City Council

CITY OF LACONIA - CITY COUNCIL Monday, June 26, 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 Bob Hamel 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 attedance: Ava Doyle, David Bownes, Henry Lilpman, Brenda Baer, Bob Hamel and Armand Bolduc. Mayor Engler stated that all six (6) Councilors are in attendance and a quorum is established. STAFF IN ATTENDANCE City Manager Scott Myers, Finance Director Donna Woodaman COUNCIL PROCLAMATION (1) Proclamation - Temple B'nai Israel's 20th Annual Jewish Food Festival Day Mayor Engler presented the proclamation to Irene Gordon. ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS (1) Regular and budget hearing minutes of June 12, 2017 The minutes of both meetings were sent to the City Council on June 13, 2017. No corrections or changes were received by the Clerk. With no further corrections or changes the minutes were accepted as distributed. CONSENT AND ACTION CALENDAR (1) Request by Easter Seals NH to use the City Dock at Weirs Beach on July 8, 2017 for the 17th Annual HK Powersports Land & Lake Poker Run Motion to approve the request from Easter Seals NH to use the City dock at Weirs Beach as requested made by Councilor Bolduc and seconded by Councilor Doyle; the motion passed with all in favor. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA INTERVIEWS COMMUNICATIONS PUBLIC HEARING (1) Proposed Municipal Budget for Fiscal Year 2018 Notice of this hearing was made in the Wednesday, June 14, 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 7:10 p.m. With no members of the public wishing to speak Mayor Engler closed the public hearing at 7:11 p.m. PRESENTATIONS MAYOR'S REPORT Mayor Engler discussed the Laconia State School property. House Bill 340 (HB 340) was sent to a Committee of Conference and was approved; the bill is now awaiting the Governor's signature. This will call for a seven (7) member commission to study what to do with the property with the intent to be that the commission will recommend the formation of a trade authority similar to that which runs the Pease Tradeport in Portsmouth. One of the members will be appointed by the City Council and it is the hope to be able to make that appointment at the next meeting on July 10, 2017. This member is not required to have real estate experience, as is the requirement for the other six (6) members, therefore the Council members were asked to discuss there feelings on potential representatives with the Mayor as soon as possible. COMMITTEE REPORTS *Not all items in this section may be acted on. Reports and updates will be made when necessary. (1) FINANCE (a) Downtown TIF Financing (b) WOW Trail Funding (c) Conversion of street lights to LED (d) HB 430 - Expansion of the Veterans' Tax Credit Councilor Lipman reported that the committee has chosen to recommend the adoption of the provisions of HB 430 (2016 session) and SB 80 (2017 session) with a phase in of $150 the first year, $300 the second year and $500 the third year. The resolution to begin the process has been presented to the Council this evening under New Business.  (e) Tax credits and exemptions that may be available Councilor Lipman reported that the committee has recommended amending the income and asset limits for the Elderly Exemptions. A community summary was used in making the determination. The resolution to begin this process is under New Business this evening. (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 (d) Review of the Council Rules of Procedure (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 MANAGER'S REPORT (1) Project Updates Report City Manager Myers reviewed the report. (2) Other Items City Manager Myers reviewed the Motorcycle Week event revenues. Some expenses are still outstanding at this time. The revenue was down because of fewer vendors and the overtime costs are estimated to be significantly less that projected. Councilor Hamel brought up poor lighting conditions at Veterans' Park. City Manager Myers advised that when the LED project is complete they will know if there are additional funds for this project. Councilor Hamel asked if repairs on Beaman Street and Highland Street have  been completed. City Manager Myers called on Director Wes Anderson who confirmed that Beaman Street is complete and Busby is working on Highland Street as a priority. Councilor Hamel asked when the project for the Riverwalk will be completed. City Manager Myers reviewed the grant funding process for this project which has made it less cost effective to complete and the City has declined the funding. At this time the City will be working with local engineering for the design to get the project done as soon as possible. Councilor Bolduc asked what is left to complete the Leavitt Park tennis courts. City Manager Myers reviewed the minimal work that is left and advised that weather permitting it will be ready for use the first week of July. Mayor Engler commented that in the City Manager's Project Update the Downtown TIF Advisory Board advised that they have questions for the Council therefore the Mayor will be attending the next meeting on July 18, 2017 at 10:00 a.m. in 200B. The Councilors were invited to attend if available. NEW BUSINESS (1) Request to accept Provencal Road as a City street In accordance with Chapter 197 of the City Code, the Planning Director and Director of Public Works have reviewed the request by Double D Development for acceptance of Provencal Road as a City street. The street layout is also conforming to the requirements and provisions set forth in the above mentioned Code. One conditional approval request to have paper copies of the water, sewer and storm water infrastructure plans submitted to the Planning Department by August 1, 2017 has been submitted for consideration. Motion to accept Provencal Road as a City street with a condition to have paper copies of the water, sewer and storm water infrastructure plans submitted to the Planning Department by August 1, 2017 made by Councilor Baer and seconded by Councilor Bolduc; the motion passed with all in favor. (2) Request to approve ordinance ORD-2017-235-05 relative to changes in the Table of Use 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 affect 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. At the City Council meeting held on April 10, 2017 the proposed amendment was sent back to the Planning Board with the direction to look further at the proposal to  allow night clubs and dance halls by special exception in the CR zone. The Planning Board reviewed the request and held a public hearing on June 6, 2017. After having no public input at that time the Board decided to send the attached recommendation back to the City Council for approval. The only change from the original request from March 7, 2017 is the removal of night club/dance hall from needing a special exception to permitted by right in the CR zone. Motion to schedule a public hearing on this matter on July 10, 2017 during the regular City Council Meeting made by Councilor Bownes and seconded by Councilor Doyle. Councilor Bownes feels a public hearing should be held, even if no one comes, especially when the situation has been so volatile. Councilor Baer replied that she feels the public hearing held in April was sufficient. Councilor Lipman asked if holding a public hearing would delay anyone's application. Councilor Bownes and City Manager Myers replied that it would not and any applications in process would be allowed to fall under the consideration. Councilor Doyle noted that when the Planning Board held the first public hearing no one showed up but when the Council held the public hearing they did come. That may make it worth holding a public hearing. Mayor Engler called the question; the motion failed with a 2-4 vote (For: Doyle, Bownes; Opposed: Lipman, Baer, Hamel, Bolduc) Motion to approve ordinance 2017-235-05 relative to the Table of Uses as presented made by Councilor Bownes and seconded by Councilor Baer; the motion passed with all in favor. (3) First reading of Resolution RES-2017-17 relative to establishing a non-capital reserve account for the Laconia School District to be titled the Laconia School District Education Stabilization Reserve Account and to schedule a public hearing on July 10, 2017 during the regular City Council meeting Motion to waive a reading of this resolution in its entirety and to read by title only made by Councilor Hamel and seconded by Councilor Doyle; the motion passed with all in favor. A first reading of Resolution 2017-17 relative to authorizing the City Manager to establish a non-capital reserve account for the Laconia School District to be titled the Laconia School District Education Stabilization Reserve Account and to schedule a public hearing on July 10, 2017 during the regularly scheduled City Council meeting moved by Councilor Lipman and seconded by Councilor Hamel; the motion passed on a 5-1 vote (For: Doyle, Bownes, Lipman, Hamel, Bolduc; Opposed: Baer) (4) First Reading of Resolution RES-2017-18 relative to Tax Exemptions for the Elderly and to schedule a public hearing on July 10, 2017 during the regular City Council  meeting 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 Baer; the motion passed with all in favor. A first reading of Resolution 2017-18 relative to tax exemptions for the elderly and to schedule a public hearing on July 10, 2017 during the regular City Council meeting moved by Councilor Lipman and seconded by Councilor Baer; Councilor Lipman noted that this will have no effect on the amount to be raised by taxes. Mayor Engler called the question; the motion passed with all in favor. A First Reading of Resolution 2017-18 relative to tax exemptions for the elderly and to schedule a public hearing on July 10, 2017 during the regular City Council meeting moved by Councilor and seconded by Councilor ; the motion passed with all in favor. (5) First Reading of Resolution RES-2017-19 relative to adoption of the All Veterans' Property Tax Credit and establishing the amounts for implementation and to schedule a public hearing on July 10, 2017 during the regular City Council meeting 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 Baer; the motion passed with all in favor. A first reading of Resolution 2017-19 relative to adoption of the All Veterans' Property Tax Credit and establishing the amounts for implementation and to schedule a public hearing on July 10, 2017 during the regular City Council meeting moved by Councilor Lipman and seconded by Councilor Hamel; Councilor Lipman noted that this will have no effect on the amount to be raised by taxes. Mayor Engler called the question; the motion passed with all in favor. (6) Transfer requests from Stabilization Accounts Finance Director Woodaman reviewed the request and noted that each department has contributed to at least half of the retirement costs. Councilor Lipman noted that this is the purpose of the account and it is nice to see the City planning ahead for instances like this. Motion to transfer $117,000 from account 82-101-010-0000, Accrued Leave Stabilization, as follows: $40,000 to account 01-437-110-0000, Police Termination Pay, $37,000 to account 01-500-110-0000 DPW Termination Pay, and $40,000 to account 01-445-110-0000, Fire Dept Termination Pay made by  Councilor Bownes and seconded by Councilor Baer; the motion passed with all in favor. Motion to transfer $15,000 from account 82-101-011-0000, Winter Maintenance Stabilization, to account 01-502-000-1000, Winter Maintenance Expense made by Councilor Bolduc and seconded by Councilor Hamel; the motion passed with all in favor. Councilor Lipman asked to have a forecast prepared for the Council at an upcoming meeting. Finance Director Woodaman will work on this in conjunction with her year end functions. City Manager Myers added that these retirements were senior management positions that made for a larger impact on the budgets. (7) Request to approve Departmental Transfers After reviewing each department’s budget for FY17 and projecting estimated expenses through June 30, 2017 there are several departments that are in need of a transfer to cover the Fiscal Year 2017 expenses. Motion to approve the follow transfers made by Councilor Bolduc and seconded by Councilor Doyle; From:01-415-101- City Clerk $ 3,800 0000 To: 01-417-101- Election Salaries $ 3,800 0001 From:01-433-125- Workers Compensation $ 0000 30,000 Police Station Maintenance $ To: 01-435 Budget 30,000 From:01-431-343- Contingency $ 6,150 0000 To: 01-445-235- Fire Station Maintenance $ 6,150 0000 Repairs From:01-433-125- Workers Compensation $ 500 0000 To: 01-488-380- Municipal Bonds - Interest $ 500 0010 Councilor Bownes asked what the need for the Police Station maintenance. City Manager Myers advised there were issues with the Community Room mold, elevator repairs, and tinting for energy efficiency. Councilor Hamel asked what the Fire Department maintenance is for. City Manager Myers advised this is for the Weirs Station for some wall cracking issues. Councilor Lipman asked if the Workers Compensation account is overall or Police  specific. Finance Director Woodaman advised that they are overall. Mayor Engler called the question; the motion passed with all in favor. (8) Preliminary carry forwards to fiscal year 2018 At the end of every fiscal year, there are monies that have been appropriated for special purposes that for various reasons have not been spent. Your approving these encumbrances allows the money to be carried forward and spent in the next fiscal year. Included in each description is the fiscal year the money was originally appropriated. Finance Director Woodaman reviewed the highlights on the list for the Council. There was discussion on the requests for the library and road projects. It was noted that this list is shorter than in some prior years. (9) Request to authorize the City Manager to sign documents related to Gilford Recycle Center and Access Road The Laconia Airport Authority recently approved the requests outlined in the attached letter dated April 19, 2017 from the Town of Gilford to City Manager Scott Myers and Airport Manager Marv Everson. Laconia City Council approval of the requests and authorization of the City Manager to sign the necessary documents is required. Mayor Engler reviewed photographs distributed to the Council. Motion that the Laconia City Council approve a request from the Town of Gilford to allow Gilford to declare Kimball Road Extension, which connects Kimball Road and Gilford's Transfer Station via an established right-of-way through Laconia Municipal Airport property, as a Class V highway made by Councilor Lipman and seconded by Councilor Hamel; Councilor Bolduc asked if there would be any liability to the City. Mayor Engler advised that there would be no more liability than there currently is because it is being used now. Mayor Engler called the question; the motion passed with all in favor. Mayor Engler reviewed the request to remove the sand hill to level the grading for the purpose of the construction of the transfer station facility. There was extensive discussion regarding the storage of the sand from the proposed hill removal, the costs that the City could incur with this process, and if the sand has value to the City. Motion to table until July 10, 2017 made by Councilor Lipman and seconded by Councilor Hamel; the motion passed with all in favor. (10) Request for City Council support of NHDOT providing road markings on Meredith Center Road  The Laconia Highway Safety Commission is in support of the NHDOT Bureau of Traffic proceeding with marking the edge line on the Meredith Center Road from its intersection with Parade Road to the intersection of Eastman Road to provide sufficient room for a bike lane. Motion that the City Council supports the NHDOT Bureau of Traffic proceeding with marking the edge line on the Meredith Center Road from its intersection with Parade Road to the intersection of Eastman Road to provide sufficient room for a bike lane, as outlined on the information provided made by Councilor Hamel and seconded by Councilor Bownes; The marking of the road was discussed in reference to City streets compared to the State streets. It was determined the bike lane will be on both sides of the streets. Mayor Engler called the question; the motion passed with all in favor. (11) Authorize the City Manager to enter into license agreements with the State of NH for the Robbie Mills Water and Tower License Agreement and the Hank Risley Field License Agreement City Manager Myers reviewed the request with the Council. The actual agreement was signed on June 21, 2017 based on the Councils expressed permission but the State is requesting a formal vote of authorization. Motion to authorize the City Manager to sign both license agreements with the State of NH for the Robbie Mills Water and Tower License Agreement and the Hank Risley Field License Agreement, retroactive to June 21, 2017 made by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. City Manager Myers reviewed the request. Motion to authorize the City Manager to sign both license agreements with the State of NH for the Robbie Mills Water and Tower License Agreement and the Hank Risley Field License Agreement, retroactive to June 21, 2017 made by Councilor and seconded by Councilor ; the motion passed with all in favor. (12) General Budget discussion Mayor Engler advised that a straw poll would be taken for the items discussed in the budget meeting held this evening at 6:00 p.m. The results of this polling indicated the following: 1. From the sale of the Lakeport Fire Station property: $120,000 into capital for various projects, $355,000 into Contingency with the possibility of $50,000 earmarked for an additional police officer, $280,000 to be placed in Contingency 2. Remove $40,000 from the Fire Department and place it in Contingency There was discussion about the Motorcycle Week account and the possible need  to adjust. These adjustments will be made to the resolutions and they will be presented to the Council at the July 10, 2017 meeting. UNFINISHED BUSINESS (1) Second Reading of the proposed Fiscal Year 2018 Budget Resolutions NOMINATIONS, APPOINTMENTS & ELECTIONS (1) Bruce Kneuer - seeking appointment to an alternate position on the Library Board of Trustees for a one-year term expiring at the end of March, 2018 Motion to appoint Bruce Kneuer to an alternate position on the Library Board of Trustees for a one-year term expiring at the end of March, 2018 made by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. (2) Greg Page - seeking reappointment to the Board of Water Commissioners for a three- year term expiring at the end of June, 2020 Motion to reappoint Greg Page to a regular position on the Board of Water Commissioners for a three-year term expiring at the end of June, 2020 made by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. (3) Joseph H. Driscoll, III - seeking reappointment to a regular position on the Weirs TIF Advisory Board for a 3 year term expiring at the end of June, 2020 Motion to reappoint Joseph H. Driscoll, III to a regular position on the Weirs TIF Advisory Board for a 3 year term expiring at the end of June, 2020 made by Councilor Doyle and seconded by Councilor Bolduc; the motion passed with all in favor. COUNCIL COMMENTS Councilor Hamel thanked City Manager Myers and Finance Director Woodaman on the efforts put forward in preparing the budget that is Tax Cap compliant. 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. Motion to enter into non-public session in accordance with RSA 91-A:3, II (e) made by Councilor Doyle and seconded by Councilor Bownes; on a roll call vote of the Council it entered into non-public session at 8:56 p.m. Motion to come out of non-public session at 9:15 p.m. made by Councilor Boldiuc and seconded by Councilor Baer; the motion passed with all in favor. Motion to seal the minutes of this non-public session for 30 days made by Councilor Bownes and seconded by Councilor Baer; the motion passed with all in favor. City Clerk Reynolds rejoined the meeting. Motion to enter into non-public session in accordance with RSA 91-A:3, II (d) made by Councilor Bownes and seconded by Councilor Doyle; on a roll call vote of the Council it entered into non-public session at 9:17 p.m. Motion to come out of non-public session at 9:25 p.m. made by Councilor Bolduc and seconded by Councilor Hamel; the motion passed with all in favor. Motion to seal the minutes for two (2) years made by Councilor Hamel and seconded by Councilor Boldic; 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) (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 With no other business to come before the City Council and with no objections Mayor Engler adjourned the meeting at 9:27 p.m. Respectfully Submitted: Mary A Reynolds, City Clerk These minutes were accepted by the City Council at there meeting on July 10, 2017.