City Council

CITY OF LACONIA - CITY COUNCIL Monday, November 14, 2016 - 7:00 PM City Hall - Conference Room 200A CALL TO ORDER Mayor Engler called the meeting to order at 7:02 p.m. . SALUTE TO THE FLAG 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, David Bownes, Henry Lipman, Brenda Baer, Robert Hamel and Armand Bolduc. Mayor Engler noted that all six (6) Councilors are in attendance and a quorum has been established. STAFF IN ATTENDANCE City Manager Scott Myers, Finance Director Donna Woodaman COUNCIL PROCLAMATION ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS (1) Regular and Special Meeting minutes of October 24, 2016 Minutes of the regular and special meeting were distributed to the Council on November 7, 2016. One spelling correction was received. With no further corrections the minutes were accepted as distributed. (2) Minutes of two (2) non-public sessions held on October 24, 2016 The non-public minutes were distributed by Councilor Doyle. Both have been sealed for two (2) years. With no corrections being made the minutes were accepted as distributed. CONSENT AND ACTION CALENDAR (1) Temporary Traffic Order 2016-14, Holiday Parade Motion to to approve Temporary Traffic Order 2016-14, Holiday Parade, as presented made by Councilor Hamel and seconded by Councilor Bolduc; the motion passed with all in favor. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Warren Hutchins, 31 Boathouse Road, addressed the Council and noted that he is the Chair of the Planning Board. W. Hutchins made comments regarding the zoning recommendation sent from the Council to the Planning Board including encouraging the Council to watch the Planning Board meetings on-line. The timeline of the proposal was reviewed, including the number of people attending and making comments totaling 29 people attending to speak which is an indication that this item is very crucial. The take away from the comments by the Planning Board was that the proposed zoning change was not in the best interest of the City and the vote to not move the approval to the Council was 8-0. W. Hutchins thanked Councilor Baer for attending a Planning Board meeting in the absence of Councilor Bownes because it was a very interactive meeting and beneficial. Councilor Bownes commented that the proposal sent over was to engage a conversation between the Planning Board, Council and the community to encourage economic development within the City. The opportunity that needs to be embraced is not a yes or no, but what other ways can be explored rather than it being rejected out of hand without engaging in a discussion does not allow for any forward motion. Councilor Bownes encouraged all parties to have an open mind because improving the economic climate is important. Michael Foote, 222 Rollercoaster Road, addressed the Council regarding the ethical need to not have any resolutions brought forward without a fully vetted discussion and public comments. Jon Moriarty addressed the Council regarding the Laconia Main Street Initiative announcement of the Grand Marshals for this years Holiday Parade. Max and Olivia Gagnon have been chosen and they are an example of how much they care about a community that values the residents and the want to move forward. J. Moriarty encouraged everyone to think about the good things we all do. INTERVIEWS (1) Frank Tilton - Seeking appointment to a position on the Trustee of the Trust Funds for a three-year term expiring at the end of March, 2019 (1 position available) This interview was not conducted this evening. COMMUNICATIONS PUBLIC HEARING (1) Public hearing on Resolution 2016-29 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 Program. This grant requires a twenty percent (20%) municipal In- Kind match of $2,025.00 to consist of cost of installation and training for members of the Police Department. Notice of this public hearing was made in the Wednesday, October 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 copy of the full resolution may be found under Unfinished Business. Mayor Engler opened the public hearing at 7:18 p.m. With no members of the public wishing to speak the hearing was closed at 7:19 p.m. PRESENTATIONS MAYOR'S REPORT Mayor Engler noted that Election Day produced a near record count in the City and he was a worker in Ward 3 for the day, including the counting process. Mayor Engler was impressed with the outpouring of help from the residents to make the process very smooth. There was a record turn out of same day registrations and a big "thank you" was given to all of the Election Officials in the City. Mayor Engler thanked the American Legion for hosting the Veteran's Day Ceremony, as well as hosting the luncheon celebration afterward. The veterans in the community were thanked for their service. 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 (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 Councilor Doyle reported that at the meeting this evening the committee chose to take no action and recommend it be removed from the agenda. Motion to remove this item from the agenda by Councilor Doyle and seconded by Councilor Bownes; the motion failed 2-4 (For: Doyle, Bownes; Against: Lipman, Baer, Hamel and Bolduc) (c) Procedural review of grant applications (4) LANDS and BUILDINGS (a) Downtown parking garage (b) Repair & maintenance of City Buildings LIASON REPORT Councilor Bownes reported that the Flag Committee will have a formal recommendation at the next meeting. CITIZEN REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Lisa Morin, 42 Valley Street, addressed the Council regarding the potential suspension of funding for the Master Plan. L. Morin expressed her concern because she has been very involved in the process and is looking forward to the remaining sections being completed, although her area of interest is the natural resources. Without having all chapters completed no one chapter would be valuable. Michael Foote, 222 Rollercoaster Road, addressed the Council again. M. Foote advised that the RSA 674 requires a Master Plan be done every seven (7) to ten (10) years and although he understands that funding is not required, he doesn't understand why there would not be a desire to have all of the most useful resources at there fingertips. When talking about the various chapters there are resources to better the community, they all work together and the economic development of the City relies on the Master Plan being done thoroughly to move forward. Hamilton McLean, 19 Lantern Circle, addressed the Council as a member of the Planning Board. H. McLean came before the Council about a month ago regarding an apartment safety concern and it was asked by Councilor Baer why the Planning Board wasn't being proactive with the concerns; the Planning Board does not handle these items. H. McLean further addressed the request for a resolution to remove the funding for the Master Plan because the proposal for the zoning change was turned down. H. McLean stated that he expects more from the Council. H. McLean further requested that the Council make the enforcement of the City building maintenance a priority so the City will be more appealing for economic development. Fred Clausen, a resident and small business owner, stated that he has been involved in the Master Plan process and feels that the halt or delay to the process would be a poor choice. Warren Hutchins addressed the Council as a Planning Board member, not the Chair. W. Hutchins stated that when he saw the resolution being proposed this evening he was taken aback. As was stated by Councilor Bownes, this is a process of working together and the proposal is an insult to the City. It was further conveyed that the Master Plan is required to make major zoning changes and if they do so before approving a Master Plan it would open the City up to major litigation. W. Hutchins recommended that the Council discontinue the hostile environment. MANAGER'S REPORT (1) Financial and Operational Trends Report City Manager Myers reviewed the report. (2) Monthly Economic Development Update City Manager Myers reviewed the report. (3) Other Items City Manager Myers reviewed the upcoming budget with the Council and explained that the City Departments are working on requests that will be due to the Finance Director by December 1. Additionally, the collective bargaining agreements for the three (3) City unions will expire at the end of June and one (1) group has come forward to begin. NEW BUSINESS (1) First Reading on Resolution #2016-30 authorizing the City Manager to accept and expend grants on behalf of the City in the amount of $7,500 for the NH Department of Safety Homeland Security Hazard Mitigation Grant (CFDA #97.039) and a request to schedule a public hearing on November 28, 2016 during the regular City Council Meeting The City will contract with the Lakes Region Planning Commission to hold multiple meetings with community stakeholders and key City departments and develop our hazard mitigation plan. The plan will identify key critical facilities, areas of risk, hazards faced by the City, and strategies to mitigate these risks. The contractor will format the plan and submit the document to NH Homeland Security and FEMA for final approval. The total grant is for $10,000. The grant share (federal share) is for $7,500.00. Our share is $2,500.00, which is for in-kind services. The current plan expires on September 19, 2017. Motion to waive a reading of this resolution in its entirety and to read by title only made by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. Motion of a First Reading on Resolution #2016-30 authorizing the City Manager to accept and expend grants on behalf of the City in the amount of $7,500 for the NH Department of Safety Homeland Security Hazard Mitigation Grant (CFDA #97.039) and to schedule a public hearing on November 28, 2016 during the regular City Council Meeting made by Councilor Baer and seconded by Councilor Bolduc; the motion passed with all in favor. (2) Introduction of Ordinance #04.2016.04 amending Chapter 59, Parks & Recreation Commission as it pertains to Powers and Duties to approve requests for fundraising and a request to schedule a public hearing on November 28, 2016 during the regular City Council Meeting The City Council has accepted the policy change at there meeting on October 24, 2016. This ordinance will formalize the policy. With the amount of money the Parks & Recreation Commission would be permitted to approve changing the recommendation is to schedule a public hearing on the amendment.  Motion to accept the Ordinance # 04.2016.04 amending Chapter 59, Parks & Recreation Commission and to schedule a public hearing on November 28, 2016 during the regular City Council Meeting made by Councilor Baer and seconded by Councilor Bolduc; the motion passed with all in favor. (3) 2016 2nd Half Sewer Warrant Motion to approve the second half sewer warrant in the amount of $123,848 as presented made by Councilor Baer and seconded by Councilor Bolduc; the motion passed with all in favor. (4) Resolution #2016-31 expressing concern about the development of the City's new Master Plan Mayor Enger read the proposed resolution for the benefit of the audience. Councilor Lipman explained that this resolution was written to send the message that the Council and Planning Board need to get in sync. Councilor Lipman is very unhappy with the process over the last several years and feels that the statement needs to be made. Councilor Doyle stated that she feels the way the Council has been spoken to this evening is a reflection of the way the Council has treated some of the Boards within the City. The Council has sent something to the Planning Board and they did not agree therefore it was not carried forward which is sending a message that if they don't agree with the Council they are going to provide consequences. Furthermore, Councilor Doyle stated that some Councilors insulting the Planning Board members is not appropriate and there is a time for public comments and they are being chastised for doing so. Councilor Doyle further encouraged the Council to reconsider this request because it is only going to make the matter worse. Councilor Lipman countered that the larger point is not just about the zoning request, its about the Master Plan and the objection of the Planning Board to sit down and have a conversation with the Council. Councilor Baer read the following prepared statement: "The City Council is elected by the people of Laconia to do the business of the City and to appoint people to boards and commissions that will carry out the council’s policies and ideas. For some reason, the present Planning Board has taken to criticizing in public the City Council and its Mayor for presenting their ideas to the board or expecting the board to act more diligently or more economically on certain matters. The Council has held Goal Setting Meetings and included all Department heads in the City as well as the Mayor and City Manager throughout the years. The result of these have been the basis for laying out what we would like to see in our future and so be incorporated in the Master Plan. The latest goal setting meeting was in February 2016, and included in its conclusions was rezoning and development of the Weirs and other areas. Also, the EPA report of ten years ago called for rezoning of Weirs. Ten years and nothing. At a recent meeting of the Planning Board, an amendment was made to a Motion and seconded, but the Chairman referred it to the New Business item on the Agenda saying that was the place for it. According to the Roberts Rules of Order, the proper way to change a Motion already before a Board, is to amend it. There is a disparity of representation on the Planning Board with more members representing the Weirs than any other part of the City. My last point is, that we as a Council must share some of the blame. We have been too lax in appointing people to boards in that we usually appoint whoever applies as there is generally only one person applying. We must do our homework and also consider the wards they come from." Councilor Bownes stated that he respects every member of the Council working to do what they feel is in the best interest of the City, even when there is disagreement, because they are all able to work together to move the City forward. As the Council liaison to the Planning Board he doesn't feel that he has ever heard the Planning Board reject to conversations with the Council. As far as Councilor Bownes is concerned there are too many people behaving badly in the Council Chambers and a solution should be looked at to further because the solution being made by the Council is not acceptable. It was encouraged to improve behavior to find a way to make it work rather than finding a way to express frustration. Councilor Hamel stated that he agrees that the Planning Board works hard for the residents and they do a good job but the Council has been trying to work with the Planning Board for many years; the Master Plan was very late the last time around and it was so late it wasn't worthwhile by the time it was finished. The proposal made by Mayor Engler was a hand extension to have the Planning Board look at this so the future of the City is in site and the hope was to just initiate the conversation without the expectation that anything would be approved as is. As far as the funding, the Council is not in a position to spend $20,000 when they have not seen any positive and transparent communications from the Planning Board. Councilor Hamel added that he is going to approve this resolution to ensure that it is done correctly. Councilor Bolduc commented that the Council and Planninig Board needs to work together and the discussions need to happen. The Council has been able to work with many Boards and Commissions over the years and he is surprised it is going this way. Councilor Lipman stated that he feels this is the only tool the Council has left and the message has not been heard. Councilor Bownes stated that he doesn't feel the Planning Board has said they are not willing to engage in a dialogue and that he has been attending the Planning Board meetings and he has not seen the discontent coming from the Planning Board to the Council. Mayor Engler commented that since Councilor Bownes has been the liaison to the  Planning Board it has been conveyed that the Council is not happy about the Planning Board to which Councilor Bownes was aware of the problems that have been ongoing. Mayor Engler further commented that when the proposal was brought to the Council in August there was a discussion at which time there was a Council policy adopted and it was forwarded to the Planning Board. At that time there was no intention to have a hard and fast proposal but this was a start with the suggestion being made several times that a joint meeting be held between the Planning Board and the City Council as the next step. Shortly after there was a conversation with the City Manager it was discussed and decided that a small joint committee should be formed to discuss the proposal with three (3) members of the boards present to try and reach and agreement. City Manager Myers called the Chairman of the Planning Board and the report back was that the Chairman of the Planning Board rejected the request. Councilor Bownes noted that this was the view of one Planning Board member and not the entire Board and therefore one person does not make this decision however this was not discussed at the Board level. Discussion followed regarding the process to this point as well as the items that the Planning Board has addressed over the last several years. Mayor Engler explained the connection of the Commercial Resort Zone to the proposed resolution. When watching the video or listening to the meeting the Planning Board members were continually commenting on the Master Plan, including how wonderful it was going be, and the perception is that the Planning Board, or any other interested Board or Commission, has not been briefed on the task of the Lakes Region Planning Commission involvement. The point of this resolution has been to hault the process until all of the parties are informed. Motion to table until December 12, 2016 made by Councilor Bownes and seconded by Councilor Doyle; the motion failed on a 3-3 vote with the Mayor breaking the tie on a no vote (For: Doyle, Bownes, Bolduc; Against: Lipman, Baer, Hamel) Councilor Hamel commented that he does not feel there is a line being drawn in the sand and the funding is being asked for when no one knows what is going to be done and reiterated that the funding can be restored as soon as the process is known. Councilor Bownes moved the question. The motion passed with a 3-3 vote and the Mayor breaking the tie (For: Lipman, Baer, Hamel; Against: Doyle, Bownes, Bolduc) (5) City Manager contract extension discussion Section 2 of the City Manager's Employment Agreement provides that it be extended at the end of each contract year so that there is always a full year's contract in place in the event the Manager or Council decide not to renew. At this time the Council should consider extending the City Manager's Agreement until June 30, 2018.  Motion to extend the contract of City Manager Scott Myers, as outlined in Section 2 of his Employment Agreement, until June 30, 2018 made by Councilor Bownes and seconded by Councilor Doyle; the motion passed with all in favor. (6) HB 430 - Expansion of the Veterans' Tax Credit This bill allows the municipalities to elect to extend property tax credits to the honorably discharged veterans who were not eligible for tax credits previously. If adopted by the City, the tax credit will be the same as is in the ordinance currently ($500 per qualifying resident/taxpayer). A veteran can qualify if he/she is a resident of this state (has resided in New Hampshire for one year prior to April 1 of the year applied); and has served 90 or more days in active service in the armed services and is honorably discharged or is an officer honorably separated from service. Or the spouse or surviving spouse of such resident. Provided that Title 10 training for active duty by a member of a national guard or reserve shall be included as service Provided also that the person is not eligible for and is not receiving a credit already. Motion to refer this item to the Finance Committee made by Councilor Hamel and seconded by Councilor Bownes. Councilor Hamel requested an explanation of the fiscal impact of an additional $189,000 which City Manager Myers did. Councilor Lipman asked which tax year would be effected. City Manager Myers advised that this would have an April 1 filing deadline and take effect that tax year. Mayor Engler called the question; 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 City Manager Myers advised that the appraisal was received this afternoon and is still in "draft" form and is confidential as a draft. The first three (3) pages have been distributed to the Council with the pertinent information. Additionally, the Public Works Director Wes Anderson and Assistant Director Luke Powell have been charged with giving recommendations for the parking lot concerns, Railroad Avenue continuation and the extension of the sidewalk if necessary within the parcel, and if the WOW Trail is being extended how would it be impacted. More information will be available and the thought would be to have a non-public session before the next meeting so all of the information, including the appraisal, can be discussed. The item would not be taken off the table and retained on the agenda. A non-public session was scheduled for November 28, 2016 at 6:00 p.m. (2) Second 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 A second 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 moved by Councilor Bolduc and seconded by Councilor Hamel; the motion passed with all in favor. 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 made by Councilor Baer at 9:05 p.m. and seconded by Councilor Bolduc; the motion passed with all in favor. Respectfully Submitted: Mary A Reynolds City Clerk The minutes of this meeting were accepted by the City Council at there meeting of November 28, 2016.