City Council

CITY OF LACONIA - CITY COUNCIL Tuesday, December 27, 2016 - 7:00 PM City Hall - Conference Room 200A CALL TO ORDER Mayor Pro Tem Armand Bolduc called the meeting to order at the above date and time. SALUTE TO THE FLAG Henry Lipman 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, Bob Hamel and Armand Bolduc as Mayor Pro Tem. STAFF IN ATTENDANCE City Manager Scott Myers, Finance Director Donna Woodaman, Public Works Director Wes Anderson COUNCIL PROCLAMATION ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS (1) Regular and non-public meeting minutes of December 12, 2016 The minutes of the regular City Council meeting were distributed by the Clerk on December 15, 2016. No corrections or changes have been received. The minutes of the non-public session were distributed by Councilor Ava Doyle. The minutes to this session were sealed for four (4) months. With no further corrections or changes the minutes were accepted as distributed. CONSENT AND ACTION CALENDAR (1) Request to authorize boat dealers and businesses conducting water craft activities to act as agents of the City for the purpose of registering boats and watercraft The boat and watercraft related businesses listed below have been operating as agents for the City in the collection of boat fees. In Fiscal Year 2016 the City received approximately $85,000 in boat registration fees collected between these businesses and the City Clerk’s Office. For the last several years, the State is requiring these businesses to show  evidence of a surety bond in order to authorize them to collect fees for the City and State. The City can cover these businesses under our current bonding insurance, at no additional cost, provided they are authorized annually by the City Council to act as agents. Therefore, it is requested that the Council authorize the following businesses to act as agents for the City: Paugus Bay Marina Thurston’s Marina Channel Marine Irwin Marine Lakeport Landing Watermark Marine Motion to approve authorize Paugus Bay Marina, Thurston's Marina, Channel Marine, Irwin Marine, Lakeport Landing and Watermark Marine to act as agents of the City for the purpose of collecting boat registration fees made by Councilor Baer and seconded by Councilor Hamel; the motion passed with all in favor. (2) Temporary Traffic Order 2017-2, Laconia Little League Opening Day Parade This is a repeat request from prior years with no changes. Motion to approve Temporary Traffic Order 2017-2, Laconia Little League Opening Day Parade, as presented made by Councilor Baer and seconded by Councilor Doyle; the motion passed with all in favor. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Cal Dunn, 217 Garfield Street, addressed the Council regarding the change in City policy on sanding and plowing of the hill at the end of Garfield Street. C. Dunn distributed a map of the area in discussion and reviewed the outline of events indicating when the City began providing services to the street up to current. A gentleman's agreement had been made with the prior Director of Public Works 42 years ago that sanding would be done by the City and C. Dunn would handle the plowing and other maintenance needed to the hill. A few weeks ago the service was discontinued and it was not noticed in writing which C. Dunn finds to be distasteful and inappropriate. C. Dunn explained that having the hill sanded is not a convenience but a necessity because the other services, such as trash collection and emergency services, are not able to access the property and trash collection was actually not done last week. As a tax payer, C. Dunn feels that he should not be deprived of services that other tax payers are receiving. The cost to the City is approximately $1.50 per season, using the current cost of sand, and the service is more than needed. C. Dunn expressed that he feels the City has used his property to turn around on several occasions and he feels that if they are going to use his property they should be treating the situation better. It was emphasized that there is a statute stating that it is illegal to discontinue services on a street that has been maintained and services provided. Councilor Lipman requested to have staff response. City Manager Myers explained that the City has identified streets that have been maintained by the City for several years but have not been accepted by the City and a comprehensive document will be coming to the Council for the January 9, 2017 meeting and will contain several streets, not just the extension of Garfield Street, therefore it was not an instance of singling out one area. If there was an anticipation of this happening there would have been sufficient notice and in hindsight this happened late in the season. Councilor Lipman asked if the City could extend a timeframe to allow for the property owner to contract for service. City Manager Myers noted that C. Dunn has been aware for a few weeks and he has come in and given a verbal "no trespass" order last week and that was relayed to the Director of Public Works at that time. It was further explained that C. Dunn has made several statements this eveninig that it is his street and State law does not allow for public funds to be spent on private land and the insurance carrier would not offer coverage should something unfortunate occur. Councilor Lipman asked for specifications for the surface area that is no longer being maintained for access of City services. City Manager Myers explained that private street owners are required to maintain private ways in a manner that is accessible to emergency services. Councilor Lipman asked if the quickest manner to come to a resolution is to accept the area as a City street. C. Dunn replied that it is not an option. Councilor Lipman confirmed that the understanding is that if it is a private way it will not be maintained. C. Dunn countered that a statute exists that can declare this as an emergency way and that should be the option that is explored. City Manager Myers advised that research has been done on the emergency lane aspect and this does not meet the definition of an emergency lane because it is a dead end with no connectivity to another main way. C. Dunn advised that there is more to an emergency lane than is being described and stated that he feels that having a truck turn around in a street that is 18 feet wide is more hazardous than using a 300 foot radius to turn around. C. Dunn also stated that he feels a 10 day notice was not sufficient to make notice to the residents. The services have been discontinued including trash, mail and sanding. Councilor Baer noted that there are several homes in private communities, such as Briarcrest, that are equally assessed as all other properties. C. Dunn feels the property is less valuable when there are no City services and they should have a reflected assessment. Councilor Lipman asked if the City can continue service to allow for services to be contracted. City Manager Myers replied that if the Council should choose to do so they may but that a statement has been made publicly that this is against State statute and would be a liability for the City. C. Dunn expressed that he is not looking to have something for nothing and feels that this could be done with calling this an emergency way. Councilor Lipman requested a release of some sort to remove the City's liability to continue the service until this has been fully vetted to the Council to which C. Dunn advised he would be willing to provide such a release. C. Dunn also invited the Council to view his surveillance footage from his property which shows the services being provided as well as invited the Council to talk to the route driver. Councilor Hamel agreed with Councilor Lipman's request to continue until January 9, 2017 and at that point the Council can make a decision on all of the streets. This would allow for C. Dunn to make arrangements. City Manager Myers again advised the Council that he is not comfortable having anything done without legal counsel consent. C. Dunn asked that precedent also be looked at with legal counsel. INTERVIEWS COMMUNICATIONS PUBLIC HEARING PRESENTATIONS MAYOR'S REPORT 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 (d) HB 430 - Expansion of the Veterans' Tax Credit Councilor Lipman requested to schedule a meeting for January 23, 2017 at 6:30 p.m. to discuss this item. Requests for background was requested by City Manager Myers prior to the meeting so he can have everything available. Councilor Lipman has requested that information on acceptance by other municipalities. (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 (4) LANDS and BUILDINGS (a) Downtown parking garage (b) Repair & maintenance of City Buildings LIASON REPORT CITIZEN REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS MANAGER'S REPORT (1) Project Updates Report City Manager Myers reviewed the report. (2) Other Items City Manager Myers advised that the auditors will be presenting there report at the February 13, 2017 meeting. There was discussion on the sidewalks on Winter Street Extension and the Winnipesaukee River Basin Project's ability to apply for grants should they become a regionally owned utility. Councilor Hamel requested an update on the Colonial Theater project. City Manager Myers advised that this is scheduled for the January 9, 2017 meeting and requested that any specific questions be sent to him so he can forward them to the presenters. NEW BUSINESS (1) Request to remove the stop sign on Holman Street at the intersection of Shore Drive Public Works Director Wes Anderson reviewed the request. Councilor Lipman asked what neighborhood input has been sought. Director Anderson replied that none has been done because it is technically not needed. Councilor Lipman explained that he does not want to act now and have problems later. Councilor Doyle noted that she has spoken to Councilor Bownes and he would like to request this be moved to the Public Safety Committee for review. City Manager Myers advised that there is a homeowners association in the area of approximately 160 homes and a reach out could be done through the association newsletter with a response to the City later. This item could be tabled until January 9, 2017.  Motion to table to the January 9, 2017 meeting pending the outcome of neighborhood outreach made by Councilor Doyle and seconded by Councilor Lipman; the motion passed with all in favor. UNFINISHED BUSINESS (1) Unsolicited offer to purchase City-owned property at 23 Elm Street (Lakeport Fire Station) and additional parcels in close proximity 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 This item will be discussed at the January 9, 2017 meeting. (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 8:03 p.m.at by Councilor Baer and seconded by Councilor Doyle; 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 January 9, 2017.