City Council

CITY OF LACONIA - CITY COUNCIL MEETING February 10, 2020 7:00 P.M. 2/10/2020 - Minutes 1. CALL TO ORDER Mayor Hosmer 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 Tony Felch. Mayor Hosmer noted for the record all six (6) Councilors 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 January 27, 2020 Minutes of the meeting were distributed to the Council on Thursday, January 30, 2020. With no corrections or changes submitted to the Clerk, the minutes were accepted as distributed. 8. CONSENT & ACTION ITEMS 8.A. Request from Lakes Region Sled Dog Club to waive license, vendor and loudspeaker fees for the February 14-16, 2020 Sled Dog Event Councilor Hamel moved to approve the request from Lakes Region Sled Dog Club to waive license, vendor, and loudspeaker fees for the February 14th - 16th, 2020 Sled Dog Event, seconded by Councilor Felch; the motion passed with all in favor. 8.B. BPS Donation Mayor Hosmer explained the reasoning for this donation. Councilor Bownes moved to accept a $2,500 donation from Bonnette, Page, & Stone Corporation to partially offset the cost of creating a video documentary of the Colonial Theatre renovation project, seconded by Councilor Haynes; the motion passed with all in favor. 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA No comments from the public were made. 10. INTERVIEWS  seconded by Councilor Haynes; the motion passed with all in favor. 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA No comments from the public were made. 10. INTERVIEWS 10.A. John Perley - Seeking reappointment as a regular member of the Library Board of Trustees to a three-year term expiring at the end of March, 2023 John Perley was interviewed. 10.B. Stacy Soucy - Seeking appointment as a regular or alternate member of the Planning Board Stacy Soucy was interviewed. 10.C. Jewell Fox - Seeking appointment as a regular member of the Planning Board Jewell Fox was interviewed. 10.D. Alan Oszy - Seeking appointment as a regular member of the Planning Board Alan Oszy was interviewed. 10.E. David Carleton - Seeking appointment as a regular member of the Planning Board David Carleton was interviewed. 10.F. Larry Zupkosky - Seeking appointment as a regular member of the Planning Board Larry Zupkosky was interviewed. 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Public hearing for Resolution 2020-01, relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $23,364 for the NH Department of Environmental Services Exotic Species Program Project Notice of this public hearing was made available in the January 29, 2020 edition of the Laconia Daily Sun, and posted at Laconia City Hall, Community Center, Laconia Public Library, and the SAU. Mayor Hosmer opened the public hearing at 7:21 pm. Hearing no comments from the public, Mayor Hosmer closed the public hearing at 7:21 pm. 13.B. Public hearing for Ordinances 2020-235-41 and 2020-235-70, to amend the Short Term Lodging Ordinance adding a Special Exception provision, to amend the fee schedule to establish a fee for Short Term Lodging and also to increase the fee for all abutter notices Notice of this public hearing was made available in the January 29, 2020 edition of the Laconia Daily Sun, and posted at Laconia City Hall, Community Center, Laconia Public Library, and the SAU. Mayor Hosmer opened the public hearing at 7:22 pm. Hearing no comments from the public, Mayor Hosmer closed the public hearing at 7:22 pm. 14. PRESENTATIONS 15. MAYOR'S REPORT  Hearing no comments from the public, Mayor Hosmer closed the public hearing at 7:22 pm. 14. PRESENTATIONS 15. MAYOR'S REPORT Mayor Hosmer announced that Ben Crawford has been hired as the new Water Superintendent. Mayor Hosmer noted that the Boys and Girls Club has invited the Council to tour the facility and to listen to all of their improvements that have taken place over the past year. This will happen on February 18, 2020 at 5:30 pm. Mayor Hosmer met with the National Junior Honor Society from Laconia Middle School today. They are creating a 60 second video and submitting it into a competition about why they love their school. 16. COMMITTEE REPORTS 16.A. FINANCE (Lipman (Chair), Hamel, Cheney) 16.A.i. WOW Trail Funding 16.A.ii. Downtown TIF Financing 16.B. PUBLIC SAFETY (Cheney (Chair), Bownes, Lipman) 16.C. GOVERNMENT OPERATIONS & ORDINANCES (Bownes (Chair), Felch, 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.iv. Regulation of Short Term Residential Rental Businesses 16.C.v. Paid Parking Proposal for Downtown Councilor Bownes scheduled a Government Operations and Ordinance Meeting for 6:00 pm on March 9, 2020 for the purpose of discussing the 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 (Chair), Haynes, Felch) 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 (Haynes (Chair), Felch, Bownes) 16.E.i. Retaining Wall Policy  16.D.v. Continuation of the discussion regarding parking in the Lakeport area 16.E. PUBLIC WORKS (Haynes (Chair), Felch, Bownes) 16.E.i. Retaining Wall Policy 17. LIAISON REPORTS 18. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Ray Spinosa, Paradise Drive - Expressed his concern in regards to the expansion of the WOW Trail and he would like to be kept up to date in regards to this subject. Mayor Hosmer asked Mr. Spinosa to leave his contact information with the City Clerk. Patrick Hynes, Long Bay and South Down - spoke in regards to the Resolution regarding the WOW Trail. He is in favor of this and would love to be a part of the commission. 19. CITY MANAGER'S REPORT 19.A. Financial and Operational Trends Report City Manager Myers reviewed the report. City Manager Myers reminded the public that any board openings are published in the paper at least three times a year as well in the Laconia Links on a weekly basis. City Manager Myers also wanted to let the public know that the entire agenda packet with background material is available on the City's Website no later than the Friday before the meeting. (www.laconianh.gov) City Manager Myers appointed Richard MacNeill as an ex-officio member to the Planning Board. City Manager Myers also appointed Chief Kirk Beattie as an administrative official member to the Planning Board. After these two appointments and once the Council makes their appointments at the next Council meeting, the Planning Board will be at full staff. Councilor Hamel requested an update on the electronic irrigation systems. City Manager Myers stated all the installations have been completed with a few adjustments to still make. City Manager Myers stated the rug replacement at the Police Department is in the hands of the Parks Director, Amy Lovisek. Councilor Bownes thanked Director Dean Trefethen and Sara Jenna for the efforts in getting a full Planning Board by their letter to the editor and social media postings. Councilor Cheney is very impressed with the winter maintenance this year. 20. NEW BUSINESS 20.A. First reading of Resolution 2020-02, relative to the Hilliard Road Property Donation Councilor Cheney moved to waive reading of this Resolution in its entirety and to read by title only, seconded by Councilor Felch; the motion passed with all in favor. Councilor Cheney moved a first reading of Resolution 2020-02, relative to the acceptance of donated property of 3.1 acres of parcel number 16-107-2 for conservation, seconded by Councilor Felch; the motion passed with all in favor.  Councilor Cheney moved to waive reading of this Resolution in its entirety and to read by title only, seconded by Councilor Felch; the motion passed with all in favor. Councilor Cheney moved a first reading of Resolution 2020-02, relative to the acceptance of donated property of 3.1 acres of parcel number 16-107-2 for conservation, seconded by Councilor Felch; the motion passed with all in favor. Councilor Cheney moved to schedule a public hearing on February 24, 2020 during the regular City Council meeting to gather public input prior to adoption, seconded by Councilor Felch; the motion passed with all in favor. 20.B. Request for proposals for the operation and management of the Colonial Theatre Mayor Hosmer explained that he has been working on this with the Colonial Theatre Programming Committee. A draft RFP was put together by this committee and this is what is attached to the agenda this evening. Discussion was had in regards as to whether this should be called a RFP (Request for Proposal), or a RFI (Request for Information). Also discussed was who is responsible for all of the day to day operations the Colonial such as cleaning, maintenance, etc. Will City employees be responsible for cleaning and maintenance or will a management company be responsible for items like this. Councilor Hamel explained this draft RFP is to find out who is interested in taking on the management of the Theatre and then once someone is chosen, that is when an official contract would be set in place to spell out all of the details of the management company's duties and the City's duties. Councilor Lipman expressed that he thinks and RFI should be completed before a RFP. Mayor Hosmer explained there were some challenges presented when putting this draft RFP together and any and all input from the Council would be greatly appreciated. Mayor Hosmer does agree that maybe a RFI should be done before the RFP. Councilor Bownes does not care whether this is called a RFI or RFP, but he would like input from people as how this is going to be managed. Councilor Hamel requests that if this is approved, that it be sent to the City Manager and Legal to clean up any necessary language that needs to be cleaned up. Councilor Cheney agrees with Councilor Lipman that a RFI should be done first. Councilor Cheney the document can stay the same but change the name to a RFI. City Manager Myers stated that Jon Gardner, the Purchasing Specialist does have a copy of this and is looking over the document thoroughly. Legal won't look at this until there is a final copy. Mayor Hosmer requested the Council to review this document further and give feedback to City Manager Myers and Mayor Hosmer by February 18, 2020. Justin Slattery from the BEDC gave a brief update on the progress of the Colonial Theatre. Councilor Hamel also stated there may be a person interested in the position of the Production Manager. 21. UNFINISHED BUSINESS 21.A. Second reading and approval of Resolution 2020-01, relative to the NH Department of Environmental Services Exotic Species Program Project Councilor Cheney moved to waive reading of this Resolution in its entirety and to read by title only, seconded by Councilor Haynes; the motion passed with all in favor. Councilor Cheney moved a second a reading of Resolution 2020-01, relative to authorizing the City 21.A. Second reading and approval of Resolution 2020-01, relative to the NH Department of Environmental Services Exotic Species Program Project Councilor Cheney moved to waive reading of this Resolution in its entirety and to read by title only, seconded by Councilor Haynes; the motion passed with all in favor. Councilor Cheney moved a second a reading of Resolution 2020-01, relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $23,364 for the NH Department of Environmental Services Exotic Species Program Project, seconded by Councilor Lipman; the motion passed with all in favor. Councilor Cheney moved to approve Resolution 2020-01, relative to authorizing the City Manager to accept and expend a grant on behalf of the City in the amount of $23,364 for the NH Department of Environmental Services Exotic Species Program Project, seconded by Councilor Haynes; the motion passed with all in favor. 21.B. Second reading and approval of Ordinances 2020-235-41 and 2020-235-70 Councilor Cheney moved to waive reading of Ordinance 2020-235-41 in its entirety and to read by title only, seconded by Councilor Bownes; the motion passed with all in favor. Councilor Cheney moved a second reading of Ordinance 2020-235-41, relative to amending City Code Zoning, adding a new section "e" to create a Special Exception process for Short Term Lodging, seconded by Councilor Bownes; the motion passed with all in favor. Councilor Cheney moved to approve Ordinance 2020-235-41, relative to amending City Code Zoning, adding a new section "e" to create a Special Exception process for Short Term Lodging, seconded by Councilor Hamel; the motion passed with all in favor. Councilor Cheney moved to waive a reading of Ordinance 2020-235-70 in its entirety and to read by title only, seconded by Councilor Hamel; the motion passed with all in favor. Councilor Cheney moved a second reading of Ordinance 2020-235-70, relative to amending Zoning to create specific criteria for Short Term Lodging, amending the fee schedule for Planning and Zoning to create a $250 fee for Short Term Lodging applications, and amending the abutter notification fee for all abutter notifications for any type of application to $10 each, seconded by Councilor Haynes; the motion passed with all in favor. Councilor Cheney moved to approve Ordinance 2020-235-70, relative to amending Zoning to create specific criteria for Short Term Lodging, amending the fee schedule for Planning and Zoning to create a $250 fee for Short Term Lodging applications, and amending the abutter notification fee for all abutter notifications for any type of application to $10 each, seconded by Councilor Lipman; the motion passed with all in favor. 21.C. Support for the WOW Trail Extension Councilor Haynes moved to remove this item, RES-2019-25, from the table, seconded by Councilor Hamel; the motion passed with all in favor. Councilor Haynes moved to replace in its entirety RES-2019-25 with RES-2020-03, seconded by Councilor Hamel; the motion passed with all in favor. Councilor Lipman would like to see a time frame added to this. Councilors agree this should be decided by sunset October 1, 2020, that way the summer residents have a chance to voice their opinions on this as well. Councilor Haynes moved to amend RES-2020-03 by adding to the last paragraph, such committee at sunset on October, 1, 2020, seconded by Councilor Cheney; Mayor Hosmer called the question with the amendment; the motion passed with all in favor.  Councilor Haynes moved to amend RES-2020-03 by adding to the last paragraph, such committee at sunset on October, 1, 2020, seconded by Councilor Cheney; Mayor Hosmer called the question with the amendment; the motion passed with all in favor. Councilor Felch would like to know a time frame for when the committee will be formed. Mayor Hosmer would like to see this committee formed by the end of this month, February, 2020. Councilor Cheney moved to waive a reading of this Resolution in its entirety and to read by title only, seconded by Councilor Haynes; the motion passed with all in favor. Councilor Cheney moved a first reading of Resolution 2020-03, relative to the WOW Trail extension to be worked on by a Blue Ribbon Committee, seconded by Councilor Felch; the motion passed with all in favor. Councilor Bownes moved to approve Resolution 2020-03, relative to the WOW Trail extension to be worked on by a Blue Ribbon Committee with the amendment, seconded by Councilor Hamel; the motion passed with all in favor. 21.D. New version of a crosswalk bump out on Beacon Street West Mayor Hosmer updated the Council on the changes. Councilor Bownes moved to approve the design and construction of the proposed pedestrian crossing on Beacon Street West, seconded by Councilor Hamel; Councilor Bownes asked the difference in cost from the old one. Director Anderson stated the old one was $10,000 less. Councilor Bownes thinks the original bump outs would be just fine. City Manager Myers explained this does add sidewalks to align pedestrians appropriately from one side of the street to the other. Mayor Hosmer called the question; the motion passed with five (5) in favor, one (1) opposed (Bownes). 22. COUNCIL COMMENTS Councilor Cheney received an email from a constituent in regards to the Taylor Community and other like places when it comes to property taxes and NH Vision Appraisal. The constituent would like to be able to see those numbers listed on NH Vision. 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  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 in to non-public 91-A:3, II (c) Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the body or agency itself, unless such person requests an open meeting, seconded by Councilor Bownes; City Clerk Hebert took a roll call vote: Councilor Cheney YES Councilor Bownes YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch Yes the motion passed with all in favor. Councilor Cheney moved to seal the non-public minutes for three (3) years, seconded by Councilor Bownes; the motion passed with all in favor. Councilor Cheney moved to enter in to a non-public meeting according to 91-A:3 II (e), consideration or negotiation of pending claims of litigation which has been threatened in writing or filed against the body or agency or any subdivision thereof, or against any member thereof because of his membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled, seconded by Councilor Lipman; the motion passed with unanimous roll call vote. Councilor Cheney moved to seal the minutes of the non-public for three (3) years, seconded by Councilor Bownes, the motion passed with all in favor. With no further business to come before the Council and hearing no objection, Mayor Hosmer adjourned the meeting at 9:01 pm. Respectfully submitted Cheryl Hebert, City Clerk MINUTES OF THIS MEETING WERE APPROVED BY COUNCIL ON FEBRUARY 24, 2020