City Council

CITY OF LACONIA ­ CITY COUNCIL MEETING November 13, 2017 7:00 PM 11/13/2017 ­ Minutes 1. CALL TO ORDER Mayor Pro Tem Armand Bolduc called the meeting to order at the above date and time. 2. SALUTE TO THE FLAG Councilor Henry Lipman led the Salute to the Flag. 3. RECORDING SECRETARY City Clerk Cheryl Hebert 4. ROLL CALL City Clerk Hebert called the roll with the following Councilors in attendance: Ava Doyle, Henry Lipman, Brenda Baer, Bob Hamel, and Armand Bolduc. Absent: Mayor Ed Engler, Councilor David Bownes Mayor Pro Tem Bolduc noted that five (5) Councilors are in attendance and a quorum is established. 5. STAFF IN ATTENDANCE City Manager Scott Myers, Finance Director Donna Woodaman 6. COUNCIL PROCLAMATION 7. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 7.A. Regular meeting minutes of October 23, 2017 Minutes of the October 23, 2017 meeting were distributed to the City Council on Thursday, October 26, 2017. No corrections were received. With no corrections, minutes were accepted as distributed. 8. CONSENT & ACTION ITEMS 8.A. Temporary Traffic Order 2017­17 Holiday Parade Councilor Hamel moves to approve Temporary Traffic Order 2017­17 for the Holiday Parade on November 25, 2017, seconded by Councilor Lipman; the motion passed with all in favor. 8.B. Salvation Army Turkey Plunge Councilor Baer moves to approve the use of Opechee Point Beach, parking lot and Opechee Park House to the Salvation Army for a fundraising event to be held on November 18, 2017 from 8 AM to 1 PM, seconded by Councilor Lipman; the motion passed with all in favor. 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Charlie St. Clair of 72 North Main Street ­ spoke on behalf of the Laconia Motorcycle Week Association, thanked Councilor Baer and Councilor Doyle for all the work done for the City and the work with Laconia Motorcycle Week Association. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Public Hearing regarding a proposed application to the Community Development Finance Authority for up to $500,000 in Community Development Block Grant Funds. The City will retain some of the funds for administration costs and sub grant the benefits of the remainder to Belknap County Economic Development Council, Inc. for equipment for the Colonial Theater Redevelopment project. Mayor Pro Tem Bolduc opened the public hearing at 7:08 PM City Manager Myers read in to the record the following: Community Development Block Grant funds are available to municipalities through the NH Community Development Finance Authority. Up to $500,000 annually is available on a competitive basis for public facility and housing projects, up to $500,000 for economic development projects and up to $350,000 for emergency activities. All projects must directly benefit low and moderate income persons. Up to $12,000 per study is available for Planning Grants. Hearing no comments from the public, Mayor Pro Tem Bolduc closed the public hearing at 7:09 pm 13.B. Public Hearing for the Housing and Community Development Plan Mayor Pro Tem Bolduc opened the public hearing at 7:09 pm City Manager Myers read into the record the following: The City of Laconia commits to the following goals to meet its Housing and Community Development needs: Goal: Encourage a varied stock of safe, sanitary, decent and affordable housing for persons of all age and income groups. (Short­term and Long­term goal). Goal: Encourage economic development activities to increase quality industrial and commercial development. Encourage the expansion and retention of employment opportunities for residents. (Short­term and Long­term goal). Goal: Encourage municipal and private water and waste­water systems that are safe, sanitary and that meet DES regulations. (Short­term and Long­term goal). Goal: Preserve and promote the city's historically and culturally significant structures. (Short­term and Long­term goal). Goal: Promote activities that protect the health and safety of residents and visitors. (Short­term and Long­term goal). As a matter of policy, Laconia will minimize the involuntary displacement of households from their neighborhoods. These goals are consistent with the City of Laconia's Master Plan and local ordinances. Any federal CDBG grant funds awarded to address any of these goals shall be expended consistent with national objectives and shall, at a minimum, provide improved housing in accordance with Section 8 standards, be used for public facility projects, employment opportunities, or feasibility studies. All CDBG funded projects, shall primarily benefit low and moderate income persons or households, and shall not benefit moderate income persons or households to the exclusion of low income persons or households. Hearing no comments from the public, Mayor Pro Tem Bolduc closed the public hearing at 7:10 pm 13.C. Public Hearing on the Residential Anti­displacement and Relocation Assistance Plan. Mayor Pro Tem Bolduc closed the public hearing at 7:10 pm City Manager Myers read in to record the following:  Although this project does not involve any displacement or relocation of persons (or businesses), if the City were to undertake a CDBG project which involved displacement or relocation they would follow this plan. The plan outlines the measures they would take to find comparable, suitable housing for persons (or businesses) displaced or relocated. Hearing no comments from the public, Mayor Pro Tem Bolduc closed the public hearing at 7:11 pm 13.D. Public Hearing for Resolution 2017­25 relative to authorizing the City Manager to accept and expend grants on behalf of the City in the amount of $9,227.04 from the Laconia Distracted Driving Grant, Project #318­18B­012. This notice of the public hearing was made in the October 26, 2017 edition of the Laconia Daily Sun, the Laconia City Hall, Community Center, Laconia Public Library, and SAU Mayor Pro Tem Bolduc opened the public hearing at 7:11 pm Hearing no comments from the public, Mayor Pro Tem Bolduc closed the public hearing at 7:11 pm 13.E. Public Hearing for Resolution 2017­26 relative to authorizing the City Manager to accept and expend grants on behalf of the City in the amount of $13,811.00 from the Laconia DWI Patrols Grant, Project #308­18B­017. This notice of the public hearing was made in the October 26, 2017 edition the Laconia Daily Sun, the Laconia City Hall, Community Center, Laconia Public Library, and SAU. Mayor Pro Tem Bolduc opened the public hearing at 7:13 pm Hearing no comments from the public, Mayor Pro Tem Bolduc closed the public hearing at 7:13 pm 13.F. Public Hearing for Resolution 2017­27 relative to authorizing the City Manager to accept and expend grants on behalf of the City in the amount of $1,031.50 from the Laconia Radar Grant, Project #315­18B­041. This notice of the public hearing was made in the October 26, 2017 edition of the Laconia Daily Sun, the Laconia City Hall, Community Center, Laconia Public Library, and SAU. Mayor Pro Tem Bolduc opened the public hearing at 7:14 pm Hearing no comments from the public, Mayor Pro Tem Bolduc closed the public hearing at 7:14 pm 13.G. Public Hearing for Resolution 2017­28 relative to authorizing the City Manager to accept and expend grants on behalf of the City in the amount of $12,671.77 from the Laconia STEP Grant, Project #315­18B­022. This notice of the public hearing was made in the October 26, 2017 edition the Laconia Daily Sun, the Laconia City Hall, Community Center, Laconia Public Library, and SAU. Mayor Pro Tem Bolduc opened the public hearing at 7:15 pm Hearing no comments from the public, Mayor Pro Tem Bolduc closed the public hearing at 7:15 pm 13.H. Public Hearing for Resolution 2017­29 relative to authorizing the City Manager to accept and expend grants on behalf of the City in the amount of $7,381.63 from the Laconia Sobriety Checkpoints Grant, Project #308­18B­089. This notice of the public hearing was made in the October 26, 2017 edition of the Laconia Daily Sun, the Laconia City Hall, Community Center, Laconia Public Library, and SAU. Mayor Pro Tem Bolduc opened the public hearing at 7:16 pm Hearing no comments from the public, Mayor Pro Tem Bolduc closed the public hearing at 7:16 pm  13.I. Public Hearing for the Ordinance 2017­149­06, an Ordinance amending Chapter 149, Fire Prevention and Emergency Medical Services. This notice of the public hearing was made in the October 26, 2017 edition of the Laconia Daily Sun, the Laconia City Hall, Community Center, Laconia Public Library, and SAU. Mayor Pro Tem Bolduc opened the public hearing at 7:17 pm Chief Ken Erickson explained the changes in the Ordinance. The Ordinance will bring the wording up to date with the State Ordinance. There is no cost to the City. In the long run, there will be less maintenance costs for subdivisions and property owners. It will be less expensive for developers to install sprinklers, as water mains are already installed. Less infrastructure and annual maintenance will be required. This proposal will bring the PUD and cluster developments in line with other sprinkler ordinances that were adopted by the Council in 2007. Fire alarms are not as effective. They provide warning, but are of no value if no one is home, which occurs in the off seasons. By making this change we will take a major step in consistent fire protection for the future. Sprinklers save lives and result in less fire damage, whereas the detection systems simply alert occupants of the fire. City Manager Myers stated this could be voted on tonight under unfinished business or the Council could move to table the vote until the next meeting and see if there is anyone from the public that would wish to speak on this Ordinance. Mayor Pro Tem Bolduc closed the public hearing at 7:29 pm 14. PRESENTATIONS 15. MAYOR'S REPORT 16. COMMITTEE REPORTS 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 Councilor Doyle moves to remove item 16.C.iv., Concerns regarding City Code Chapter 113, Animals, as it pertains to restraint of dogs to an owner's property, seconded by Councilor Lipman, the motion passed with all in favor. 16.D. LANDS & BUILDINGS (Hamel, Lipman, Bolduc) 16.D.i. Downtown parking garage 16.D.ii. Repair & maintenance of City buildings  16.D.iii. Discussion regarding the City owned vendor spaces on the Boardwalk as it relates to renting to food vendors Councilor Hamel moves to remove item 16.D.iii., Discussion regarding the City owned vendor spaces on the Boardwalk as it relates to renting to food vendors, seconded by Councilor Doyle; the motion passed with all in favor. 16.E. PUBLIC WORKS (Bolduc, Baer, Bownes) 16.E.i. Proposal to implement City Policies for designating emergency lanes 17. LIAISON REPORTS 18. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS No comments from citizens regarding current agenda items. 19. CITY MANAGER'S REPORT 19.A. Financial and Operational Trends Report City Manager Myers reviewed the report. Councilor Baer questioned how does the public know when and if an emergency shelter is open during a storm when there is no power. Chief Erickson stated the public should call the police station or fire department with these concerns. He suggests the opening of a warming station such as the Laconia Public Library or the Senior Center. There is a great deal involved to open an emergency shelter and when the numbers in need are low then one would not be open. In an emergency the only number that should be called is 911, other issues the public should call the Fire Department or Police Department general numbers. Discussion was had regarding being prepared in the event of an emergency with food, water, heat, and who to contact. Chief Erickson said he is available 24 hours a day, 7 days a week. 19.B. Monthly Economic Development Report City Manager Myers reviewed the report. City Manager Myers is reappointing Robert Harrington to the Laconia Housing Authority Commissioner. Councilor Hamel moves to upgrade the Court Street, Gilford Avenue, and Busy Corner lights to countdown lights at the time of construction in those areas. City Manager Myers suggests that more specific information be brought to the Council before a decision is made regarding the upgrade to countdown lights. Councilor Hamel withdraws motion till next meeting. Councilor Baer asked if the City received the $100,000 rebate from the LED lights ­ Yes we have. Councilor Lipman asked for an update regarding the equipment for the Colonial Theater. City Manager Myers spoke to Justin Slattery and everything seems to be on track. J. Slattery is hoping this winter there will be action taking place. Still waiting on New Market Tax Credits. Councilor Baer asked if there has been any update on the Police Grant. City Manager Myer said there has not been an update and it is a Federal Grant. 20. NEW BUSINESS 20.A. Building Permit on a private road for 38 Pendleton Beach Road Councilor Doyle moves to approve the request for a building permit on a private road for 38 Pendleton Beach Road with the condition all pertinent permits are obtained, seconded by Councilor Lipman; the motion passed with all in favor. 20.B. Request for a Building Permit at 46 Lucerne Ave  Councilor Doyle moves to approve the building permit for 46 Lucerne Avenue as requested contingent upon receiving all permits required by the City, seconded by Councilor Hamel; the motion passed with all in favor. 20.C. Resolution 2017­30 relative to authorizing the City Manager to apply to the State of NH DOT for a temporary use agreement in the City's name that will allow for the completion of a study concerning the different options and benefits of how to build Phase 3 of the WOW Trail and to sign all necessary documents Councilor Lipman moves to table Resolution 2017­30 and to allow for more public input before being voted on, seconded by Councilor Hamel. Councilor Baer abstains, the motion passed with four (4) in favor. 20.D. Boat Agent Authorization Councilor Hamel moves to allow the renewal of the Boat Agent Agreement with the State of NH ­ DMV with the City of Laconia and boat dealers, seconded by Councilor Doyle; the motion passed with all in favor. City Manager Myers named the marinas that are involved with this agreement. Councilor Hamel moves to allow the City Clerk to sign the Boat Agent Agreement on behalf of the City of Laconia, seconded by Councilor Doyle; the motion passed with all in favor. 20.E. Request to authorize Mayor Pro Tem Bolduc to sign the Assignment of Lease, An Assignment and Assumption of Lease, and Notice of Assumption of Lease between the Laconia Airporty Authority and Skyriders, LLC. Marv Emerson from Laconia Airport explained the lease agreements. Councilor Lipman moves to approve the request to authorize Mayor Pro Tem Bolduc to sign the Assignment of Lease, an Assignment and Assumption of Lease, and a Notice of Assumption of Lease between Skyriders, LLC and Laconia Airport Authority, seconded by Councilor Hamel; the motion passed with all in favor. 20.F. Request to authorize Mayor Pro Tem Bolduc to sign the Lease agreement between the City of Laconia and Laconia Airport Authority and 73 Aviation Drive Hanger Association Marv Emerson explained this involves the renewal of the lease that has expired. Councilor Hamel moves to authorize Mayor Pro Tem Bolduc to sign the Lease Agreement between the City of Laconia and Laconia Airport Authority and 73 Aviation Drive Hanger Association, seconded by Councilor Doyle; the motion passed with all in favor. 20.G. Request to authorize Mayor Pro Tem Bolduc to sign the Agreement to Maintain and Operate a Fuel Farm Marv Emerson explained the renewal of a 40 year lease. Councilor Hamel moves to authorize Mayor Pro Tem Bolduc to sign the Agreement to maintain and operate a fuel farm between the City of Laconia and Laconia Airport Authority and Southeast Gas Company, also known as Sky Bright, one of the Fixed Base Operators at the airport, seconded by Councilor Doyle; the motion passed with all in favor. 20.H. Request to authorize Mayor Pro Tem Bolduc to sign the Lease Agreement between the City of Laconia and Laconia Airport Authority and Southeast Gas Company, also known as Sky Bright ­ one of the Fixed Base Operators at the Airport Marv Emerson explained the renewal of the 40 year lease. Councilor Doyle moves to authorize Mayor Pro Tem Bolduc to sign the Lease Agreement between the City of Laconia and Laconia Airport Authority and Southeast Gas Company, also know as Sky Bright ­ one of the Fixed Base Operators at the Airport, seconded by Councilor Lipman; the motion passed with all in favor. 20.I. Motion to appoint a Council representative to the Debra Bieniarz Award Committee  Councilor Hamel moves to appoint Councilor Ava Doyle as the City Council's representative to the Debra Bieniarz Award Committee, seconded by Councilor Baer; the motion passed with all in favor. 21. UNFINISHED BUSINESS 21.A. A proposed application to the Community Development Finance Authority for up to $500,000 in Community Development Block Grant Funds. The City will retain some of the funds for administration costs and sub grant the benefits of the remainder to Belknap County Economic Development Council, Inc. for equipment for the Colonial Theater Redevelopment project located at 609 Main St., Laconia NH 03246. The majority of the jobs created with this project will be low and moderate income. City Manager Myers read into record the following: Community Development Block Grant funds are available to municipalities through the NH Community Development Fiance Authority. Up to $500,000 annually is available on a competitive basis for public facility and housing projects, up to $500,000 for economic development projects and up to $350,000 for emergency activities. All projects must directly benefit low and moderate income persons. Up to $12,000 per study is available for Planning Grants. A proposed application to the Community Development Finance Authority for up to $500,000 in Community Development Block Grant Funds. The City will retain some of the funds for administration costs and sub grant the benefits of the remainder ot Belknap County Economic Development Council, Inc. for equipment for the Colonial Theater Redevelopment project located at 609 Main St., Laconia NH 03246. The majority of the jobs created with this project will be low and moderate income. This project conforms with Laconia's Housing and Community Development Plan's Goal of: Encourage economic development activities to increase quality industrial and commercial development. Encourage the expansion and retention of employment opportunitites for residents. (Short­term and Long­term). Councilor Hamel moves to approve the submittal of the application and to authorize the City Manager to sign and submit the application, and upon approval of the CDGB application, authorize the City Manager to execute any documents which may be necessary to effectuate the CDGB contract and any amendments there to, seconded by Councilor Doyle; the motion passed with all in favor. 21.B. Housing and Community Development Plan Councilor Lipman moves to adopt the updated Housing and Community Development plan and authorize the City Manager to sign, seconded by Councilor Hamel; the motion passed with all in favor. 21.C. The Residential Anti­Displacement and Relocation Assistance Plan City Manager Myers said we will be signing it but do not anticipate any displacement. Councilor Hamel moves to adopt the Anti­displacement and Relocation Assistance Plan and authorize the City Manager to sign, seconded by Councilor Doyle; the motion passed with all in favor. 21.D. Resolution 2017­25 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $9,227.04 from the Laconia Distracted Driving Grant, Project #318­18B­012 Councilor Hamel moves to approve Resolution 2017­25 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $9,227.04 from the Laconia Distracted Driving Grant, Project #318­18B­012, seconded by Councilor Doyle; the motion passed with all in favor. 21.E. Resolution 2017­26 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $13,811.00 from the Laconia DWI Patrols Grant, Project #308­18B­017 Councilor Doyle moves to approve Resolution 2017­26 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $13,811.00 from the Laconia DWI Patrols Grant, Project #308­18B­017, seconded by Councilor Hamel; the motion passed with all in favor.  21.F. Resolution 2017­27 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $1,031.50 from the Laconia Radar Grant, Project #315­18B­ 041. Councilor Doyle moves to approve Resolution 2017­27 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $1,031.50 from the Laconia Radar Grant, Project #315­18­B­ 041, seconded by Councilor Lipman; the motion passed with all in favor. 21.G. Resolution 2017­28 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $12,671.77 from the Laconia STEP Grant, Project #315­18B­ 022 Councilor Doyle moves to approve Resolution 2017­28 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $12,671.77 from the Laconia STEP Grant, Project #315­ 18B­022, seconded by Councilor Hamel; the motion passed with all in favor. 21.H. Resolution 2017­29 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $7,381.63 from the Laconia Sobriety Checkpoints Grant, Project #308­18B­089. Councilor Lipman moves to approve Resolution 2017­29 relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $7,381.63 from the Laconia Sobriety Checkpoints Grant, Project #308­18B­089, seconded by Councilor Doyle; the motion passed with all in favor. 21.I. Ordinance 2017­149­06 ­ An ordinance amending Chapter 149, Fire Prevention and Emergency Medical Services Councilor Lipman moves to table the approval of Ordinance 2017­149­06 until further comment from property owners or builders, seconded by Councilor Hamel, the motion passed with all in favor. 22. COUNCIL COMMENTS Councilor Baer spoke to many residents the past few weeks especially during the election and a strong concern was of the new Vapor Shop opening next to the Laconia High School. She asked why Planning would allow such a business next to the high school. City Manager Myers explained that as long as it is permitted use for that zone, the City can not deny an application just because we prefer not to see that type of business next to the high school. Councilor Hamel extends his gratitude to the Laconia Police Department, Fire Department, and Public Works for all the hard work during the past storm. 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  23.I. Proposal to implement City Policies for designating emergency lanes 24. NON­PUBLIC SESSION (According to RSA 91­A:3, II) 25. ADJOURNMENT With no further business to come before the City Council and with no objections Mayor Pro Tem Bolduc adjourned the meeting at 8:22 PM. Respectfully submitted by, Cheryl Hebert, City Clerk