City Council

CITY OF LACONIA - CITY COUNCIL MEETING December 9, 2019 7:00 P.M. 12/9/2019 - Minutes 1. CALL TO ORDER Mayor Engler called the meeting order at the above date and time. 2. SALUTE TO THE FLAG Councilor Lipman 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 During this time Mayor Engler announced to the public that the financial closing between the City of Laconia and the Belknap Economic Development Council for the Colonial Theater has been completed as of today. Construction will began immediately and is expected to take one (1) year. Mayor Engler and Mayor Elect Hosmer will jointly appoint a committee to steer the City with the next phase of the management of the Theater. Mayor Engler also stated more than 300 businesses or individuals have donated, as of this date, to the Colonial Theater Project. There will still be more fundraising to be had in order to cover unexpected costs in the future. Mayor Engler recognized the following people for working on the steering committee: Gary Groleau, Justin Slattery, Gracie Cilley, Andrew Pike, Randy Eiford, Chris Kelley, and Councilor Bob Hamel. Councilor Hamel moved to have the Council appoint Mayor Engler to continue to be on the Steering Committee for the Colonial Theater, seconded by Councilor Hosmer; Councilor Bownes wanted to take this opportunity to congratulate and praise Mayor Engler for the work that he done. Mayor Engler called the question; the motion passed with all in favor. 6. COUNCIL PROCLAMATION 6.A. Council presentation The presentation of the 2019 Debra Bieniarz Award was made. Mayor Engler read into record the following: "Thirty-two years ago, the Laconia City Council established the Debra Bieniarz Memorial Award for outstanding service to children and youth in the Lakes Region in memory of police officer Debra Bieniarz. Late Office Bieniarz served the City and its youth with uncommon devotion, dedication and  The presentation of the 2019 Debra Bieniarz Award was made. Mayor Engler read into record the following: "Thirty-two years ago, the Laconia City Council established the Debra Bieniarz Memorial Award for outstanding service to children and youth in the Lakes Region in memory of police officer Debra Bieniarz. Late Office Bieniarz served the City and its youth with uncommon devotion, dedication and distinction during her nine years with the Police Department before her death in 1987. Each year a committee comprised of one City Councilor, one member of the Police Department, and one member of the School Board selects an individual to be recognized for this award based on nominations from members of the community. The award honors a member of the community who has enlivened and enriched the lives of young people. There is no greater champion of children and youth in our community than the unsung hero who is this year's honoree. She spreads love wherever she goes, and makes all of those in her life inspired to be involved. Adding softness with a warm smile or a word of encouragement, she is truly a light that shines on everyone around her. Acting as Co-Chair and a long-time Board member of the Santa Fund, she works tirelessly all year long to ensure that the children of the Lakes Region are kept warm. With a quiet humility, she treats everyone she helps with dignity. As Co-Founder of the local service group the Cereal Heroes, she has helped to lead the boys in this group in dozens of projects to raise money for kids in need. She is helping to shape the future of the Lakes Region by guiding these young leaders of our community with her knowledge and altruism. This year's winner gives her time freely and enthusiastically to improve our community in countless ways. She leads by example with kindness and generosity in everything she does, and the community is indeed fortunate to have someone like her in it. She deserves to be thanked and recognized for her many years of helping others while expecting nothing in return. She is held in the highest regard by her peers, family, friends and community members. She is a true hero and champion of children and others less fortunate. In recognition of this years honoree's outstanding commitment to the youth of Laconia, I am extremely proud and pleased to present the 2019 Debra Bieniarz Award to Elizabeth Brothers. 7. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 7.A. Regular meeting minutes of November 25, 2019 Minutes of the meeting were distributed to the Council on Wednesday, November 27, 2019. With no corrections or changes submitted to the clerk, the minutes will be accepted as distributed. 8. CONSENT & ACTION ITEMS 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Representative St. Clair spoke about the banner poles situation that was addressed at the last Council meeting. Representative St. Clair stated that the banner poles could be used on the weekly basis and not just during big events. 10. INTERVIEWS 10.A. Sarah Jenna - Seeking appointment as a regular member of the Planning Board to fill a vacant term expiring at the end of June, 2022 Sarah Jenna was interviewed. 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Public hearing for Ordinance 2019-235, to amend city code Zoning 235, adding a 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Public hearing for Ordinance 2019-235, to amend city code Zoning 235, adding a new section M Short Term Lodging and adding a new definition for the same at 235-13 Notice of this public hearing was published in the November 27, 2019 edition of the Laconia Daily Sun, and posted at Laconia City Hall, Public Library, Community Center and the SAU. Mayor Engler opened the public hearing at 7:33 pm. Neil Pankhurst from the Winnipesaukee Playhouse would like the Council to think about the fact that Laconia has always been a tourist area and as things develop, the City should as well. Councilor Bownes questioned Mr. Pankhurst in regards to how long his winter rentals usually are, how long the property is used for the cast, and what platform is being used to advertise the rental. Mr. Pankhurst responded by stating during the winter months the rentals range from two (2) to seven (7) days, during the summer time the cast will stay at the property for at least three (3) months, and Air bnb is the platform that is used for advertising purposes. During the summer months there are 10 people staying in the five (5) bedroom house and that is what is also advertised on the Air bnb platform. Paula Heiser - She first congratulated the Council on the Colonial Theater. Ms. Heiser falls under the category of owner-occupied but is concerned with fellow community members that use their properties as short term rentals and are not owner-occupied. Discussion was had between Ms. Heiser and Mayor Engler in regards to the statistics involved with Air bnb platforms. Ms. Heiser spoke to Carmen Gifford in regards to setting up a platform to teach people best practices for the use of Air bnb properties. Ms. Heiser also expressed her concern with the people that have jobs in relation to Air bnb rentals such as cleaning the properties and the effect of ridding this platform. Director Trefethen spoke in regards to on-street parking. He stated there is a specific timeframe throughout the City where on-street parking is not allowed. Therefore, if a property only allots for two parking spaces and a third vehicle is at the property, there would not be room for that third vehicle to park on the property during the on-street parking restricted hours. Ms. Heiser questioned if both the Fire Department and Code Department would be involved in the required inspections. Director Trefethen stated it would be a joint inspection process. Ms. Heiser also questioned the deadline for people to stop with the rentals if they do not complete the proposed process. Mayor Engler explained it would be a matter that the Planning Department would take up. Bill Ball, President of Melcher and Prescott - Asked for clarification from the Council in regards to the timeframes that are being presented. Mayor Engler explained that if the rental is for less than 14 days then he would be excluded but anything more than 14 days, it would need to follow the proposed guidelines. Barbara Southland - She is an owner-occupied Air bnb and feels this is a very positive thing for the economy. Kevin Morrisette - Expressed his concern with the owner-occupied part of the Ordinance if the owner lives locally and is only a phone call away. Mayor Engler explained the current Ordinance as it is currently drafted and passed on first reading that would not be allowed. It states the owner must live at the property at a minimum of 150 days per year. Tom Seigel, 44 Village Court - Preference would be to preserve the residential nieghborhoods and not allow the short term rentals at all but he would support the Ordinance with the owner-occupied stipulation. Sarah Rosenbloom - stated she likes what the Council has done with the proposed Ordinance before  Tom Seigel, 44 Village Court - Preference would be to preserve the residential nieghborhoods and not allow the short term rentals at all but he would support the Ordinance with the owner-occupied stipulation. Sarah Rosenbloom - stated she likes what the Council has done with the proposed Ordinance before the public tonight. She stated when this problem arose it was tremendously helpful for the zoning laws in place in order to shut the problem rental down. When someone needs to call the cops for nuisances weekend after weekend and there is no way to stop it. It is important to allow for the worst case and best case scenarios. Ms. Rosenbloom also thinks it would be wise for the Council to have a process for exemptions or waivers. Dorothy Duffy, Whipple Avenue - Ms. Duffy read a prepared statement. A copy was submitted into the record prior to the meeting. Ms. Duffy spoke in regards to people wanting short term rentals as they needed it to help with payments on their properties. She stated if the Council removes owner- occupied, they are changing single-family residential zones to a zone that allows rooming, boarding, and lodging. She is concerned that the City Council is more concerned with the tourists rather than the local residents that are loyal to Laconia and support the City every single day. Ms. Duffy is concerned that the City will lose affordable housing by allowing short-term rentals. Tom Lauw spoke of his seasonal property in the Commercial Resort Zone that he and his siblings own and because of the taxes continuously on the rise they have had to turn to Air bnb rentals in order to afford the property. Mr. Lauw questioned what problem is trying to be fixed. Mayor Engler explained the issue of the nation-wide situation with short-term rentals is more and more people are buying properties just for investments and by doing that takes the housing stock out of the community. Mr. Lauw expressed that taxes are so high that people can not afford to live here. Rueben Bassett - Mr. Bassett is concerned that the City is taking two steps back with these regulations. He stated the City has come a long way with supporting the schools, police, and fire departments. Mr. Bassett understands that this needs to be regulated but he fears the City is putting too many stipulations on it. Marc Burrell, 68 Warren Street - Mr. Burrell spoke of the time frame of 14 days that is being proposed. His concern is that the Commercial Resort does not have to be subjected to the time frame but every where else needs to be. Mr. Burrell stated the City is only putting stipulations on certain people. Hearing no other comments from the public, Mayor Engler closed the public hearing at 8:22 pm. 13.B. Public hearing for Ordinance 235-21.1, amending Chapter 235, Zoning to create a new section, 21.1, establishing a Historical Overlay District and accompanying Commission Notice of the public hearing was published in the November 27, 2019 edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Public Library, Community Center and the SAU. City Manager Myers cleared up any confusion from the last meeting by explaining the proposed Ordinance lists what can't be done as well as what can be done. Councilor Hamel would like clarification on Item 4 under Exemptions regarding the visibility from the street. Mayor Engler opened the public hearing at 8:28 pm. Tara Shore - Mrs. Shore read a prepared statement but did not submit it into the record. The statement briefed the public and Council on the benefits of having a Historic Overlay District. Mrs. Shore also explained each section in the HOD. Marcia Haywood, 9 Wildwood Road - Spoke of what the Town of Gilford has had for the past 75 years in regards to a Historic District. She has compared Gilford's document with Laconia's proposed document. Mrs. Hayward stated Gilford is much more restrictive than Laconia. Mrs. Hayward is also concerned with the businesses that are within the proposed district so she Shore also explained each section in the HOD. Marcia Haywood, 9 Wildwood Road - Spoke of what the Town of Gilford has had for the past 75 years in regards to a Historic District. She has compared Gilford's document with Laconia's proposed document. Mrs. Hayward stated Gilford is much more restrictive than Laconia. Mrs. Hayward is also concerned with the businesses that are within the proposed district so she contacted Gilford to find out how they handled any issues. Gilford told her they work in a cooperative manner with the owners to come to a solution. Mrs. Hayward would like to see Laconia follow suit. She is in full support of creating this Historic Overlay District. Pam Clark, Sandhurst Drive - Ms. Clark first congratulated the Council on the closing on the Colonial Theater. Ms. Clark is not only a historian but a preservationists and this is why the HOD is a wonderful thing to her. She stated there are 13 properties in Laconia that are on the National Historical Registry and five (5) of those are in the proposed HOD; the Busiel House, Gale Memorial Library, Passenger Station, Post Office, and the Holy Grail. Mayor Engler stated the Holy Grail and Post Office will not be covered in this proposed Ordinance. Pam Clark agrees but they are in the same geographical area. She stated the reason she wanted to speak tonight is to clarify for the people that have concerns with the numerous restrictions. By creating the HOD it is to preserve the integrity of the buildings. Marie Bradley, Vice Chairman of the Laconia Library Board - Read a prepared statement into the record and one was submitted into the record prior to the meeting. Mrs. Bradley is concerned with forming another board where it is already a challenge to fill the boards that the City currently has. Councilor Lipman questioned Mrs. Bradley that if the Library is exempt from this HOD then why is the board opposed? Mrs. Bradley stated they were not informed in the beginning that they were exempt and also the board was not aware of this potential HOD until November 21, 2019. City Manager Myers explained that municipalities are exempt from their own regulations. City Manager Myers also stated that this Ordinance has been out in the public view for months now and it should not have come as a surprise to anyone. This has been covered by the press, been on the Council agenda, and there have been many pubic hearings. Jon Moriarity, Chair of Library Board of Trustees - Mr. Moriarty spoke of the State Law that states that municipal buildings do not need to follow their own Ordinances therefore the Library would not need to adhere to the rules under the proposed HOD Ordinance. Mr. Moriarty does not understand why the last paragraph of the Ordinance needs to be there when the Library is exempt. City Manager Myers explained he was not a part of the committee but he thinks the intent was for the integrety of the district to remain in place. Councilor Bownes explained that even though the Library is exempt, whenever work is done there, the Library will come before the necessary board to explain what they are doing as caution and common courtesy. This paragraph was added to preserve what has gone on traditionally with other boards when the City is an applicant. Councilor Lipman questioned Mr. Moriarty that if the Library is exempt from the HOD then why are they opposed to the idea of it. Jon Moriarty explained the Library does not need to be a part of the HOD as it is exempt as it is a City owned building. Sara Jenna helped on the committee to come up with the HOD Ordinance. She explained that those buildings were chosen initially to try and save the church and they needed to start somewhere. She is for this Ordinance and hopes it passes. Jane Whitehead, 245 Pleasant Street - Stated that the church really isnt part of this proposed Ordinance anymore as there is a demolition permit already applied for. But by creating this district it could prevent the other buildings from being torn down or turned into another golden arches. Representative St. Clair stated he doesn't care about the smaller things, such as paint or lighting but  is for this Ordinance and hopes it passes. Jane Whitehead, 245 Pleasant Street - Stated that the church really isnt part of this proposed Ordinance anymore as there is a demolition permit already applied for. But by creating this district it could prevent the other buildings from being torn down or turned into another golden arches. Representative St. Clair stated he doesn't care about the smaller things, such as paint or lighting but he does care about keeping the fabric of these buildings. Bruce Kneuer, Alternative member of the Library Board of Trustees - Mr. Kneuer had his concerns addressed and trusts that the library is in great hands. Tara Shore explained there were only two alternatives to try and save the church and preserve these buildings. One was to create a Historic Overlay District and the second was to apply for an easement. The later would have been much worse and cost money. Mayor Engler asked Mrs. Shore if it doesn't matter legally if the Library is in the district or not then why include it? Mrs. Shore answered that if it was not included then the district would be considered to be spot zoning and that is not allowed. Mayor Engler also questioned if it is necessary to include the old Holy Trinity School building? Mrs. Shore explained when this first came about the parcel that the church is located on included the Busiel House, St. Joseph's, and Holy Trinity. Since then, that one parcel has been separated into three (3) different parcels so it doesn't need to be included but her feelings are it is better to reuse a building then to lose a building. Mayor Engler stated that by leaving the Holy Trinity building a part of the HOD, it limits what potential buyers could use the building for. Jane Whitehead - The Historic District is not just about the buildings, it is about keeping fabric and maintaining the character of the area. Hearing no other comments from the public, Mayor Engler closed the public hearing at 9:24 pm. 14. PRESENTATIONS 15. MAYOR'S REPORT Mayor Engler acknowledged his sixth and final "key" to Christmas Village presented to him from this year's Mayor of Christmas Village, Paula McVey-Tarantino, also known as the Grinch of Christmas Village. 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) 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.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 16.C.v. Paid Parking Proposal for Downtown 16.C.vi. Proposed Historic Overlay District 16.C.vii. Scenic Road Motorcycle Noise Petition 16.D. LANDS & BUILDINGS (Hamel, Lipman, Haynes) 16.D.i. Downtown parking garage 16.D.ii. Repair & maintenance of City buildings 16.D.iii. Perley Pond Maintenance 16.D.iv. Plan for the DPW Compound 16.D.v. Continuation of the discussion regarding parking in the Lakeport area 16.E. PUBLIC WORKS (Bownes, Hosmer, Haynes) 16.E.i. Retaining Wall Policy 17. LIAISON REPORTS Councilor Cheney and Councilor Haynes attended the Lakeshore Redevelopment Planning Commission meeting last week. Councilor Cheney reported the Legislature is looking to give the Lakes Region the authority to run it for the next six (6) years. That authority will have the option to sell property, lease property. If they lease the property it will only be allowed for six (6) years, any longer than that they will need Governor and Council approval. 18. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS No comments from the public were made. 19. CITY MANAGER'S REPORT 19.A. Financial and Operational Trends Report City Manager Myers reviewed the report. City Manager Myers submitted into the record a memorandum in regards to the carpet replacement at the Laconia Police Department. 20. NEW BUSINESS 21. UNFINISHED BUSINESS 21.A. Second reading and approval of Ordinance 2019-235, to amend city code Zoning 235, adding a new section M Short Term Lodging and adding the new definition for the same at 235-13 Mayor Engler explained the potential amendment in regards to defining a camp. Mayor Engler read the proposed amendment for the benefit of public. 21.A. Second reading and approval of Ordinance 2019-235, to amend city code Zoning 235, adding a new section M Short Term Lodging and adding the new definition for the same at 235-13 Mayor Engler explained the potential amendment in regards to defining a camp. Mayor Engler read the proposed amendment for the benefit of public. Discussion was had whether or not another public hearing would be needed if amendments were made to the proposed language. City Manager Myers stated if there are substantiative changes being proposed then maybe another public hearing should be had but if there are small changes being proposed and those changes have already been discussed in a public forum then he does not see need for another public hearing. Mayor Engler submitted in the record his own proposed changes. The document is titled "Additional language for consideration on the subject of Lodging, Short Term." These changes have not passed legal yet, but he has discussed the proposed changes with the City Manager. The two items Mayor Engler proposed are: "As well as judged to meet ONE of the two special criteria that follow: 1. The applicant can demonstrate that the use in question has been common practice at this specific structure for a period of not less than 10 years prior to the enactment of this Ordinance. 2. The applicant can offer convincing evidence that granting a special exception for this structure includes a general community benefit that rises considerably above the financial well being of the applicant." Mayor Engler asked for a consensus on how the Council would like to proceed tonight with whether to pass the Ordinance tonight as presented or add the additional proposed language and present the entire amended Ordinance at the first meeting in January. The new language, if proposed by the Council that the Mayor presented, would need to go before Legal before being passed. Mayor Engler also explained that future amendments can be made to this Ordinance at later dates. Councilor Hamel proposed that the Council pass the ordiance as presented tonight and then look at the further amendments at a future date. Councilor Hosmer would like the the language the Mayor submitted to be refined and then bring the entire Ordinance as a whole and be voted on at once. Councilor Haynes appreciates the new proposed language but agrees with Councilor Homser. Councilor Cheney would like to vote on what we have now and come back with the proposed amendments submitted by the Mayor tonight at a later date. Councilor Hosmer moved to extend the meeting to 10:30 pm, seconded by Councilor Hamel; the motion passed with all in favor. City Manager Myers explained the document in the agenda addressing camps has been approved by legal. Mayor Engler confirmed that there are three (3) Councilors that would like to vote tonight on the proposed "red language," regarding defining camps and two (2) who would be opposed. Councilor Bownes expressed that the amendments that are being proposed are being arbitrary. Councilor Bownes is generally opposed to passing this Ordinance, even with the amendments, as it is short-changing too many people. Councilor Hamel moved to waive a reading of this Ordinance in its entirety and to read by title only, seconded by Councilor Cheney; the motion passed with five (5) in favor and one (1) opposed (Bownes). Councilor Cheney moved a second reading of Ordinance 2019-235, amending Chapter 235, Zoning, to create a new definition for Short Term Lodging and accompanying regulations, seconded by  Councilor Hamel moved to waive a reading of this Ordinance in its entirety and to read by title only, seconded by Councilor Cheney; the motion passed with five (5) in favor and one (1) opposed (Bownes). Councilor Cheney moved a second reading of Ordinance 2019-235, amending Chapter 235, Zoning, to create a new definition for Short Term Lodging and accompanying regulations, seconded by Councilor Hamel; Councilor Lipman moved to add, in addition to the language that was approved at the last meeting, the language that is included on page 30 tonight that deals with the seasonal rentals; seconded by Councilor Hamel; Councilor Lipman asked for an explanation as to why 1,400 square feet was chosen and how was that measured. Director Trefethen went through all of the properties that are along the waterfront that could potentially hold camps. He stated there are about a dozen structures that could be considered a camp or camp-like and they were all less than 1,400 square feet. Director Trefethen explained the measurements came from the tax card on file with the City. Director Trefethen had extensive conversations with legal as to how to define seasonal, therefore the dates were put into place rather than trying to determine what constitutes a seasonal property. Mayor Engler called the amended motion; the motion passed with four (4) in favor and two (2) opposed (Bownes and Hosmer). Councilor Lipman asked for clarifications to owner-occupied provisions for the benefit of the public. Mayor Engler explained owner-occupied buildings are exempt from the prohibitions in the ordinance. A condition of owner-occupied is where an owner lives on the property for not less than 150 days per year. Councilor Bownes stated at this point in time the Council is over-reacting and he does not share the City Manager's opinion that this is minor amendment to the proposed Ordinance. Councilor Lipman feels that having people register to conduct this sort of business is a positive. Also this still allows people to come into the community while addressing concerns of people. Councilor Lipman thinks this is a great compromise to all. Mayor Engler called the main motion with the approved amendment; the motion passed with three in favor and three opposed with Mayor Engler voting in favor to break the tie. Councilor Lipman moved to ask the Planning Department to add the general language handed out by the Mayor tonight before legal to be brought forth to the Council on January 13, 2020, seconded by Councilor Cheney; Councilor Bownes is looking for a waiver for a local resident who can demonstrate a history of satisfactory rentals in the City of Laconia for however many years. Councilor Lipman suggested to the Planning Department to come back with a few suggestions regarding Councilor Bownes concerns. Mayor Engler called the question; the motion passed with all in favor. Councilor Lipman moved to approve Ordinance 2019-235, amending Chapter 235, Zoning, to create a new definition for Short Term Lodging and accompanying regulations, seconded by Councilor Cheney; the motion passed three in favor, three opposed, Mayor Engler voted yes to break the tie. 21.B. Second reading and approval of Ordinance 2019-235-21.1, Historical Overlay District Councilor Bownes moved to extend the meeting to 11:00 pm, seconded by Councilor Hamel; the motion passed with all in favor.  21.B. Second reading and approval of Ordinance 2019-235-21.1, Historical Overlay District Councilor Bownes moved to extend the meeting to 11:00 pm, seconded by Councilor Hamel; the motion passed with all in favor. Councilor Lipman moved to waive reading of this Ordinance in its entirety and to read by title only, seconded by Councilor Haynes; the motion passed with all in favor. Councilor Haynes moved a second reading of Ordinance 235-21.1, amending Chapter 235, Zoning, to create a new section, 21.1, establishing a Historical Overlay District and accompanying Commission, seconded by Councilor Lipman; Councilor Lipman would like to talk about the Library situation. Councilor Lipman is interested in keeping the district whole but not to make the Library subject to this Ordinance. Councilor Bownes moved to strike the paragraph on page 45 that starts with the words "Applicability to the City of Laconia, seconded by Councilor Hosmer; the motion passed with all in favor. Councilor Cheney asked for an explanation on the eight section B's within the Ordinance. He stated this should be more clearly labeled. Councilor Cheney also stated he does not understand the language under Designation of Historic District, Item B. Criteria for Desgination. Councilor Cheney has an issue if someone builds a brand new property within the HOD and they want to put a metal roof on they would need to come before the HOD Commission to get approval. Councilor Bownes stated that isn't an issue at this point in time because a specific district has been identified. Councilor Cheney also expressed concern with the Purview of the Commission, B. Activity Exempt from Review items one (1), four (4), and seven (7). Councilor Cheney would like the language to be clear and understandable. Director Trefethen stated this has been through the legal process. He also stated once the commission is established, their responsibilities are to do surveys of the buildings within the district and try to come to some conclusions before anyone comes with an application. Councilor Cheney is concerned with not this specific district but what happens when other buildings of the City become a part of a Historic District. Councilor Cheney spoke of the section Standards for Review, C. Demolition or Removal, when it speaks of financial hardship of the owner of the property shall not constitute a hardship for this purpose. He also had a problem with Item 15, Other conditions as determined by the Code Enforcement Officer (CEO) or the Commission. Councilor Bownes mentioned removing the old Holy Trinity School from the district. Councilor Bownes moved to strike Map 425/44/1 in its entirety and add Map 432/44/1.1 and Map 432/44/1, seconded by Councilor Hosmer; the motion passed with all in favor. Mayor Engler call the main motion as amended; the motion passed with all in favor. Councilor Bownes moved to approve Ordinance 235-21.1 as amended, amending Chapter 235, Zoning, to create a new section, 21.1, establishing a Historical Overlay District and accompanying Commission as amended, seconded by Councilor Hosmer; the motion passed with all in favor. 22. COUNCIL COMMENTS City Manager Myers spoke of an email that was sent to the Council in regards to House Bill 4, in regards to E-Cigarettes, that initially came to our attention from Kelley Gaspa, Assistant Director of NH Partnership from Public Health. Chief Canfield received a phone call from Chief Mark Armaganian, director of the Division 22. COUNCIL COMMENTS City Manager Myers spoke of an email that was sent to the Council in regards to House Bill 4, in regards to E-Cigarettes, that initially came to our attention from Kelley Gaspa, Assistant Director of NH Partnership from Public Health. Chief Canfield received a phone call from Chief Mark Armaganian, director of the Division of Enforcement and Licensing for the Liquor Commission which indicated that the application the City Manager made the Council aware of has been submitted and barring any action taken by the Council tonight, the Commission is in a position to approve it. This should be decided on tonight and not tabled to a later time. City Manager Myers explained that what has changed in the trailer bill, with what is being discussed tonight, is as of January 1, 2020, the legal age to purchase tobacco products will be increasing to age 19 statewide. The other item being changed is, up until this point, anybody who sold just E-Cigarette related products, did not need a license, unless they also sold tobacco and/or alcohol. Happy Jacks and Smokers Haven sells E-Cigarettes as well as tobacco and/or alcohol. The one in question is Raven Vape's Shop located at 371 Union Avenue which is adjacent to the high school, therefore they would need to submit a license request in order to continue business. City Manager Myers explained the application has already been submitted, and from what he understands that if there is an impact to the community because of location or health reasons and that is voiced, the Liquor Commission Enforcement Division will take that into consideration as to whether or not approve that application. Councilor Lipman stated to his understanding Laconia has a higher rate of usage than the State, according the Kelley Gaspa. The City Manager does not know of the financial impact this may have on the owner. Councilor Bownes questioned how long the Liquor Commission has been aware of the application and why is the City just finding out about it. City Manager Myers is not aware if the City ever gets notification from the Liquor Commission in regards to certain possible locations selling liquor and/or tobacco products. Councilor Cheney is understanding if the Council requests, the Liquor Commission and Enforcement will review this application to see if there is a risk to the public with this location. Councilor Cheney moved to continue to the meeting to 11:30 pm, seconded by Councilor Bownes; the motion passed with all in favor. Councilor Cheney doesn't think this is the Council saying they don't want this person to run their business, but to ask the Liquor Commission to check the location and see if it is a risk to public health. Councilor Cheney moved to have City Manager Myers contact the NH State Liquor Commission to have them look into the location of an E-Cig shop in direct relation to a school to determine if there is a direct impact onto the community; seconded by Councilor Hosmer; the motion passed with all in favor. 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.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 Councilor Cheney moved to go into non-public session under 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, seconded by Councilor Hosmer; City Clerk Hebert took the roll call vote: Councilor Cheney: YES Councilor Bownes: YES Councilor Lipman: YES Councilor Haynes: YES Councilor Hamel: YES Councilor Hosmer: YES ; the motion passed with all in favor. Mayor Engler noted all six (6) Councilors were in attendance and a quorum was established. Councilor Hosmer moved to exit non-public, seconded by Councilor Cheney; the motion passed with all in favor. Councilor Bownes moved to seal the non-public minutes for six (6) months, seconded by Councilor Hosmer; the motion passed with all in favor. With no further business to come before the Council and hearing no objection, Mayor Engler adjourned the meeting at 11:23 pm. Respectfully submitted, Cheryl Hebert, City Clerk MINUTES OF THIS MEETING WERE APPROVED BY COUNCIL ON DECEMBER 23, 2019