City Council

CITY OF LACONIA - CITY COUNCIL Monday, February 27, 2017 - 7:00 PM City Hall - Conference Room 200A CALL TO ORDER SALUTE TO THE FLAG RECORDING SECRETARY ROLL CALL STAFF IN ATTENDANCE ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS 1. Acceptance of the regular and non-public meeting minutes of February 13, 2017 CONSENT AND ACTION CALENDAR CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA INTERVIEWS COMMUNICATIONS PUBLIC HEARING 1. Public hearing on Resolution RES-2017-01 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $1,680.00 for the Laconia Police Department for the purpose of purchasing school emergency notification software 2. Public hearing on Resolution RES-2017-03 relative to authorizing the City Manager to accept and expend a Homeland Security Grant on behalf of the City in the amount of $6,000.00 for the Laconia Fire Department for the purpose of purchasing EMS Warm Zone equipment 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: (Lipman, Hamel, Baer) (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: (Baer, Doyle, Bownes) (a) Fair St/Court St traffic problems and accidents 3. GOVERNMENT OPERATIONS and ORDINANCES: (Doyle, Bolduc, Bownes) Page 1 of 49  (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: (Hamel, Lipman ,Bolduc) (a) Downtown parking garage (b) Repair & maintenance of City Buildings (c) Former Lakeport Fire Station (23 Elm Street) LIAISON REPORT CITIZEN REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS MANAGER'S REPORT 1. Project Updates Report NEW BUSINESS 1. First reading of Resolution RES-2017-04 relative to authorizing the City Manager to accept and expend donations on behalf of the City in the amount of $736.00 for a memorial bench at the Weirs Community Park and to schedule a public hearing on March 13, 2017 during the regular City Council meeting 2. First Reading of Resolution RES-2017-05 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $13,784.00 for the Department of Environmental Services Exotic Species Program exotic aquatic plant control project and request to schedule a Public Hearing on March 13, 2017 during the regular City Council meeting UNFINISHED BUSINESS 1. Second reading of Resolution RES-2017-01 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $1,680.00 for the Laconia Police Department for the purpose of purchasing school emergency notification software 2. Second reading of Resolution RES-2017-03 relative to authorizing the City Manager to accept and expend a Homeland Security Grant on behalf of the City in the amount of $6,000.00 for the Laconia Fire Department for the purpose of purchasing EMS Warm Zone equipment 3. Unsolicited offer to purchase City-owned property at 23 Elm Street (Lakeport Fire Station) and additional parcels in close proximity 4. Discussion regarding the City owned vendor spaces on the Boardwalk as it relates to renting to food vendors NOMINATIONS, APPOINTMENTS & ELECTIONS COUNCIL COMMENTS NON-PUBLIC SESSION According to RSA 91-A:3, II: Page 2 of 49 (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 Page 3 of 49  CITY COUNCIL ITEM INFORMATION SHEET DATE SUBMITTED: 2/17/2017 FROM: Mary Reynolds, City Clerk SUBJECT: Acceptance of the regular and non-public meeting minutes of February 13, 2017 DISCUSSION: The minutes of the regular meeting were distributed to the City Council on February 17, 2017. No changes or corrections were received. The minutes of the non-public session were distributed by Councilor Doyle and have been sealed for six (6) months. If there are no changes or corrections to the minutes they are accepted as distributed. ATTACHMENTS: Description Type Upload Date File Name regular meeting minutes Backup Material 2/22/2017 02_13_17-DRAFT.pdf Page 4 of 49  CITY OF LACONIA - CITY COUNCIL Monday, February 13, 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 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, Henry Lipman, Brenda Baer, Robert Hamel and Armand Bolduc. Mayor Engler stated that five (5) Councilors are in attendance and a quorum is established. STAFF IN ATTENDANCE T AF City Manager Scott Myers, Finance Director Donna Woodaman COUNCIL PROCLAMATION ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS (1) Acceptance of regular and non-public meeting minutes from January 23, 2017 R Minutes of the regular meeting were distributed to the City Council on January 25, 2017. No changes or corrections have been received. D Minutes of the non-public session were distributed by City Manager Myers and have been sealed for two (2) years. With no corrections or changes requested the minutes were accepted as distributed by the clerk. CONSENT AND ACTION CALENDAR (1) Weirs Action Committee Request to Waive Special Events Fee for 2017 Laconia Motorcycle Week Motion to approve the request of the Weirs Action Committee to waive Special Event fees for their 2017 Laconia Motorcycle Week fundraiser at Endicott Rock Park made by Councilor Doyle and seconded by Councilor Bolduc; the motion passed with all in favor. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Page 5 of 49 Cathy Matthews, a food vendor during Motorcycle Week, addressed the Council. C. Matthews stated that she has been a vendor at the Boardwalk space and she doesn't feel they are in competition with the local establishments because they don't sell the same kinds of food. Having the larger trailers at the location is convenient for the vendors and having a variety in the area is a good thing. The last event was slower than prior years but C. Matthews feels that it is because of the concert attendees being away from the Boardwalk. Mayor Engler advised that this item was on the agenda for this evening but he has been informed that those individuals requesting the information be discussed are not able to attend therefore it will be postponed to a later meeting. INTERVIEWS COMMUNICATIONS PUBLIC HEARING (1) Designation of City streets as Emergency Lanes under RSA 231:59-a T Notice of this public hearing was made in the Wednesday, January 25, 2017 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. AF The following streets are being proposed for designation as Emergency Lanes under RSA 231:59-A: Bell Street from Chapin Terrace to Franklin Street The un-named crossover from Durkee Street to Addison Street R Channel Lane from Dead End to Endicott Street Hillcrest Drive from public highway section to public highway section Lane Road from Meredith Center Road to Parade Road Pickerel Pond Road from Meredith Center Road to Parade Road D The purpose of the road declaration is to enable the City to repair and maintain a class VI or private road to keep it passable by emergency vehicles when it is in the welfare and safety interest of the public. Mayor Engler opened the public hearing at 7:10 p.m. asking for any members of the public to address the Council at this time. Karen Barker (129 Lane Road) addressed the Council and shared a letter from the Cote's who could not be in attendance this evening. K. Barker feels that Lane Road is used when road conditions are poor and when there is the need for a traffic re- route for emergency purposes. Also, Pickeral Pond Road and Lane Road are utilized by school buses for cut over roads. Dave Ouellette (298 Pickeral Pond Road) asked if the maintenance of the road as an emergency lane would be different than the last 20 years. City Manager Myers advised that the maintenance will not change at this time but there are formal Page 6 of 49 designations that will be looked into in the near future. D. Ouellette asked if there would be an effect on property value if declared an emergency lane. City Manager Myers advised that he doesn't feel this would have a direct correlation and it is highly unlikely the City would lower the value of the property. D. Ouellette commented that this could have an effect on resale value if the street is in limbo. Mayor Engler advised that the City is going to make every effort possible to resolve the issues that are facing them at this time. Tracy Fitzpatrick (20 Shane Way) asked if there is a specific "identified public benefit or safety issue" , as quoted from State statute, that would make the authorizing streets as emergency lanes the necessary course of action. City Manager Myers advised that the statute is lacking in specificity but the broader language requiring there to be a greater benefit for the public has been met. T. Fitzpatrick asked if the City plans to establish a reserve fund or trust fund to manage the additional streets and conditions. City Manager Myers replied that this would be a budgetary process and could be done thorugh the process of accepting City streets is finalized to ensure there is funding available for the needs of these new streets. T Terry Stewart (388 Hillcrest Drive) addressed the Council and stated that he would think that the expenses would go down if the streets listed are not City streets because they would not be maintained. Additionally, T. Stewart feels the property AF values would go down if the street is not public. T. Stewart asked if a driveway permit is required on a private street and it was advised that it is. Debbie Roman (290 Hillcrest Drive) asked why the process is different for accepting Hillcrest Drive if the process was already started at some point. Public Works Director Andersen advised that partial acceptance was done through the Planning Board phase but it was never completed through the City Council R acceptance phase. Shawn Mello (174 Hillcrest Drive) asked if an emergency lane designation would have the road maintained in a better condition. City Manager Myers advised that an D emergency lane would mean that the road is maintained for the passage of emergency situations and the City will not be changing the level of maintenance at this time. S. Mello asked if the City takes ownership of the street at the time it is designated an emergency lane. City Manager Myers replied that it does not and that the City will be doing what they can to work on the issues. S. Mello asked how the City would access the pump station if the residents took ownership of the road. It was explained that the designation would always be in effect and that every effort is being made to make these streets as official public streets. Bruce Cheney (61 Pickeral Pond Road) stated that he is thrilled with what he is hearing this evening and thanked the City Council for fixing this problem. Richard Dudas (243 Hillcrest Drive) asked if concerns with cut lines that were created by water line installation would be addressed if this is an emergency lane to ensure it is safe. City Manager Myers advised that he would need to discuss this with the Water Department and Public Works Department and encouraged contact Page 7 of 49  to the his office. T. Fitzpatrick asked for the designation of each road be reviewed to determine if they are Class VI or private. City Manager Myers replied that he does not feel comfortable answering this question without having the documentation. T. Fitzpatrick asked if any of these streets are Class VI or private roads. City Manager Myers advised that none of these streets are Class VI or private with the exception of the cross-over street from Durkee Street to Addison Street and the property owner is amicable to the designation. Barbara Carvello (259 Hillcrest Drive) asked what happens when a public utility, such as water, is established on a street and damage is done to a driveway. City Manager Myers explained the escrow process and asked for her to contact the City Manager's Office to discuss the specifics of this situation. Thomas Barker (129 Lane Road) asked what the process is to accept a road as a City street. City Manager Myers advised that State statute outlines how a road can be accepted but new streets are built to specific standards. T. Barker feels the City is looking out for the best interest of the residents on these streets and Director Andersen has been very helpful. T D. Roman commented that her understanding was that the water lines were AF installed on the street to allow access to development on the outlines of the area. During a conversation with Assistant Director of Public Work Luke Powell it was expressed that it was thought that Hillcrest Drive was a City street at the time the water lines were installed. Tom Dickey (158 Hillcrest Drive) asked if these roads are accepted as City streets would there be funding available to upgrade the streets. Mayor Engler reviewed the R State grant program and advised that no additional funding would be available. City Manager Myers advised that the Highway Block Grant funds come from the gas tax and that the percentage available will not be increasing. D With no other members of the public wishing to speak Mayor Engler closed the public hearing at 7:47 p.m. PRESENTATIONS (1) Auditors Presentation of the 2016 Comprehensive Annual Financial Report (CAFR) Scott McIntyre from Melanson Heath reviewed the 2016 Comprehensive Annual Financial Report. Discussion and questions were asked regarding the the financial wellness of the City, the debt service and IT access controls. Mayor Engler thanked Finance Director Donna Woodaman and Assistant Finance Director Raquel McCutcheon for the quality and quantity of this audit. MAYOR'S REPORT Mayor Engler acknowledged the passing of Tom Rice at the age of 93. Mr. Rice was one of the first welcoming residents for Mayor Engler when he arrived in the area. Mr. Rice Page 8 of 49 was also a past Councilor and member of the House of Representatives from the City. Condolences are sent to his friends and family. The sled dog races are scheduled to begin this weekend. The ceremonial area will be at the Laconia Country Club and the start/finish line will be in the same location as prior years on North Main Street in the clearing across from the Laconia State School property. Specific time information can be found at lrsdc.org. 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 T (d) HB 430 - Expansion of the Veterans' Tax Credit (2) PUBLIC SAFETY AF (a) Fair St/Court St traffic problems and accidents (b) Review of parking concerns on Warren Street Councilor Baer updated the Council on the meeting held this evening at 6:30 p.m. Opinions were taken from the Fire Department, Public Works and residents.The R City Departments have acknowledged that this is a dangerous area and have recommended having no parking in the area requested. The committee has taken this into consideration and recommended to make a "no parking" zone for the short D stretch requested. Motion to make a "no parking" zone from 49 - 86 Warren Street as recommended by staff made by Councilor Baer and seconded by Councilor Doyle. Councilor Hamel commented that a majority of Warren Street residents want there to be a "no parking" zone but another option is to reduce the speed on the hill and post signs that the indicate the site is prohibitive on the hill. Director Andersen advised that there would need to be specific measurements to install the signs and it would be for a lesser distance. Councilor Baer advised that there has been comments from the neighborhood regarding the speed since the street was repaired. A speed of 15 mph is unreasonable and she doesn't feel people will follow this limit. Councilor Doyle added that a concern was raised by the Fire Department regarding access to the street by fire apparatus. If there is an emergency and the apparatus Page 9 of 49  is on either side of the hill they would need to be in the middle of the street if parking is permitted which would in turn create a hazard if someone comes over the hill. Councilor Hamel requested to amend the motion to add warning signs for limited visibility on either side of the hill and to reduce the speed to 15 mph on the street. The amendment was accepted. Councilor Hamel confirmed with Director Andersen that this would not be a redundant action. Councilor Lipman commented that the property owner that will be most effected by this has a disabled person that would visit his home and asked if there is something that can be worked out to accommodate his circumstance. City Manager Myers replied that the City will look into this and understands that the residents parking is limited but it would be reasonable to move the residents vehicle to allow for access by the handicap visitor and to park beyond the "no parking" area. The amended motion to designate a "no parking" zone on both sides of Warren Street from the easterly property line of 49 Warren Street to the westerly property line of 86 Warren Street, to post signs on either side of the hill warning of the T inhibited view and to reduce the speed limit to 15 mph for the area between the posted signs made by Councilor Baer and seconded by Councilor Doyle; the motion passed with all in favor. AF Marc Burrell (68 Warren Street) stated that he doesn't feel that he was given a fair opportunity to speak before having a motion passed. Mayor Engler apologized for him not having the opportunity and assured him that the Councilors were in attendance in the audience for the subcommittee meeting to hear all concerns. M. Burrell was not acceptable of this action and expressed his displeasure to the Council. R (3) GOVERNMENT OPERATIONS and ORDINANCES (a) Review of Chapter 167, Noise and Chapter 161, Licensing as it pertains to outdoor D 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) LIASON REPORT CITIZEN REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Page 10 of 49 MANAGER'S REPORT (1) Other Items City Manager Myers advised that the CAFR is available on the City website and in City Hall. There will be a scheduled motor vehicle software update from February 17, 2017 through February 21, 2017. During this time the City Clerk's Office will not be able to process any motor vehicle transactions but they will be open for all other services. Due to the storm this morning rubbish collection will be delayed by one day this week. City Manager Myers introduced Planning Director Dean Trefethen to the Council. The Laconia Housing Authority has requested a letter of support from the City for a Community Development Block Grant Application that. Executive Director Dick T Weaver reviewed a proposed project to purchase the former Melcher and Prescott Insurance building on the corner of South Main Street and Union Avenue to renovate for senior housing. There was discussion about the needs for senior AF housing, the location of the building being ideal for programs of the Laconia Housing Authority, and the tax status of the Laconia Housing Authority, which is a non-exempt entity that makes payments in lieu of taxes (PILOT) for other properties. The general consensus of the Council was to have the City Manager draft a letter of support for the project from the City. City Manager Myers advised the Council that the parking garage purchase has not R been closed on yet but the new fitness center going into the lower level is looking for signage permission. City Manager Myers would like to do so by administrative approval. The Council has no objections to this request. D (2) Financial and Operational Trends Report City Manager Myers reviewed the report. (3) Monthly Economic Development Update City Manager Myers reviewed the report. NEW BUSINESS (1) First Reading of Resolution RES-2017-01 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $1,680.00 for the Laconia Police Department for the purpose of purchasing school emergency notification software, and request to schedule a Public Hearing on February 27, 2017 during the regular City Council meeting 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. Page 11 of 49  A first reading of Resolution RES-2017-01 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $1,680.00 for the Laconia Police Department for the purpose of purchasing school emergency notification software, and to schedule a public hearing on February 27, 2017 during the regular City Council meeting made by Councilor Bolduc and seconded by Councilor Doyle; the motion passed with all in favor. (2) First Reading of Resolution RES-2017-03 relative to authorizing the City Manager to accept and expend a Homeland Security Grant on behalf of the City in the amount of $6,000.00 for the Laconia Fire Department for the purpose of purchasing EMS Warm Zone equipment, and request to schedule a Public Hearing on February 27, 2017 during the regular City Council meeting. 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 Hamel; the motion passed with all in favor. T A first reading of Resolution RES-2017-03 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $6,000.00 for the Laconia Fire Department for the purpose of purchasing EMS AF Warm Zone equipment, and to schedule a Public Hearing on February 27, 2017 during the regular City Council meeting made by Councilor Baer and seconded by Councilor Hamel; the motion passed with all in favor. (3) Discussion regarding the City owned vendor spaces on the Boardwalk as it relates to renting to food vendors This item was not discussed and will be continued to a future meeting. R (4) Proposed Resolution RES-2017-02 regarding the approval of City streets as Emergency Lanes under RSA 231:59-a D Motion to waive the reading made by Councilor Baer and seconded by Councilor Doyle ; the motion passed with all in favor. Motion to approve resolution RES-2017-02 relative to designating emergency lanes for Bell Street from Chapin Terrace to Franklin Street, the un-named crossover from Durkee Street to Addison Street, Channel Lane from Dead End to Endicott Street, Hillcrest Drive from public highway section to public highway section, Lane Road from Meredith Center Road to Parade Road and Pickerel Pond Road from Meredith Center Road to Parade Road made by Councilor Baer and seconded by Councilor Hamel; the motion passed with all in favor. Councilor Lipman reiterated that this is an interim step and the City will work toward a more permanent solution. UNFINISHED BUSINESS (1) Unsolicited offer to purchase City-owned property at 23 Elm Street (Lakeport Fire Page 12 of 49  Station) and additional parcels in close proximity Mayor Engler advised that the bids were submitted and will be discussed under non-public session this evening. (2) Update on the effort to resolve the issue with maintaining unaccepted and private streets City Manager Myers advised that legal counsel has been consulted and they are working on a legislative solution that is being developed with a subset of legal professionals. Nothing will be introduced this session but will be formulated for the next session. 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. T (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, AF 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 R 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 in to non-public session according to RSA 91-A:3, II (d) made by D Councilor Bolduc and seconded by Councilor Baer. City Clerk Reynolds called the roll with all Councilors responding in the affirmative. The Council entered into non-public session at 9:22 p.m. Motion to come out of non-public session at 9:52 p.m. made by Councilor bolduc and seconded by Councilor Baer; the motion passed with all in favor. Motion to seal the minutes of this non-public session for six (6) months made by Councilor Hamel and seconded by Councilor Bolduc; 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) Page 13 of 49  (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 at 9:53 p.m. by Councilor Baer and seconded by Councilor Bolduc; the motion passed with all in favor. T Respectfully Submitted: Mary A. Reynolds City Clerk AF R D Page 14 of 49  CITY COUNCIL ITEM INFORMATION SHEET DATE SUBMITTED: 2/22/2017 FROM: Scott Myers, City Manager SUBJECT: Public hearing on Resolution RES-2017-01 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $1,680.00 for the Laconia Police Department for the purpose of purchasing school emergency notification software DISCUSSION: Notice of this public hearing was made in the Tuesday, February 21, 2017 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. Page 15 of 49  CITY COUNCIL ITEM INFORMATION SHEET DATE SUBMITTED: 2/22/2017 FROM: Scott Myers, City Manager SUBJECT: Public hearing on Resolution RES-2017-03 relative to authorizing the City Manager to accept and expend a Homeland Security Grant on behalf of the City in the amount of $6,000.00 for the Laconia Fire Department for the purpose of purchasing EMS Warm Zone equipment DISCUSSION: Notice of this public hearing was made in the Tuesday, February 21, 2017 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. Page 16 of 49  CITY COUNCIL ITEM INFORMATION SHEET DATE SUBMITTED: 2/22/2017 FROM: Scott Myers, City Manager SUBJECT: Project Updates Report ATTACHMENTS: Description Type Upload Date File Name Project Updates Report Backup Material 2/24/2017 LACONIA_PROJECT_UPDATES_02- 2017.pdf Page 17 of 49  LACONIA PROJECT UPDATES – February 2017 LACONIA ROAD PROJECTS PROPOSED FOR 2017 Current: DPW continues to meet with Water Works to refine the project list to meet the two departments’ plans. DPW is developing the plans in conjunction with project costs updates on the Lakeside Avenue project to ensure any base project cost overruns can be funded with road project funds. DPW met with Busby Construction on February 23rd to refine road project plans for the construction season. Previous: DPW and Water Works has met to coordinate road projects for the 2017 construction year. Proposed projects by both parties are being reviewed and then a tentative schedule will be developed. The schedule will then be coordinated with the utility companies. The schedule is being developed to ensure sufficient funds are available for the Lakeside Avenue project which is being partially funded from this program. MESSER STREET/DUTILE OIL DRAINAGE Current: Loureiro Engineering and DPW met with representatives from the NH DOT’s Bureau of Rail & Transit. They agreed with adding with a new underground utility crossing location to serve this location and requested us to research the status of the existing crossing behind Dutile Oil. Design and permitting is in progress. Staff is preparing the new utility crossing agreement. Previous: Loureiro Engineering is nearing completion of the design. Based on the design to date, the project requires shoreland and wetland permits as well as permission from NH DOT to cross under their railroad tracks. The Department’s plan is to start construction in July although it may have to be delayed until the permits and railroad crossings are approved. LAKESIDE AVENUE Current: The Temporary Use Agreement has been obtained from NH DOT and the retaining wall has been constructed in the railroad right-of-way. Frozen ground slowed progress on installation of conduit. Eversource has completed pulling approximately 75 % of their cable. Metrocast started pulling cable on February 21st and Fairpoint will start the week of February 27th. Eversource determined that they needed to add an additional 3-phase transformer by New Hampshire Avenue. The DPW coordinated with property owners and found a location for this transformer. Eversource will credit the City the cost of the re-work associated with installing this transformer. The goal is to start removing the old utility poles the week of March 13th. We appear to be on schedule. Eversource informed DPW last month that they underestimated the cost of their portion of the project. Their initial estimate was $311,316 which they have revised to not to exceed $786,000, a difference of $474,684. DPW is monitoring costs closely. Previous: Hand holes have been placed. Eversource, Metrocast, Fairpoint, and the Fire Department will start pulling cables by the first week of February. A delay occurred with construction of one of the retaining walls as the NH DOT Bureau of Rail & Transit reversed their position on an access agreement in the railroad right-of-way. Documentation has been submitted for a Temporary Use Agreement that will allow the construction of the retaining wall pending a final agreement for the wall to be in the railroad right of way. Eversource has requested a meeting to discuss a cost increase in their part of the project. City Manager’s Project Update Report Page 1 Page 18 of 49 LACONIA DOWNTOWN TIF DISTRICT Current: The next Downtown TIF Advisory Board meeting is scheduled for early March. See information in the TAP Grant item of this update relating to TIF funded Riverwalk projects in the Downtown. Previous: The Downtown TIF Advisory Board recently held meetings on January 5th and January 10th. The January 5th meeting focused on the issues surrounding the Downtown Parking Garage and the City Manager provided the Advisory Board with the latest information. The Advisory Board and some members of the public expressed concerns about amount of time it was taking to develop a plan for the garage and how parking in the Downtown area was an important issue that needs to be resolved to help keep the positive momentum of development occurring. At the January 10th meeting of the Downtown TIF Advisory Board, the discussion revolved around the Downtown Parking Garage issue and how the Advisory Board could play a role with providing input and options to the City Council. WEIRS TIF DISTRICT Current: The Weirs TIF Advisory Board met on February 1st. Updates and discussion on the Lakeside Avenue improvement project occurred and included the status of the underground conduit, cable pulling, placement of sector cabinets, ornamental light poles, banner brackets, removal of existing utility poles, crosswalk installation, road markings and parking kiosks. Anticipated timelines for various components of the project were also presented. The next meeting is scheduled for April 20th. Previous: Next meeting is scheduled for February 1st. WINNIPESAUKEE RIVER BASIN PROJECT Current: The impact of the proposed legislative action to add the value of the underground infrastructure to the funding level requirements of the WRBP’s capital account was not quantified. Thus, the Advisory Board asked that the legislation be tabled until the next session to give WRBP staff and the Advisory Board time to analyze the cost impact to member communities if the proposed bill becomes law. The Legislative Committee tabled the bill per request. The Board also received its reply from DES on its question if the property associated with the system could be transferred to a community operated authority at no cost. DES informed the Board that the property would have to be divested under the existing laws, which is the process underway for the Laconia State School property. The Advisory Board is considering taking action to obtain Legislative approval to transfer the property at no cost. Before it starts this process the Board is asking their Board members to obtain the position of their governing bodies on creating a separate authority to determine the level of support for the effort. Previous: The Advisory Board has not met since November 2016. The next meeting is scheduled for Jan.19, 2017. Advisory Board members have been reviewing a NH bill that changes the funding level for the WRBP’s capital account. Previously the funding level did not include funds to repair or replace their underground collection system. The proposed bill will include these systems in the funding level calculations. The proposed bill will be discussed at the Jan.19th meeting. WEIRS BEACH RESTORATION Current: City staff and the City’s engineering consultant Woods Hole Group met with NHDES officials on February 10th. This meeting served as one of several expected Wetland Permit pre- applications meetings with NHDES to discuss permit requirements, project elements and City Manager’s Project Update Report Page 2 Page 19 of 49 expectations of the State of NH. The next meeting with NHDES is expected sometime in March. Previous: A permit pre-application meeting with NHDES, Woods Hole Group and City staff is being scheduled for the beginning of February to determine specific requirements relating to the design and construction. ZONING TASK FORCE Current: Planning Board will hold a public hearing on the proposed Accessory Dwelling Unit ordinance at the March meeting. Previous: ZTF Chair Suzanne Perley plans to present the proposed Accessory Dwelling Unit changes to the Planning Board in February. DOWNTOWN WAYFINDING Current: No update. Previous: Parks and Recreation and DPW have scheduled a meeting on January 23rd to discuss wayfinding signage design for areas of the WOW Trail and Downtown. LACONIA HEART AND SOUL MASTER PLAN UPDATE Current: Members of a new Master Plan committee have been identified from both the City Council and Planning Board. The remaining members need to identified and appointed and the committee can start work. Previous: The Planning Board and City Council have both expressed their desire to move forward with working on the Master Plan with a committee of members from both Boards. The Land Use and Vision chapters will likely be the main focus of the committee as it begins meeting. Chapters remaining include Land Use, Housing, Community Services & Facilities, and Historic & Cultural Resources. MEMORIAL PARK IMPROVEMENTS Current: No update. Previous: The new bleacher system at the Memorial Park Softball Field was installed in December and is now complete. Parks and Recreation is proposing a new park sign that will be partially funded from donations. TRANSPORTATION ALTERNATIVES GRANT (TAP) Current: After consultation with Public Works, Planning, Parks & Facilities, and the City Manager, the City pulled out of the grant program. The main reason is that the extra costs incurred by meeting federal requirements significantly increased the cost of the project and made our 49% match difficult to achieve. Projects in the Downtown TIF District will still be City Manager’s Project Update Report Page 3 Page 20 of 49 performed utilizing the services of HEB Engineering. The survey detail obtained on Opechee Street and Winter Street will still be useful for the City. Previous: Opechee Street survey detail has been completed and provided to the engineers. Design is underway. DES WATERSHED ASSISTANCE GRANT Current: DPW is working on a Shoreland permit application to install porous concrete panels in the Endicott Park parking lot. Previous: No update. LEAVITT PARK TENNIS COURTS Current: Advertising for bids will occur the week of March 6th. Construction is expected in the spring. Previous: No update. New court construction is planned for Spring 2017. City Manager’s Project Update Report Page 4 Page 21 of 49  CITY COUNCIL ITEM INFORMATION SHEET DATE SUBMITTED: 2/14/2017 FROM: Kevin Dunleavy, Director of Recreation & Facilities SUBJECT: First reading of Resolution RES-2017-04 relative to authorizing the City Manager to accept and expend donations on behalf of the City in the amount of $736.00 for a memorial bench at the Weirs Community Park and to schedule a public hearing on March 13, 2017 during the regular City Council meeting DISCUSSION: The Four Seasons Association and the Weirs Community Park Association would like to donate funds to the City for the purpose of installing a memorial bench at the Weirs Community Park. The Four Seasons Association would like to donate $500.00 and the Weirs Community Park Association would like to donate $236.00. REQUESTED ACTION: Proposed motion #1: "I move to waive the reading of this Resolution in its entirety and to read by title only." Proposed motion #2: "I move a first reading of Resolution RES-2017-04 relative to authorizing the City Manager to accept and expend donations on behalf of the City in the amount of $736.00 for a memorial bench at the Weirs Community Park and to schedule a public hearing on March 13, 2017 during the regular City Council meeting." ATTACHMENTS: Description Type Upload Date File Name Resolution RES-2017- Resolution Letter 2/22/2017 RES-2017- 04 04_Weirs_Community_Park_Bench.pdf Page 22 of 49 RESOLUTION RES-2017-04 CITY OF LACONIA In the Year of Our Lord two thousand and seventeen A RESOLUTION RELATIVE TO AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXPEND DONATIONs ON BEHALF OF THE CITY IN AN AMOUNT OF $736 FOR A MEMORIAL BENCH AT THE WEIRS COMMUNITY PARK Resolved by the City Council of the City of Laconia as follows: WHEREAS, the Laconia City Charter, Section 5:06, requires the Council to designate the source of any money appropriated after the budget is adopted; and WHEREAS, on occasion donations will be made available to the City for various projects or areas of interest that are beneficial to the City and its residents; and NOW THEREFORE, the City Manager is hereby authorized, on behalf of the City, to accept and expend donations from Four Seasons Association of $500 and Weirs Community Park Association of $236, for a total donation of $736, the a memorial bench at the Weirs Community Park. The City Council further authorizes the establishment of a separate account(s) for a distinctly stated, public purpose that is not foreign to the City or incompatible with the objective of its organization. The City Manager shall be the designated agent of the Council to carry out the objectives set forth herein. This Resolution shall take effect after two readings and upon its passage. Edward Engler, Mayor Passed and approved this 13th day of March, 2017 Mary Reynolds, City Clerk Page 23 of 49  CITY COUNCIL ITEM INFORMATION SHEET DATE SUBMITTED: 2/22/2017 FROM: Scott Myers, City Manager SUBJECT: First Reading of Resolution RES-2017-05 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $13,784.00 for the Department of Environmental Services Exotic Species Program exotic aquatic plant control project and request to schedule a Public Hearing on March 13, 2017 during the regular City Council meeting DISCUSSION: The grant agreement is attached as backup information. A copy of the grant agreement is available for review in the City Manager's Office. REQUESTED ACTION: Proposed motion #1: "Motion to waive the reading of this Resolution in its entirety and to read by title only." Proposed motion #2: "Motion to approve a first reading of Resolution RES-2017-05 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $13,784.00 for the Department of Environmental Services Exotic Species Program exotic aquatic plant control project and request to schedule a Public Hearing on March 13, 2017 during the regular City Council meeting." ATTACHMENTS: Description Type Upload Date File Name Grant Agreement Backup Material 2/23/2017 Winni-Laconia_Grant_Agreement_Milfoil.pdf RES 2017-05 Resolution Letter 2/23/2017 RES-2017- 5_DES_Exotic_Species_Program_Grant.pdf Page 24 of 49 Subject: Control of variable milfoil in portions of Paugus Bay, Lake Winnipesaukee, Laconia GRANT AGREEMENT The State of New Hampshire and the Grantee hereby mutually agree as follows: GENERAL PROVISIONS 1. IDENTIFICATIONS 1.1 State Agency Name 1.2 State Agency Address Department of Environmental Services 29 Hazen Drive Concord, NH 03301 1.3 Grantee Name: 1.4 Grantee Address City of Laconia 45 Beacon St. East Laconia, NH 03246 1.5 Effective Date 1.6 Completion Date 1.7 Audit Date 1.8 Grant Limitation Upon Commissioner December 31, 2017 N/A $13,784.00 approval 1.9 Grant Officer for State Agency 1.10 State Agency Telephone Number Amy P. Smagula 603-271-2248 1.11 Grantee Signature 1.12 Name & Title of Grantee Signor 1.13 Acknowledgment: State of _________________________, County of ___________________________ On / / , before the undersigned officer, personally appeared the person identified in block 1.12., or satisfactorily proven to be the person whose name is signed in block 1.11., and acknowledged that s/he executed this document in the capacity indicated in block 1.12. 1.13.1 Signature of Notary Public or Justice of the Peace (Seal) 1.13.2 Name & Title of Notary Public or Justice of the Peace 1.14 State Agency Signature(s) 1.15 Name/Title of State Agency Signor(s) 1.16 Approval by Attorney General’s Office (Form, Substance and Execution) By: Attorney, On: / / 1.17 Approval by the Governor and Council By: On: / / Page 1 of 4 Contractor Initials__________ Date__________ Page 25 of 49 2. SCOPE OF WORK. In exchange for grant funds with all statutes, laws, regulations, and orders of federal, provided by the state of New Hampshire, acting through state, county, or municipal authorities which shall the agency identified in block 1.1 (hereinafter referred impose any obligations or duty upon the Grantee, to as “the State”), pursuant to RSA 21-O, the Grantee including the acquisition of any and all necessary identified in block 1.3 (hereinafter referred to as “the permits. Grantee”), shall perform that work identified and more 7. RECORDS AND ACCOUNTS. particularly described in the scope of work attached 7.1 Between the Effective Date and the date seven (7) hereto as EXHIBIT A (the scope of work being referred years after the Completion Date the Grantee shall keep to as “the Project”). detailed accounts of all expenses incurred in connection 3. AREA COVERED. Except as otherwise with the Project, including, but not limited to, costs of specifically provided for herein, the Grantee shall administration, transportation, insurance, telephone perform the Project in, and with respect to, the state of calls, and clerical materials and services. Such accounts New Hampshire. shall be supported by receipts, invoices, bills and other 4. EFFECTIVE DATE; COMPLETION OF similar documents. PROJECT. 7.2 Between the Effective Date and the date seven (7) 4.1 This Agreement, and all obligations of the parties years after the Completion Date, at any time during the hereunder, shall become effective on the date in block Grantee’s normal business hours, and as often as the 1.5 or on the date of approval of this Agreement by the State shall demand, the Grantee shall make available to Governor and Council of the State of New Hampshire the State all records pertaining to matters covered by whichever is later (hereinafter referred to as “the this Agreement. The Grantee shall permit the State to Effective Date”). audit, examine, and reproduce such records, and to 4.2 Except as otherwise specifically provided for herein, make audits of all contracts, invoices, materials, the Project, including all reports required by this payrolls, records or personnel, data (as that term is Agreement, shall be completed in ITS entirety prior to hereinafter defined), and other information relating to the date in block 1.6 (hereinafter referred to as “the all matters covered by this Agreement. As used in this Completion Date”). paragraph, “Grantee” includes all persons, natural or 5. GRANT AMOUNT; LIMITATION ON fictional, affiliated with, controlled by, or under AMOUNT; VOUCHERS; PAYMENT. common ownership with, the entity identified as the 5.1 The Grant Amount is identified and more Grantee in block 1.3 of these general provisions. particularly described in EXHIBIT B, attached hereto. 8. PERSONNEL. 5.2 The manner of, and schedule of payment shall be as 8.1 The Grantee shall, at its own expense, provide all set forth in EXHIBIT B. personnel necessary to perform the Project. The 5.3 In accordance with the provisions set forth in Grantee warrants that all personnel engaged in the EXHIBIT B, and in consideration of the satisfactory Project shall be qualified to perform such Project, and performance of the Project, as determined by the State, shall be properly licensed and authorized to perform and as limited by subparagraph 5.5 of these general such Project under all applicable laws. provisions, the State shall pay the Grantee the Grant 8.2 The Grantee shall not hire, and it shall not permit Amount. The State shall withhold from the amount any subcontractor, subgrantee, or other person, firm or otherwise payable to the Grantee under this corporation with whom it is engaged in a combined subparagraph 5.3 those sums required, or permitted, to effort to perform such Project, to hire any person who be withheld pursuant to N.H. RSA 80:7 through 7-c. has a contractual relationship with the State, or who is a 5.4 The payment by the State of the Grant amount shall State officer or employee, elected or appointed. be the only, and the complete, compensation to the 8.3 The Grant officer shall be the representative of the Grantee for all expenses, of whatever nature, incurred State hereunder. In the event of any dispute hereunder, by the Grantee in the performance hereof, and shall be the interpretation of this Agreement by the Grant the only, and the complete, compensation to the Grantee Officer, and his/her decision on any dispute, shall be for the Project. The State shall have no liabilities to the final. Grantee other than the Grant Amount. 9. DATA: RETENTION OF DATA; ACCESS. 5.5 Notwithstanding anything in this Agreement to the 9.1 As used in this Agreement, the word “data” shall contrary, and notwithstanding unexpected mean all information and things developed or obtained circumstances, in no event shall the total of all payments during the performance of, or acquired or developed or authorized, or actually made, hereunder exceed the obtained during the performance of, or acquired or Grant limitation set forth in block 1.8 of these general developed by reason of, this Agreement, including, but provisions. not limited to, all studies, reports, files, formulae, 6. COMPLIANCE BY GRANTEE WITH LAWS surveys, maps, charts, sound recordings, video AND REGULATIONS. In connection with the recordings, pictorial reproductions, drawings, analyses, performance of the Project, the Grantee shall comply graphic representations, computer programs, computer printouts, notes, letters, memoranda, papers, and Page 2 of 4 Contractor Initials__________ Date__________ Page 26 of 49 documents, all whether finished or unfinished. portion of the Grant Amount which would otherwise 9.2 Between the Effective Date and the Completion accrue to the grantee during the period from the date of Date the Grantee shall grant to the State, or any person such notice until such time as the State determines that designated by it, unrestricted access to all data for the Grantee has cured the Event of Default shall never examination, duplication, publication, translation, sale, be paid to the Grantee; and disposal, or for any other purpose whatsoever. 11.2.3 set off against any other obligation the State may 9.3 No data shall be subject to copyright in the United owe to the Grantee any damages the State suffers by States or any other country by anyone other than the reason of any Event of Default; and State. 11.2.4 treat the agreement as breached and pursue any 9.4 On and after the Effective Date all data, and any of its remedies at law or in equity, or both. property which has been received from the State or 12. TERMINATION. purchased with funds provided for that purpose under 12.1 In the event of any early termination of this this Agreement, shall be the property of the State, and Agreement for any reason other than the completion of shall be returned to the State upon demand or upon the Project, the Grantee shall deliver to the Grant termination of this Agreement for any reason, whichever Officer, not later than fifteen (15) days after the date of shall first occur. termination, a report (hereinafter referred to as the 9.5 The State, and anyone it shall designate, shall have “Termination Report”) describing in detail all Project unrestricted authority to publish, disclose, distribute and Work performed, and the Grant Amount earned, to and otherwise use, in whole or in part, all data. including the date of termination. 10. CONDITIONAL NATURE OR AGREEMENT. 12.2 In the event of Termination under paragraphs 10 or Notwithstanding anything in this Agreement to the 12.4 of these general provisions, the approval of such a contrary, all obligations of the State hereunder, Termination Report by the State shall entitle the Grantee including without limitation, the continuance of to receive that portion of the Grant amount earned to payments hereunder, are contingent upon the availability and including the date of termination. or continued appropriation of funds, and in no event 12.3 In the event of Termination under paragraphs 10 or shall the State be liable for any payments hereunder in 12.4 of these general provisions, the approval of such a excess of such available or appropriated funds. In the Termination Report by the State shall in no event relieve event of a reduction or termination of those funds, the the Grantee from any and all liability for damages State shall have the right to withhold payment until such sustained or incurred by the State as a result of the funds become available, if ever, and shall have the right Grantee’s breach of its obligations hereunder. to terminate this Agreement immediately upon giving 12.4 Notwithstanding anything in this Agreement to the the Grantee notice of such termination. contrary, either the State or except where notice default 11. EVENT OF DEFAULT; REMEDIES. has been given to the Grantee hereunder, the Grantee, 11.1 Any one or more of the following acts or omissions may terminate this Agreement without cause upon thirty of the Grantee shall constitute an event of default (30) days written notice. hereunder (hereinafter referred to as “Events of 13. CONFLICT OF INTEREST. No officer, member Default”): or employee of the Grantee and no representative, 11.1.1 failure to perform the Project satisfactorily or on officer of employee of the State of New Hampshire or schedule; or of the governing body of the locality or localities in 11.1.2 failure to submit any report required hereunder; which the Project is to be performed, who exercises any or functions or responsibilities in the review or approval of 11.1.3 failure to maintain, or permit access to, the the undertaking or carrying out of such Project, shall records required hereunder; or participate in any decision relating to this Agreement 11.1.4 failure to perform any of the other covenants and which affects his or her personal interests or the interest conditions of this Agreement. of any corporation, partnership, or association in which 11.2 Upon the occurrence of any Event of Default, the he or she is directly or indirectly interested, nor shall he State may take any one, or more, or all, of the following or she have any personal or pecuniary interest, direct or actions: indirect, in this Agreement or the proceeds thereof. 11.2.1 give the Grantee a written notice specifying the 14. GRANTEE’S RELATION TO THE STATE. In Event of Default and requiring it to be remedied within, the performance of this Agreement, the Grantee, its in the absence of a greater or lesser specification of employees, and any subcontractor or subgrantee of the time, thirty (30) days from the date of the notice; and if Grantee are in all respects independent contractors, and the Event of Default is not timely remedied, terminate are neither agents nor employees of the State. Neither this Agreement, effective two (2) days after giving the the Grantee nor any of its officers, employees, agents, Grantee notice of termination; and members, subcontractors or subgrantees, shall have 11.2.2 give the Grantee a written notice specifying the authority to bind the State nor are they entitled to any of Event of Default and suspending all payments to be the benefits, workmen’s compensation or emoluments made under this Agreement and ordering that the provided by the State to its employees. Page 3 of 4 Contractor Initials__________ Date__________ Page 27 of 49 15. ASSIGNMENT AND SUBCONTRACTS. The parties at the addresses first above given. Grantee shall not assign, or otherwise transfer any 20. AMENDMENT. This agreement may be amended, interest in this Agreement without the prior written waived or discharged only by an instrument in writing consent of the State. None of the Project Work shall be signed by the parties hereto and only after approval of subcontracted or subgranteed by the Grantee other than such amendment, waiver or discharge by the Governor as set forth in Exhibit A without the prior written and Council of the State of New Hampshire. consent of the State. 21. CONSTRUCTION OF AGREEMENT AND 16. INDEMNIFICATION. The Grantee shall defend, TERMS. This Agreement shall be construed in indemnify and hold harmless the State, its officers and accordance with the law of the State of New Hampshire, employees, from and against any and all losses suffered and is binding upon and inures to the benefit of the by the State, its officers and employees, and any and all parties and their respective successors and assignees. claims, liabilities or penalties asserted against the State, The captions and contents of the “subject” blank are its officers and employees, by or on behalf of any used only as a matter of convenience, and are not to be person, on account of, based on, resulting from, arising considered a part of this Agreement or to be used in out of (or which may be claimed to arise out of) the acts determining the intent of the parties hereto. or omissions of the Grantee of Subcontractor, or 22. THIRD PARTIES. The parties hereto do not subgrantee or other agent of the Grantee. intend to benefit any Notwithstanding the foregoing, nothing herein third parties and this Agreement shall not be construed contained shall be deemed to constitute a waiver of the to confer any such benefit. sovereign immunity of the State, which immunity is 23. ENTIRE AGREEMENT. This Agreement, which hereby reserved to the State. This covenant shall may be executed in a number of counterparts, each of survive the termination of this agreement. which shall be deemed an original, constitutes the entire 17. INSURANCE AND BOND. agreement and understanding between the parties, and 17.1 The Grantee shall, at its sole expense, obtain and supersedes all prior agreements and understandings maintain in force, or shall require any subcontractor, relating hereto. subgrantee or assignee performing Project work to obtain and maintain in force, both for the benefit of the State, the following insurance: 17.1.1 statutory workers’ compensation and employees liability insurance for all employees engaged in the performance of the Project, and 17.1.2 comprehensive public liability insurance against all claims of bodily injuries, death or property damage, in amounts not less than $2,000,000 for bodily injury or death any one incident, and $500,000 for property damage in any one incident; and 17.2 The policies described in subparagraph 18.1 of this paragraph shall be the standard form employed in the State of New Hampshire, issued by underwriters acceptable to the State, and authorized to do business in the State of New Hampshire. Each policy shall contain a clause prohibiting cancellation of modification of the policy earlier than ten (10) days after written notice has been received by the State. 18. WAIVER OF BREACH. No failure by the State to enforce any provisions hereof after any Event of Default shall be deemed a waiver of its rights with regard to that Event, or any subsequent Event. No express waiver of any Event of Default shall be deemed a waiver of any provisions hereof. No such failure or waiver shall be deemed a waiver of the right of the State to enforce each and all of the provisions hereof upon any further or other default on the part of the Grantee. 19. NOTICE. Any notice by a party hereto the other party shall be deemed to have been duly delivered or given at the time of mailing by certified mail, postage prepaid, in a United States Post Office addressed to the Page 4 of 4 Contractor Initials__________ Date__________ Page 28 of 49 RESOLUTION RES-2017-05 CITY OF LACONIA In the Year of Our Lord two thousand and seventeen A RESOLUTION RELATIVE TO AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXPEND GRANTS ON BEHALF OF THE CITY IN THE AMOUT OF $13,784 FOR THE DES EXOTIC AQUATIC PLANT CONTROL PROJECT Resolved by the City Council of the City of Laconia as follows: WHEREAS, the Laconia City Charter, Section 5:06, requires the Council to designate the source of any money appropriated after the budget is adopted; and WHEREAS, on occasion grants will be made to the City for various projects or areas of interest that are beneficial to the City and its residents; and WHEREAS, the City has been given application for a Department of Environmental Services (DES) Diver/Diver Assisted Suction Harvesting (DASH) Grant in the amount of $13,784.00 for an Exotic Aquatic Plant Control Project in portions of Paugus Bay NOW THEREFORE, the City Manager is hereby authorized, on behalf of the City, to accept and expend a grant in the amount of $13,784.00 for the DES Exotic Aquatic Plant Control Project. The City Council further authorizes the establishment of a separate account(s) for a distinctly stated, public purpose that is not foreign to the City or incompatible with the objective of its organization. The City Manager shall be the designated agent of the Council to carry out the objectives set forth herein. This Resolution shall take effect after two readings and upon its passage. Edward Engler, Mayor Passed and approved this ___ day of March, 2017 Mary Reynolds, City Clerk 1 Page 29 of 49  CITY COUNCIL ITEM INFORMATION SHEET DATE SUBMITTED: 2/22/2017 FROM: Scott Myers, City Manager SUBJECT: Second reading of Resolution RES-2017-01 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $1,680.00 for the Laconia Police Department for the purpose of purchasing school emergency notification software DISCUSSION: The Laconia Police Department has been given application for Emergency Management Performance Grant (EMPG) EMB-2016-EP-0001-S01 in the amount of $1,680.00. A municipal match of $1,680.00 is required; this is a cash match that will be funded out of the Police Department budget. Grant funds will be used to purchase and install school emergency notification software on twelve (12) Police Department devices. A copy of the entire grant agreement is on file in the City Manager's Office. REQUESTED ACTION: Proposed motion: "I move a second reading of Resolution RES-2017-01 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $1,680.00 for the Laconia Police Department for the purpose of purchasing school emergency notification software." ATTACHMENTS: Description Type Upload Date File Name RES 2017-01 Backup Material 2/22/2017 RES-2017- 01_Emergency_Management_Performance_Grant.pdf Emergency Management Backup Material 2/22/2017 Emergency_Management_Performance_Grant.pdf Performance Grant Information Page 30 of 49 RESOLUTION RES-2017-01 CITY OF LACONIA In the Year of Our Lord two thousand and seventeen A RESOLUTION RELATIVE TO AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXPEND A GRANT ON BEHALF OF THE CITY IN THE AMOUNT OF $1,680.00 FOR EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) EMB-2016-EP- 0001-S01 FOR SCHOOL EMERGENCY NOTIFICATION SOFTWARE Resolved by the City Council of the City of Laconia as follows: WHEREAS, the Laconia City Charter, Section 5:06, requires the Council to designate the source of any money appropriated after the budget is adopted; and WHEREAS, on occasion grants will be made available to the City for various projects or areas of interest that are beneficial to the City and its residents; and WHEREAS, the Laconia Police Department has been given application for Emergency Management Performance Grant (EMPG) EMB-2016-EP-0001-S01 in the amount of $1,680.00. A municipal match of $1,680.00 is required; this is a cash match that will be funded out of the Police Department budget. Grant funds will be used to purchase and install school emergency notification software on twelve (12) Police Department devices. NOW THEREFORE, the City Manager is hereby authorized, on behalf of the City, to accept and expend a donation in the amount of $1,680.00 for Emergency Management Performance Grant (EMPG) EMB-2016-EP-0001-S01. The City Council further authorizes the establishment of a separate account(s) for a distinctly stated, public purpose that is not foreign to the City or incompatible with the objective of its organization. The City Manager shall be the designated agent of the Council to carry out the objectives set forth herein. This Resolution shall take effect after two readings and upon its passage. Edward Engler, Mayor Passed and approved this ___ day of February, 2017 Mary Reynolds, City Clerk Page 31 of 49 Page 32 of 49 Page 33 of 49 Page 34 of 49 Page 35 of 49  CITY COUNCIL ITEM INFORMATION SHEET DATE SUBMITTED: 2/22/2017 FROM: Scott Myers, City Manager SUBJECT: Second reading of Resolution RES-2017-03 relative to authorizing the City Manager to accept and expend a Homeland Security Grant on behalf of the City in the amount of $6,000.00 for the Laconia Fire Department for the purpose of purchasing EMS Warm Zone equipment DISCUSSION: The City of Laconia Fire Department has been given application for a Homeland Security Grant in the amount of $6,000.00 There is no municipal match required. Grant funds will be used to purchase EMS Warm Zone equipment. A copy of the entire grant agreement is on file in the City Manager's Office. REQUESTED ACTION: Proposed motion: "I move a second reading of Resolution RES-2017-03 relative to authorizing the City Manager to accept and expend a Homeland Security Grant on behalf of the City in the amount of $6,000.00 for the Laconia Fire Department for the purpose of purchasing EMS Warm Zone equipment." ATTACHMENTS: Description Type Upload Date File Name RES 2017-03 Backup 2/22/2017 RES-2017- Material 03_Fire_Department_Homeland_Security_Grant.pdf Homeland Backup Security Grant Material 2/22/2017 Fire_Department_Homeland_Security_Grant.pdf Information Homeland Backup Security Grant Material 2/22/2017 Homeland_Security_Fire_Department_Grant_Application.pdf Application Page 36 of 49 RESOLUTION RES-2017-03 CITY OF LACONIA In the Year of Our Lord two thousand and seventeen A RESOLUTION RELATIVE TO AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXPEND A HOMELAND SECURITY GRANT ON BEHALF OF THE CITY IN THE AMOUNT OF $6,000.00 FOR EMS WARM ZONE EQUIPMENT Resolved by the City Council of the City of Laconia as follows: WHEREAS, the Laconia City Charter, Section 5:06, requires the Council to designate the source of any money appropriated after the budget is adopted; and WHEREAS, on occasion grants will be made available to the City for various projects or areas of interest that are beneficial to the City and its residents; and WHEREAS, the City of Laconia Fire Department has been given application for a Homeland Security Grant in the amount of $6,000.00. There is no municipal match required. Grant funds will be used to purchase EMS Warm Zone equipment. NOW THEREFORE, the City Manager is hereby authorized, on behalf of the City, to accept and expend a donation in the amount of $6,000.00 for EMS Warm Zone Equipment. The City Council further authorizes the establishment of a separate account(s) for a distinctly stated, public purpose that is not foreign to the City or incompatible with the objective of its organization. The City Manager shall be the designated agent of the Council to carry out the objectives set forth herein. This Resolution shall take effect after two readings and upon its passage. Edward Engler, Mayor Passed and approved this ___ day of February, 2017 Mary Reynolds, City Clerk Page 37 of 49 Page 38 of 49 Page 39 of 49 Page 40 of 49 Page 41 of 49 Page 42 of 49 Page 43 of 49 Page 44 of 49 Page 45 of 49 Page 46 of 49 Page 47 of 49  CITY COUNCIL ITEM INFORMATION SHEET DATE SUBMITTED: 2/22/2017 FROM: Scott Myers, City Manager SUBJECT: Unsolicited offer to purchase City-owned property at 23 Elm Street (Lakeport Fire Station) and additional parcels in close proximity Page 48 of 49  CITY COUNCIL ITEM INFORMATION SHEET DATE SUBMITTED: 2/22/2017 FROM: Scott Myers, City Manager SUBJECT: Discussion regarding the City owned vendor spaces on the Boardwalk as it relates to renting to food vendors DISCUSSION: At the January 9, 2017 City Council meeting concerns were brought forward by Attorney Joe Driscoll on behalf of the Ames Family. These concerns focused on the effects of food vendors, including crowd control and the large structures that are used to contain the necessary equipment, and the blocked visual access to the Winnipesaukee Marketplace and other establishments in the immediate area. Councilor Bolduc requested a discussion of the concerns of the Ames Family and other restaurant owners. Representatives for the Ames Family were not present at the February 13, 2017 meeting and this agenda item was continued to a future meeting. Page 49 of 49