City Council

CITY OF LACONIA - CITY COUNCIL Monday, March 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 David Bownes 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, Brenda Baer, Bob Hamel and Armand Bolduc. Mayor Engler noted that all five (5) 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) Regular and non-public meeting minutes of February 27, 2017 The regular meeting minutes were distributed by the City Clerk on March 3, 2017.One correction was received from Councilor Baer and the minutes were redistributed on March 9, 2017. The non-public meeting minutes were distributed by Councilor Doyle. No corrections or changes were received. If there are no further corrections or changes the minutes were accepted as distributed. CONSENT AND ACTION CALENDAR (1) Request from Laconia Kiwanis Club to fundraise at Rotary Park on August 27, 2017 from 8 am to 3 pm The Laconia Kiwanis Club is seeking approval to raise funds at Rotary Park for "Roger's Ride" on August 27, 2017 from 8 am to 3 pm. This request has been approved by the Parks and Recreation Commission.  This item is being brought to the Council for approval in accordance with Chapter 59-7 of the City Code, item 1 "Facility use request with fundraising on City park land that anticipate revenues of over $2,000" Motion to approve the request as presented made by Councilor Baer and seconded by Councilor Hamel; the motion passed with all in favor. (2) Request from the National MS Society to fundraise at Opechee Park on September 16, 2017 from 7:30 am to 2 pm The National MS Society is seeking approval to raise funds at Opechee Park on September 16, 2017 from 7:30 am to 2 pm. This request was approved by the Parks and Recreation Commission. This item is being brought to the Council for approval in accordance with Chapter 59-7 of the City Code, item 1 "Facility use request with fundraising on City park land that anticipate revenues of over $2,000" Motion to approve the request as presented made by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Tracie Fitzpatrick (20 Shane Way) addressed the Council regarding the chemical testing conducted on the City water supply and the lab at which the testing is conducted by the Department of Environmental Services. Additionally, she wanted to ensure that chromium is being tested for. Mayor Engler advised that this is a Water Commission question and this was confirmed by City Manager Myers. T. Fitzpatrick commented that she feels this is a concern to the public health which is not just the responsibility of the Water Commission. INTERVIEWS Interviews of those individuals applying for appointment or reappointment to various Boards and Commissions will be held at this meeting; appointments will be made at the Council's March 27, 2017 meeting. All applicants were requested to submit a questionnaire before the meeting for Council review. (1) Marie Bradley - Seeking appointment to a regular position on the Library Board of Trustees for a three-year term expiring at the end of March, 2020 M. Bradley was interviewed. (2) Linda Phelps - Seeking reappointment to an alternate position on the Library Board of Trustees for a one-year term expiring at the end of March, 2018 L. Phelps was not in attendance. (3) Nadine Jordan - Seeking reappointment to an alternate position on the Library Board of Trustees for a one-year term expiring at the end of March, 2018 N. Jordan was not in attendance. (4) Charles M. Bradley, III, Esq. - Seeking reappointment to a regular position on the Putnam Fund for a five-year term expiring at the end of March, 2022 C. Bradley was interviewed. (5) Jim Rogato - Seeking reappointment to a regular position on the Licensing Board for a three-year term expiring at the end of March, 2020 J. Rogato was interviewed. (6) Dennis Robitaille - Seeking reappointment to an "at-large" position on the Building Code Board of Appeals for a five-year term expiring at the end of March, 2022 D. Robitaille has removed his application. (7) Robert H. Durfee - Seeking reappointment to an "at-large" position on the Building Code Board of Appeals for a five-year term expiring at the end of March, 2022 R. Durfee was interviewed. (8) Mitch Hamel - Seeking reappointment to a regular position on the Parks and Recreation Commission to a three-year term expiring at the end of March, 2020 M. Hamel was interviewed. (9) John Vendola - Seeking appointment to a "public member" position on the Highway Safety Commission for a three-year term expiring at the end of March, 2020 J. Vendola was interviewed. (10) Kimon Koulet - Seeking appointment to a "public member" position on the Highway Safety Commission for a three-year term expiring at the end of March, 2020 K. Koulet was interviewed. (11) Tracie Fitzpatrick - Seeing appointment to an alternate position on the Planning Board for a three-year term expiring at the end of June, 2020 Councilor Lipman joined the meeting at 7:30 p.m. T. Fitzpatrick was interviewed. (12) Tracie Fitzpatrick - Seeing appointment to an regular position on the Conservation Commission for a three-year term expiring at the end of August, 2020 T. Fitzpatrick was interviewed. (13) Catherine Tokarz - Seeking reappointment to a regular member position on the Heritage Commission C. Tokarz was interviewed. (14) Mary Ellen Boudman - Seeking appointment to a regular position on the Heritage Commission M. Boudman was interviewed. (15) Dorothy Duffy - Seeking reappointment to a regular position on the Heritage  Commission D. Duffy was not in attendance. (16) Mary Jane Hoey - Seeing reappointment to a regular position on the Heritage Commission M. Hoey was interviewed. COMMUNICATIONS PUBLIC HEARING (1) 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 a the Weirs Community Park Notice of this public hearing was made in the Wednesday, March 1, 2017 edition of the Laconia Daily Sun, at City Hall, the Gail Memorial Library, the Laconia Community Center, and the offices of the Laconia School District. Mayor Engler opened the public hearing at 7:44 p.m. With no members of the public wishing to speak Mayor Engler closed the public hearing at 7:45 p.m. This item will be taken up this evening under Unfinished Business. (2) 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 Notice of this public hearing was made in the Wednesday, March 1, 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. Mayor Engler opened the public hearing at 7:46 p.m. T. Fitzpatrick spoke about her concerns in treating milfoil with chemicals that could be toxic to aquatic animals and humans. With no further public comments Mayor Engler closed the public hearing at 7:48 p.m. This item will be taken up this evening under Unfinished Business. PRESENTATIONS MAYOR'S REPORT COMMITTEE REPORTS *Not all items in this section may be acted on. Reports and updates will be made when necessary. (1) FINANCE A meeting was held on Tuesday, March 7, 2017 regarding the financing of the LED street lights. Councilor Lipman reported on the bids that were received.  (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) PUBLIC WORKS (a) Downtown parking garage (b) Repair & maintenance of City Buildings (c) Former Lakeport Fire Station (23 Elm Street) Mayor Engler asked if this item could be removed from the agenda. Councilor Bolduc stated that it should remain on the agenda until the closing on the property. LIASON REPORT Councilor Bownes reported that the Planning Board held a public hearing on March 7, 2017 regarding the proposed change of uses in the Commercial Resort Zone. The Planning Board adopted the proposal and it will be coming back before the Council for consideration with the recommendation to hold a public hearing before the Council. This item will be on the March 27, 2017 agenda. CITIZEN REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Joe Driscoll IV addressed the Council regarding the City owned vendor spaces on the Boardwalk as it relates to food vendors. J. Driscoll feels the City Council is pro-business and the real issue is direct competition with local businesses, in this instance being food service establishments, as well as visual and pedestrian obstruction from the vendor set ups. There are also concerns with congestion of customers at the vendors as well as encroachment on the roadways which appears to be in conflict with the current City Ordinances regarding the licensing of vendors. J. Driscoll feels request should be to have a collaborative approach moving forward and noted that not having food vendors at these locations will not have a negative impact on the City revenues from the event because there are multiple vendors on the City’s waiting list for spaces. Robert Ames raised initial concerns regarding having solid food vendors at these locations and it was brought to the Laconia Motorcycle Week Association at which time they supported the proposal to request the City no longer allow these types of vendors in these locations. J. Driscoll feels this is important because it shows the support from the closest thing to a governing body that oversees the event as a whole. Councilor Lipman asked what the cost would be to relocate the utilities from the spaces. J. Driscoll replied that he has not looked into this because the wait list consists of other vendors that do not sell food items therefore there would not be a substantial impact. Mayor Engler added that the City has no other locations to support additional food vendors therefore the proposal would be to have the food vendors seek other vending locations from private property owners. Mayor Engler commetned that his understanding is that the current food vendors have two (2) spaces consisting of 20 feet each, and a root beer vendor having one (1) spot consisting of 10 feet. City Manager Myers commented that the map distributed is from 1998 and the GIS mapping has updated the spaces recently therefore this is not the most up to date mapping. Mayor Engler asked if there was any concerns with the soda vendor and J. Driscoll replied that there is not and the primary concern is with the permanent businesses having direct competition with the temporary vendors and no one has created a business of selling soft drinks. Councilor Hamel asked if the petition that was passed around to the property owners were discussed with the businesses occupying the spaces because it is his understanding the Weathervane does not have a problem with the vendors. J. Driscoll commented that he is not privileged to the conversations between the property owner and business owners and she could have a vested interest in the problem if her tenant is not performing well because she will then be out of a tenant. Councilor Hamel countered that this same property owner has food vendors along the property line that would also be in direct competition with the permanent establishments. J. Driscoll commented that this would need to be discussed with the property owner directly. Councilor Hamel also noted that the ordinances that were references are enforced to the best of the ability but it would make the event itself impossible if the City started telling people to move over a few feet because they were standing in the roadway. J. Driscoll replied that the considerations that are being brought to the Council are directly in the ordinances and they should be considered. Councilor Hamel added that this year’s vendors have already been booked and paid deposits for the upcoming event and requested to have a visual walk through during the event so the visual and pedestrian barriers can be seen first-hand. J. Driscoll encouraged the entire Council to participate in a walk through. Councilor Bownes asked if the size of the structures being changed could be a potential resolution because it would allow for more diverse uses. J. Driscoll replied that having more diverse vendors would allow for having additional uses as permitted by the Licensing Board. Councilor Lipman commented that the original concern was brought forward as a visual blockage concern and the concerns are now being brought forward regarding competitive food vendors which would seem to be a way of having the City regulate commerce in the area. J. Driscoll used the analogy of a perfect storm because there is direct competition that does not help the local businesses being compounded by the nature of the vending units creating a visual and pedestrian barrier simply by the needs of the vendor. Councilor Lipman feels that the request would allow for competition between private parties but this would be requesting the City to place themselves at a disadvantage. J. Driscoll stated that he doesn’t feel there is a negative impact to the City because there is a waiting list that can substitute anyone in that location and as a municipality the goal is not to make the most money but to ensure the overall benefit for the community. Councilor Hamel commented that a vendor of any kind could occupy the spaces and have a tent that is large, not just a food vendor. J. Driscoll replied that the hope would be to work with the Council to determine what would be acceptable for that area. Councilor Hamel asked if Mr. Ames had estimated his losses because of the food vendor. J. Driscoll replied that there are too many variables to determine the amount. Councilor Hamel countered that it would be hypothetical to assume there would be a gain in business without the food vendors and asked if Mr. Ames is stating that his business cannot sustain unless the food vendors are not there. J. Driscoll replied that they are not capitalizing on the event because of the food vendors. Brian Mennella from East Coast Flightcraft, recent purchasers of the Pier, addressed the Council. Since the recent purchase of the property they have experienced difficulties bringing businesses into the Pier because of the issues with access during the event. Having food vendors at the boardwalk is making it very difficult to convince accredited establishments to invest. They have been able to secure Sal’s Pizza of Laconia, who have already begun renovating the space they will occupy, but they also expressed concerns with the activity during Motorcycle Week. At last year’s event B. Mennella did observe the flow during the event and he feels that if the area can be opened up to something different it would encourage the businesses to be in his location. Additionally, the businesses that could come into the Pier will benefit the economic vitality of the area for a longer time frame than just a week’s long event. Councilor Hamel commented that the fees for the vendors go into a self-funding account to pay for the expenses of the event and by not having any vendors in those spaces would not help. Councilor Hamel also thanked B. Mennella for what his business is doing for the community. Cathy Matthews, owner of Sharky’s Dogs, addressed the Council. C. Matthews advised the Council that her business started with a tent, as was shown in pictures submitted to he Council at the February 13 meeting, and the tent was much larger than the current trailer. As far as the crowds concerns that have been raised, C. Matthews advised that this is caused by the train traffic that is being dropped off and picked up and unless they want to discontinue the train access this problem will continue to occur. Regarding the Motorcycle Week Association Board, C. Matthews feels that if the Ames Family are members of the Board it would be a conflict of interest for them to vote on this topic and they should be recused. C. Matthews recommended that if the Ames Family would like the building to be seen they should not rent spaces in front of his businesses to vendors that are blocking the view. Additionally, the private property owners adjacent to the City spaces can rent to food vendors and they would still be in direct competition if that is the real concern. C. Matthews feels that people are still going to be a patron of the indoor restaurants if that is the type of food they are looking for. Tracie Fitzpatrick addressed the Council regarding the vendors at Motorcycle Week and how the change of use at these spaces could have an impact on the handling of food waste and grey water. Councilor Hamel advised that the waste from the food vendors are handled in the appropriate places. T. Fitzpatrick asked if this would have an impact on the zoning and Mayor Engler advised that it would not because there are special regulations that deal with Motorcycle Week only. T. Fitzpatrick asked if the resolution for the LED lights and the overage of the Lakeside Avenue project are related. Councilor Hamel and Mayor Engler advised that they are unrelated. T. Fitzpatrick has been looking for public hearings for the Child Advocacy Center and wanted to know when those would be held. City Manager Myers explained that this was not going to be heard because the County sponsored the CDBG grant. Hasan Duymazlar (211 Shore Drive) addressed the Council regarding the vendor space concerns. H. Duymazlar feels that the concerns being raised would deter the current theme of the event, which is to be a vendor driven event, and would further gentrify the vision of the event moving forward. If the Council would like to make that change then it would need to be an inclusive change and not on one specific location. H. Duymazlar added that there are other events that are held in the City, such as the Pumpkin Festival, that sell food or like items in areas where there are businesses and unless the Council wants to discourage it all together it should be very careful when making this decision. MANAGER'S REPORT (1) Monthly Economic Development Update Report (2) Financial and Operational Trends Report (3) Other Items City Manager Myers reported on the National Weather Service information regarding the upcoming storm. There is anticipated power outages and there is a potential for large amounts of snow beginning early Tuesday morning and continuing through Wednesday morning. The LED street light project began last week and listed the streets that have been completed for the Council. The data that is being captured by Siemens is being downloaded into a GIS mapping program so the fixtures can be identified and later uploaded for Eversource to ensure the new rate is calculation based on the date of installation. Councilor Lipman commented that the net saving each budget year is estimated at $32,000. City Manager Myers confirmed this is accurate and may fluctuate slightly and the bond for the project will come with a payment of approximately $60,000 per year and the savings will offset the payment. Once the bond is paid it would be recommended to establish a fund to reserve for replacement of the bulbs at the end of the useful life. City Manager Myers updated the Council on the Lakeside Avenue project. The original estimate for the underground utilities was originally projected to cost $449,000 for all material and design; upon making the decision to continue with the project an updated cost of $275,000 was estimated. When the additional work was requested to extend to Foster Ave the updated price was $311,000 and this amount was included in the amount approved by the Council of $1.6 million. Eversource went out to bid for a subcontractor and two (2) came back with much higher amounts not to exceed approximately $540,000 which are significantly higher. To have the entire project reevaluated for an estimate would take four (4) months. City Manager Myers looked to Public Works Director Wes Anderson for technical information. Director Anderson explained that the wires for the underground conduits are more than half done and the remaining will be completed over the next two (2) weeks. The additional expense has been identified as being from labor which has been and will continue to be verified throughout the course of the project. City Manager Myers advised that he has contacted the subcontractor to get a sense of where the labor costs are at this time but he does not feel the cost will be as low as the $311,000 estimated. Mayor Engler commented that he does not understand how a labor cost could be so far off. Councilor Lipman asked if a detailed bid from the subcontractors are available or if there is strictly a line item, followed up by Mayor Engler requesting the scope of work being completed by the subcontractors. City Manager Myers and Director Anderson each responded that they have not seen the subcontractor’s bids. Director Anderson explained that the subcontractor is responsible for pick up and transportation of all the cable and supplies as well as the installation to the Eversource power supply as well as the transformers to the meters. There was discussion regarding what has been paid and is continued to be due to Eversource. It was identified that a deposit of $15,000 was made and the remaining $311,000 was paid as well. The timeline was also reviewed from when the subcontractor bids were received to when the work began. City Manager Myers advised that meetings have been held with Eversource and the work has been reviewed extensively to ensure that there has not been an error in the work bid. Councilor Hamel commented that he is disappointed because the determination was made on $311,000 and for a higher price it would not have been voted on. Councilor Hamel asked to have Eversource attend a future meeting, preferably soon, to discuss this issue because they have been performing this type of work for some time and should have had a better estimate initially. City Manager Myers  agreed to make this happen. Councilor Bownes added that he wants to know what they overlooked because there must have been unanticipated factors that have resulted in this cost. Councilor Hamel added that items may need to be cut from the project and there is limited time to do this. City Manager Myers advised the Council that it is his hope to have Eversource at the meeting in two (2) weeks to give information and options. Councilor Hamel stated that the City took a good faith estimate and voted on it and if this is what they are doing they should be asked to absorb a portion of the additional cost. Councilor Baer asked when the approval for the bond was done. City Manager Myers advised that this was done in November. Councilor Lipman requested to have a special Council meeting to discuss this information. City Manager Myers will work on the information and coordinate with the Mayor to schedule it. NEW BUSINESS (1) Introduction of Ordinance ORD-2017-221-01 amending Chapter 221, Vehicles and Traffic, § 221-13 Trucks over certain weights excluded. City Manager Myers explained that this would allow for the City to seasonally post roads with a weight limit to avoid excessive damage at a time when the roads are vulnerable. The provisions of the request would allow for the City Manager, Director of Public Works or the Assistant DIrector of Public Works to make the determination on the time to begin and discontinue the posting of the roads as well as to make exceptions. This ordinance would not require a public hearing and could be adopted this evening if the Council chooses to. Councilor Bownes asked if this is a time sensitive issue and City Manager Myers replied that it is because Spring is coming soon. Councilor Lipman asked if this would be 20,000 pounds on any road or just specific roads. Director Anderson replied that it could be specific roads or make it all roads. Councilor Lipman requested to make sure that posting all roads would not inhibit the commerce of the City, but posting 20,000 pounds on specific roads of concern would be acceptable. City Manager Myers explained that this could be adopted and amended in future years. Councilor Lipman reiterated that this needs to be considerate of the commercial entities in the City, to which City Manager Myers advised that exceptions can be issued with this ordinance but a practical approach would be taken to protect the roads while taking the economy into consideration. Mayor Engler read the ordinance in its entirety for the benefit of the public. Motion to approve ordinance ORD-2017-221-01 as presented made by  Councilor Baer and seconded by Councilor Bolduc; the motion passed with all in favor. (2) Request from Tritanium Sports to hold "City on the Lakes Tri Festival" at Opechee Park, beaches and parking lot and Smith Track from August 9 - 14, 2017 from 7 am to 5 pm Tritanium Sports is seeking approval to hold an event called "City on the Lakes Tri Festival" at Opechee Park, beaches, parking lot and Smith Track from August 9 - 14, 2017 from 7 am to 5 pm. The WOW trail will receive a percentage of the profits from the event. This item is being brought to the Council for approval in accordance with Chapter 59-7 of the City Code, item 1 "Facility use request with fundraising on City park land that anciticpate revenues of over $2,000" and item 3 "Facility use requests for major events on City park land that are deemed significant by the City Manager and/or the Recreation and Facilities Director" Councilor Baer asked if this will impact the usage of Opechee Park by the residents for this week. City Manager Myers reviewed the event details and times the locations would be used which indicates the swim portion of the event would be in the morning and making the beaches available for the public for the rest of the day. Mayor Engler asked what the baseball lawn area was referring to. Director of Recreation and Facilities Kevin Dunleavy explained that this wold be the main grassy area that the July 4th event is held. Mayor Engler asked if approving this request exclusive rights to Tritanium Sports and prohibit the use by the public or the park areas. Director Dunleavy advised that in conversations with the organizer they indicated that they want the public to be part of the event and to be engaged. There would be some disruption in the youth soccer program but it would be minimal. Director Dunleavy introduced Jan Buitendag, the Event Producer, to the Council. Councilor Lipman asked if the expenses for City services have been worked through as far as police and fire. City Manager Myers explained that a conditional approval has been completed by the Special Events Committee and the expenses will be estimated for the promoter and those funds will be received in escrow before the event. The event does extent to neighboring communities and the promoter is working with them as well. Director Dunleavy added that a user fee was also assessed for the use of the facilities according to the City use schedule. Councilor Hamel commented that he doesn't want to see a similar situation as during the last Motorcycle Week and wants to ensure that the funds are in escrow before the event starts. City Manager Myers reiterated that this will be done. Councilor Hamel asked if the police and fire details have been discussed with the appropriate departments and City Manager Myers advised it has. There was a request to have the detail information provided to the Council. The promoter has  not been issued an escrow amount but this will be done when the data has been compiled and the Council will be informed of this information. J. Buitendag noted that this is a sanctioned event and will be fully insured. Motion to approve the request made by Tritanium Sports to hold an event called "City on the Lakes Tri Festival" at Opechee Park, beaches, parking lot and Smith Track from August 9-14, 2017 from 7 am to 5 pm with a percentage of the profits to go to the WOW Trail made by Councilor Baer and seconded by Councilor Hamel; the motion passed with all in favor. (3) First reading of Resolution RES-2017-06 relative to authorizing bonds and notes of the City for City Street Light Conversion to LED Lights in the Amount of $300,000 and to schedule a public hearing on March 27, 2017 during the regular City Council Meeting The process was reviewed by Councilor Lipman as the Chair of the Finance Committee. Motion to waive a reading of this resolution in its entirety and to read by title only made by Councilor Lipman and seconded by Councilor Bownes; the motion passed by title only. A first reading of Resolution RES-2017-06 relative to authorizing bonds and notes of the City for City Street Light Conversion to LED Lights in the Amount of $300,000 and to schedule a public hearing on March 27, 2017 during the regular City Council Meeting made by Councilor Lipman and seconded by Councilor Bownes; the motion passed with all in favor. (4) Budget Overview City Manager Myers advised that he plans to introduce the budget to the Council at the April 10, 2017 meeting. The CPIU increase of 1.3% will be used with a new construction value of $19 million as an estimate only. City Manager Myers reviewed firefighter staffing, the request by the Lakes Region Chamber of Commerce for $20,000 toward Pumpkin Fest, impact fees, Lakeport Fire Station proceeds, Irwin Marine sale proceeds, a possible motor vehicle registration surcharge, one-time revenue from the Concord Coop and the use of fund balance of $835,000. The recommendation of bonding road improvements was brought forward by Councilor Hamel. Motion to extend the meeting until 10:30 p.m. made by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. There was continued discussion regarding the expenses of the parking garage and the tax cap. UNFINISHED BUSINESS (1) Second 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 A second 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 moved by Councilor Bolduc and seconded by Councilor Doyle; the motion passed with all in favor. (2) Second 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 City Manager Myers advised that it is his understanding that the Water Commission has voted to not support chemical application above the water intake and that they would not be opposed to application below the water intake. The original plan called for a combination of harvesting and chemical application approximately two (2) miles from the intake. By accepting the funds this evening the City is not bound to use chemical application and the City can use strictly diver harvesting. A second 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 moved by Councilor Lipman and seconded by Councilor Bolduc; 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 The general conclusion of the Council is to leave this on the agenda as a Future Agenda Item and no changes will happen this year. The locations will be reviewed this year during the event and considerations will be taken for the following event. NOMINATIONS, APPOINTMENTS & ELECTIONS COUNCIL COMMENTS NON-PUBLIC SESSION According to RSA 91-A:3, II (a) The dismissal, promotion or compensation of any public employee, or the investigation of any charges against him, unless the employee affected (1) has a right to a meeting and (2) requests that the meeting be open, in which case the request shall be granted. (b) The hiring of any person as a public employee. (c) Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the body or agency itself, unless such person requests an open meeting. (d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community. (e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the body or agency or any subdivision thereof, or against any member thereof because of his membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled. (i) Consideration of matters relating to the preparation for and the carrying out of emergency functions including training to carry out such functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or severe damage to property or widespread injury or loss of life. FUTURE AGENDA ITEMS (1) Ordinance amendment relative to Chapter 167, Noise and Chapter 161, Licensing as it pertains to outdoor sound equipment and loudspeakers (tabled at the meeting of 9/28/15) (2) Second reading of a resolution relative to the adoption of RSA 31:95-b, Appropriation of funds made available during the year (tabled at the meeting of 11/23/15 pending the outcome of legal matters) (3) Master Plan (4) Milfoil Treatment Funding Request (5) Sewer & Water Master Plan (6) Single Stream Recycling/Concord Co-op/Solid Waste Disposal Cost Reduction (7) Strategic Planning/Goal Setting (8) WOW Trail ADJOURNMENT Motion to adjourn at 10:18 p.m. made by Councilor Bolduc and seconded by Councilor Hamel; the motion passed with all in favor. Respectfully Submitted: Stacy Anders Deputy City Clerk The minutes of this meeting were accepted by the City Council at there meeting on March 27, 2017.