City Council

CITY OF LACONIA - CITY COUNCIL MEETING August 12, 2019 7:00 P.M. 8/12/2019 - Minutes 1. CALL TO ORDER Mayor Engler called the meeting to order at the above date and time. 2. SALUTE TO THE FLAG Councilor Bownes lead the Salute to the Flag. 3. RECORDING SECRETARY Cheryl Hebert, City Clerk 4. ROLL CALL City Clerk Hebert took the roll with the following Councilors in attendance: Bruce Cheney, David Bownes, Henry Lipman, Mark Haynes, Bob Hamel, and Andrew Hosmer Mayor Engler noted all six (6) Councilor were in attendance and a quorum was established. 5. STAFF IN ATTENDANCE Scott Myers, City Manager Glenn Smith, Finance Director 6. COUNCIL PROCLAMATION 7. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 7.A. Regular meeting minutes of July 22, 2019 Minutes of the meeting were distributed to the Council on Wednesday, July 24, 2019. With no corrections or changes submitted to the Clerk, the minutes were accepted as distributed. 8. CONSENT & ACTION ITEMS 8.A. Request by Weirs Action Committee to use Endicott Rock Parking Lot for Laconia Motorcycle Week parking from June 13, 2020 through June 21, 2020 Councilor Hosmer moved to approve the request by the Weirs Action Committee to use Endicott Rock Parking Lot for Laconia Motorcycle Week parking from June 13, 2020 through June 21, 2020, seconded by Councilor Hamel; Councilor Hamel requested a financial report. Mayor Engler called the question; the motion passed with all in favor. 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Senator Harold French (District 7) - Senator French has heard from many constituents in the Lakeport area in regards to Sanborn Park and they are against the green space at the park being turned in to a parking lot. Calissta Wilson, 79 Lincoln Street, #2 - Ms. Wilson submitted a petition into the record in regards of saving the green space at Sanborn Park in Lakeport. Ms. Wilson spoke of her past using the park as well as her  Senator Harold French (District 7) - Senator French has heard from many constituents in the Lakeport area in regards to Sanborn Park and they are against the green space at the park being turned in to a parking lot. Calissta Wilson, 79 Lincoln Street, #2 - Ms. Wilson submitted a petition into the record in regards of saving the green space at Sanborn Park in Lakeport. Ms. Wilson spoke of her past using the park as well as her kids currently using the park and losing the green space would hurt many people within the City. Donna Howe, 151 Mechanic Street, Apt 3 - Ms. Howe expressed her concern with the potential loss of the green space at Sanborn Park. Representative Peter Spanos, District 3 - Constituents have reached out to him in regards to the green space at Sanborn Park and how they do not want to lose it. Karen Houle 72 Clinton Street - Her back yard is separated by the fence to Sanborn park and she stated it is used daily. Ms. Houle would like to see the park to stay the way it is and not be turned into a parking lot for fear of what could happen. 10. INTERVIEWS 10.A. Orry Gibbs - Seeking reappointment as a regular member of the Zoning Board of Adjustment for a three-year term expiring at the end of August, 2022 Orry Gibbs was interviewed. Mayor Engler questioned if the ZBA was fully staffed or not. City Manager Myers will get an answer to the Council. 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 12.A. Lakeport Redevelopment Opportunities Memorandum Councilor Bownes stated he does hear what everyone has just stated in regards to the green space not being used for a parking lot and he is not for or opposed to the idea of it being turned into a parking lot. Councilor Bownes would hope the business owners in Lakeport would attend the next Council meeting to discuss parking lot issues in the Lakeport area. Councilor Haynes questioned the parking lot that the restaurant O's has and how many open parking spots were empty and maybe that needs to be looked at. Councilor Hamel expressed that he is totally against taking the green space at Sanborn Park do to the lack of green space for kids in the Lakeport area already. Mayor Engler discussed the many changes that have happened in the Lakeport area in regards to the transfer of ownership to many buildings. With these changes comes parking issues for not only the business owners but as well as the customers of those businesses. Mayor Engler noted this is not the City proposing this change. 13. PUBLIC HEARINGS 13.A. Public Hearing for Resolution 2019-16, relative to authorizing Bonds and Notes of the City for Capital Projects in the amount of $2,025,000 A hearing on this Resolution was first conducted during the Council meeting on June 24, 2019. An irregularity in noticing that hearing required holding a new hearing.  13.A. Public Hearing for Resolution 2019-16, relative to authorizing Bonds and Notes of the City for Capital Projects in the amount of $2,025,000 A hearing on this Resolution was first conducted during the Council meeting on June 24, 2019. An irregularity in noticing that hearing required holding a new hearing. Notice of this public hearing was made available in the July 24, 2019 edition of the Laconia Daily Sun and posted at Laconia City Hall, Laconia Community Center, Public Library, and SAU. Mayor Engler opened the public hearing at 7:24 pm. Hearing no comments from the public, Mayor Engler closed the public hearing at 7:25 pm. 13.B. Public Hearing for Resolution 2019-17, relative to authorizing Bonds and Notes of the City for Capital Projects in the amount of $2,250,000 A hearing on this Resolution was first conducted during the Council meeting on June 24, 2019. An irregularity in noticing that hearing required holding a new hearing. Notice of this public hearing was made available in the July 24, 2019 edition of the Laconia Daily Sun and posted at Laconia City Hall, Laconia Community Center, Public Library, and SAU. Mayor Engler opened the public hearing at 7:25 pm. Hearing no comments from the public, Mayor Engler closed the public hearing at 7:26 pm. 14. PRESENTATIONS 15. MAYOR'S REPORT Mayor Engler would like to remind the public that the filing period is open for Municipal positions. It opened last Wednesday, August 7, 2019 and ends Friday, August 16, 2019 at 5:00 pm. If there are three or more candidates running for Council or Mayor there will be a Primary held on Tuesday, September 10, 2019. If two or less candidates file for a Municipal position then the City Clerk will declare that there is no reason for a primary. The Municipal General Election will be held November 5, 2019. Both election will be for all six wards and the polls will be open from 8:00 am to 6:00 pm. Any questions should be directed to the City Clerk's Office. 16. COMMITTEE REPORTS 16.A. FINANCE (Lipman, Hamel, Cheney) 16.A.i. WOW Trail Funding 16.A.ii. Downtown TIF Financing 16.B. PUBLIC SAFETY (Bownes, Hosmer, Lipman) 16.C. GOVERNMENT OPERATIONS & ORDINANCES (Bownes, Hosmer, Cheney) Councilor Bownes moved to add Scenic Road Motorcycle Noise Petition as item 7 under Government Operations & Ordinances, seconded by Councilor Cheney; the motion passed with all in favor. Councilor Bownes moved to schedule a meeting on September 9, 2019 at 6:00 pm for the purpose of discussing Item 7 in regards to the Scenic Road Motorcycle Noise Petition, seconded by Councilor Cheney; the motion passed with all in favor. 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  Cheney; the motion passed with all in favor. 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. Regulation of Short Term Residential Rental Businesses Councilor Bownes stated there will be a public hearing at the Planning Board meeting in September, 2019. 16.C.v. Paid Parking Proposal for Downtown 16.C.vi. Proposed Historic Overlay District 16.D. LANDS & BUILDINGS (Hamel, Lipman, Haynes) 16.D.i. Downtown parking garage Mayor Engler reminded everyone there will be a meeting on Monday, August 26, 2019 at 6:30 pm to discussed this topic. 16.D.ii. Repair & maintenance of City buildings 16.D.iii. Perley Pond Maintenance 16.D.iv. Plan for the DPW Compound 16.E. PUBLIC WORKS (Bownes, Hosmer, Haynes) 16.E.i. Retaining Wall Policy 17. LIAISON REPORTS Councilor Bownes stated the Historic Overlay District is still in sub-committee with the Planning Board. 18. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Lynn Thomas - Co-Chair of Belknap County Democrats and Catherine - They are planning a picnic on August 25, 2019 at Leavitt Park for a Belknap County Democrats Summer Blue Bash. They are requesting to waive the fees ($175.00) associated with this event as well as a Temporary Traffic Order to have the sole use of the on-street parking on Washington Street. 19. CITY MANAGER'S REPORT 19.A. Financial and Operational Trends Report City Manager Myers reviewed the report. Councilor Hamel requested a financial report in regards the Motorcycle Week for the next Council meeting. 20. NEW BUSINESS 20.A. Request by the Belknap County Democrats to use Leavitt Park and Clubhouse for a "Belknap County Democrats Summer Blue Bash" on August 25, 2019 from 2 pm - 7 pm, approval of Temporary Traffic Order 2019-9, and request to waive fees associated with the event Mayor Engler asked if there was a precedent of waiver of fees for a political party. City Manager Myers does not recall if a precedent has been set. 20.A. Request by the Belknap County Democrats to use Leavitt Park and Clubhouse for a "Belknap County Democrats Summer Blue Bash" on August 25, 2019 from 2 pm - 7 pm, approval of Temporary Traffic Order 2019-9, and request to waive fees associated with the event Mayor Engler asked if there was a precedent of waiver of fees for a political party. City Manager Myers does not recall if a precedent has been set. Councilor Hamel will vote in favor of everything except for the waiver of fees. It was clarified that in years past only a request to rent the Leavitt Park Clubhouse was requested and those fees needed to be paid. This is the first year that a request was made to rent the clubhouse as well as the park itself. Councilor Hamel moved to approve Temporary Traffic Order 2019-9, seconded by Councilor Hosmer; the motion passed with all in favor. 20.B. Resolution 2019-20 Relative to the Fire Department Budget Mayor Engler gave a brief background on this topic in regards to the Resolution that was passed last year during the budget process. City Manager Myers explained that during this years budget process the Council agreed to the Fire Chief's Operating Budget and by doing so it gave the Fire Chief the authority, at his discretion, to bring staffing back up to nine people within the passed budget. Councilor Hosmer moved to approve Resolution 2019-20 relative to the Fire Department Budget as presented, seconded by Councilor Bownes; Councilor Lipman agrees with the motion and suggested to help with the Council feeling more confident with this motion that a report be submitted with how the money is being used. City Manager Myers will ask Chief Beattie for a monthly report. Mayor Engler called the question; the motion passed with four (4) in favor and two (2) opposed (Cheney and Hamel) Councilor Lipman commented that the Fire Department budget was approved unanimously. 20.C. Amend City Code Chapter 235, Zoning, updating numerous sections to reflect the recent adoption of the new Urban Commercial Zone City Manger Myers stated this is mostly a housekeeping item in regards to the new Urban Commercial Zone. Councilor Hosmer moved to waive reading of this Ordinance in its entirety and to read by title only, seconded by Councilor Cheney; the motion passed with all in favor. Councilor Hosmer moved the first reading of Ordinance 2019-235, amending sections 17, 22.3, 30, 32, 35, 36, 40, 42, 43, 45, 48, and 54 of Chapter 235, Zoning, seconded by Councilor Cheney; the motion passed with all in favor. Councilor Hosmer moved to schedule a Public Hearing on August 26, 2019 during the regular City Council meeting to gather public input prior to adoption, seconded by Councilor Cheney; the motion passed with all in favor. 20.D. Request to schedule a Public Hearing on the possible placement of a ballot question on the November 5, 2019 Municipal Election Ballot pertaining to the permitted operation of New Hampshire Lottery sports betting within the City of Laconia City Manager Myers discussed the passing of House Bill 480 and how it affects the City of Laconia.  20.D. Request to schedule a Public Hearing on the possible placement of a ballot question on the November 5, 2019 Municipal Election Ballot pertaining to the permitted operation of New Hampshire Lottery sports betting within the City of Laconia City Manager Myers discussed the passing of House Bill 480 and how it affects the City of Laconia. Councilor Lipman moved to schedule a public hearing during the August 26, 2019 regular City Council meeting on the possible placement of a ballot question on the November 5, 2019 Municipal Election Ballot pertaining to the permitted operation of New Hampshire Lottery sports betting within the City of Laconia, seconded by Councilor Bownes; the motion passed with all in favor. 20.E. Request to designate Fairmont Street from Elm Street to Belvidere Street a no parking zone on both sides of the road Councilor Hosmer and DPW Director Anderson did visit this street and it is an extremely narrow street and emergency vehicles would have a hard time getting through with on-street parking. Councilor Hosmer moved that the City Council approve to designate both sides of Fairmont Street between Elm Street and Belvidere Street a no parking area, seconded by Councilor Cheney; Councilor Lipman moved to table this motion till the next meeting, seconded by Councilor Haynes; the motion passed with all in favor. Councilor Cheney would like to see the residents be notified of this topic. 21. UNFINISHED BUSINESS 21.A. Third reading and approval of Resolution 2019-16, relative to authorizing the City Manager to take any actions necessary to issue bonds in the amount of $2,025,000 Councilor Hosmer moved to waive a reading of this resolution in its entirety and to read by title only, seconded by Councilor Bownes; the motion passed with all in favor. Councilor Hosmer moved a third reading of Resolution RES-2019-16, a resolution relative to authorizing the City Manager to take any actions necessary to issue bonds for Court Street Reconstruction Phase 2, Fire Engine Replacement, and a new Public Works truck in the amount of $2,025,000.00, seconded by Councilor Bownes; the motion passed with all in favor. Councilor Hamel moved to affirm the approval of Resolution RES-2019-16 of June 24, 2019, a resolution relative to authorizing the City Manager to take any actions necessary to issue bonds for Court Street Reconstruction Phase 2, Fire Engine Replacement, and a new Public Works truck in the amount of $2,025,000.00, seconded by Councilor Hosmer; the motion passed with all in favor. 21.B. Third reading and approval of Resolution 2019-17, relative to authorizing the City Manager to take any actions necessary to issue bonds in the amount of $2,250,000 Councilor Hosmer moved to waive a reading of this Resolution in its entirety and to read by title only, seconded by Councilor Lipman; the motion passed with all in favor. Councilor Hosmer moved a third reading of Resolution RES-2019-17, a resolution relative to authorizing the City Manager to take any actions necessary to issue bonds for Endicott Street Water Line Project, Court Street Bridge Replacement Project and Sewer Upgrades - Union Avenue and Lakeport/Elm Street project in the amount of $2,250,000.00, seconded by Councilor Lipman; the motion passed with all in favor. Councilor Hosmer moved to affirm the approval of Resolution RES-2019-17 of June 24, 2019, a resolution relative to authorizing the City Manager to take any actions necessary to issue bonds for Endicott Street Water Line Project, Court Street Bridge Replacement Project and Sewer Upgrades - Union Avenue and Lakeport/Elm Street project in the amount of $2,250,000.00, seconded by Councilor Lipman; the motion passed with all in favor.  motion passed with all in favor. Councilor Hosmer moved to affirm the approval of Resolution RES-2019-17 of June 24, 2019, a resolution relative to authorizing the City Manager to take any actions necessary to issue bonds for Endicott Street Water Line Project, Court Street Bridge Replacement Project and Sewer Upgrades - Union Avenue and Lakeport/Elm Street project in the amount of $2,250,000.00, seconded by Councilor Lipman; the motion passed with all in favor. 22. COUNCIL COMMENTS 23. FUTURE AGENDA ITEMS 23.A. Master Plan 23.B. Milfoil Treatment funding requests 23.C. Sewer & Water Master Plan 23.D. Single Stream Recycling/Concord Co-op/Solid Waste disposal cost reductions 23.E. Strategic Planning/Goal Setting 23.F. WOW Trail 23.G. Weirs Beach Restoration Project 23.H. Fair St/Court St traffic problems and accidents 24. Any other business that may come before the Council 25. NON-PUBLIC SESSION (According to RSA 91-A:3, II) 26. ADJOURNMENT With no other business to come before the Council and hearing no objection, Mayor Engler adjourned the meeting at 8:21 pm. Respectfully submitted, Cheryl Hebert, City Clerk MINUTES OF THIS MEETING WERE APPROVED BY COUNCIL ON AUGUST 26, 2019