would be an anticipated budget appropriation for the upcoming fiscal year. P. Clark replied that it would. Mayor Engler asked if the request is to have the Council appoint the members. P. Clark replied that she is looking for the Councils approval of the committee formation. She has already begun asking people if they would like to be involved and welcomes any other citizens of the City that would like to participate. Mayor Engler requested this item be placed on the March 28, 2016 agenda for discussion and to have some backup material from P. Clark at that time. Mayor Engler stated that this is an exciting venture. INTERVIEWS The following interviews were conducted. Appointments will be made at the March 28, 2016 meeting. 1) Nadine L. Jordan - seeking appointment to an alternate position on the Library Board of Trustees for a three-year term expiring at the end of March, 2019 (2 alternate positions and 2 regular positions available) 2) Hamilton McLean - seeking reappointment as the Planning Board's representative to the Lakes Region Planning Commission to a four-year term expiring at the end of March, 2020 COMMUNICATIONS None PUBLIC HEARING 1) Resolution 2016-03 relative to authorizing the City Manager to accept and expend grants on behalf of the City for the Department of Environmental Services (DES) Diver/Diver Assisted Suction Harvesting (DASH) Grant in the amount of $6,640.00  for an Exotic Aquatic Plant Control Project in Langley, Moulton and Pickerel Coves off Paugus Bay Mayor Engler opened the public hearing at 7:23 p.m. with notice of this public hearing being made in the Friday, February 26, 2016 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. A second reading of this resolution is scheduled for this evening under Unfinished Business. Copies of the resolution were made available to the public in the City Clerk's Office. Mayor Engler requested public comments. With no members of the public choosing to speak the public hearing was closed at 7:24 p.m. 2) A proposed ordinance amendment to Article III of the Zoning Ordinance regarding Off Street parking and loading requirements; driveways and access to bring the parking requirements into conformance with Federal ADA standards. Mayor Engler opened the public hearing at 7:25 p.m. with notice of this public hearing being made in the Friday, February 26, 2016 edition of the Citizen newspaper, at City Hall, the Gale Memorial Library, the Laconia Community Center and the offices of the Laconia School District. Approval of this ordinance amendment is scheduled for this evening under Unfinished Business. Copies of the ordinance were made available to the public in the City Clerk's Office. Mayor Engler requested public comment. With no members of the public choosing to speak the public hearing was closed at 7:26 p.m. PRESENTATIONS (1) Happy Tails Dog Park Update Ginny Martin addressed the Council. G. Martin reviewed the history of the organization and noted they are a 501-c (3) organization with an active community through social media and a paper mailing list. The idea for the park came forward as a concept and the City Council was supportive therefore the organization continued to raise funds to make the park possible, including participating in the Coffee Festival and Pumpkin Festival, and they have received a donation from a donor that would fully fund the park’s construction. The property that is being proposed for the park is owned by the City and is on Growth Road. G. Martin has been working with Kevin Dunleavy on this proposal. The park would be on City property but would be maintained by the organization, including construction of the park, and services needed such as trash removal and insurance for the park. The Council has been given information regarding other dog parks in the State that have had success and the communities of Merrimack and Enfield have added recently. Moving forward for this would be beneficial to the City and visitors. The hope would be to have a plan submitted to the Planning Board in March so the park construction can begin and have the park open in late summer. G. Martin asked if the Council has any general concerns. Councilor Hamel asked what the anticipated annual maintenance is for the park. G. Martin replied that the estimate is $1,500 to $2,000 because the area will be rustic with wooded area. There will be not water or electricity. Councilor Hamel asked if there have been any instances of dog bites from other communities. G. Martin replied that this is always a concern and one of the rules would be to have aggressive animals not be permitted. As with any other City park, the bite of a dog would be a police offensive. This is a self-policed park and if they have an issue it would be a police matter. Councilor Bolduc asked if this would be open in the winter. G. Martin replied that initial discussion was to not have it open in the winter. Councilor Baer asked if City Manager Myer had record of the last time this group was here because she felt that this was already approved. City Manager Myers advised the minutes are in the packet provided and the group has gone through several City avenues that would be required. They have also supplied sample insurance documents, contracts with municipalities, and the conceptual idea was approved. City Manager Myers shared that a donation was made by a local family to invest $50,000 to complete the park and $50,000 in trust for the maintenance of the park. City Manager Myers reviewed the document received. The donor has been identified as Lezama Family and the request would be to have the family name incorporated into the name of the park. The funds would be accepted appropriately and all legal channels will be followed. John Rokeh addressed the Council. The construction of the site has been minimally priced because of in-kind services that have been given. The plan will involve minimal maintenance with minimal structures. J. Rokeh is working to have the project come in at $50,000 or less. There was discussion regarding the proposed construction plan that would consist of approximately 2 acres of the 26 acre track. Councilor Hamel asked how far back the park would go and if there are any residents that would be effected. K. Dunleavy advised that there would be residents effected on Opal Lane and Emerald Drive. Councilor Bolduc commented that parking may be difficult. J. Rokeh advised the plan as 19 spaces and it isn't anticipated that they will all be full at the same time. Councilor Bolduc asked if there were any resident concerns. K. Dunleavy advised that public would be able to express concerns during the Planning Board approval process. K. Dunleavy advised the Council that this land was purchased with a grant for park land and this would be an appropriate use. City Manager Myers recommended having a formal item on the agenda for the March 28, 2016 meeting if the Council would like. Councilor Lipman expressed concerns with funding. City Manager Myers replied that this is a rustic project and the cost will be minimal. The location is in a private area and will not be an issue esthetically. Mayor Engler thanked the organization for the presentation. MAYOR’S REPORT Mayor Engler reminded everyone that tomorrow is the open house at the Fire Department from 3:00 p.m. to 7:00 p.m. with a ribbon cutting scheduled for 5:00 p.m. Mayor Engler noted that former Mayor Seymour's photo is now in the hallway at City Hall with all former Mayors. It is a wonderful tradition for the City and it is very nice to see. Mayor Engler reported that a meeting was held with Mitch Hamel, Chairman of the Parks and Recreation Commission, and Kevin Dunleavy regarding specific issues that came up regarding the Muskrats concerns that came forward at the last meeting. Councilor Hamel and City Manager Myers were also in attendance. The meeting included the review of the City Code which identifies what can be approved by the Parks & Recreation Commission and what needs to come before the Council. The Parks & Recreation Commission will look into all of the concerns the Council brought forward and will report back with an anticipated date of June to have recommendations. A pending item of business at this time regarding the Muskrats is if they will sell beer at the meeting and it was agreed that this will come to the Council for approval. COMMITTEE REPORTS *Not all items in this section may be acted on. Reports and updates will be made when necessary. 1. FINANCE a) WOW Trail Funding b) Downtown TIF Financing 2. PUBLIC SAFETY a) Fair St/Court St traffic problems and accidents 3. GOVERNMENT OPERATIONS AND ORDINANCES 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 c) Procedural review of grant applications d) Leasing of City-owned dock space in the Weirs Councilor Doyle reported on the meeting held earlier this evening. The committee recommends that this item does not move forward at this time. The limited dock space needs to be left for the public. Motion to remove item d, Leasing of City-owned dock space in the Weirs, from the agenda and seconded by Councilor Bolduc; the motion passed with all in favor. Councilor Hamel asked if item b, procedural review of grant applications, has been handled. This has not been brought forward and clarification is being sought. Councilor Hamel stated that he felt this was placed so the Council had the information before a meeting and the request to accept. City Manager Myers reiterated that the City is waiting for legal avenues to be completed before taking this item up again. 4. PUBLIC WORKS a) Review of proposed speed table on Summit Avenue Councilor Bolduc reminded everyone that there will be a meeting on March 28, 2016 at 6:00 p.m. regarding the speed table proposal for Summit Avenue. 5. LAND & BUILDINGS a) Repair and maintenance of City Buildings b) Downtown parking garage LIAISON REPORTS None CITIZEN REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS None MANAGER’S REPORT City Manager Myers reviewed the Monthly Economic Development Report and the Financial and Operational Trends Report. NEW BUSINESS 1) Inter-municipal agreement with the Town of Belmont for the services of the Fire Chief Mayor Engler noted that there has been a change to the agreement and it was distributed to the Council this evening. City Manager Myers reviewed the proposed agreement that has already been approved by the Town of Belmont with the Council and the change recommended by the City's liability insurance provided to the Council. With the change it is recommended that the agreement go back to the Town of Belmont for approval. Mayor Engler reviewed the particular aspects of the agreement that included compensation to the City for the Fire Chief and the term. City Manager Myers added that there is also a segment allowing for notice of the City to the Town of Belmont to allow for insurance and benefits is known. Councilor Lipman commended the step in the direction of regionalization and requested the periodic reporting on the progress. City Manager Myers agreed that monitoring is important because this could be the first of many possibilities for regionalizing services that can grow if it makes sense. Councilor Lipman suggested setting the goals so that when the initial term is up so that the definition is already in place. Councilor Hamel commented that it is important to track expenses to make sure it is beneficial to both communities. City Manager Myers agreed and stated the focus for him is the City. The various factors, including compensation and cost, have been calculated into the cost to the Town of Belmont as well as the City's costs. Motion to approve the inter-municipal agreement with the Town of Belmont as amended by Councilor Hamel and seconded by Councilor Bolduc; the motion passed with all in favor. Motion to approve the City Manager to sign the inter-municipal agreement and waiver of conflict on behalf of the City by Councilor Bolduc and seconded by Councilor Doyle; the motion passed with all in favor. 2) First reading of Resolution 2016-04 relative to authorizing the City Manager to accept and expend grants on behalf of the City in the amount of $9,989.76 for Laconia Police Department STEP Patrols and to schedule a public hearing on March 28, 2016 during the regular Council meeting Motion to waive a reading of the resolution in its entirety by Councilor Hamel and seconded by Councilor Baer; the motion passed with all in favor. A first reading and scheduling of a public hearing on March 28, 2016 during the regular Council meeting by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. 3) Request for amendments to the hours of operation for food vendors and beer tents for Motorcycle Week 2016 Motion to extend the hours for food vendors from 11:00 p.m. to 1:00 a.m. for Motorcycle Week 2016 by Councilor Doyle and seconded by Councilor Bolduc; the motion passed with all in favor. Motion to permit the beer tents to be open on Friday, June 10, 2016 for an additional fee of $50 by Councilor Doyle and seconded by Councilor Bolduc; the motion passed with all in favor. 4) Request to schedule a public hearing on March 28, 2016 during the regular City Council meeting relative to authorizing the City Manager to expend Equitable Sharing Agreement funding from the US Department of Justice in an amount not to exceed $8,000 for the purchase of surveillance equipment in accordance with the guideline of the Department of Justice City Manager Myers revealed the need to have more detail in the public hearing posting and that the resolutions were intact and acceptable. Mayor Engler requested to have a reading of the resolutions and second reading for clarity. Motion to waive the reading of resolution 2015-22 in its entirety and to read by title only made by Councilor Baer and seconded by Councilor Hamel; the motion passed with all in favor. Motion for a first reading of resolution 2015-22 and to schedule a public hearing for March 28, 2016 during the regular Council meeting by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. 5) Request to schedule a public hearing on March 28, 2016 during the regular City Council meeting relative to authorizing the City Manager to accept and expend $9,891.32 from the State of NH Department of Justice grant for a purpose approved by the State of NH Department of Justice Motion to waive the reading of resolution 2015-23 in its entirety and to read by title only made by Councilor Doyle and seconded by Councilor Bolduc; the motion passed with all in favor. Motion for a first reading of resolution 2015-23 and to schedule a public hearing for March 28, 2016 during the regular Council meeting by Councilor Doyle and seconded by Councilor Baer; the motion passed with all in favor. UNFINISHED BUSINESS 1) Second reading of resolution 2016-03 relative to acceptance of a Department of Environmental Services Exotic Species Program Grant in the amount of $6,640.00 Motion to read resolution 2016-03 by title only by Councilor Baer and seconded by Councilor Hamel; the motion passed with all in favor. Motion for a second reading of resolution 2016-03 by title only by Councilor Baer and seconded by Councilor Bolduc; the motion passed with all in favor. 2) Ordinance amendment to Article III of the Zoning Ordinance regarding Off Street parking and loading requirements; driveways and access to bring the parking requirements into conformance with Federal ADA Councilor Hamel asked why there is a notation to driveways and if this applies to private homes. City Manager explained that it does not but driveways for commercial would be effected moving forward. Motion to read this ordinance amendment by title only made by Councilor Doyle and seconded by Councilor Bolduc; the motion passed with all in favor. Motion to approve the ordinance amending Chapter 235, Zoning, Article III, Off Street Parking and Loading Requirements; Driveways and Access, as presented by Councilor Bolduc and seconded by Councilor Doyle; the motion passed with all in favor. Councilor Hamel asked how many spaces would be lost by the extension of the spaces. City Manager Myers replied that he does not have a count but this would be applicable to any new projects. There was discussion regarding the requirements and the number of spaces that are required. NOMINATIONS, APPOINTMENTS & ELECTIONS None COUNCIL COMMENTS Councilor Baer commended the Laconia Police Department for the large scale drug bust that occurred this week and congratulated Councilor Bolduc on his son’s recent accomplishments in the Armed Services. NON-PUBLIC SESSION Motion by Councilor Bolduc to enter into non-public session according to RSA 91-A:3, II (b) “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” and seconded by Councilor Baer. On a roll call vote of the Council, with all members answering in the affirmative, the Council entered into non-public session at 8:43 p.m. Mayor Engler stated that no further action would be taken at the conclusion of the non- public session. Motion to come out of non-public session made by Councilor Bolduc at 9:11 p.m. and seconded by Councilor Hamel; the motion passed with all in favor. Motion to seal the minutes of this non-public session for two (2) years by Councilor Hamel and Seconded by Councilor Bolduc; the motion passed with all in favor. FUTURE AGENDA ITEMS 1. Ordinance amendment relative to Chapter 167, Noise and Chapter 161, Licensing 2. as it pertains to outdoor sound equipment and loudspeakers (tabled at the meeting 3. of 9/28/15) 4. Second reading of a resolution relative to the adoption of RSA 31:95-b, 5. Appropriation of funds made available during the year (tabled at the meeting of 6. 11/23/15 pending the outcome of legal matters) 7. Master Plan 8. Milfoil Treatment Funding Request 9. Sewer & Water Master Plan 10. Single Stream Recycling/Concord Co-op/Solid Waste Disposal Cost Reduction 11. Strategic Planning/Goal Setting 12. WOW Trail ADJOURMENT Motion to adjourn made at 9:12 p.m. by Councilor Bolduc and seconded by Councilor Hamel; the motion passed with all in favor. Respectfully Submitted: Mary A Reynolds, City Clerk These minutes were accepted by the City Council as distributed on March 28, 2016