City Council

CITY OF LACONIA - CITY COUNCIL Monday, June 27, 2016 - 7:00 PM 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 Doyle led the Salute to the Flag. RECORDING SECRETARY Deputy Clerk Lindsey Allen ROLL CALL Deputy Allen called the roll with the following Councilors in attendance: Ava Doyle, David Bownes, Henry Lipman, Brenda Baer, Robert Hamel and Armand Bolduc. Mayor Engler stated that six (6) Councilors are in attendance and a quorum is established. STAFF IN ATTENDANCE: City Manager Scott Myers, Finance Director Donna Woodaman ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS (1) Regular and budget hearing minutes of June 13, 2016 Minutes of the budget hearing were distributed to the Council on June 17, 2016. No corrections were received. Minutes of the regular meeting were distributed to the Council on June 20, 2016. No corrections were received. With no further corrections to the minutes they are accepted as distributed. (2) Budget hearing minutes of June 20, 2016 Minutes were distributed to the Council on June 21, 2016. No corrections have been received. With no further corrections the minutes are accepted as distributed. CONSENT AND ACTION CALENDAR (1) Request by Easter Seals NH to use the City dock at Weirs Beach on July 9, 2016 for the 16th Annual HK Powersports Land & Lake Poker Run Motion to approve the request as submitted by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. PUBLIC INPUT (1) Proposed parking structure in the surface area currently occupied as a municipal parking lot and the proposal for paid on-street parking in Downtown The proposal was put forward by Councilor Bownes. He made a brief statement regarding the parking garage being rebuilt. Marie Macozek of 66 Landing Lane resident spoke. She was born here but left briefly and was shocked when she came back after the Urban Renewal. She is in support of the parking garage. David Emond, from Lakes Region Community Services, read a letter from Christine Santaniello, who could not be present. She does not feel it is the right time for metered parking. Parking does need to be addressed and suggested a committee be formed. Rachel Achber, of Achber Photography, is against metered parking in the downtown area and feels that it would discourage people from coming to Laconia. Steve Fay 139 Franklin St, would like to see all the proposal at once instead of piecemeal. People will look for free parking before paying and the parking lots may become burdened in the businesses that have large lots. Carrie Ordway, downtown store owner. Her store has parking issues with the time limits. She is for the metered parking rather than the timed parking. Tom Barker of Lane Road, all for getting rid of the garage. It is not a good first impression of Main Street. A new parking garage would be a great idea in the parking area between the City Hall and Post Office. His thoughts on metered parking is that opinion will be different to each person. He feels that is should be studied if it goes further. Katherine Tokarz, shared her opinion on the parking garage. She worked downtown a while ago and was always told not to park in the garage. Bob Soucey, Woodland Ave, stated that the reason should be looked at first. The idea is to bring people and companies into the area. Things are just now starting to come back. The garage is safe. People need to be invited to the City, not turned away. Carol Grasso, born in Laconia and lived all around the area before coming back. Feels that there is a lot here and people are looking for a small city to live in. The parking area between City Hall and the Post Office is used frequently throughout the year and if it were a garage, wouldn't have been able to be utilized. She feels that the water should be utilized as an asset. She feels that people should be asked if a garage would be best there. Feels that businesses would lose out on metered parking. Karen Barker, 129 Lane Rd, shops downtown and excited about it. She also goes  to Concord and uses the parking system and feels not a big deal. Parking in downtown Concord is always full. She does not like the garage facade and feels the future of the City needs to be looked at to enhance the whole picture in the long term. Mike Soucey, 197 Pine St Extension and Soda Shop owner and is opposed to putting up a new parking garage. He doesn't see why something can't be done to change the look to make more presentable. If a new one is built, who's to say the same thing won't happen. If a new one is put up, what will happen with the old one? He feels if it got fixed right it would be used. He wondered what will happen to the businesses. Gail Ober, against spending the money for a study since there was a charrette Bre Henderson, Woodland Ave and business owner downtown, said at her shop has a wait of one to two hours. She feels a study should be done. She asked how many work vs spend time in the area. She feels metered parking is a generational issue. The younger generation see it a different way. She can't think of another city that doesn't pay for parking in the state. If something will be new, she asked to keep the old in working condition until the new can be used. John Moriarty, thanked those who spoke. It appears that recently there is overwhelming support is razing the parking garage. There is concern with the businesses that are located in the garage. In 2011 TEC Engineering did a study on downtown and discussed that report. He gave Council a copy of a study during Motorcycle week. He thanked Council for bringing this forward. He would support the study for parking and the garage. Mayor Engler closed the public input session at 7:50 pm. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Pat Wood, discussed the Muskrat games from the weekend. He would like everyone to go enjoy a game. Gail Ober of Lafayette Street, brought up the tax cap and stated it needed to be reevaluated. INTERVIEWS COMMUNICATIONS (1) Review of the amended Rules & Regulations for City Parks & Beaches City Manager Myers reviewed the rules and regulations for City Parks & Beaches. Mayor Engler noted a letter dated June 20, 2016 regarding a lost wallet. The person thanked Councilor Bolduc for finding that wallet. PUBLIC HEARING (1) Proposed 2016/2017 Municipal and School Budgets Mayor opened the public hearing at 7:58 pm with the notice being posted in the Wednesday June 15, 2016 edition of the Laconia Daily Sun, City Hall, the Gale Memorial Library, the Community Center and the offices of the school district. Copies of the proposed budget resolution for fiscal year 2016-2017 are available for public review in the back of the Council Chambers Mike Persson of McGrath Street, spoke as a resident, business owner and tax payer. He urged the Council to look at the vision of the future and is against the tax cap. The middle class is being affected and a reason for the low number. The school district doesn't compare to the surrounding communities. In order to compete the budget would need to be raised a lot. Many are moving onto make more money elsewhere. The value in the investment needs to be understood. The middle class is moving out and lower income is moving in. There are other factors involved as well that should be identified and addressed. He attended many of the Master plan meetings and was surprised that members have not been involved. He urged Council engage in the boards. There are a lot of good things happening, but feels the future needs to be looked at and continue down the current path the consequences will not be good. Kevin Treat, 28 Oakley Drive, new resident from Merrimack who has children in school. His family is disappointed in the budget cuts. During the transition he was concerned about the poor ratings of the school system. He has been told that a better education would with a private school rather than public. There are not many programs to keep the children busy instead of in trouble. There is potential that needs to be looked at. The tax cap needs to change. Aaron Hayward, Penny Lane, discussed the school budget. The children are being short changed. The tax cap does not give flexibility. The school ranking has gone down as far a staff pay. The best people are leaving and the struggle will continue. Janine Page, Woodland Ave, spoke from a parent viewpoint. Her grandson's parents are looking at private school because of this. She thanked Council for their work and dedication. David Huot, seconded what Persson discussed. He feels the State is also at fault. The term "reasonable education" has different meanings. The tax cap needs to be adjusted to the situations faced. If the City stops moving forward all the good things done so far will be lost. Pat Wood, Shore Drive, spoke. He feels the City has done a lot in the last few years and more to be done. The struggle is to find the balance. The people need to be thought about. Those that want to live and and those that do live here. One thing to address is how to keep the qualified, now and into the future. We need to to take care of the people that make the city great. Mayor Engler stated these resolutions will be presented to Council as amended for a second and final reading and adopted at the July 11, 2016 meeting. Further discussion of the budget is not scheduled for this meeting. Council may or may not take action that night, however, it is required by law to take action by the last  meeting of the month, which is July 25, 2016. Mayor Engler closed the public hearing 8:26 pm PRESENTATIONS MAYOR'S REPORT Mayor Engler acknowledged the passing of 18 year Planning Board member Don Richards. There will be a celebration of his life at the Community Center July 10, 2016 at 1:00 pm. COMMITTEE REPORTS *Not all items in this section may be acted on. Reports and updates will be made when necessary. (1) FINANCE (a) Downtown TIF Financing (b) WOW Trail Funding (2) PUBLIC SAFETY (a) Fair St/Court St traffic problems and accidents (3) GOVERNMENT OPERATIONS and ORDINANCES (a) Review of Chapter 167, Noise and Chapter 161, Licensing as it pertains to outdoor sound equipment and loudspeakers (b) Ordinance Amending Chapter 221, Vehicles and Traffic/Parking on Sublawns (c) Procedural review of grant applications (d) Requests for "No Parking" zones to be established on three public streets: Centenary Avenue, Haven Avenue and Moulton Street (4) LANDS and BUILDINGS Councilor Hamel discussed the remainder still to be paid for the Fire Station project. The City Manger came up with a proposal to use the impact fees and environmental carry- forwards, rebates and the remainder will come out of contingency funds. The committee voted to use that and recommended to Council. (a) Downtown parking garage (b) Repair & maintenance of City Buildings  (c) Winnipesaukee Flagship Weirs Lease A meeting for the Winnipesaukee Flagship lease will be at 6:00 pm on July 11, 2016. (d) Review of the Central Fire Station final expenses LIASON REPORT Councilor Bownes requested $1,000 prize be considered for the winner of the flag contest. CITIZEN REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Kevin Morressette, 518 Shore Drive, spoke about the impact fee. He feels the fees should stay the way they are for a few more years. This is not the right time to raise the impact fees. There are other fees that should be raised like sewer and mechanical permits. He feels those are too low. MANAGER'S REPORT (1) Project Updates Report City Manager Myers reviewed the report. City Manager Myers updated the Council on LaconiaFest. The event was not part specifically or organizationally for Motorcycle week even though it was the same time. The City's involvement was working with the vendors and private property owners for the appropriate safeguards. There were some challenges with the event promoters. The crowd expectations didn't materialize. Being a new event, public safety needed to be kept up on the 12 acre site. The City tried to staff appropriately as best they could, being a new event. Adjustments during the week were made daily. The first weekend staff count was higher from the pre-sold ticket counts. There were challenges where the promoter on certain nights had free attendance and some nights had tickets for sale. The challenge was to pull the plug or let it go on. Staff did a tremendous job. Final numbers are still working out but the expense is about $100,000 for staff detail. There was a deposit of $35,000 submitted prior to the start of the event and no additional funds were made, even with effort from the City. Councilor Baer asked what the final numbers were for the Motorcycle Week part because it was suggested to use that money for the money due from LaconiaFest. City Manager Myers did not have the tally as of yet. Vendor fees are up compared to prior years. There is $117,000 sitting the Motorcycle Week account currently. NEW BUSINESS (1) First reading of resolution 2016-19 relative to authorizing the City Manager to accept and expend donations on behalf of the City in the amount of $3,535.97 from Joyce Donahue in memory of Kenneth Glidden for the purchase of a scoreboard at Memorial Park and to schedule a public hearing on July 11, 2016 during the regular Council meeting Motion to waive the reading of the resolution in its entirety and read by title only  by Councilor Hamel, seconded by Councilor Baer; the motion passed with all in favor. First reading of resolution 2016-19 relative to authorizing the City Manager to accept and expend donations on behalf of the City in the amount of $3,535.97 from Joyce Donahue in memory of Kenneth Glidden for the purchase of a scoreboard at Memorial Park and to schedule a public hearing on July 11, 2016, made by Councilor Hamel and seconded by Councilor Bownes; the motion passed with all in favor. (2) Review of Impact Fee Assessment Level Mayor Engler thanked Councilor Baer for the reminder and noted that any changes, by ordinance, need to go back to the Planning Board as matter of procedure. City Manager Myers gave the background. The fees were adopted in 2011 at 25% of the total rate. Motion made by Councilor Lipman to leave at the current assessment level of the impact fee at 25%. Councilor Bownes asked if there were recommendation by the Planning Board or Dept and City Manager Myers said no one had mentioned anything. Councilor Bownes suggested sending to the subject to the Planning Board. Councilor Lipman feels that the economy is not healthy enough to raise the fee and is open to refer the subject back to the Planning Board. However, he feels it is an economic development issue. Councilor Bownes doesn't disagree with Council but feels the Planning Board should be involved. Councilor Lipman amended the motion to have the Planning Board give opinion on the Impact Fee rate and report back to City Council. Seconded by Councilor Hamel along with the policy and goals; the motion passed with all in favor. (3) Preliminary Carryforwards Finance Director Woodaman reviewed the carry forwards with the Council. The information is just a discussion to be voted on at the next meeting. (4) Department Transfers City Manager Myers handed out a page change for two items added. Councilor Hamel asked if any money would be returned to the City at the end of the year and City Manager Myers stated might be only a couple thousand dollars. The Mayor noted the question is what account should the LaconiaFest money be taken from so not to be taken from the taxpayers. • Randall Settlement: This request is to cover the expense incurred for the Randall Settlement – 192 Elm St. From: 01-433-125-0000 Workers Compensation $61,500 To: 01-402-225-0002 123 Elm St Settlement $61,500 • Code Pal Software: This software was purchased to be used by all City Departments to provide an application for better tracking of inspections and project status throughout the City. From: 01-407-304-0000 Code- Outside Contracts $ 9,635 To: 01-499-431-0007 Code Pal Software $ 9,635 • To cover the cost of the Novus Agenda Software that was purchased for use by the City Council and all City Boards to provide consistency across all meetings. From: 01-431-343-0000 Contingency $5,700 To: 01-432-303-0005 Information Technology – Software $5,700 • This request is to cover the emergency repair for the Parking Garage. From: 01-431-343-0000 Contingency $16,560.05 To: 01-497-500-0048 Parking Garage Deck Repairs $16,560.05 • This request is to cover the shortfall in various Departmental Budgets during Fiscal Year 2016: From: 01-411-101-0000 Assessing Salaries $6,000 To: 01-401-01-0002 City Manager Salary $6,000 From: 01-433-125-0000 Workers Compensation $12,000 To: 01-429-130-0000 Health Insurance $12,000 From: 01-407-304-0000 Code Outside Contracts $14,000 To: 01-Police Station Maintenance Budget $14,000 • Fire Station Unsuitable Costs: There were several unanticipated Hazardous Material Costs associated with the Fire Station Renovation project. From: 01-497-402-0001 Environmental Exp $15,000 01-499-402-0006 Environmental Exp $16,751 To: 59-301-001-0004 Fire Station Renovation Revenue $31,751 • Fire Station Renovation and Addition: The actual cost of the project exceeded the amount originally budgeted. From: 51-301-001-0003 Impact Fees – Fire $15,034.13 To: 59-301-001-0004 Fire Station Renovation Revenues $15,034.13 • There is an energy rebate pending, the exact amount has not been finalized, therefore the amount to be transferred from Contingency is Not to Exceed - $28,433.42  From: 01-431-343-0000 Contingency $28,433.29 To: Fire Station Renovation Revenues $28,433.29 • This request is to fund cost associated with the LaconiaFest Special Event From: 87-448-401-9999 Motorcycle Week Special Revenue $63,130.93 To: LaconiaFest Special Event Costs $63,130.93 • Fire Budget Overtime: This request is to cover expenses incurred for Fire Overtime for Fiscal Year 16 From: 01-431-343-0000 Contingency $52,000 To: 01-Fire Overtime Salaries $52,000 Motion made by Councilor Bolduc to approved the transfer funds as presented and seconded by Councillor Baer. Councilor Hamel stated he would like to see the expenses that get recouped be put back into the Motorcycle Week fund. The motion passed with all in favor. (5) Transfer request from the Accrued Leave Stabilization Account Motion to transfer funds of $60,000 from 82-301-010-0000, the Accrued Leave Stabilization Account to account 01-437-999-9999, the Police Transfer In, as presented made by Councilor Bolduc and seconded by Councilor Bownes; the motion passed with all in favor. Mayor Engler called attention to the minutes of last meeting: Page 12 at the bottom. There was a motion made by Councilor Doyle to utilize 85 % of the annual Weirs TIF funding for the relocation of the underground utilities from Endicott Street to power Tower Street for the first three years in an amount up to 80% for the remainder, not to exceed 1,150,000. The motion was seconded by Councilor Bownes and passed with all in favor. Councilor Baer will be making a motion to reconsider that vote as a housekeeping matter. The wording "up to" she doesn't agree with. Motion to reconsider the vote of made by Councilor Baer, seconded by Councilor Hamel. Councilor Doyles said Should have said 80% not "up to 80%". Councilor Doyle stated is wasn't 80% of the available funds, it is not to exceed the note of the loan payment. If left at 80%, it will be tied up whether the loan obligation has been paid or not. The new motion is correct. All voted in favor. Motion made by Councilor Doyle to expend up to $1,150,000 for the relocation of the underground utilities for the Lakeside Ave project from Endicott Street to Tower Street and to expense it by utilizing 85% of the annual Weirs TIF funding for the first three years, then by utilizing 80% of the annual Weirs TIF funding in the remaining years toward the principle and at no time shall the payment be greater  than either of the percentages listed above or the current annual principle plus any outstanding balance on the project and carried on the books of the city's general funds. Seconded by Councilor Baer. City Manager Myers stated that the original motion should be withdrawn. Councilor Doyle and Bownes agreed. The vote passed. (6) Request for reconsideration of the Council action taken on June 13, 2016 regarding the Weirs TIF Mayor Engler called attention to the minutes of last meeting: Page 12 at the bottom. There was a motion made by Councilor Doyle to utilize 85 % of the annual Weirs TIF funding for the relocation of the underground utilities from Endicott Street to power Tower Street for the first three years in an amount up to 80% for the remainder, not to exceed 1,150,000. The motion was seconded by Councilor Bownes and passed with all in favor. Councilor Baer will be making a motion to reconsider that vote as a housekeeping matter. The wording "up to" she doesn't agree with. Motion to reconsider the vote of made by Councilor Baer and seconded by Councilor Hamel; the motion passed with all in favor. Councilor Doyles said she should have said 80% not "up to 80%". Councilor Doyle stated is wasn't 80% of the available funds, it is not to exceed the note of the loan payment. If left at 80%, it will be tied up whether the loan obligation has been paid or not. The new proposal would be correct. Motion to expend up to $1,150,000 for the relocation of the underground utilities for the Lakeside Ave project from Endicott Street to Tower Street and to expense it by utilizing 85% of the annual Weirs TIF funding for the first three years, then by utilizing 80% of the annual Weirs TIF funding in the remaining years toward the principle and at no time shall the payment be greater than either of the percentages listed above or the current annual principle plus any outstanding balance on the project and carried on the books of the City's general funds made by Councilor Doyle and seconded by Councilor Baer; the motion passed with all in favor. City Manager Myers stated that the original motion should be withdrawn. Councilor Doyle withdrew and Councilor Bownes seconded. The motion from June 20, 2016 was withdrawn. UNFINISHED BUSINESS (1) Proposed parking structure in the surface area currently occupied as a municipal parking lot and the proposal for paid on-street parking in Downtown Councilor Bownes explained his proposal to authorize the expenditure up to $6 million dollars for the purpose to build a three story parking garage in the current municipal parking lot. He would have it conditioned on Council presenting the proposal to BCEDC for approval then, sell the lot to BCEDC for a nominal amount and have the BCEDC lease the lot back to the City for $200,000 a year, for the purposes of new-market tax credits. He went through the history as to why it is important to be done now. Total expenditure of the garage repairs were about $100,000. In the start of the parking garage hearings, people wanted to keep the garage, so options to do so proceeded. The costs went up and became apparent that putting anymore money into the garage was a mistake. He handed out two diagrams for options of available parking. The question is: do we need the parking to make the downtown area alive again? Councilor Bownes doesn't feel the city is in a place to pay for the garage anymore. Councilor Hamel would like City Manger Myers opinion on the proposal. City Manager Myers identified the options that Councilor Bownes asked for. Councilor Baer asked how much per year would the debt cost. City Manager Myers passed out a numbers run. Mayor Engler asked if the numbers included the Colonial and was told no. Mayor Engler does not like the idea of putting so much debt in the City's future. City Manager Myers' opinion on the garage is that all the details are needed to make a decision. There is a lot of unknown factors and future possible problems. He agrees that the garage is not worth putting more money in but the garage does need to stay operational until something else is determined. Motion made by Councilor Hamel to extend the meeting unitl 10:30 pm; seconded by Councilor Baer. All vote in favor. Councilor Hamel agrees with some of Councilor Bownes' proposal and asked what happens to the old garage if a new one is built. The riverfront property is valuable and the city needs to decide what is going to be done before spending money on constructing a new garage. The fate of the Colonial is unknown now. He fears the same issues will occur as the existing garage in the future. The fact is that people don't want to walk. They would rather park right next to where they need to be. Councilor Hamel doesn't feel this is the time to do this. Councilor Lipman doesn't feel its an "either/or" decision. All the pieces need to be put together and other components of the garage should be looked at. A comprehensive plan should be put together first and that should be started. Councilor Baer is in favor of the plan with the caveat of a finished plan. Mayor Engler said if the full faith of Council was behind the project, the BCEDC would back them. The project needs to be well defined. Councilor Lipman said the last time a project was rushed through was the middle school and the push was felt for many years later. Mayor Engler pointed out there was an immediate need but he would disagree and reminded of Moriarty's research that no additional parking is needed. For all the talk about tearing down the parking garage, the City doesn't own the garage and it can't be torn down due to that fact. The big picture needs to be studied and the long term future, before spending millions of dollars. Councilor Hamel asked Councilor Bownes to hold off on the motion and it was agreed.  The discussion was continued to Unfinished Business. NOMINATIONS, APPOINTMENTS & ELECTIONS COUNCIL COMMENTS NON-PUBLIC SESSION According to RSA 91-A:3, II (a) The dismissal, promotion or compensation of any public employee, or the investigation of any charges against him, unless the employee affected (1) has a right to a meeting and (2) requests that the meeting be open, in which case the request shall be granted. (b) The hiring of any person as a public employee. (c) Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the body or agency itself, unless such person requests an open meeting. (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. (e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the body or agency or any subdivision thereof, or against any member thereof because of his membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled. (i) Consideration of matters relating to the preparation for and the carrying out of emergency functions including training to carry out such functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or severe damage to property or widespread injury or loss of life. FUTURE AGENDA ITEMS (1) Ordinance amendment relative to Chapter 167, Noise and Chapter 161, Licensing as it pertains to outdoor sound equipment and loudspeakers (tabled at the meeting of 9/28/15) (2) Second reading of a resolution relative to the adoption of RSA 31:95-b, Appropriation of funds made available during the year (tabled at the meeting of 11/23/15 pending the outcome of legal matters) (3) Master Plan (4) Milfoil Treatment Funding Request (5) Sewer & Water Master Plan (6) Single Stream Recycling/Concord Co-op/Solid Waste Disposal Cost Reduction (7) Strategic Planning/Goal Setting (8) WOW Trail ADJOURNMENT Motion to adjourn at 10:29 p.m. made by Councilor Baer, seconded by Councilor Bolduc; the motion passed with all in favor. The minutes of this meeting were accepted by the Council at there meeting of July 11, 2016.