City Council

City of Laconia - City Council Meeting August 14, 2017 - 7:00 p.m. City Hall - Conference Room 200A 1. CALL TO ORDER Mayor Engler called the meeting to order at the above date and time. 2. RECORDING SECRETARY City Clerk Mary Reynolds 3. SALUTE TO THE FLAG Henry Lipman led the Salute to the Flag. 4. ROLL CALL City Clerk Reynolds called the roll with the following Councilors in attendance: Ava Doyle , David Bownes, Henry Lipman, Brenda Baer, Robert Hamel, Armand Bolduc Mayor Engler noted that all six (6) Councilors are in attendance and a quorum is established. 5. STAFF IN ATTENDANCE City Manager Scott Myers, Finance Director Donna Woodaman 6. PRESENTATIONS 6.A. New Hampshire Retirement System Community Outreach George P. Lagos, Executive Director of the New Hampshire Retirement System (NHRS) reviewed a prepared presentation which included an update on the the status of the NHRS including the financial position, employer rates, operational issues and the Decennial Commission, assets and investment performance, and unfunded liability. 6.B. Keno and Kindergarten Funding (Senate Bill 191) Kelley Jay, of the NH Lottery, reviewed a prepared presentation on the process of adopting Keno in the City. 7. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 7.A. Regular meeting of July 24, 2017 Minutes of the regular meeting were distributed to the Council on August 4, 2017. No corrections or changes were received by the Clerk. With no corrections or changes submitted the minutes were excepted as distributed. 7.B. Special Meeting minutes of August 2, 2017 The minutes to the Special Meeting were distributed to the Council on August 10, 2017. No corrections or changes were received by the Clerk. With no further corrections or changes the minutes were accepted as distributed. 8. CONSENT & ACTION ITEMS 8.A. Request by the Laconia Multicultural Festival to waive licensing and special event fees for the 2017 event Motion to waive the licensing and special event fees for the Laconia Multicultural Festival for the 2017 event made by Councilor Doyle and seconded by Councilor Lipman; the motion passed with all in favor. 1 of 8  8.B. Temporary Traffic Order 2017­12, Laconia Multicultural Festival Motion to approve Temporary Traffic Order 2017­12, Laconia Multicultural Festival as submitted made by Councilor Doyle and seconded by Councilor Lipman; the motion passed with all in favor. 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Cal Dunn (Garfield Street) addressed the Council regarding a sign that was erected on Garfield Street that states "City Maintenance Ends". The sign has resulted in less traffic on the street and the residents are appreciative of the change. 10. INTERVIEWS Mayor Engler noted that by Council Rules interviews will be held this evening and appointments will be made at the September 11, 2017 meeting. 10.A. Marnie Blaisdell Schulz seeking reappointment to a regular position on the Conservation Commission for a three­year term expiring at he end of August, 2020 M. Blaisdell Schulz was interviewed. 10.B. Richard Christopher seeking reappointment to a regular position on the Conservation Commission for a three­year term expiring at the end of August, 2020 R. Christopher was interviewed. 10.C. Patrick Wood seeking reappointment to a regular position on the Downtown TIF District Advisory Board for a three­year term expiring at the end of August, 2020 P. Wood was interviewed. 10.D. Suzanne Perley seeking reappointment to a regular position on the Zoning Board of Adjustment for a three­year term expiring at the end of August, 2020 S. Perley was interviewed. 10.E. Steven Bogert seeking reappointment to a regular position on the Zoning Board of Adjustment for a three­year term expiring at the end of August, 2020 S. Bogert was interviewed. 11. COMMUNICATIONS 12. PUBLIC HEARINGS 12.A. Resolution 2017­20 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $20,000 for Mobile Date Terminal (MDT) Equipment Notice of this public hearing was made in the Wednesday, July 26, 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 8:19 p.m. With no members of the public wishing to speak the public hearing was closed at 8:20 p.m. Action on this item will be taken up under Unfinished Business this evening. 12.B. Resolution 2017­21 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $2,700 for E­ticket Equipment Notice of this public hearing was made in the Wednesday, July 26, 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. 2 of 8  Mayor Engler opened the public hearing at 8:21 p.m. With no members of the public wishing to speak the public hearing was closed at 8:22 p.m. Action on this item will be taken up under Unfinished Business this evening. 12.C. Declaration of City Streets as Emergency Lanes Notice of this public hearing was made in the Tuesday, August 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 8:22 p.m. Marge Cadrette (Dell Avenue & Jefferson Street) is in support of the proposal and stated that she doesn't understand why the City would stop the services they have been providing all along. Mayor Engler and Councilor Lipman explained the process to date and the need to make the declaration to allow for insured City services. City Manager Myers added that a proposed policy on the maintenance of Emergency Lanes will be coming forward to the Council on August 28, 2017 with input from this evening having an impact on the proposal. Additionally, the staff within the City has brought forward the proposal to make the streets Emergency Lanes and they do not oppose this recommendation. Robert Owen (156 Eastman Shore Road North) requested clarification on resident responsiblity if it is not declared an Emeregency Lane. With the knowledge that the residents would be responsible for the similar upkeep as current, Mr. Owen was satisfied. Maureen Guglielmino(166 Eastman Shore Road North) is in support of the proposal. If it had been known at the time of the property purchase that this was not a City accepted street her family would have never made this their residence. Without the assistance of the City maintaining the road the families on the road would fear that there isn't adequate access for safety personell to access the properties. Barry Wilk (272 Pleasant Street) is in support of the proposal as it relates to Wentworth Road, which his driveway is accessed by. Tom Haughey (27 Wentworth Avenue) thanked the Council for finding a solution to the problem. Cal Dunn (Garfield Street) stated that he is unsure that the people on these streets are aware that this declaration would not be a permanent solution and that they should be aware of the options. City Manager Myers confirmed that if a direct abutter of a street were to come forward in opposition the declaration would not continue and that the statement that the City Staff would be coming to the Council with maintenance recommendations at the next meeting. Dan Minnick (17 Wentworth Avenue) asked if the water and sewer sustem would be maintained and it was confirmed that it would because they are a rate payer and invested in the system. City Manager Myers stated that there are hopes that in the course of looking through documents that some of these streets will have the acceptance found which is a better outcome for all. Robert Owen addressed the Council again and asked if any of the streets in question have received any different level of maintenance as compared to any other road in the City that has been accepted. City Manager Myers replied that until the questionable identity the roads have been maintained to the same level of service. Larry Kivimaki (176 Eastman Shore Road North) stated that he appreciates the level of service on Eastman Shore Road North over time because it has been very well maintained. It was asked what would need to happen to make Eastman Shore Road North a public road in the future as a longer term approach to a solution. City Manager Myers advised that a significant amount of staff time was consumed by this process and they will continue to work toward discovery, and if documents are found to identify that a private road was intended to be such, it may not be the outcome that is hoped. With more recent streets where a development has not completed, a betterment assessment can be done as was the process with Phoenician Way; this would be possible if the street was always intended to be a City street. 3 of 8  Rob Lamoureaux (243 Eastman Shore Road North) works from home and if he loses City services he would not be able to continue to do so. Over the years the City has been doing a fantastic job and he is thankful the City is doing this. Councilor Hamel noted that this is being done to continue to maintain the streets in a manner that is consistent with the maintenance that has been ongoing. This is a legal way to have proceed to be able to continue. There was discussion about the level of service that will be maintained Amy Kivimaki (176 Eastman Shore Road North) asked how one person can put a stop to this, such as someone calling and objecting. City Manager Myers replied that something in writing would be requested and a hold on the process would happen while the City did further research and deferred to Wesley Anderson, Director of Public Works for further clarification if needed. With no furhter public comment Mayor Engler closed the public hearing at 8:52 p.m. 13. MAYOR'S REPORT Mayor Engler reported on the Colonial Theater renovation project. The note of $1.4 million due to the City from the Belknap Economic Development Council (BEDC) is due on August 31, 2017 and there will be a formal request to extend this deadline to December 31, 2017 at the next Council Meeting. The City would continue to collect interest on the note until it is paid. The reasons for this extension were outlined as the delay in approval of tax credits by the Federal Government who is in possession of the application, the scope and cost of the project has not been finalized, the construction bids came in $3.3 million over the original estmates which was pared down but did result in a need to raise an additonal $1 million, and BEDC has discovered additional funding sources within the State but it is going to take time to materialize. Additionally, the value engineering phase has been a longer process that City Manager Myers, Mayor Engler and Councilor Bownes have been working with BEDC on over the last several months. The intention is to come to the City Council at the September 11, 2017 meeting with a list of items that need to be added back into the project because they were removed during the value enginering phase with the understanding that the City is going to have to invest additional funds in the project. Mayor Engler also reviewed the New Markets Tax Credit process which has forced allocation to other entities because of the delay in closing. There is still interest by the investor to but the actual allocation will not be given to Mascoma Bank until the fall. 14. COMMITTEE REPORTS 14.A. FINANCE 14.A.i. Downtown TIF Financing 14.A.ii. Conversion of street lights to LED Motion to remove this item from the agenda made by Councilor Lipman and seconded by Councilor Hamel; the motion passed with all in favor. 14.A.iii. WOW Trail Funding 14.B. PUBLIC SAFETY 14.B.i. Fair St/Court St traffic problems and accidents 14.C. GOVERNMENT OPERATIONS & ORDINANCES 14.C.i. Review of Chapter 167, Noise and Chapter 161 Licensing as it pertains to outdoor sound equipment and loudspeakers 14.C.ii. Ordinance Amending Chapter 221, Vehicles and Traffic/Parking on Sublawns 4 of 8  14.C.iii. Procedural review of grant applications 14.C.iv. Review of the Council Rules of Procedure Councilor Doyle reported as Committee Chair. The Committee has a draft document for the Council to review. This draft will be distributed to the Council and the hope is to have any amendments made before the August 28, 2017 meeting so a vote can be made on the rules. 14.C.v. Concerns regarding City Code Chapter 113, Animals, as it pertains to restraint of dogs to an owner's property Counilor Doyle moved to schedule a meeting on this item on August 28, 2017 at 6:00 p.m. and seconded by Councilor Baer; the motion passed with all in favor. 14.D. LANDS & BUILDINGS 14.D.i. Downtown parking garage 14.D.ii. Repair & maintenance of City buildings 14.D.iii. Former Lakeport Fire Station (23 Elm Street) 15. LIAISON REPORTS 16. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS 17. CITY MANAGER'S REPORT Councilor Lipman requested a promotion at the gateways of the City be planned for the designation of Pleasant Street School as the School of the Year. Additionally, Councilor Lipman has received a concern from a constituent regarding loud noises, particularly from fireworks. Councilor Hamel suggested having the TIF Advisory Committee look into having a traffic camera installed at the Busy Corner intersection rather than installing traffic light triggers in the ground. They have been installed at other intersections and they have worked well. City Manager Myers will look into this and bring a recommendation forward. Councilor Hamel expressed concerns about the overgrowth from a property at Busy Corner to which the City Manager will reach out to again. Councilor Hamel attended the summer employee barbecue and he felt it was minimally attended by staff. If so many employees are not going to attend the Council should consider not funding it. City Manager Myers explained that sign ups are required and the City purchases for how many will be attending and the leftover, uncooked food did go to the Boys and Girls Club. Department Heads can encourage staff to attend as well. Councilor Baer suggested holding one event rather than both. 17.A. Monthly Economic Development Report City Manager Myers reviewed the report. 17.B. Financial & Operational Trends City Manager Myers reviewed the report. 18. NEW BUSINESS 18.A. Request for a Building Permit at 38 Eastman Shore Road North Motion to approve the building permit at 38 Eastman Shore Road North made by Coucncilor Lipman and seconded by Councilor Doyle; the motion passed with all in favor. 5 of 8 18.B. Request for a Building Permit at 190 Eastman Shore Road North Motion to approve the building permit for 190 Eastman Shore Road North as requested contingent upon receiving all permits required by the City made by Councilor Doyle and seconded by Councilor Bownes; the motion passed with all in favor. 18.C. Request to approve the Traffic Signal Maintenance Agreement between the City and the NH Department of Transportation for the Pedestrian Rectangular Rapid Flashing Beacons system to be placed on Endicott Street North at the intersection with Lakeside Avenue Mayor Engler reviewed the proposal. Motion to approve the Traffic Signal Maintenance Agreement between the City and the NH Department of Transportation for the Pedestrian Rectangular Rapid Flashing Beacons system to be placed on Endicott Street North at the intersection with Lakeside Avenue and to authorize the City Manager to sign the agreement on behalf of the City made by Councilor Doyle and seconded by Councilor Bolduc; the motion passed with all in favor. 18.D. Request to allow snowmobiles to use the sidewalk across the Weirs Beach bridges over the channel and the railroad City Manager Myers reviewed the request which came from an individual. Wesley Anderson, Director of Public Works, assisted. It was noted that staff does not support the change to City policy. Councilor Hamel asked why the City is voting on a City policy when it is a State bridge. It was clarified by Director Anderson that the City is responsible for sidewalk maintenance. Mayor Engler added that he received a call from a constituent today regarding the State allowing use of the bridge by snowmobiles up until last year, at which time the City took over maintenance. The constituent noted that there is a right of way that has been maintained as a snowmobile trail that can only be accessed by crossing the bridge. There was discussion of allowing limited access and it was clarified that the State does not maintain sidewalks in any form; the City began removing the snow last year at the request of pedestrians. Concerns about the impact of snowmobiles on the sidewalk in regards to maintenance was also reviewed. Motion to table until August 28, 2017 made by Councilor Lipman and seconded by Councilor Bownes; the motion passed with all in favor. 18.E. Request from the Laconia Police Department to make Lakeside Avenue in the vicinity of the building with the Weirs the Beef restaurant a no parking area Mayor Engler reviewed the request which is a housekeeping item. Motion to approve a no parking zone on the east side of Lakeside Avenue frome the south end of the building at 329­347 to the intersection of Lakeside Avenue with Centenary Avenue made by Councilor Lipman and seconded by Councilor Bolduc; the motion passed wtih all in favor. 18.F. Request to reduce the speed limit on Eastman Road Motion to reduce the speed limit on Eastman Road from 35 mph to 25 mph as requested made by Councilor Doyle and seconded by Councilor Bolduc; the motion passed with all in favor. 18.G. Request to approve new Ambulance Rates to be effective on August 15, 2017 in conjunction with a revised Ambulance Agreement that is being finalized for City Council action in the coming weeks City Manager Myers reviewed the proposal of rate changes that have not been changed since 2008. Motion to extend the meeting until 10:30 p.m. made by Councilor Bolduc and seconded by Councilor 6 of 8 Bownes; the motion passed with all in favor.  Chief Erickson advised that the estimated increase amount would be approximately $60,000. He also reviewed the different in the rate codes and the mileage charges. Motion to approve the rate increases which supports the Ambulance Agreement between LRG Healthcare and the City of Laconia made by Councilor Hamel and seconded by Councilor Bolduc; the motion passed with all in favor. 18.H. First reading of resolution RES­2017­22 relative to authorizing an unanticipated appropriation from the State of NH, Highway Block Grant Funds of $294,633.74 per the adoption of Senate Bill 38, and to schedule a public hearing on August 28, 2017 during the regular City Council Meeting Motion to waive a reading of the resolution in its entirety and to read by title only made by Councilor Hamel and seconded by Councilor Baer; the motion passed with all in favor. A first reading of Resolution 2017­22 relative to authorizing an unanticipated appropriation from the State of NH, Highway Block Grant Funds of $294,633.74 per the adoption of Senate Bill 38 made by Councilor Baer and seconed by Councilor Hamel; the motion passed with all in favor. Motion to schedule a public hearing on August 28, 2017 during the regular City Council Meeting made by Councilor Baer and seconded by Councilor Bolduc; the motion passed with all in favor. 18.I. Impact Fee Transfer Request Motion to transfer $16,000 from account 50­301­001­0005, Impact Fees ­ Roads, to account 01­497­500­ 0013, DPW Street Repairs, made by Councilor Hamel and seconded by Councilor Bolduc; the motion passed with all in favor. Motion to transfer $5,000 from account 50­301­001­0006, Impact Fees ­ Library, to account 01­481­401­ 0000, Equipment, made by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. 19. UNFINISHED BUSINESS 19.A. Second reading of Resolution RES­2017­20 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $20,000 for Mobile Data Terminal (MDT) Equipment in the amount of $20,000 A second reading of Resolution 2017­20 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $20,000 for the Mobile Date Terminal (MDT) Equipment moved by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. 19.B. Second reading of Resolution RES­2017­21 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $2,700 for E­ticket Equipment A second reading of Resolution 2017­21 relative to authorizing the City Manager to accept and expend a grant on behalf if the City in the amount of $2,7000 for E­Ticket Equipment moved by Councilor Baer and seconded by Councilor Bolduc; the motion passed with all in favor. 20. NOMINATIONS, APPOINTMENTS & ELECTIONS 21. COUNCIL COMMENTS 22. FUTURE AGENDA ITEMS 22.A. Ordinance amendment relative to Chapter 167, Noise and Chapter 161, Licensing as it pertains to outdoor sound equipment and loudspeakers 7 of 8 22.B. Second reading of a resolution relative to the adoption of RSA 31:95­b, Appropriation of  funds made available during the year 22.C. Master Plan 22.D. Milfoil Treatment funding requests 22.E. Sewer & Water Master Plan 22.F. Single Stream Recycling/Concord Co­op/Solid Waste disposal cost reductions 22.G. Strategic Planning/Goal Setting 22.H. WOW Trail 22.I. Discussion regarding the City owned vendor spaces on the Boardwalk as it relates to renting to food vendors 23. NON­PUBLIC SESSION (According to RSA 91­A:3, II) Motion to enter into nonpublic session in accordance with RSA 91­A:3, II (d) made by Councilor Bolduc and seconded by Councilor Baer. On a unanimous roll call vote of the City Council it was entered into non­ public session at 10:06 p.m. During the non­public session a motion to extend until 10:45 p.m. was approved. A motion to come out of non­public session at 10:45 p.m. was made by Councilor Bolduc and seconded by Coucnilro Baer; the motion passed unanimously. Motion to seal the minutes of this non­public session for one (1) month made by Councilor Hamel and seconded by Councilor Bownes; the motion passed unanimously. 24. ADJOURNMENT With no further business coming before the City Council and with no objections Mayor Engler adjourned the meeting at 10:45 p.m. 8 of 8