City Council

CITY OF LACONIA - CITY COUNCIL Monday, March 27, 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 Henry Lipman led the Salute to the Flag. RECORDING SECRETARY City Clerk Mary Reynolds ROLL CALL City Clerk Reynolds called the roll with the following Councilors in attendance: Ava Doyle, David Bownes, Henry Lipman, Brenda Baer, Bob Hamel and Armand Bolduc. Mayor Engler noted that six (6) Councilors are in attendance and a quorum is established. STAFF IN ATTENDANCE City Manager Scott Myers, Finance Director Donna Woodaman COUNCIL PROCLAMATION ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS (1) Acceptance of regular meeting minutes of March 13, 2017 and the special meeting minutes of March 23, 2017 Minutes of the regular meeting were distributed to the Council on March 17, 2017. No changes or corrections have been received by the Clerk. Minutes of the special meeting were distributed to the Council on March 24, 2017. No changes or corrections have been received by the Clerk. With no further changes or corrections the minutes were accepted as distributed. CONSENT AND ACTION CALENDAR (1) Temporary Traffic Order 2017-03 - Penny Pitou Community Blood Drive Motion to approve Temporary Traffic Order 2017-3, Penny Pitou Community Blood Drive, as presented made by Councilor Hamel and seconded by Councilor Bolduc; the motion passed with all in favor. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA INTERVIEWS Mayor Engler advised that by rule the Council will interview on one night and interview at the following meeting. All of the interviewees this evening are being interviewed for reappointment for terms expiring on March 31, 2017 however under State law they are permitted to serve until the vacancy is filled therefore they may participate in meetings should the Board meet before the April 10, 2017 meeting. (1) Dorothy Duffy - Seeking reappointment to a regular position on the Heritage Commission D. Duffy 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 interviewed. (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 interviewed. (4) Donald H. Flanders - seeking reappointment to a regular position on the Trustees of the Trust Funds for a three-year term expiring at the end of March, 2020 D. Flanders was interviewed. (5) John S. Perley - seeking reappointment to a regular member position on the Library Board of Trustees for a three-year term expiring at the end of March, 2020 J. Perley was interviewed. COMMUNICATIONS PUBLIC HEARING (1) 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 Notice of this public hearing was made in the Friday, March 17, 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 7:19 p.m. Councilor Lipman noted that with this project there will be a net gain to the City of $35,000 per year because of the savings form the conversion. With no members of the public wishing to speak the public hearing was closed at 7:20 p.m. This resolution will be acted on under Unfinished Business this evening. PRESENTATIONS MAYOR'S REPORT Mayor Engler thanked the Laconia School District, School Board and Administration for the invitation extended to the City Council for the Super Saturday event held to work on the budget proposals for the upcoming year. Councilor Bownes and Mayor Engler attended and found the session to be informative. It is the hope that gestures such as this are a good sign for the future. Mayor Engler noted the upcoming retirement of Police Chief Chris Adams at the end of April. Chief Adams has been a member of the Laconia Police Department for 23 years and the Chief for the last six (6). Mayor Engler extended the sincere thanks of the City Council for his service. Chief Adams thanked Mayor Engler for his comments and noted the honor that it has been to serve the City. Mayor Engler also noted the retirement of Bob Selig from the Library Board of Trustees after serving 16 years, all of them as the Chairman, for whom there is a great amount of gratitude from the City. Additionally, Pam Clark has been a member of the Heritage Commission for nine (9) years, many of them as Chair, and she will be retiring but continuing to volunteer as the Chair of the Celebrate Laconia Committee. 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) Fair St/Court St traffic problems and accidents (d) Conversion of street lights to LED (e) HB 430 - Expansion of the Veterans' Tax Credit (2) 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 (3) 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 Joe Driscoll (12 Maple Street) addressed the Council regarding the Lakeside Avenue underground utility project. J. Driscoll encouraged the Council to support continuing the project as was proposed and intended because it has the support of the entire Weirs Beach community. With the fine developments coming into the Weirs Beach area this will be a wonderful asset to the community that is needed. MANAGER'S REPORT (1) Project Updates Report City Manager Myers reviewed the report. A request was made by Councilor Baer for a street construction list for the season. City Manager Myers advised this is still in process and will be available at the April 10, 2017 meeting. Councilor Hamel inquired about the update to the Lakeside Avenue project noted in the report. City Manager Myers advised that this is for the access covers and explained the note. The Winnipesaukee River Basic Project (WRBP) update will be on the April 10, 2017 agenda to give a broader view of the amendments proposed to the Department of Environmental Services (DES) which was declined siting State policies. The City Council will be asked to take an official position at that meeting. Councilor Lipman inquired if potential federal funding would be available if the assets were owned locally. City Manager Myers advised that he does not feel it would because regional cooperatives are looked upon favorably. Councilor Baer asked if the flow metering is in progress. City Manager Myers advised that it is and the conversations have begun to analyze but because of the drought the information is not as accurate as they had hoped. (2) Other Items City Manager Myers advised that Pam Clark will be in attendance at the April 24, 2017 meeting to give a presentation on the Celebrate Laconia efforts. The LED light conversion project is 56% completed and is anticipated to be completed in the next several weeks. Councilor Bownes inquired about the Master Plan working group. City Manager Myers advised that Councilor Bownes and Councilor Lipman will represent the Council and they will be hoping to schedule a meeting in the very near future. There has also been conversations with the Lakes Region Planning Commission to move forward. NEW BUSINESS (1) A first reading of Resolution RES-2017-07 relative to the adoption of RSA 261:153, VI relative to collecting an additional fee with motor vehicle registrations for the support of a Municipal Transportation Fund and establishing the "Municipal Transportation Capital Reserve Fund" and to schedule a public hearing on April 10, 2017 during the regular City Council meeting Councilor Hamel reviewed the proposal to increase the current fee from $1.50 to $5.00. This would increase the fund by $70,000. The RSA was shared with the Council outlining the permitted uses for the fund. It was pointed that these funds can only be used for transportation related expenses. Councilor Lipman noted that the City is about $10 million short of the needed funds to make the streets acceptable. City Manager confirmed this information. Motion to waive a 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. A first reading of Resolution RES-2017-07 relative to the adoption of RSA 261:153, VI relative to collecting an additional fee with motor vehicle registrations for the support of a Municipal Transportation and and establishing the "Municipal Transportation Capital Reserve Fund" and to schedule a public hearing on April 10, 2017 during the regular City Council meeting moved by Councilor Bolduc and seconded by Councilor Hamel; the motion passed with all in favor. (2) Introduction of Ordinance ORD-2017-235-02 amending Chapter 235, Zoning, Table 1 - Table of Permitted Uses and scheduling of a public hearing on April 10, 2017 during the regular Council meeting Councilor Bownes reviewed the process until this time. At the March 7, 2017 Laconia Planning Board meeting the board voted unanimously to recommend revisions to the Table of Permitted Use (City Code Chapter 235, Table 1) to the City Council for approval. The revisions would effect the Commercial Resort (CR) zone. While reviewing the Table of Uses it was also found that "Place of Worship" had been omitted from all zones as a use in 2015. This was a clerical error that occurred when the Alternative Treatment Center (ATC) was added. The Laconia Planning Board voted to restore the use as it was prior to the 2015 update. While this could be acted on this evening because a public hearing was already held at the Planning Board level it would be the request of Councilor Bownes to continue this to a public hearing at the next meeting. Councilor Hamel commented that he is concerned and feels that changing entertainment uses to being Permitted by Special Exception from being Permitted may not be the best course of action because there are so many varying types of businesses in the area. Councilor Bownes advised that this is a selective use that will not effect the ongoing uses of the area at this time. The concern raised was this  could deter businesses from the area if they are required to go to extra lengths for approvals. Councilor Baer asked if there are additional changes from the last proposal to the Council. Councilor Bownes and Mayor Engler reviewed all of the changes proposed in the various times this has been looked into by the Planning Board and City Council, including the Mayor's proposals. Mayor Engler asked if the Council can make amendments to the proposal during the approval process. City Manager Myers replied that no substantial changes can be made without having the Planning Board go through the process again and hold another public hearing. Motion to accept proposed Ordinance ORD-2017-235-02 as presented and to schedule a public hearing on April 10, 2017 during the regular City Council meeting to gather pubic input before adoption made by Councilor Bownes and seconded by Councilor Doyle; the motion passed with a 3-3 vote and the Mayor voting in favor (In favor: Doyle, Bownes, Lipman, Opposed: Baer, Hamel, Bolduc). (3) Request to approve a tentative agreement with Laconia Administrative & Technical Employees, SEIU Local 1984, Chapter 69, AFL-CIO, CLC City Manager Myers explained that the Council was briefed on the cost items of the contract and the details may be released if the tentative agreement is accepted and if it is not accepted it would need to go back to negotiations. Motion approve a tentative agreement with Laconia Administrative & Technical Employees, SEIU Local 1984, Chapter 69, AFL-CIO, CLC for fiscal year 2017/2018 made by Councilor Bownes and seconded by Councilor Hamel; the motion passed with all in favor. City Manager Myers reviewed the details of the contract and advised that the contract will be made available on-line as soon as signed by all parties. City Manager Myers also thanked the employees for working with the City in this regard and noted that the employees of the City continue to be its best asset. Mayor Engler noted this is the first agreement of the four (4) unions in the City. UNFINISHED BUSINESS (1) Second 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 A second 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 moved by Councilor Lipman and seconded by Councilor Bolduc; the motion passed with all in favor. (2) Discussion regarding the Lakeside Avenue underground utility project City Manager Myers explained that he has met with Eversource to discuss the overage on the project. Eversource values the relationship with the City and would like to encourage a continued positive relationship. A proposal was made to cap the City's overage expense at $150,000 to be paid in three (3) equal payments beginning with the first payment being made on July 1, 2017, and additional $50,000 on July 1, 2018 and the final $50,000 on July 1, 2019. Mayor Engler noted that if the Council should accept this proposal the source of funds will be discussed after the acceptance of the proposal. Motion to accept the proposal to pay an overage of $150,000 to be paid in three (3) equal payments beginning with the first payment being made on July 1, 2017, and additional $50,000 on July 1, 2018 and the final $50,000 on July 1, 2019 made by Councilor Doyle and seconded by Councilor Bolduc; the motion passed with all in favor. City Manager Myers reviewed the remaining aspects of the project to be completed and a proposal to use additional Weirs TIF funds to pay the additional expense. This would result in no additional borrowing on behalf of the City. An option to use funds from other line items is not being recommended because it is not the intention of the City Manager to recommend pulling from other areas of the City to fund this overage but if the Council would like to do so it is there choice to do so. Discussion followed regarding the proforma of the Weirs TIF Financing presented and the possibility of using any contingency left to offset cost if there is any available at the end of the project. Councilor Bownes commented that he feels it is necessary to complete the project as designed and encouraged looking further into TIF funding. Motion to maintain the scope of the project design as originally approved and to fund the overage as outlined by the City Manager using the Weirs TIF funds at 100% of available funds until the amount due the General Fund is reimbursed. The City Council should review the payback schedule in two years and if the payback is occurring at a greater pace than expected, the Council could discuss some modification to using 100% of the available Weirs TIF funds. Motion made by Councilor Bownes and seconded by Councilor Bolduc. Councilor Lipman confirmed that the intention of the motion is to not lessen the amount of contribution and this was confirmed by Councilor Bownes. Councilor Lipman asked if there are items in the project that could be eliminated or having options changed that could save funds but still maintain a quality project. City Manager Myers reviewed some areas that have not been completed including concrete cross walks, brick work, and stamped crosswalks. Councilor Bownes asked if decisions need to be made this evening and it was confirmed that they do in order to meet the deadline.  Councilor Doyles commented that she feels that doing anything other than the original scope would cheapen the project and would not save money in the long run. Councilor Bolduc agreed with this sentiment. Mayor Engler called the question; the motion passed with all in favor. NOMINATIONS, APPOINTMENTS & ELECTIONS Councilor Bownes excused himself from the meeting at 8:41 p.m. (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 Motion to appoint Marie Bradley to a regular position on the Library Board of Trustees for a three-year term expiring at the end of March, 2020 made by Councilor Baer and seconded by Councilor Hamel; the motion passed with all in favor. (2) 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 Motion to reappoint Charles Bradley, III to a regular position on the Putnam Fund for a five-year term expiring at the end of March, 2022 made by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. (3) Jim Rogato - Seeking reappointment to a regular position on the Licensing Board for a three-year term expiring at the end of March, 2020 Motion to reappointment Jim Rogato to a regular position on the Licensing Board for a three-year term expiring at the end of March, 2020 made by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. (4) 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 Motion to reappoint Robert Durfee to an "at-large" position on the Building Code Board of Appeals for a five-year term expiring at the end of March, 2022 made by Councilor Doyle and seconded by Councilor Baer; the motion passed with all in favor. (5) 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 Motion to reappoint Mitch Hamel to a regular position on the Parks and Recreation Commission to a three-year term expiring at the end of March, 2020 made by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. (6) 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 (7) 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  Motion to appoint Kimon Koulet to a "public member" position on the Highway Safety Commission for a three-year term expiring at the end of March, 2020 made by Councilor Lipman and seconded by Councilor Baer; the motion passed with all in favor. (8) Tracie Fitzpatrick - Seeing appointment to an alternate position on the Planning Board for a three-year term expiring at the end of June, 2020 (9) Tracie Fitzpatrick - Seeing appointment to an regular position on the Conservation Commission for a three-year term expiring at the end of August, 2020 (10) Catherine Tokarz - Seeking reappointment to a regular member position on the Heritage Commission Motion to reappoint Catherine Tokarz to a regular member position on the Heritage Commission for a three-year term expiring at the end of March, 2020 made by Councilor Bolduc and seconded by Councilor Doyle; the motion passed with all in favor. (11) Mary Ellen Boudman - Seeking appointment to a regular position on the Heritage Commission Motion to reappoint Mary Ellen Boudman to a regular member position on the Heritage Commission for a three-year term expiring at the end of March, 2020 made by Councilor Bolduc and seconded by Councilor Doyle; the motion passed with all in favor. (12) Mary Jane Hoey - Seeing reappointment to a regular position on the Heritage Commission Motion to reappoint Mary Jane Hoey to a regular member position on the Heritage Commission for a two-year term expiring at the end of March, 2019 made by Councilor Doyle and seconded by Councilor Baer; the motion passed with all in favor. (13) Any other appointments from interviews held this evening as deemed appropriate by the City Council City Manager Myers advised the Council that the term for Council member appointment to the Heritage Commission is also up for reappointment and if there are no objections he would recommend reappointing Councilor Doyle. Councilor Doyle recused herself from this action. Motion to reappoint Councilor Doyle as the Council representative to the Heritage for a one-year term expiring at the end of March, 2018 made by Councilor Hamel and seconded by Councilor Baer; the motion passed with all in favor. COUNCIL COMMENTS Councilor Baer commented on the possibility of changing the agenda order by sending the Council Rules of Procedure to the Government Operations and Ordinances Committee for review. City Manager Myers added that staff has identified some other maintenance changes to the rules and asked that they be considered as well. Motion to add the Council Rules of Procedure revisions including the placement of public comment on the agenda to the tasks for the Government Operations and Ordinances Committee made by Councilor Baer and seconded by Councilor Doyle; the motion passed with all in favor. Councilor Hamel commented on his proposal of borrowing funds to cover the cost of road repairs and asked if this would need to be done with the budget process. City Manager Myers suggested that it be done with the budget process and to allow for public comment at that time as well as discussed when the Public Works budget is discussed in detail during department presentations. Discussion followed regarding the different aspects of this proposal and the pros and cons of the proposal. 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 (9) Discussion regarding the City owned vendor spaces on the Boardwalk as it relates to renting to food vendors ADJOURNMENT Motion to adjourn made at 9:05 p.m. by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. Respectfully submitted, Mary A Reynolds, City Clerk The minutes of this meeting were accepted by the Council at there meeting of April 10, 2017.