City Council

CITY OF LACONIA - CITY COUNCIL Monday, October 24, 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 Robert Hamel 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 attendnace: Ava Doyle, David Bownes, Henry Lipman, Brenda Baer, Robert Hamel and Armand Bolduc Mayor Engler noted that six (6) Councilors are in attendance and a quorum established. STAFF IN ATTENDANCE City Manager Scott Myers, Finance Director Donna Woodaman COUNCIL PROCLAMATION (1) Presentation of Proclamation to Tate Aldrich, 2017 New Hampshire Teacher of the Year Mayor Engler presented the proclamation. ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS (1) Regular minutes of October 11, 2016 Minutes of the October 11, 2016 meeting were distributed to the Council on October 17, 2016. No corrections were received. With no further corrections, the minutes were accepted as distributed. CONSENT AND ACTION CALENDAR CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Charlie St. Clair addressed the Council regarding the Lakeside Avenue project, specifically the parking meters compared to the kiosks. C. St. Clair was informed that the kiosks have already been selected and he stated that he was extremely disappointed that the public of a whole was not given more opportunity to have input on the matter because he doesn't feel that those that were consulted park in there own parking lots and not the metered spaces. C. St.Clair also stated that he feels the residents would have preferred parking meters and not the kiosks. INTERVIEWS COMMUNICATIONS PUBLIC HEARING PRESENTATIONS MAYOR'S REPORT Mayor Engler discussed the Pumpkin Festival and thanked all of the volunteers that put so much time and effort into the event. Althougt the weather was not ideal the festival was a success. It was reported that Phase 2 of the WOW Trail is almost complete and a ribbon cutting is anticipated in the near future. Having walked the new portion, Mayor Engler expressed that beauty of the WOW Trail and the potential it has for the community; it has already made a positive impact on the Bartlett Beach area. Mayor Engler briefly discussed the dairy price supports, which have been in the news over the last several weeks. The viability of dairy farming has dropped and there is an effort underway to provide emergency funding through the legislature to the dairy farms in the State. The conversations have turned to imply that the housing that could be placed on the lands the dairy farms currently house is not an asset to the State and Mayor Engler feels that this is not accurate. Mayor Engler continued to express the need to bring a different demographic to the State to continue the growth of our State and it is the feeling of Mayor Engler that the City needs to encourage the growth of our community with younger families. 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 (3) GOVERNMENT OPERATIONS and ORDINANCES Councilor Doyle requested to schedule a meeting on item b to discuss or remove from the agenda. The request is for November 14, 2016 at 6:30 p.m. and there were no objections. (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 (4) LANDS and BUILDINGS (a) Downtown parking garage (b) Repair & maintenance of City Buildings LIASON REPORT CITIZEN REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS C. St. Clair addressed the Council regarding the Weirs Action Committee request to raise funds at Endicott Rock Park. An agreement has been made between the Weirs Action Committee and the Laconia Motorcycle Week Association and C. St. Clair explained that it was never the intention of the Laconia Motorcycle Week Association to go after any group in the City. The Laconia Motorcycle Week Association is having a funding issue because of the personal businesses that make a lot of money from the work the Association does and they are not contributing members of the Association. When something doesn't go well with the event everyone complains and they are not contributing; the mission of the Association is to encourage and support all aspects of the event and this is expensive. C. St. Clair also commented on the Lakeport Fire Station, for which it was reiterated that he feels the City should not be selling property just to get it back on the tax rolls. C. St. Clair stated that he was surprised to read the Laconia Daily Sun article regarding the proposal to place the property as a historical structure because there was no support for the Hathaway House when there was controversy with the property. The building was a prominent building and it should have never been torn down. C. St. Clair added that he would like the Council to look at the big picture. Erica Blizzard, Lakeport Landing Marina, spoke in opposition of placing the Lakeport Fire Station on the National Registry of Historical Places because it is a prime location for businesses and it would not be in the best interest of the City. With understanding that the building has been there for a long amount of time, E. Blizzard stated that it is a disservice ot the City. Additionally, E. Blizzard stated that she did not approach the City to purchase the property but she was approached to make a viable deal because of the loss of her current show room. E. Blizzard also feels that a show room in place of the Lakeport Fire Station would be a benefit to the City. Catherine Tokarz, Chair of the Laconia Heritage Commission, commented that the City needs to save any and all historical buildings that it can. Joe Driscoll, Kensington Drive, addressed the request for the fundraiser by Weirs Action Committee and reaffirmed the agreement reached with the Laconia Motorcycle Week Association. MANAGER'S REPORT (1) Project Updates Report City Manager Myers reviewed the report. Councilor Baer asked about the expenses that are noted for the Winnipesaukee River Basin Project. City Manager Myers reviewed the costs associated and the contributions made by each community for the program. There was discussion on having an administrator handling the facility rather than the Department of Environmental Services, which has led to looking into other treatment facilities. If this does happen, which is not an immediate action, the question has been raised as to what will happen with the assets of the program. The costs of the member communities were discussed and the flow formula amendment will be coming in the next year. Councilor Baer asked if there is any outstanding money owed to the City from the Pumpkin Festival event from last year. City Manager Myers advised that the Chamber did not pay the fees outstanding from last year but they have given a guarantee for payment for this year. First and foremost was the need to support the event for the benefit of the City and it is too soon to have an estimate of the profits. (2) Other Items City Manager Myers acknowledged the swearing int of City Clerk Reynolds as the President of the NH City and Town Clerks Association for which she has been an active officer for the last few years. She will be working with State agencies very closely and this will be a benefit to the City. NEW BUSINESS (1) First reading of Resolution #2016-29 relative to authorizing the City Manager to accept and expend grants on behalf of the City in the amount of $8,100.00 for Laconia Police Department E-Ticket Equipment and to schedule a public hearing on November 14, 2016 during the regular City Council meeting The Laconia Police Department was given application for a Highway Safety Grant for the City of Laconia in the amount of $8,100.00. The grant funds will be used for the purchase of hardware and software to integrate equipment into the Department's nine mobile data terminals. This will streamline the process of issuing a ticket to a traffic violator and decrease the number of tickets that are problematic throughout the process due to ineligibility of key data points. This grant requires a twenty percent (20%) municipal In-Kind match of $2,025.00. The In-Kind match will consist of the cost of installation and training for members of the Police Department. A copy of the entire grant agreement is on file in the City Manager's Office. Motion to waive the reading of this Resolution in its entirety and to read by title only made by Councilor Baer and seconded by Councilor Bolduc; the motion  passed with all in favor. A first reading of Resolution #2016-29 relative to authorizing the City Manager to accept and expend grants on behalf of the City in the amount of $8,100.00 for Laconia Police Department E-Ticket Equipment and to schedule a public hearing on November 14, 2016 during the regular City Council meeting moved by Councilor Bolduc and seconded by Councilor Doyle; the motion passed with all in favor. (2) Fundraising Request from the Weirs Action Committee to provide parking at Endicott Park during Laconia Motorcycle Week 2017 Motion to approve the fundraising request from the Weirs Action Committee as presented to provide parking at Endicott Park during Laconia Motorcycle Week 2017 made by Councilor Bolduc and seconded by Councilor Doyle; the motion passed 5-1 (For: Doyle, Bownes, Lipman, Hamel, Bolduc; Opposed: Baer). (3) Request for Council support to begin the process of submitting the Lakeport Fire Station property for consideration of being placed on the National Reguster of Historic Places Councilor Bolduc is bringing this agenda item forward. Attached is information provided by the NH Division of Historical Resources explaining the National Historic Register Program. Also attached is an excerpt from the National Register listings for New Hampshire showing properties in Laconia that have already been designated. Motion to support the Lakeport Fire Station being placed on the National Registry of Historica places made by Councilor Bolduc. Motion died for lack of a second. (4) Fundraising request from the Santa Fund of the Lakes Region/The Downtown Gym to use the WOW Trail for fundraising on November 27, 2016 Janine Page, owner of the Downtown Gym, reviewed the request for the Council. Motion to approve the request of The Santa Fund of the Lakes Region/The Downtown Gym to use the WOW Trail on November 27, 2016 from 9 am to noon from Water Street to the Belmont town line for a fundraiser benefiting the Santa Fund made by Councilor Baer and seconded by Councilor Bownes; the motion passed with all in favor. (5) Parks and Recreation Commission review and recommendation of new criteria for the handling of fundraising requests on City park property At the request of the City Council, the Parks and Recreation Commission has reviewed and recommended new criteria for the handling of fundraising requests on City park property. City Manager Myers reviewed the process to this point. Kevin Dunleavy Director of Recreation and Facilities, reviewed the recommendations to the Council to amend Section 59-7 of the City Code were as follows:  1. Facility Use request with fundraising on City park land that anticipate revenues of over $2,000.00 will require City Council approval. Notification of all fundraising events on City park land approved by the Parks and Recreation Commission will be formally sent to the City Council. 2. Facility Use Requests for events on City park land that require significant City resources will require City Council approval. 3. Facility Use Requests for major events on City park land that are deemed significant by the City Manager and/or the Recreation and Facilities Director will require City Council approval. 4. Facility Use Requests for events that involve the serving of alcohol on City park land will require City council approval. Kevin said that he chose to keep these items simplified after looking at various ways There was discussion on how to determine the revenues of the applicants. It was also noted that this was started because of the Muskrats lease being approved without the City Council approval but they were being asked to approve small fundraising events; the Muskrats would need Council approval in the future under the new guidelines. Councilor Bownes asked what guidelines will be used to determine "significant" and it was explained that it will be a judgment call by the City Manager or Director Dunleavy. City Manager Myers added that there will be a reporting back to the Council and concerns can be identified at that time. Motion to amend "City Council Policy - Fundraising on City Property" adopted by the City Council on February 14, 2005 to reflect the changes in the revised policy as presented made by Councilor Baer and seconded by Councilor Doyle; the motion passed with all in favor. (6) Purchase and Sale Agreement for sale of property at the Laconia Municipal Airport to the Belknap County Sportsmen's Association Mayor Engler explained that when the airport was founded the Belknap Sportsmen's Club has a small building on the end of the runway, which was not deemed an appropriate location. At that time the building was moved to its current location and a lease was established at $100 per year. The lease is expiring next year and in the years that followed the FAA has put regulations on how the airport can sell or lease property for a deal but at the current market rate. This particular piece of land is approximately 50 acres and it has been determined that they use approximately nine (9) acres. The offer to purchase was $150,000 for the nine (9) acres at which time a survey was done with a new lot line drawn. The appraisal has come in on the property for $191,000 and after meeting with the Sportsmen's Club they agreed to that price and the cost of the appraisal was paid by the Laconia Airport Authority. This has been approved by the Laconia Airport Authority and there will be a  remaining access to the 40 acres with road frontage. Motion to approve the Purchase and Sale Agreement between the City of Laconia and the Laconia Airport Authority and Belknap County Sportsmen's Charitable Fund and Belknap County Sportsmen's Association as presented, and to authorize Mayor Ed Engler to sign all necessary documents on behalf of the City made by Councilor Baer and seconded by Counclor Doyle; the motion passed with all in favor. UNFINISHED BUSINESS (1) Unsolicited offer to purchase City-owned property at 23 Elm Street and additional parcels in close proximity as it pertains to a possible vote to declare the properties as surplus Motion to remove this item from the table made by Councilor Bownes and seconded by Counclor Baer; the motion passed with all in favor. Motion to declare 23 Elm Street (MBLU 367/71/25), a vacant parcel of land currently used for parking by the City along Railroad Avenue (MBLU 367/189/24) and the portion of MBLU 367/71/26/01 as surplus made by Councilor Lipman and seconded by Councilor Baer. Councilor Lipman clarified that there needs to be some boundary clarifications as well as the appraisal being completed before this process can be completed. The motion passed with all in favor. NOMINATIONS, APPOINTMENTS & ELECTIONS (1) Linda K. Phelps, seeking appointment to an alternate position on the Library Board of Trustees for a one-year term expiring at the end of March, 2017 Motion to appoint Linda K. Phelps to an alternate position on the Library Board of Trustees for a one-year term expiring at the end of March, 2017 made by Councilor doyle and seconded by Councilor Hamel; the motion passed with all in favor. 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. Motion to enter into non-public session according to RSA 91-A:3, II (d) made by Councilor Hamel and seconded by Councilor Bolduc. City Clerk Reynolds called the roll with all Councilors replying in the affirmative therefore the Council entered into non-public session. Motion to come out of non-public session made by Councilor Bolduc 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 made by Councilor Bolduc and seconded by Councilor Lipman; the motion passed with all in favor. 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 8:55 p.m. made by Councilor Baer and seconded by Counclor Bolduc; the motion passed with all in favor. Respectfully Submitted: Mary A Reynolds, City Clerk