City Council

CITY OF LACONIA - CITY COUNCIL Monday, January 9, 2017 - 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 Brenda Baer led the Salute to the Flag. RECORDING SECRETARY Deputy City Clerk Stacy Anders ROLL CALL Deputy Clerk Anders called the roll with the following Councilors in attendance: Ava Doyle, David Bownes, Henry Lipman, Brenda Baer, Bob Hamel and Armand Bolduc. Mayor Engler noted that all six (6) Councilors are in attendance and a quorum is established. STAFF IN ATTENDANCE City Manager Scott Myers, Finance Director Donna Woodaman COUNCIL PROCLAMATION ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS (1) Acceptance of the regular meeting minutes from December 27, 2016 The minutes of the December 27, 2016 meeting were distributed on December 28, 2016. No corrections or changes were received. With no further correction the minutes they were accepted as distributed. CONSENT AND ACTION CALENDAR CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Joe Driscoll of Martin, Lord and Osman addressed the Council on behalf of the Ames Family and their interests in Weirs Beach. A packet has been provided to the Council outlining the concerns of the Ames Family and other business owners relating to Motorcycle Week food vending in an area which causes a detrimental effect on the concerned parties.Crowd control, combined with the large structures of the vendors, are blocking visual perception of the Winnipesaukee Marketplace and the other establishments in the area. With this unforseen circumstance it was the request of the concerned parties to bring this to the City Council's attention so they are aware of the negative effect that is happening to the season long businesses. Mayor Engler asked if the clients are aware that the particular spaces have accommodations for waste water that the other spaces on the Boardwalk do not have. J. Driscoll advised that he was not aware. City Manager Myers added that a drain was placed to specifically collect the gray water that is used for food service and the infrastructure was put in place to protect the lake. J. Driscoll thanked the Council for the information. Councilor Hamel commented that these spaces were allocated because having food vendors with grease and fire over a wood surface is not a wise choice. Additionally Councilor Hamel noted that the building in question is seen from as far back as the Weirs Beach sign and the angle of the pictures presented are somewhat deceiving. J. Drisocll commented that this was not the intent. There was also discussion on the access of pedestrians to the area and the effect it may have on the business owners. Councilor Bownes asked for a specific impact on the infrastructure for the vendors. City Manager Myers reiterated that the accommodations were placed before his time with the City, which began over five (5) years ago, and was also done to avoid having food vendors over the wooden Boardwalk spaces. There was no disagreement that the size requirements of the food vendors has increased with fire suppression needs but the handling of the gray water and food waste needs to be handled in the best location possible. Non-food related vendors have traditionally been placed on the Boardwalk with wooden surfaces. Mayor Engler asked if there was a request to use the spaces by someone that was not a food vendor, would it be denied. City Manager Myers explained that there would not be a blanket "no" issued, but the needs of the requester would be taken into consideration, such as those distributing prepared food compared to cooking on site. It was clarified that the City does consider these spaces as designated for food vendors. Councilor Lipman clarified that the purpose of this request is to simply place this in the minds of the Council for consideration of changes in the future. J. Driscoll confirmed that this is the intent. Mayor Engler added that this is a time sensitive matter because vendors from last year have already indicated they are interested in returning to the location this coming year, as there are vendors in the non-food spaces that have already responded because they are long standing vendors for the City. Mike Ames addressed the Council to give more history on the location and concerns. Prior to the food vendors being in place the location was used for lavatory facilities and Sid Ames was approached by the City for his input on using the site for vendors. At that time it was expressed that Mr. Ames would be agreeable to having a 10 foot by 10 foot space, no more than eight (8) feet high, in the location that would be for merchandise, not food. Over time it has evolved into having large food vendors and it is effecting the local food businesses at a time when they should be capitalizing on the outpouring of people in the Weirs. Having food vendors here is not acceptable to the seasonal businesses because it hurts the businesses when the event should be helping them. M. Ames added that he is not just speaking on behalf of himself but for the other businesses in the area. It was further expressed that the City should have approached the businesses in the area for input on the adding of food vendors before allowing it to happen. M. Ames thanked the Council for the project being completed on Lakeside Avenue with the removal of the overhead utility wires because it is going to make a huge impact on the Weirs. Charlie St. Clair addressed the Council regarding his concerns with the parking ban during the snow storm last week. C. St. Clair recalled that an emergency bulletin was put out banning parking from Thursday afternoon until Saturday morning because the storm was predicted to be sizable. In all of his time in the City, C. St. Clair had never seen a parking ban placed and the next morning after the storm had finished, Main Street was completely cleared and snow removal was not an issue on Main Street. It was requested that in the future the City does not panic when snow is forecast because it hurts the businesses when a parking ban is placed. INTERVIEWS Appointments for the available positions will be taken at the January 23, 2017 meeting. (1) Margaret Selig - seeking appointment to a regular position on the Trustees of the Trust Fund for a three-year term expiring at the end of March, 2019 (1 vacant regular position available) M. Selig was interviewed. (2) Elizabeth Merry - seeking appointment to a regular position on the Planning Board E. Merry was interviewed. (3) Daniel Ash - seeking appointment to a regular position on the Planning Board D. Ash has removed his application. (4) Charlie St. Clair - seeking appointment to a regular position on the Planning Board C. St. Clair was interviewed. There was discussion regarding the alternate compared to full member positions because C. St. Clair is currently an alternate member. Councilor Hamel made a suggestion that when someone submits an application for a vacancy that they be given a list of questions that can be answered by the applicant so the qualifications are clearly known. Having the chairs of the Boards and Commissions establish applicable questions for the specific Board it would be more valuable to the Council when making appointments. It was discussed and the consensus was to have the City Manager work on this and report back to the Council. COMMUNICATIONS PUBLIC HEARING PRESENTATIONS (1) Colonial Theater Project Update from Belknap Economic Development Council Mayor Engler noted that there is a request under New Business in relation to the Colonial Theater loan maturation date. Justin Slattery, Executive Director of the the Belknap Economic Development Council (BEDC), and Jack Duggan, President of the Monadnock Economic Development Corporation and consultant on the Colonial Theater project, addressed the Council. J. Duggan advised the Council that the initial loan in support of the project was invaluable in obtaining additional contributions of $11 million toward the project. At this time the extension of the loan is critical because the last round of value engineering is currently taking place to ensure a project the City can be proud of but to also get the best price for the project. The anticipation is that value engineering will be completed in the next few weeks followed by some minor items and the closing for the project would be before the end of April. Councilor Bownes requested an explanation of value engineering for the public benefit. J. Duggan explained that this refers to the architects and engineering firms work with the planning committee to establish the best project for the most reasonable price. Right now the mechanical and electrical systems are being worked through. Councilor Hamel asked if there will be alternate bidding on items that may not be in the budget but could be added at the time of bidding. J. Duggan stated that they will and it was explained that the New Markets Tax Credit funds can not be returned so additional items would be added to utilize the funds. Councilor Hamel asked for a progress update to begin the physical work. J. Duggan replied that if the closing is in April the work will begin in May, ideally immediately. The architects and engineer are aware and ready to proceed when the time comes and they have gone through the appropriate channels to ensure permits are in place. Councilor Hamel asked what the contingency is. J. Duggan explained that the contingency is a combined $550,000 between the owner and the contract manager. Discussion followed about the items that may need to be added to facilitate the use of contingency. Funding sources for the project include New Markets Tax Credits provides a 39% tax credit toward the entire project which represents $4.6 million committed by Mascoma CDE, Community Development Investment Program has awarded state tax credits in exchange for donations has netted a $520,000 commitment, a grant from the Land Community Heritage Investment Program of $500,000 has been awarded, $1.5 million on community contributions, National Historic Registry designation has qualified the project for a 20% credit on the entire project cost and will generate $2.4 million, the City of Laconia loan commitment, a developer loan of $250,000, a Brownfields grant for at least $200,000, and an anticipated application for a Community Development Block Grant (CDBG). In working with each entity the necessary information has been provided and with the successful completion of the planning board process the project will be underway this spring.  Councilor Lipman asked for the construction time frame. J. Duggan advised it would be approximately 11 months. Selective demolition has been done to allow for a visual outlook and to avoid potential pitfalls later in the construction process. Councilor Hamel asked if there has been testing for abatement needs. J. Duggan replied that there have been and abatements will be needed for asbestos, PCB, and any other hazardous materials identified by the state Environmental Services. Councilor Hamel asked what is lacking to achieve the financial goal. J. Duggan advised that the project funding will be completed once the final contributions are noticed from CDBG and the Brownsfields Councilor Hamel asked when the ordering of supplies and materials will begin. J. Duggan replied that this will happen when the value engineering is complete but some materials have been set aside so there will not be a long wait time for materials. Councilor Hamel asked if Mascoma Bank is favorable to the extension. J. Duggan explained that the New Markets Tax Credits come with an incentive rate higher than the average and that is an added incentive for an April closing. Councilor Baer asked if Brownsfields grants are awarded annually. J. Duggan replied that they are and several entities apply each summer for a fall awarding and funds have been set aside for this project. Mayor Engler confirmed that the City is being paid monthly in interest of $4,200 until the closing and this would continue until the closing. J. Slattery advised that the capital campaign will be continuing and the local businesses have stepped up. The "buy a seat" campaign has produced calls from people all over the country with ties to Laconia so this is a very well supported project. Mayor Engler thanked J. Duggan and J. Slattery for there attendance. J. Duggan advised that in all of his years of working on economic development in the NH he has never seen such an outpouring of support from all levels of the community. (2) Review Master Plan status to date and approve process for remaining chapter(s) Mayor Engler introduced Interim Planning Director Brandee Loughlin and Jeff Hayes, Executive Director of the Lakes Region Planning Commission. City Manager Myers and Councilor Bownes introduced the background information for the Council. It was advised that the Planning Board has made a commitment to ensure the Council is comfortable with the Master Plan that is being produced. B. Loughlin reviewed the Master Plan process to date which has been marketed as Reimagine Laconia. The update included a breakdown of all of the events that have been held, attendance to the events, and how/when chapters have been completed to this point. The Land Use, Housing, Community Services and Facilities, and Historic and Cultural Resources chapters are remaining; however, an outline of Land Use was completed before the prior Planning Director left the City. The advisory committee has not met since April 2016. Mayor Engler advised that the City Council has no legal control over the Master Plan and it is the sole responsibility of the Planning Board but if the governing body does not agree with the Master Plan it risks the funding not being available. It is clear in the updated chart that the City Council did not buy in to the former Master Plan fully and therefore areas did not get completed. Councilor Bownes added that the Planning Board, in his observation, recognizes the need to work with the Council and have an agreement on the Master Plan. Additionally, Councilor Bownes feels that the many years of not having a Council liaison to the Planning Board was detrimental to the communication between the two (2) bodies. Councilor Lipman commented that having a vision and goals connected to the outcome are important to be built into the process, especially for the Land Use chapter. Mayor Engler explained that J. Hayes is in attendance because the Lakes Region Planning Commission has been contracted to assist in the completion of the remaining chapters. The funding for the completion was withheld by resolution of the Council in December, 2016. City Manager Myers advised that he has shared the wishes of the Council with J. Hayes and he has assured that he is willing to work in the direction set forth by the City. J. Hayes addressed the Council.The Lakes Region Planning Commission is available to help the City in whatever manner they would like and they have adequate resources to do so. J. Hayes explained that although the Planning Board is responsible to approving the Master Plan they also have the responsibility to ensure that the public is incorporated into the process and that is inclusive of the members of the City Council. The zoning aspects of the Master Plan will need to be approved by the City Council to ensure a checks and balances for the implementation. Councilor Lipman stated that the tax balance on the community, when comparing residential taxable property to commercial or industrial, is of importance to the Council. There have been instances of the City retaining property that could be of taxable value and the Council would be interested in ways to address those challenges in the Master Plan process. J. Hayes replied that the Lakes Region Planning Commission can help provide the insight with creative ideas. Councilor Hamel commented that his understanding that each chapter can be approved separately and does not need to be done as the entire Master Plan. This would be beneficial to begin implementation in phases. J.Hayes confirmed that this is possible and common but advised that the Land Use and Vision chapter should be done first before adopting any other chapters. Councilor Hamel asked if zoning recommendations could be vetted in the process of the Master Plan. J. Hayes replied that they could assist with zoning as well. It was discussed having aspects of the Master Plan that would outline and justify the zoning needs/enforcement. Mayor Engler asked how the Master Plan will be formulated by the Lakes Region Planning Commission. J. Hayes replied that the input of the City staff and public forums are taken into consideration. The Lakes Region Planning Commission will scope the contract and involve all of the necessary players. The input process is determined by the City with the use of professional judgement and there are models available for reference. Councilor Lipman commented that working through the reconciliation of what the input sessions have produced and what is realistic for the future of the City needs to happen because the evolution of the City needs to be taken into consideration. J. Hayes advised that the Master Plan process is designed to look at a 20 year outlook and that is what makes the process so in-depth. If the City wants the Lakes Region Planning Commission to look at different models then that is what they will do; the Planning Board, or joint committee if the City should choose, will give the direction to the Lakes Region Planning Commission during the process. Councilor Bownes asked if the information that the Planning Board has gathered over the last several years by holding events needs to be redone because it is not reliable. Councilor Lipman replied that this is not his intention but he wants to make sure this is weighted against the reality of the needs of the City. Mayor Engler added that he has nothing against the public input but feels the input needs to be examined closely. Councilor Hamel asked how long the Master Plan process should generally take from start to finish. J. Hayes advised that every situation is different but once all parties are moving in the same direction it moves fluidly but it can be done efficiently. It was also noted that a good planning process never ends and it is a cycle. Mayor Engler confirmed with Councilor Bownes that his understanding is the Planning Board is receptive to sitting down with the Council to discuss the Master Plan. Councilor Bownes replied that he has had discussions with the Chair and his understanding that they are. Councilor Bownes will be reporting to the Planning Board tomorrow evening and it was discussed that the Vision Statement and the Land Use chapter are the most important items to be completed. Joint meetings of the Council and Planning Board should be held if everyone is in agreement, Motion to formally acknowledge the completion continued work of the Vision Statement and the Land Use chapter of the Master Plan in partnership with the Planning Board and the contracted assistance of the Lakes Region Planning Commission made by Councilor Lipman and seconded by Councilor Hamel; the motion passed with all in favor. Councilor Bownes asked if the zoning changes that were sent to the Planning Board, which were rejected by the Planning Board, there was an effort to have land  use changes brought forward and they are still on the table. This effort is going to be considered tomorrow as a place holder for a new document to be draft to incorporate these changes and asked for direction from the Council. The Council did not have objections to this. (3) The Impact on Laconia of Statutory Limitations on using Public Funds on Streets in the City limits Public Works Director Wes Anderson reviewed a prepared presentation on issues surrounding maintenance of private streets within the City. It was emphasized that this activity is not permitted within State statute and the City has been engaging in this. No decision was requested in the course of the presentation but that in the future each street will need to have a decision made based on four (4) options that are permitted by statute. Dedication acceptance by a developer, layout of a road on property taken by eminent domain, prescription by a street maintained for 20 consecutive years prior to January 1, 1968, and by a betterment and acceptance are the four (4) methods for acceptance. There was discussion on the liability of maintaining the streets, City requirements to become an accepted street, and updating the City's plan with the assistance of the City attorney. Councilor Lipman commented that he feels there is a sensitivity to the statute without a sensitivity to the residents and he is not comfortable with the time frame being proposed because he feels there could be other options. Director Anderson replied that the point is to start the process before fully implementing. It was discussed that a lot of people will not be receiving City services that they have been receiving. Councilor Bownes asked if there is a number of homes being impacted if the City services are discontinued. Director Anderson replied that if the direction the Council would like to take is to make them all City accepted roads then no one will be losing services. Councilor Bownes asked for a specific number of homes on the streets effected and how long this has been happening. Director Anderson replied that he would count the lots and this has been ongoing for some time, with the oldest being recognized in 1890. Discussion followed regarding the amending the City's standards for City approval, how many streets are currently at the City standard and are not, close gate communities, and the private ways that were designed to be private and will remain as such. Councilor Lipman asked if there is a method legislatively to make this easier or less liable for the City than is currently available. It was noted that a representative from the City may be interested in sponsoring something to help there constituents. Councilor Bolduc expressed a concern with the City approving the building of homes on roads that are not being maintained or approved by the City. It was explained that this process has been in place for several years and the City attorney and Primex have approached the City to discontinue the liability. City  Manager Myers added that the City has tried to work with property owners when a circumstance happens that causes a private road to not be developed to a level that would cause it to be approved as a City street. It was further discussed that when someone purchases a property it is the purchasers responsibility to ensure a proper title search is done on the property. There was discussion about how to apply the legal aspects of the statutes involved with reasonable aspect of this situation. City Manager Myers reiterated that regardless of what recommendations are brought forward to the Council, there will be no discontinuation of services to any streets that have been receiving services. It was encouraged to continue the process. Motion to accept the process outlined by Director Anderson to continue the process made by Councilor Hamel and seconded by Councilor Baer; the motion passed 5-1 (For: Doyle, Bownes, Baer, Hamel, Bolduc; Against: Lipman) MAYOR'S REPORT Mayor Engler thanked Councilor Bolduc for chairing the last Council meeting in his absence. Mayor Engler announced that at a non-public meeting the Council had reviewed and determined a compensation package for the City Manager. The current salary for the City Manager is $125,000 and it was recommended by the City Manager that this be unchanged for 2017. There was an agreement to increase the retirement contribution from 12% to 13%. It was also noted that the City Manager contributes a substantially higher amount to his health insurance coverage. Mayor Engler thanked City Manager Myers for this gesture. 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 (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 (c) Former Lakeport Fire Station (23 Elm Street) Councilor Hamel reported that at this time no proposals have been received for the property. Proposals are due February 10, 2017 and the committee will wait until they are received to analyze the concerns moving forward. Motion to extend the meeting until 10:20 p.m. made by Councilor Doyle and seconded by Councilor Hamel; the motion passed with all in favor. LIASON REPORT CITIZEN REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS 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) Quarterly Recycling Update City Manager Myers reviewed the report. NEW BUSINESS (1) Request by Belknap Economic Development Council for an extension of maturation date on the loan used to purchase the Colonial Theater Motion to extend the maturation date of the loan made to the 609 Main Street LLC for the purpose of purchasing the Colonial Theater, with the same terms, from January 17, 2017 until no later than April 30, 2017 made by Councilor Baer and seconded by Councilor Bownes; the motion passed with all in favor. (2) Request to schedule a public hearing on January 23, 2017 during the regular City  Council meeting regarding a proposed application to the Community Development Finance Authority for up to $500,000 in Community Development Block Grant Funds for the benefit of the Granite State Children's Alliance for the acquisition and/or rehabilitation of 95 Water Street into a Model Child Advocacy Center Motion to schedule a public hearing on January 23, 2017 during the regular City Council meeting regarding a proposed application to the Community Development Finance Authority for up to $500,000 in Community Development Block Grant Funds for the benefit of the Granite State Childrens Alliance for the acquisition and/or rehabilitation of 95 Water Street into a Model Child Advocacy Center made by Councilor Bownes and seconded by Councilor Bolduc; the motion passed with all in favor. (3) Request to schedule a public hearing on January 23, 2017 during the regular City Council meeting regarding the Residential Antidisplacement and Relocation Assistance Plan associated with the Community Development Finance Authority application Motion to schedule a public hearing on January 23, 2017 during the regular City Council meeting regarding the Residential Antidisplacement and Relocation Assistance Plan associated with the Community Development Finance Authority application made by Councilor Bownes and seconded by Councilor Doyle; the motion passed with all in favor. (4) Request to authorize City Manager to sign a Temporary Use Agreement (TUA) with the State of New Hampshire that will allow the City to install and maintenance a retaining wall, single phase transformer, and three phase sector cabinet within the NH DOT Railroad corridor Motion to authorize City Manager to sign a Temporary Use Agreement (TUA) with the State of New Hampshire that will allow the City to install and maintenance a retaining wall, single phase transformer, and three phase sector cabinet within the NH DOT Railroad corridor made by Councilor Bownes and seconded by Councilor Doyle; the motion passed with all in favor. (5) City Manager performance evaluation This item was discussed under the Mayor's Report. UNFINISHED BUSINESS (1) Request to remove the stop signs on Holman Street at the intersection of Shore Drive City Manager Myers advised that this item was tabled by the Council at their last meeting and he was directed to solicit neighborhood input. Approximately 20 responses were received with the majority supporting leaving the stop signs in place. Motion to take this item off the table made by Councilor Lipman and seconded by Councilor Bolduc; the motion passed with all in favor. Motion to leave the stop signs in the current locations made by Councilor Lipman and seconded by Councilor Hamel;  A resident that has lived on Holman Street for many years advised the Council that street is repaired and traffic is moving faster. He feels moving the stop signs would create faster moving traffic and this would be a safety issue, particularly for those walking on the street. Peggy Selig agreed with the prior comment and feels the speed would become worse if the stop signs were removed. Mayor Engler called the question and the motion passed with all in favor. (2) 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) Milfoil Treatment Funding Request (4) Sewer & Water Master Plan  (5) Single Stream Recycling/Concord Co-op/Solid Waste Disposal Cost Reduction (6) Strategic Planning/Goal Setting (7) WOW Trail ADJOURNMENT Motion to adjourn made at 10:13 p.m. by Councilor Baer and seconded by Councilor Bolduc; the motion passed with all in favor. Respectfully Submitted: Stacy Anders Deputy City Clerk Minutes of this meeting were accepted by the City Council at there meeting of January 23, 2017.