City Council

CITY OF LACONIA - CITY COUNCIL MEETING SEPTEMBER 11, 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 Bob Hamel 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, Brenda Baer, Bob Hamel and Armand Bolduc. Absent: Henry Lipman Mayor Engler noted that all five (5) Councilors are in attendance and a quorum is established. 5. STAFF IN ATTENDANCE City Manager Scott Myers 6. PRESENTATIONS 7. COUNCIL PROCLAMATION 8. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 8.A. Minutes of the August 28, 2017 regular meeting The minutes were distributed by the Clerk on September 5, 2017. No corrections were received. With no further corrections the minutes were accepted as distributed. 9. CONSENT & ACTION ITEMS 10. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA 11. INTERVIEWS Mayor Engler advised that interviews conducted this evening will be elected at the next meeting on September 25, 2017. 11.A. Dean Anson ­ Seeking reappointment to the Conservation Commission for a three­year term expiring at the end of August, 2020 D. Anson was interviewed. 11.B. Kerren Horn ­ Seeking appointment to the Downtown TIF District Advisory Board for a three­year term expiring at the end of August, 2017 K. Horn was interviewed. 12. NOMINATIONS, APPOINTMENTS & ELECTIONS 13. COMMUNICATIONS 13.A. Letter from Laconia Downtown TIF Advisory Board re: Downtown Parking Garage Mayor Engler advised the letter was received and asked if anyone had comments. Councilor Bownes suggested that this process be moved forward and the request to meeting with the City Council be honored. The item is currently assigned to the Land & Buildings Committee and a meeting can be scheduled after a time is discussed with the TIF Advisory Board. Patrick Wood, TIF Advisory Board, stated that he would be happy to discuss with Councilor Hamel in a few weeks. 14. PUBLIC HEARINGS 15. MAYOR'S REPORT Mayor Engler reminded everyone that it is Election Day tomorrow in the City. There appears to be some confusion about the day. It was clarified that the hours of the poll will be 7:00 a.m. until 7:00 p.m. It was also explained that a Municipal Primary will be held in Wards 1, 2 and 4 for City Council because there are three (3) candidates on the ballot, which will result in one (1) candidate for each ward being eliminated. Additionally, there will be a Special State Election for the vacant House of Representative seat for District 9; therefore all six (6) wards will have a ballot for the Special State Election. Mayor Engler acknowledged that the City Clerk will be resigning her position in October and thanked her for her service to the City. 16. COMMITTEE REPORTS Motion to reschedule the discussion regarding the vendor spaces on the Boardwalk rented by the City during Motorcycle Week until October 10, 2017 at 6:00 p.m. made by Councilor Hamel and seconded by Councilor Baer; the motion passed with all in favor. 16.A. FINANCE (Lipman, Hamel, Baer) 16.A.i. WOW Trail Funding 16.A.ii. Downtown TIF Financing 16.B. PUBLIC SAFETY (Baer, Doyle, Bownes) 16.B.i. Fair St/Court St traffic problems and accidents 16.C. GOVERNMENT OPERATIONS & ORDINANCES (Doyle, Bolduc, Bownes) 16.C.i. Review of Chapter 167, Noise and Chapter 161 Licensing as it pertains to outdoor sound equipment and loudspeakers 16.C.ii. Ordinance Amending Chapter 221, Vehicles and Traffic/Parking on Sublawns 16.C.iii. Procedural review of grant applications 16.C.iv. Concerns regarding City Code Chapter 113, Animals, as it pertains to restraint of dogs to an owner's property Mayor Engler requested an update on this item. Councilor Doyle advised nothing has been received from legal counsel therefore this item will not be brought up this evening. Mayor Engler advised anyone present wishing to discuss this topic may due so during Citizen Comments on Current Agenda Items. 16.D. LANDS & BUILDINGS (Hamel, Lipman, Bolduc)  16.D.i. Repair & maintenance of City buildings 16.D.ii. Downtown parking garage 16.D.iii. Discussion regarding the City owned vendor spaces on the Boardwalk as it relates to renting to food vendors 16.E. PUBLIC WORKS (Bolduc, Baer, Bownes) 16.E.i. Proposal to implement City Policies for designating emergency lanes Councilor Bolduc reported on the meeting this evening and advised that no decision was made but a finalized policy will be brought to the full Council once the committee has reviewed this policy. Councilor Bownes added that the committee moved to endorse the maintenance standards which will be brought up under Unfinished Business this evening. 17. LIAISON REPORTS 18. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Robert Lamoureux (243 Eastman Shore) addressed the Council regarding emergency lanes and encouraged the Council to adopt a policy that was protective of the property owners. Mayor Engler advised that this item was going to be discussed this evening and an amendment has been presented that will address concerns. Aaron Hayward (66 Penny Lane) addressed the Council regarding the concerns of invisible fencing and the amendments proposed for Chapter 113. A. Hayward explained that they were responsible pet owners by installing an invisible fence on the property for his husky and it works very well. If a physical fence was built it would be jumped or dug under. Councilor Doyle advised that there is nothing requiring a fence to be built but rather that the owner needs to be outside when the dog is outside. A. Hayward commented that this seemsto be a smaller problem than it is being made out to be and one person should not have this much impact on a decision. Ruth O'Hara (38 Opal Lane) addressed the Council because she would like to install an invisible fence because she does not want to need to be outside with her dog because the invisible fence would keep her dog on the property. She is not in support of the changes to Chapter 113. Paula Glaude (77 Emerald Drive) addressed the Council because her dog was the dog that charged Marc Burrells dog but the Council never investigated the accusation before making changes. While the dog did charge to play, the dog has since been trained to stay in the yard by adjusting the voltage of the invisible fence and this is no longer an issue. More should have been done to investigate the unreported infractions before these changes were made. Reuben Bassett (103 Franklin Street) expressed his concerns because there are already items in place to address when the dog goes off the property and the issue seems to be brought up that enforcement needs to happen. R. Bassett spoke with the Animal Control Officer last week and she has not been contacted about this proposal and she should be before this is decided. Kim Kessler (164 Province Street) addressed the Council regarding the invisible fence. As the owner of two (2) dogs and having a toddler she utilizes an invisible fence to assist with her dogs. Having to put up a physical fence would be prohibitive to her dogs. In her particular neighborhood people watch out for each other and this would not be possible with a physical fence between the yards. She is not in favor of making changes to Chapter 113. James Fitzgerald stated that he does not have an electric fence but suggested the Council look at the magnitude of what they are considering. The electric fences have been in place for decades, there has been one (1) complaint over the last several years, and the Police Department has reported that there have been minimal complaints. With that J. Fitzgerald encouraged the Council to abandon the proposal and do nothing.  Newbold LeRoy (1388 Old North Main Street) addressed the Council regarding the proposal for Chapter 113 which he feels is over regulating and unnecessary. In his neighborhood there are several electric fences and he has never seen a dog break through in the many years he has lived in his neighborhood. N. LeRoy requested that this not be continued and that the City Attorney being involved for one complaint is unneeded. Sara Brooks (775 Elm Street) addressed the Council regarding the electric fences. Her puppy has never broke through the electric fence, but to the contrary her neighbor has a physical fence that they break free from. There have also been times when a tethered dog has broken free while she has been walking her dog. S. Brooks feels that if a dog wants to be free it will find a way and the measures proposed in the changes to Chapter 113 are not going to change that. Mayor Engler noted that this item is not coming back before the Council until after the committee has received a proposal from the City Attorney. 19. CITY MANAGER'S REPORT City Manager Myers commented on some comments made at the podium this evening. The Police Department was represented by Chief Canfield and Lieutenant Finogle during the meetings regarding the amendments to Chapter 113 therefore there was representation from the Department during these discussions. Additionally, anyone that has not viewed the new City website that went live in July they are encouraged to do so. Residents have the ability to sign up for notifications, view City policies and review the City calendar of events. City Manager Myers introduced Krista Larsen as the new Assistant Public Works Director and welcomed her to the City. 19.A. Monthly Economic Development Report City Manager Myers reviewed the report. 19.B. Financial and Operational Trends Report City Manager Myers reviewed the report. 20. NEW BUSINESS 20.A. First reading of resolution 2017­23 relative to authorizing the City Manager to accept and expend grants on behalf of the City in the amount of $50,000 from the Granite Hammer Grant 2017/2018 City Manager Myers reviewed the grant. 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. First reading of resolution 2017­23 relative to authorizing the City Manager to accept and expend grants on behalf of the City in the amount of $50,000 from the Granite Hammer Grant 2017/2018 moved by Councilor Baer and seconded by Councilor Bolduc; the motion passed with all in favor. Motion to schedule a public hearing for September 25, 2017 during the regularly scheduled City Council meeting made by Councilor Baer and seconded by Councilor Doyle; the motion passed with all in favor. 20.B. Under His Wings Preschool request to use Opechee Track and parking lot on October 15, 2017 from 9 am to 1 pm for fundraising for Under His Wings Preschool Motion to approve the request as submitted made by Councilor Bolduc and seconded by Councilor Bownes; the motion passed with all in favor. 20.C. Tentative Agreement with Laconia Police Officers' Association City Manager Myers advised that the Council is voting on the cost items and details will be discussed upon approval.  Motion to approve the tentative agreement with the Laconia Police Officers' Association made by Councilor Baer and seconded by Councilor Doyle; the motion passed with all in favor. City Manager Myers reviewed the contract with the Council. The contract will move the insurance to the same plan as other unions effective October 1, 2017, wages will be amended and a COLA will be effective upon ratification of %0.6 with another %0.6 being given on January 1, 2017, and a $1,000 stipend will be paid annually for any officer obtaining Master Patrolman. The contract is not retroactive for the COLA but steps will be for those that would have received one during the time the contract was not approved. Shift differentials have also been adjusted and there were some housekeeping items, as well as one (1) annual stipend for earning a degree. City Manager Myers reviewed the costs associated with the new contract being $63,071. 20.D. Request to increase City funding for the Colonial Theatre project Mayor Engler reviewed a comparison budget and provided a general overview of the project to date. This evening the City Council is being asked to approve an additional $1.2 million bringing the City's total loan to $4.2 million to ensure the project is completed to the standard which is needed to support the necessary equipment for the performance aspect of the theater. The proposed Operating Pro­forma was reviewed which initially showed that the rental income for the property was not sufficient to sustain the overhead therefore the City is being asked to increase the rental agreement to $12,000 per month and to take responsibility for the heating and electricity for the theater at approximately $52,000 per year. Mayor Engler reviewed the investment costs, including the theater equipment, Canal Street block improvements and theater space improvements. In addition to the City loan increase, Community Development Block Grant funding from NHCDFA is anticipated in the amount of $470,000 and a loan to BEDC from the NH Business Finance Authority in the amount of $782,182 will increase the availablefunds to $2,452,182 and all aspects of the project will be completed to the expected level. Mayor Engler requested to table this item to allow the Finance Committee to meet and discuss the proposal. It is anticipated that this meeting can be scheduled for September 25, 2017 at 6:00 p.m. Mayor Engler reviewed the income that can be expected from interest on a loan to BEDC as opposed to keeping funds in low yield accounts as well as the additional cost for commitment for rental increase and utilities as proposed. It was reiterated that the City is earning interest on the loans made and when the City begins paying rent they would have already earned $180,000 in interest. The proposed resolution was reviewed with the changes to item A and item B. The risk being taken by BEDC was acknowledged and the need to ensure them the City is not leaving the door open for significant loss was the key to adding the new language to the resolution. Additionally, the assumption has been made that in seven (7) years whomever is sitting at the Council table will happily purchase the property and this would ensure that this happens. Discussion followed regarding the annual expense of the utilities and roof repairs. City Manager Myers thanked Councilor Bownes, Mayor Engler and the team at BEDC for the efforts they have put in for this project. The improvements that will be seen in Downtown are beyond what was outlined in the pro­forma. It was recommended that the Council identify if they are in support of the proposal so that BEDC can have a general decision pending formal approval before there Board meeting on Friday. Motion to approve the resolution as presented made by Councilor Bownes and seconded by Councilor Bolduc as read into the record by Mayor Engler as follows: WHEREAS the Laconia City Council on May 26, 2015 committed financial support to the Belknap County Economic Development Council's (BECD) plan to purchase and renovate the three Colonial Theater buildings in downtown Laconia, and WHERAS the Laconia City Council remains committed to this project as being vital to the overall economic vitality of the downtown area, and  WHEREAS New Hampshire RSA 33:3 expressly authorizes municipalities to issue bonds or notes for purposes of economic development, which shall include public­private partnerships involving capital improvements, loans and guarantees, now therefore be it RESOLVED that the Laconia City Council on the 11th day of September 2017 commits to amending the relevant resolution passed on May 26, 2015 to read as follows: A. Item number two is amended to say: The City of Laconia commits to loaning a sum of $4.2 million of public funds to the LLC formed by the BEDC (609 Main Street, LLC) for the purposes of renovating the three Colonial Theater buildings in downtown Laconia and having said funds available for a closing date to be determined but to be not later than December 31, 2017. The term of the note shall be seven years and interest only will be charged for that period at the rate of the U.S. Treasury 10­year note, plus one­quarter of one percent on the closing date — per year. At the end of seven years the city will purchase two of the three buildings involved in the project — the auditorium and the Canal Street block — plus the theater­related portions of the Main Street building for $4.2 million. B. Item number three is amended to say: The City of Laconia commits to leasing the auditorium and related spaces (see item number two) from 609 Main Street, LLC for a period of seven years, commencing on the day the renovated buildings are declared available for occupancy. The annual rent for this space shall be $144,000. The rent shall be all inclusive (gross) with exceptions that the city shall be responsible for paying the cost of electricity and heat/air conditioning for the relevant spaces, which shall be separately metered. C. Item number four is eliminated. D. Items number one and five remain unchanged. Motion to table this resolution pending a report of the Finance Committee to review the proposal and recommendation of financing of the additions of the loan made by Councilor Bownes and seconded by Councilor Hamel; the motion passed with all in favor. Motion to refer this item to the Finance Committee to review options for financing the additional $1.2 million within the limits of the property tax cap made by Councilor Hamel and seconded by Councilor Bolduc; the motion passed with all in favor. Motion to schedule a meeting of the Finance Committee for September 25, 2017 at 6:00 p.m. to discuss this proposal made by Councilor Hamel and seconded by Councilor Baer; the motion passed with all in favor. 21. UNFINISHED BUSINESS 21.A. Request to allow snowmobiles to use the sidewalk across the Weirs Beach bridges over the channel and the railroad City Manager Myers advised that there is no new information at this time and this item will remain on the table. 21.B. Proposed maintenance standards for emergency lanes The proposed maintenance standards as amended to add a paragraph relative to rescinding of the designation Motion to remove from the table made by Councilor Bolduc and seconded by Councilor Baer; the motion passed with all in favor. The amendment was reviewed by City Manager Myers. It was reiterated that the City does not intend to rescind a designation without working with the property owners and while this language is still in State law this gives a level of comfort for the property owners. Motion to amend the proposed policy as presented by inserting the following language in item 2A,paragraph 3: "In the event the City Council determines that the emergency lane designation of a particular private or Class VI road should be rescinded pursuant to RSA 231:51-a, IV, the City will work with affected abutters to establish the procedure by which the City will cease maintenance and/or plowing of the road" made by Councilor Hamel and seconded by Councilor Doyle; the motion passed with all in favor.  21.C. Request to declare City streets as Emergency Lanes Motion to remove from the table made by Councilor and seconded by Councilor; the motion passed with all in favor. Motion to declare emergency lane designation for Cotton Hill Road from the boundary line with the Town of Gilford to the dead end, Dell Avenue from Jefferson Street to Appleton Street, Eastman Shore Road North from Eastman Road to the dead end, Lucerne Avenue from Endicott Street to the dead end, Mckinley Road from Pendleton Road to Zebley Shore Road, Regis Road from Ashley Drive to Pendleton Road and Wentworth Avenue from Pleasant Street to the dead end made by Councilor Bownes and seconded by Councilor Doyle; the motion passed with all in favor. 22. COUNCIL COMMENTS 23. FUTURE AGENDA ITEMS 23.A. Ordinance amendment relative to Chapter 167, Noise and Chapter 161, Licensing as it pertains to outdoor sound equipment and loudspeakers 23.B. Second reading of a resolution relative to the adoption of RSA 31:95­b, Appropriation of funds made available during the year 23.C. Master Plan 23.D. Milfoil Treatment funding requests 23.E. Sewer & Water Master Plan 23.F. Single Stream Recycling/Concord Co­op/Solid Waste disposal cost reductions 23.G. Strategic Planning/Goal Setting 23.H. WOW Trail 24. NON­PUBLIC SESSION (According to RSA 91­A:3, II) 25. ADJOURNMENT With no further business to come before the Council and with no objecitons this meeting was adjourned at 8:46 p.m. Respectfully Submitted Mary Reynolds, City Clerk These minutes were accepted by the City Council at there meeting of September 25, 2017.