City Council

CITY OF LACONIA - CITY COUNCIL MEETING April 27, 2020 7:00 P.M. 4/27/2020 - Minutes 1. CALL TO ORDER Mayor Hosmer called the meeting to order at the above date and time. As Mayor of the Laconia City Council, due to COVID-19/Coronavirus crisis and in accordance with Governor Sununu's Emergency Order #12 pursuant to Executive Order 2020-04, this Board is authorized to meet electronically. Please note that there is no physical location to observe and listen to the meeting, which was authorized pursuant to the Governor's Emergency Order. However, in accordance with the Emergency Order, this is to confirm that we are: a) Providing public access to the meeting by telephone, with additional access possibilities by video or other electronic means; We are utilizing the Zoom platform for this electronic meeting. All Council Members have the ability to communicate during this meeting through the Zoom platform, and the public has access to watch the live YouTube video at https://www.youtube.com/laconianh, listen to this meeting through dialing the following phone # 1-312-626-6799 or participate by the Zoom app: Webinar ID: 234 032 584 password 967814 b) Providing public notice of the necessary information for accessing the meeting; We previously gave notice to the public of how to access the meeting using Zoom, and instructions are provided on the City of Laconia's website at: www.laconianh.gov c) Providing a mechanism for the public to alert the public body during the meeting if there are problems with access; If anybody has a problem, please call 524-3877 ext. 249 or email at: cityclerk@laconianh.gov d) Adjourning the meeting if the public is unable to access the meeting: In the event the public is unable to access the meeting, we will adjourn the meeting and have it rescheduled at that time. Please note that all votes that are taken during this meeting shall be done by Roll Call vote. Let's start the meeting by taking a Roll Call attendance. When each member states their presence, also please state whether there is anyone in the room with you during this meeting, which is required under the Right-to-know Law. 2. SALUTE TO THE FLAG Councilor Haynes lead the Salute to the Flag. 3. RECORDING SECRETARY Cheryl Hebert, City Clerk 4. ROLL CALL City Clerk Hebert took a roll call vote:  Cheryl Hebert, City Clerk 4. ROLL CALL City Clerk Hebert took a roll call vote: Councilor Cheney: Yes, Is anyone in the room with you? No Councilor Bownes: Yes (physical present) Councilor Lipman: Yes, Is anyone in the room with you? No Councilor Haynes: Yes (physically present) Councilor Hamel: Yes, Is anyone in the room with you? No Councilor Felch: Yes, Is anyone in the room with you? No Mayor Hosmer noted all six (6) Councilor were in attendance and a quorum has been 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 April 13, 2020 Minutes of the meeting were distributed to the Council on April 17, 2020. With no corrections or changes submitted to the Clerk, the minutes will be accepted as distributed. 8. CONSENT & ACTION ITEMS 8.A. Acceptance of Unanticipated Funds - Laconia Fire Department Community Grant from Walmart Councilor Haynes moved to accept the $2,500 Walmart Community Grant for the purchase of specialized medical equipment to be placed on the ambulances, 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. 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA  Councilor Felch Yes the motion passed with all in favor. 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Jose Dematos would like to thank Councilor Hamel for offering the tax payers some relief at the end of the last Council meeting. Mr. Dematos would like to know if there is further information on this. Mayor Hosmer stated that City is still waiting for further guidance from the State. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Public hearing for the proposed amendment of city code Chapter 235, Zoning, amending Table of Permitted Uses and Table of Dimensional Requirements Notice of this public hearing was made available in the April 17, 2020 edition of the Laconia Daily Sun and posted at Laconia City Hall, Community Center, and SAU Mayor Hosmer opened the public hearing at 7:16 pm. Hearing no comment from the public, Mayor Hosmer closed the public hearing at 7:17 pm. 14. PRESENTATIONS 15. MAYOR'S REPORT Mayor Hosmer spoke of the Weirs Beach Bridge project and said that it is now underway. Due to COVID-19 and Vermont guidelines, this project was delayed a few weeks as some of the material needed was coming from Vermont. There will be detours for the next 30 days. Mayor Hosmer thanked the public for their patience and understanding while this project is happening. Mayor Hosmer also would like to remind Laconia residents to fill out their 2020 Census. Laconia is lagging other communities within the State. The Governor has extended the Emergency Order through May 15, 2020. Mayor Hosmer also mentioned the document that came out a couple weeks ago from the Secretary of State and Attorney General regarding the 2020 Election Cycle. It stated that absentee ballots will be available to anyone wishing not to physically attend the polling locations due to COVID-19. Any questions regarding this can be directed to City Clerk Hebert. Mayor Hosmer understands that everyone is learning to adjust during these pandemic times. Mayor Hosmer read a quote from John F. Kennedy during the height of the 1962 Cuban Missile Crisis. Mayor Hosmer encourages everyone to continue to focus on what is keeping the City safe. Mayor Hosmer again thanks the Police Department, Fire Department, paramedics, teachers, City hall employees, DPW workers, nurses and doctors. These are all the true heroes of our community. Councilor Bownes wants to clarify that a person will not have to provide documentation from a medical professional in order to receive an absentee ballot. City Clerk Hebert stated there will be a box on the absentee ballot application that a voter can check off for their reason for requesting a ballot. 16. COMMITTEE REPORTS  City Clerk Hebert stated there will be a box on the absentee ballot application that a voter can check off for their reason for requesting a ballot. 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. Proposed Historic Overlay District 16.C.vi. 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 17. LIAISON REPORTS Councilor Hamel updated the Council on the Colonial Theatre. 18. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Representative Charlie St. Clair - Spoke in regards to Motorcycle Week 2020 and that the board will make it's final decision Thursday, April 30, 2020. If they need an alternative date, they would like to see it be August 22, 2020 through August 30, 2020. Representative St. Clair has not spoken to the Mount Washington personally with any of their concerns they may have, but he is wiling to work out the logistics with them. Representative St. Clair did state that the week they are proposing is one of the less busy weeks in August. He understands that some people are not happy with the proposed dates but said not everyone will be happy with any date proposed. Representative St. Clair also explained the train runs every day during the proposed week and they are willing to do a train/ship ticket in order to work with Mount Washington cruises. If things haven't changed in the beginning of August the association would come back to the Council to figure out another alternative date. Representative St. Clair said September would be limited due to other rallies happening around the Country which would affect vendors coming to Laconia. Washington personally with any of their concerns they may have, but he is wiling to work out the logistics with them. Representative St. Clair did state that the week they are proposing is one of the less busy weeks in August. He understands that some people are not happy with the proposed dates but said not everyone will be happy with any date proposed. Representative St. Clair also explained the train runs every day during the proposed week and they are willing to do a train/ship ticket in order to work with Mount Washington cruises. If things haven't changed in the beginning of August the association would come back to the Council to figure out another alternative date. Representative St. Clair said September would be limited due to other rallies happening around the Country which would affect vendors coming to Laconia. Representative St. Clair said he spoke to both the police and fire chiefs and they were both on board with the proposed August dates. Mayor Hosmer questioned the proximity of the Sturgis Rally date being so close to the proposed August date. How will that affect Laconia? Representative St. Clair stated it is not the best of scenarios as it is only a week apart but after speaking with some of the vendors they will not miss the Laconia rally as they can't afford to. Councilor Lipman questioned if conversations have been had with State officials regarding the proposed August date due to COVID-19 and would it be wise to advertise the new dates not knowing if the State will even be open for such an event. Representative St. Clair explained it would be advertised as a tentative date and the association would base the final decision on what the Governor's Office advises for the time period. Councilor Lipman also questioned if the association will still have the full nine days or shorten the rally to only seven days. Councilor Lipman explained he has received some calls that if the rally is shortened it will decompress more people in a shorter amount of time. Representative St. Clair stated they would still have the rally for the entire nine days. Councilor Lipman asked if the board has considered having the rally in September rather than August? Representative St. Clair explained that the board has considered September dates but the weather is more favorable in August and the sponsors would rather see it in August. Representative St. Clair thinks the proposed dates in August are the best dates for the rally if it can't be held in June. Councilor Lipman would like to see a decision made in a timely manner for scheduling purposes for all people involved. Councilor Lipman doesn't want a last second decision to be made. Representative St. Clair completely agrees that a firm decision needs to be made sooner rather than later. Councilor Felch attended the board meeting for the Motorcycle Week Association and the board did vote to move the rally date to August and the final decision will be made by the end of this week to postpone it or not. Councilor Felch said he has heard from a bunch of people and some would like it moved to September but a majority of them would rather see in held in August if June is out of the question. Jim Morace, Mount Washington - The week that Representative St. Clair spoke about in regards to the third week of August being the slowest week is quite the contrary. Mr. Morace thanked Representative St. Clair for taking the Mount Washington into consideration. Mr. Morace explained that the proposed August dates for the rally is historically the third busiest week for the Mount Washington. Mr. Morace does understand that this season will be questionable one to say the least. But if there is even going to be a season, it will go well into August. A number of bookings for May have been moved to August. Mr. Morace explained he has already had to cancel the entire month of May. Mr. Morace would like to ask the Council to consider combining Biketemberfest, which is in September, and Motorcycle Week. Have one event for both in September. Mr. Morace thinks lodging will be an issue for the proposed dates and September would be much better. Mayor Hosmer asks that the lines of communication between Mr. Morace and Representative St. Clair remain open. Representative Charlie St. Clair understands where Mr. Morace is coming from. He said they would work with the Mount Washington to be sure their customers can get to their cruise. Jose Dematos, 1192 Weirs Blvd, stated he is in full support in moving Motorcycle Week to August 22, 2020  Mayor Hosmer asks that the lines of communication between Mr. Morace and Representative St. Clair remain open. Representative Charlie St. Clair understands where Mr. Morace is coming from. He said they would work with the Mount Washington to be sure their customers can get to their cruise. Jose Dematos, 1192 Weirs Blvd, stated he is in full support in moving Motorcycle Week to August 22, 2020 to August 30, 2020 and knows that the Laconia Motorcycle Week Association has been throwing around the August dates back in March and a lot of people have already assumed that was the new date. 19. CITY MANAGER'S REPORT 19.A. Project Updates Report City Manager Myers stated for the record that he has not approved anything administratively since the last meeting. City Manager Myers reviewed the report. Councilor Cheney asked the City Manager for updates on the following items: 1. A report on the private roads issue. 2. If someone from the staff can contact Lakeport Landing regarding what was supposed to be a representation of a brick tower from a fire house and that is not what is being done. 3. Status of the court case of the property on the corner of Rollercoaster Road regarding the clean up. 4. Status of the property on the corner of Pickerel Pond Road. 5. Any indication of what is going to be done to the house on Court Street beside Stafford Oil. 6. An update on whether utility companies are paying for having duplicate poles on the same road. 7. Councilor Cheney spoke to the City Clerk in regards to the absentee ballot process and wonders if there needs to be an upgrade to the mailing procedure. Councilor Cheney understands it is not the fault of the Clerk's office that some people are not receiving their absentee ballots and it is most likely the postal system and wonders if absentee ballots should be mailed out with return receipt. City Manager Myers explained that about six months ago he shared with the Council that Lakeport Landing did not need to install a rendering of a fire tower per the Planning Boards approvals and he will share this information with the Council again. In regards to the Rollercoaster Road property, due to the Court being closed minimumally until May 25, 2020, there is a final management conference schedule for October 9, 2020 and a bench trial scheduled on October 23, 2020. For the Court Street property, there are ongoing conversations with the property owner. City Manager Myers will follow up with the Council in regards to the other concerns Councilor Cheney brought up. Councilor Felch thought it was decided not to put the bump outs on Beacon Street West. City Manager Myers explained staff brought options to the Council and the Council approved what is being done. The City Manager will be happy to share those minutes with the Council for clarification. Councilor Hamel remembers distinctively that the bump outs on Beacon Street West were not to happen. City Manager Myers will forward the Council the renderings that were approved as well as the minutes and YouTube links to the meetings to clarify any questions the Council may have in regards to the bump outs being installed on Beacon Street West. Councilor Hamel also asked for an update on Perley Pond.  City Manager Myers will forward the Council the renderings that were approved as well as the minutes and YouTube links to the meetings to clarify any questions the Council may have in regards to the bump outs being installed on Beacon Street West. Councilor Hamel also asked for an update on Perley Pond. City Manager Myers stated a wetland scientist just signed a wetland permit to be pulling some of the rapidly growing shrubs and continue cleanup. Councilor Cheney echoes the concerns that the previously two Councilor's have in regards to the bump outs on Beacon Street West. He does recognize the Council approved the bump outs but he doesn't think the Council understood how big they were going to be. 19.B. Monthly Economic Development Report City Manager Myers reviewed the report. Councilor Bownes thinks everyone is well aware that there will probably be a struggle with this budget and possibly next year's budget finding particular sources of revenues that the City has relied on in the past in terms of budget numbers. Councilor Bownes wants everyone to recognize that. Councilor Bownes stated he will be keeping a close look at the CPI. Due to COVID-19 and the extreme economic impact it will have, the Council needs to be extremely cautious with the budget and what the projective revenues could look like. Councilor Bownes also mentioned a April 16th, 2020 memo that deals with $400,000 of revenue sharing from the State and how that should be allocated. Councilor Bownes also spoke of the $70,000 from the Endicott Street East project as a capital item. He would like this added to the agenda sometime soon. City Manager Myers is happy to place them on the next agenda. City Councilor Hamel suggested bonding the $720,000 that is used to help decrease the taxes and the $1.6 million that is going to be used for road repairs as the interest rate is extremely low right now. 20. NEW BUSINESS 20.A. Discussion and update on Laconia Motorcycle Week event Councilor Felch has spoken to many businesses and most are in favor of having Motorcycle Week in August, with only one or two in favor of having it moved to September. Councilor Felch moved to approve a contingency date of August 22, 2020 through August 30, 2020 for Laconia Motorcycle Week seconded by Councilor Cheney; Councilor Hamel agrees with the motion but feels it is the duty of the Council to make a decision first in regards to the June date for Motorcycle Week. Councilor Hamel can't imagine the City would want tens of thousand of people from other parts of the Country here in June. Councilor Lipman agrees with Councilor Hamel. Councilor Lipman is concerned with the proposed August date as well as the Biketemberfest scheduled for September being so close to one another and how that affects the businesses in that area, especially the Mount Washington. Whatever decision is made needs to work well for all the stakeholder's in that area. Councilor Lipman is not necessarily in favor of the motion as it is proposed. Councilor Lipman is in favor of postponing the June date for Motorcycle Week but is unsure of the effects of the August date. Councilor Lipman stated if the August date moves forward, the Council should maybe reconsider Biketemberfest because of the potential loss in revenues for the Mount Washington and possibly other stakeholders in the Weirs. Councilor Felch explained that he has spoken to other businesses in the Weirs and they are in favor of the proposed August dates for Motorcycle Week. stated if the August date moves forward, the Council should maybe reconsider Biketemberfest because of the potential loss in revenues for the Mount Washington and possibly other stakeholders in the Weirs. Councilor Felch explained that he has spoken to other businesses in the Weirs and they are in favor of the proposed August dates for Motorcycle Week. Councilor Lipman is concerned with two bike events in such a short time frame and how that affects the non bike businesses. Councilor Lipman would like the decision made collectively. Councilor Hamel would like to see a deadline to make a decision regarding the proposed August dates no later than August 1, 2020. Councilor Bownes stated that the everyone just needs to accept that the June dates for Motorcycle Week are not feasible and that we should just move forward with the August dates which will also depend on where the State is in regards to COVID-19. If the State says, in July or August, that we still can not open up, then that will have to accepted as reality and it will have to be revisited. Councilor Bownes would like the Motorcycle Week Association and the Council to cancel the June date and move forward with the August date, then revisit another alternative date if the State continues with the no large groups order into August. Councilor Cheney thinks the Council all agree that canceling the June date is appropriate and the August date is appropriate. Councilor Cheney didn't take Councilor Lipman's statement as canceling anything in September, but as to revisit it later with the people it may affect. Councilor Felch is in agreement with the Council canceling the June date and approving the August date, but feels anything for September should be revisited at a later time. Councilor Hamel suggests voting individually on the two dates, June and August. Councilor Felch withdraws his motion. City Manager Myers stated that he thinks what Jim Morace from the Mount Washington is concerned with is if the August date was set and he moved his functions to September and then the August date for Motorcycle Week needed to be moved to September, that would directly affect his entire season. Councilor Hamel would like to vote on the June dates and then discuss the August dates. Councilor Hamel also would like everyone to understand that until there is a shot for immunization for COVID- 19, the virus can still be spread. Councilor Lipman moved that it is the recommendation of the Council that June Motorcycle Week Rally 2020 be canceled, seconded by Councilor Hamel; 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 Bownes moved that the tentative date for Laconia Motorcycle Week be set for August 22, 2020 through August 30, 2020, seconded by Councilor Felch; Councilor Lipman would like to know if the Council could hear from Mr. Morace and Mr. St. Clair the motion passed with all in favor. Councilor Bownes moved that the tentative date for Laconia Motorcycle Week be set for August 22, 2020 through August 30, 2020, seconded by Councilor Felch; Councilor Lipman would like to know if the Council could hear from Mr. Morace and Mr. St. Clair before voting on this. Mr. Morace stated the City Manager represented his concerns accurately but having said that he would rather see the rally be held in September. Mayor Hosmer asked Mr. Morace if there would be a nine day time frame that would work better in September. Mr. Morace stated anytime after Labor Day would be better, especially if the Biketemberfest date was combined with Motorcycle Week. Representative St. Clair stated the rally can't be done in September because of other rallies happening during that month. Representative St. Clair said if the rally had to be canceled in August, it would be other businesses and events that would have to be canceled as well. If the Rally did have to be moved to September, the association would be looking at the starting the date of the 19th of September. Mr. Morace stated if the State of NH did cancel events in August, the Mount Washington could operate under the phase three category, under approved social distance standards. Mayor Hosmer thinks there are still a few issues that need to be considered before taking a vote on this and maybe this should be moved to Unfinished Business for the May 11, 2020 Council Meeting. Councilor Hamel agrees with that. Councilor Felch disagrees with that suggestion as he has spoken to a lot of the businesses in the area and 80% agree with the August date. Councilor Cheney thinks it will be difficult for the Motorcycle Association to operate in limbo and thinks the August date should move forward and is in full support of the August dates. Councilor Lipman thinks by May 11, 2020 there would be enough information in order to move forward. Mayor Hosmer called the question; 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 pass with all in favor. Councilor Hamel spoke of the other rallies that he has heard of like Americade, they have canceled and moved to July.  the motion pass with all in favor. Councilor Hamel spoke of the other rallies that he has heard of like Americade, they have canceled and moved to July. 21. UNFINISHED BUSINESS 21.A. Second reading and approval to amend city code Chapter 235, Zoning, amending Table of Permitted Uses and Table of Dimensional Requirements Councilor Bownes moved to waive reading of this Ordinance in its entirety and to read by title only, seconded by Councilor Hamel; 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 Bownes moved the second reading of Ordinance 2020-235 Tables, amending the Table of Permitted Uses and the Table of Dimensional Requirements, seconded by Councilor Haynes; 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 Haynes moved to approve Ordinance 2020-235 Tables, amending the Table of Permitted Uses and the Table of Dimensional Requirements, seconded by Councilor Bownes; City Clerk Hebert took a roll call vote: Councilor Cheney Yes Councilor Bownes Yes Councilor Lipman Yes  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. 21.B. The Dive, LLC - Update on the proposed dock expansion Councilor Felch moved to remove this item from the table, seconded by Councilor Haynes; City Clerk Hebert called the roll: 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. Mayor Hosmer and City Manager Myers met with the Attorneys representing The Dive, LLC. It was a very productive discussion but he still has some reservations about the proposal. Having said that he stated he is in favor of private/public partnerships. Mayor Hosmer is impressed with the The Dive, LLC, through its attorney's, being willing to work out a compromise with the City. The Mayor updated the Council of the new terms The Dive, LLC is proposing. The Dive, LLC has also dropped the litigation process that was pending with the City. The Dive owners have also proposed to assist in fundraising to raise funds for the City to repair the older docks as well. Mayor Hosmer would like the Council to move to allow the City Manager to draw up a lease agreement with legal counsel and bring that document to Council at an upcoming meeting for the Council to vote on. Councilor Cheney would like to see more detail added before the Council votes. Cuuncilor Cheney would like wording in item 2D, to be updated regarding pertaining to the ADA compliance. Councilor Cheney would like it so they have to comply with ADA requirements. Councilor Cheney would also like to see more detail regarding insurance, such as adding the City as additionally insured. There should be a committment from them to receive their deliveries in the morning. Councilor Cheney would also like to see it added that they not only comply with the City Codes, but also, City Ordinances. Lastly, Councilor Cheney is concerned under 8A, that a provision be added to state if The Dive, LLC causes any erosion to the beach, they would be responsible for correcting that. Councilor Bownes echoes some of the concerns that Councilor Cheney expressed. But he is also in favor of a public/partnership to improve the City. Councilor Bownes would like a more definitive number. Councilor Felch would like to see this move forward and doesn't understand why this lease can't replicate the lease with the Mount Washington. Councilor Cheney would like to see what The Dive, LLC received for an estimate of costs to upgrade  number. Councilor Felch would like to see this move forward and doesn't understand why this lease can't replicate the lease with the Mount Washington. Councilor Cheney would like to see what The Dive, LLC received for an estimate of costs to upgrade the other docks that The Dive, LLC is willing to raise funds to help replace. Councilor Hamel is concerned with the beach upgrades and if the location of the proposed new dock will adversely affect the beach upgrades. Councilor Hamel would also like to know the cost of The Dive, LLC received in regards to upgrading the older docks. Councilor Hamel is having a hard time seeing the benefit to the tax payers if the older docks are not renovated do to liability and ADA complaince. Councilor Hamel would also like it spelled out that they will comply with all City Codes and Ordinances. City Manager Myers understands all of the concerns brought forward this evening. This was tabled two weeks ago and there was a Zoom conference call between the City Manager, the Mayor, and representatives from The Dive, LLC. A document was received just in time to be added to this agenda for the Council to review. It was decided to take guidance from Council before sending the document to legal. With a consensus from the Council tonight, the City Manager will forward the proposed document with tonights suggestions from Council to legal as well as Primex for approval and then the finalized document will be brought back to Council for final approval. Councilor Lipman appreciates the work that has gone into this. Councilor Lipman is supportive of the City Manager moving forward with the recommendations from the Council tonight to negotiate and finalize a legal document for the Council to decide on. Councilor Felch moved to authorize the City Manager to begin working on a formal lease agreement with legal between the City and The Dive, LLC, seconded by Councilor Haynes; Councilor Lipman is in favor to move forward with the Councilors suggestions tonight except for Councilor Felch's statement regarding replicating the Mount Washington's lease. Mayor Hosmer called the question; City Clerk Hebert called the roll: 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. 22. COUNCIL COMMENTS No comments from the Council were made. 23. FUTURE AGENDA ITEMS 23.A. Master Plan 23.B. Milfoil Treatment funding requests 23.C. Sewer & Water Master Plan  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 further business to come before the Council and hearing no objection, Mayor Hosmer adjourned the meeting at 9:19 pm. Respectfully submitted Cheryl Hebert, City Clerk MINUTES OF THIS MEETING WERE APPROVED BY COUNCIL ON MAY 11, 2020