City Council

CITY OF LACONIA - CITY COUNCIL Monday, September 12, 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 Ava Doyle lead the salute to the flag RECORDING SECRETARY Deputy Clerk, Stacy Anders ROLL CALL Deputy City Clerk Anders called the roll with the following Councilors in attendance: Ava Doyle, David Bownes, Henry Lipman, Brenda Baer, Robert Hamel, Armand Bolduc STAFF IN ATTENDANCE City Manager Scott Myers COUNCIL PROCLAMATION ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS (1) Regular minutes of August 22, 2016 Minutes of the meeting were distributed to the Council on August 23, 2016. One correction was received and they were re-distributed on August 24, 2016. If there are no further corrections to the minutes they are accepted as distributed. CONSENT AND ACTION CALENDAR (1) Temporary Traffic Order 2016-12, NH Pumpkin Festival Scott explained changes to traffic order from last year Motion to approve Temporary Traffic Order 2016-12 for the 2016 NH Pumpkin Festival made by Councilor Baer 2nd by Councilor Doyle; motion passed with all in favor (2) Temporary Traffic Order 2016-13, Laconia High School Homecoming Parade move to approve Temporary Traffic Order 2016-13, Laconia High School Homecoming Parade Motion accepted by Councilor Baer and 2nd by Councilor Bolduc; Motion passed with all in favor (3) Fundraising Request from Weirs Community Park Association Facility Use Request has been approved by the Parks and Recreation  Commission. This is a repeat event with changes from last year's request. Motion to approve as submitted by Councilor Bolduc , 2nd by Councilor Doyle . Motion passed with all in favor CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA INTERVIEWS (1) Michael DellaVecchia - seeking appointment to a regular position on the Planning Board to fill the vacant position previously held by Donald Richards - term to expire at the end of June, 2019 (1 vacant regular position available) Michael DellaVecchia stated he lives on Little Island, works for a local hospital in the emergency room. He is not a business man so he is not biased towards doing favors for other people and wants to do his best for the City of Laconia. Councilor Baer - would like to see DellaVecchia stay as an alternate and for someone else step up to keep the planning board more diversified. Thinks more of the city should be represented. Councilor Bownes - Says Mr. DellaVecchia is a hard worker and suggests he be voted in. Councilor Bolduc - Would like to see Mr. DellaVecchia voted in. The position has been out there for people to come forward and it is difficult to get people to step forward. Councilor Hamel - Asked what ward Mr. DellaVecchia voted in. He answered ward 6. What is your feeling on the Planning board and Council getting together regarding the rezoning of the Weirs. Mr. DellaVecchia states the two need to gel. Councilor Doyle - Agrees with Councilor Bownes and applauds all the people that volunteer and recognizes how hard it is to get people to step up and volunteer. Councilor Lipman - What is Mr. DellaVecchia's positioning on the rezoning in the Weirs. He responded he is more for recreational use. He stated he is pro business but not a business man. Mayor Engler - Stated interview portion takes place at one meeting and vote takes place the following meeting. He invited Mr. DellaVecchia to join the next council meeting when the vote will take place regarding his application. (2) Linda Phelps - seeking appointment to an alternate position on the Library Board of Trustees for a three-year term expiring at the end of March, 2019 (two alternate positions available) Linda Phelps, who is seeking appointment to an alternate position on the Library Board of Trustess was not present. Nothing was further discussed. COMMUNICATIONS (1) Letter from residents of the Fiske and Haven Avenue area regarding proposed "No Parking" Kaleen Garrity - Letter from on behalp of the Belknap House Board of Directors. Mayor Engler read the letter. Letter from residents of the Centenary and Haven Avenue area regarding proposed "No Parking" PUBLIC HEARING PRESENTATIONS (1) Department of Public Works presentation re: Main St. Bridge Project Mayor recognizes Bob Durfee, Project Manager for the Main St Bridge Project - American Council of Engineering Companies selected the Main Street Project for Excellence in Engineering and overall project award winner (state wide) for all projects that were contructed in 2015 in the State of NH. Poster presented to the city. (2) Department of Public Works update - Wes Anderson, DPW Director Department of Public Works update - Wes Anderson, DPW Director Informed the council on the departments plan on equipment purchases for the upcoming fiscal year. Developing a fleet of combination trucks that can plow and salt, either by upgrade or replacements. MAYOR'S REPORT Thank you to Councilor Bolduc for filling in for me last meeting. Multicultural Day was held 9/10/16 - hope all were able to attend - thank you to all the volunteers that made this event possible. Reminder tomorrow is primary election day 9/13/16, polls are open 7am - 7pm. 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 (c) Conversion of street lights to LED (2) PUBLIC SAFETY (a) Fair St/Court St traffic problems and accidents 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 two public streets: Centenary Avenue and Haven Avenue (4) LANDS and BUILDINGS (a) Downtown parking garage (b) Repair & maintenance of City Buildings LIASON REPORT CITIZEN REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Ben Gamache, 20 Paugus Park Road, change of residential to commercial on big island - opposed to this, negativity it brings to that area is tremendous. Would bring hardship to the residents. Too many unknowns for the future. Joshua Yousseff, 42 Gilford Ave, opposes the commercial use of Big Island. Erosion impact, boat impact. Carolyn Malahan - Paugus Park Road, our home, it is quiet, would like to maintain the peacefullness Attorney Patrick Wood - Would like to remind everyone that there will be a public hearing with the Planning Board. Does not want the public to think they are not or will not be heard. Paul Yousseff - Paugus Park Road - bought my camp 14-15 years ago with the understanding that Big Island is residential are and it would be unfeasable to change it to commercial. Mark Mallahan - 42 Paugus Park Road - request this not to go before the planning board. Taxes would be zoned for commercial tax rate. Bob Proctor- 56 Paugus Park Road - Island is very small and does not see what use it would be to change to commercial. Travis Yousseff - Paugus Park Rd - purchased this property for many reasons, privacy, serene, quietness. Commercial zone will change all of this with noise, devaluation of properties, lights. Charlie St. Clair - Lakeside Avenue - please consider using concrete on the sidewalks due to its durability. Parking meters vs. kiosk: kiosk may look prettier, meters are much user friendly. MANAGER'S REPORT (1) Financial and Operational Trends Report City Manager Myers reviewed the report NEW BUSINESS (1) Request to designate a portion of Moulton Street as "No Parking" Move to approve that the "No Parking" zone be extended on both sides of Moulton Avenue to the entrance of the Opechee Inn and Conference Center, between points A and B as shown on the map included with the agenda packet, motion to accept by Councilor Doyle, 2nd by Councilor Bolduc; motion passed with all in favor (2) Approval of Subordination of Mortgage Agreement between the City of Laconia, TD Bank and Tavern Inn Housing Limited Partnership Dick Weaver - currently 3 mortgages on the property - all 3 would be paid off with this refinancing. move to approve the Subordination of Mortgage Agreement between the City of Laconia, TD Bank, N.A. and Tavern Inn Housing Limited Partnership, and to authorize the City Manager to sign the document on behalf of the City. Motion to accept by Councilor Lipman, 2nd by Councilor Hamel; motion passed with all in favor (3) Memorandum of Understanding between the Laconia Board of Public Library Trustees and the City of Laconia move to approve the Memorandum of Understanding between the Laconia Board of Public Library Trustees and the City of Laconia and to authorize the City Manager to sign the document on behalf of the City. motion to accept by Councilor Bownes 2nd by Councilor Lipman; motion passed with all in favor (4) Petition for a proposed Ordinance amendment to Chapter 235, Zoning, relative to Article XIV, Amendments Attorney Pat Woods - represent the owner of Big Island - does the council want me to make a presentation tonight? We would like the opportunity to present to the planning board about rezoning this property which would provide ample opportunity for public discussion. Concept here is to provide some flexibility to this property who has spent a substantial amount of his own income bringing water, electricity, and cable to this island. Councilor Lipman suggests to go back to his client and make them aware of the residents feelings and see if his client would still like to move forward. Attorney Woods states his client believes very strongly in what he proposes to do and feels it would benefit everyone including the city. Understands there is a lot of uncertainity and unknowns. We would like the opportunity to present to the Planning Board. Will do his best to reach out to the residents and have numerous meetings if that's what it takes. Councilor Lipman - refers this situation like the Weirs issue. Has sensitivity to the residents and how it will disrupt them Councilor Bownes - Asks why the request for the variance was pulled? Attorney Woods states he was not representing Big Island at that time so he can't answer that. The request for the Variance was filed in July of 2014 and it was withdrawn August 18, 2014. Counclior Bownes would like more of the history and how we got where we are today. In 2014 residents were notified as abutters and were opposed then so Big Island withdrew the request for that reason. Councilor Baer - I would not refer this to the planning board. Councilor Doyle - If it is zoned Commericial you can't spot zone. Even if Big Island has intention for only a girls camp, the next owner may not. It is the unknown of the future Councilor Lipman makes a motion to deny the request to the planning board, 2nd by Councilor Hamel; motion passes with 5 in favor, 0 in the negative, 1 abstain (Councilor Bownes) Councilor Bownes makes a motion to table Councilor Lipmans Motion- motion dies (5) Request for City Council approval of sale of property on Lily Pond Road from the Laconia Airport Authority to Fay's Boat Yard  move to approve the sale of a 2.96 parcel of land on Lily Pond Road to Fay's Boat Yard for the recently appraised value of $123,000, and authorize Mayor Edward Engler to sign all necessary documents on behalf of the City in his capacity as Mayor, and as the Chair of the Laconia Airport Authority. motion to accept by Councilor Bolduc, 2nd by Councilor Baer; motion passed with all in favor (6) Introduction of Ordinance 03.2016.03 relative to amending Chapter 40, Heritage Commission, to provide for staggered terms of members and request to schedule a public hearing during the September 26, 2016 City Council meeting move to accept ordinance 03.2016.03 relative to amending Chapter 40, Heritage Commission, to provide for staggered terms of members and to schedule a public hearing during the September 26, 2016 City Council meeting motion to accept by Councilor Bownes, 2nd by Councilor Doyle; motion passed with all in favor (7) Request to move the polling location for Ward 1 from the Belknap County Complex to the Beane Conference Center effective September 14, 2016 move to relocate the Ward 1 polling location from the Belknap County Complex to the Beane Conference Center effective September 14, 2016; motion to accept by Councilor Doyle, 2nd by Councilor Baer; motion passed with all in favor (8) Request for approval of a Purchase and Sale Agreement with CVS in relation to the “Busy Corner” property located at 153 Church Street, Tax Map 426-44-6, upon satisfactory completion of a title search; request to authorize the City Manager to sign all necessary documents in connection with the purchase of the property; first reading of Resolution 2016-23 relative to authorizing the City Manager to accept and expend the donation of up to $20,000 from CVS to the City for the design and installation of landscaping on the parcel, and to schedule a public hearing on September 26, 2016 during the regular Council meeting. move to approve the Purchase and Sale Agreement with CVS in relation to the “Busy Corner” property located at 153 Church Street, Tax Map 426-44-6, upon satisfactory completion of a title search, and authorize the City Manager to sign all necessary documents in connection with the purchase of the property; motion to accept by Councilor Baer, 2nd by Councilor Bolduc; motion passed with all in favor move to waive a reading of Resolution 2016-23 in its entirety and to read by title only; motion to accept by Councilor Hamel, 2nd by Councilor Doyle; motion passed with all in favor move a first reading of Resolution 2016-23 relative to authorizing the City Manager to accept and expend the donation of up to $20,000 from CVS to the City for the design and installation of landscaping on the parcel, and to schedule a public hearing on September 26, 2016 during the regular Council meeting; motion to accept by Councilor Bownes, 2nd by Councilor Bolduc; motion passed with all in favor UNFINISHED BUSINESS (1) Weirs TIF District Advisory Board recommendations for additional items to the Lakeside Avenue reconstruction project Kevin Dunleavy - summary was handed out to council - items listed are based on actual measurements. Councilor Lipman would like the entire package before taking a vote. Leave on agenda for next meeting 9/26/2016 NOMINATIONS, APPOINTMENTS & ELECTIONS COUNCIL COMMENTS Councilor Bear would like to see the minutes where the council voted on a contest for a new city flag. - There is a meeting regarding the new city flag on Thursday 9/15/16. 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 made by Councilor Bolduc at 9:43 pm, 2nd by Councilor Baer; motion passed with all in favor