City Council

CITY OF LACONIA - CITY COUNCIL MEETING (via Zoom) November 23, 2020 7:00 P.M. 11/23/2020 - 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 the 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 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 # 1-646-558-8656 or participate by the Zoom app: Webinar ID: 853 6486 9990 password 941215 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 x 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 Hamel lead the Salute to the Flag. 3. RECORDING SECRETARY Cheryl Hebert, City Clerk 4. ROLL CALL City Clerk Hebert took a roll call attendance: Councilor Cheney YES, Is anyone in the room with you? NO Councilor Soucy YES, Is anyone in the room with you? NO Councilor Lipman YES, Is anyone in the room with you? NO Councilor Haynes YES, Is anyone in the room with you? NO  Councilor Cheney YES, Is anyone in the room with you? NO Councilor Soucy YES, Is anyone in the room with you? NO Councilor Lipman YES, Is anyone in the room with you? NO Councilor Haynes YES, Is anyone in the room with you? NO 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 November 9, 2020 Minutes of the meeting were distributed to the City Council on Thursday, November 12, 2020. With no changes or corrections 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 Elect Dawn Johnson, Ward 4, 199 Country Club Road - Mrs. Johnson asked what Mayor Hosmer's residence is. She stated this has nothing to do with politics, she explained the citizens of Laconia have the right to know. Representative Charlie St. Clair - Stated that a few people have brought to his attention in regards to the Mayor's residency. Mr. St. Clair understands that anyone can own multiple homes in different locations and that is all that should matter. The only thing that should matter is that the Mayor's residence is in Laconia no matter how many homes he owns. Representative Elect Mike Bordes - There is a difference between domicile and where one owns property. The issue should only be where one physically resides. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 11.A. Request to appoint a City Council representative to the 2020 Debra Bieniarz Award Committee Councilor Soucy moved to appoint Councilor Felch as the City Council's representative to the 2020 Debra Bieniarz Award Committee, seconded by Councilor Haynes; City Clerk Hebert took a roll call vote: Councilor Cheney YES Councilor Soucy YES Councilor Lipman YES  Councilor Cheney YES Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with all in favor. 12. COMMUNICATIONS 13. PRESENTATIONS 14. PUBLIC HEARINGS 14.A. Public hearing pertaining to the declaration of City-owned property at 30 Church St., (Tax/Map/Parcel 432-44 1.1), Laconia, NH as surplus Notice of this public hearing was made available in the November 13, 2020 edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Public Library, Laconia Community Center and the SAU. Mayor Hosmer opened the public hearing at 7:14 pm With no comments from the public, Mayor Hosmer closed the public hearing at 7:15 pm. 14.B. Public hearing pertaining to the declaration of City-owned property at 50 Church St., (Tax/Map/Parcel 425-44-1.2), Laconia, NH as surplus Notice of this public hearing was made available in the November 13, 2020 edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Public Library, Laconia Community Center and the SAU. Mayor Hosmer opened the public hearing at 7:15 pm With no comments from the public, Mayor Hosmer closed the public hearing at 7:16 pm. 15. MAYOR'S REPORT Mayor Hosmer addressed the issues that have been brought up during the public comments and in the media. He explained he has spent the last 25 years in Laconia with his family and they have recently just listed that home. With listing that home, they have purchased a property in Gilford as an investment property and in July of 2020 also purchased a home in Laconia which will be his home. When the house on Summit Ave sells the Mayor plans to have his domicile and residency be at the Parker Street home that he purchased. He explained he is a registered voter in Laconia, has vehicles registered in Laconia and is a tax payer in Laconia. He explained Laconia has remained his residency and it has never changed during this transition. Mayor Hosmer referenced NH RSA's 654.1, Voter; Office Holder and 654.2, Temporary Absence or Presence. Mayor Hosmer explained he loves the City of Laconia. It is where he and his wife decided to raise their family and as long as he has the privilege of remaining the Mayor, he will remain a resident of Laconia. He takes great pride in knowing that the residents step up and take on challenges and also celebrate the wonderful things that happen in Laconia. Mayor Hosmer recognized Darrell Dawson from Kellerhaus who initiated a program of people sponsoring christmas trees in the downtown area and decorating them. Mayor Hosmer also recognized Celebrate Laconia for the great work that they continuously do. Mayor Hosmer also thanked the essential workers (fire fighters, police, teachers, doctors, and nurses) as we enter  Mayor Hosmer recognized Darrell Dawson from Kellerhaus who initiated a program of people sponsoring christmas trees in the downtown area and decorating them. Mayor Hosmer also recognized Celebrate Laconia for the great work that they continuously do. Mayor Hosmer also thanked the essential workers (fire fighters, police, teachers, doctors, and nurses) as we enter a second wave of the pandemic. 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), Soucy, Lipman) 16.C. GOVERNMENT OPERATIONS & ORDINANCES (Soucy (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 Councilor Hamel scheduled a Land and Buildings Subcommittee meeting for December 14, 2020 at 6:30 pm for the purpose of discussing the 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 Councilor Hamel scheduled a Land and Buildings Subcommittee meeting for December 14, 2020 at 6:30 pm for the purpose of discussing a 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, Soucy) 16.E.i. Retaining Wall Policy 17. LIAISON REPORTS Councilor Hamel read an excerpt from a letter adding the Colonial Theatre to the National Register of Historic Places. 18. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS No comments from the public. 19. CITY MANAGER'S REPORT 17. LIAISON REPORTS Councilor Hamel read an excerpt from a letter adding the Colonial Theatre to the National Register of Historic Places. 18. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS No comments from the public. 19. CITY MANAGER'S REPORT 19.A. Project Updates Report City Manager Myers reviewed the report. 19.B. Monthly Economic Development Report City Manager Myers reviewed the report. City Manager Myers also approved another outdoor loud speaker extension for a wedding on a Sunday. City Manager Myers also stated that around 3:00 pm today, the tax rate had been set. The tax rate is $19.72 per thousand which is lower than anticipated. Hopefully the tax bills will be out as early as Wednesday, November 25, 2020 but no later than Monday, November 30, 2020. 20. NEW BUSINESS 20.A. Request for a driveway permit on a Class VI road Councilor Lipman moved to authorize the City Manager to sign on behalf of the City the Notice of Limits of Responsibility and Liability regarding property abutting a Class VI road for a property on Hilliard Road with Tax Map 178/107/6 and authorize the Code Department to issue a building permit for the same property, seconded by Councilor Felch; City Clerk Hebert took a roll call vote: Councilor Cheney (unavailable for this vote - technical difficulties) Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with five (5) in favor, Councilor Cheney unavailable for this vote. 20.B. Amend City Code Chapter 5-30-B, Conservation Commission Councilor Haynes moved to waive a reading of this Ordinance and to read by title only, seconded by Councilor Felch; City Clerk Hebert took a roll call vote: Councilor Cheney (unavailable for this vote - technical difficulties) Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES  Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with five (5) in favor, Councilor Cheney unavailable for this vote. Councilor Haynes moved a first reading of Ordinance 2020-5-30-B, amending membership of the Conservation Commission, seconded by Councilor Soucy ; City Clerk Hebert took a roll call vote: Councilor Cheney (unavailable for this vote - technical difficulties) Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with five (5) in favor, Councilor Cheney unavailable for this vote. Councilor Felch moved to schedule a public hearing on December 14, 2020 during the regular City Council meeting to gather public input prior to adoption, seconded by Councilor Haynes; City Clerk Hebert took a roll call vote: Councilor Cheney (unavailable for this vote - technical difficulties) Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with five (5) in favor, Councilor Cheney unavailable for this vote. City Manager Myers reached out to Councilor Cheney. He is having trouble with his microphone, he is going to log off the meeting and try to rejoin to see if that helps. Mayor Hosmer paused to allow Councilor Cheney time to rejoin the meeting. 20.C. Request to approve the 2020 second half Sewer Warrant Councilor Felch moved to approve the 2020 second half Sewer Warrant, seconded by Councilor Soucy; City Clerk Hebert took a roll call vote:  Councilor Felch moved to approve the 2020 second half Sewer Warrant, seconded by Councilor Soucy; City Clerk Hebert took a roll call vote: Councilor Cheney Yes Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with all in favor. 20.D. Green Laconia Petition to Laconia City Council Mayor Hosmer read the background to this item. Roger Andrews presented a PowerPoint presentation to the Council. A copy of the PowerPoint presentation has been submitted as part of the record. Mayor Hosmer thanked Mr. Andrews for his presentation. Mayor Hosmer stated that he is willing to start a Green Council to continue this discussion. Councilor Lipman stated that he has considered David Bownes a dear friend for a very long time. Councilor Lipman would like the Council to come up with a subcommittee to look at this item as well as the next two agenda items and establish some criteria before naming things after people. Even though David Bownes and the next two people all deserve recognition, the Council needs to be sure all criteria is looked at when dealing with petitions and naming landmarks. Councilor Lipman also stated the City has done quite a few things to become more green, such as the City street lights, a future solar garden, and the WOW Trail. Mayor Hosmer will follow up with the City Manager in regards to this item. Councilor Hamel concurs with Councilor Lipman. Councilor Cheney also echoes Councilor Lipman's concerns. 20.E. Request to name the Laconia Community Center gym Councilor Felch moved to table this item and refer it to a work study group, seconded by Councilor Cheney; City Clerk Hebert took a roll call vote: Councilor Cheney YES Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES  Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with all in favor. 20.F. Request to name the Laconia Skate Park Councilor Felch moved to table this item and refer it to a work study group, seconded by Councilor Haynes; City Clerk Hebert took a roll call vote: Councilor Cheney YES Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with all in favor. 21. UNFINISHED BUSINESS 21.A. Request to declare City-owned property at 30 Church St., (Tax/Map/Parcel 432-44- 1.1), Laconia, NH as surplus Councilor Soucy moved to approve the request to declare City-owned property at 30 Church Street, (Tax/Map/Parcel 432-44-1.1) as surplus, seconded by Councilor Cheney; Councilor Lipman asked the Mayor to explain to the public what this entails. City Manager Myers explained this will be listed for sale but the purchase price isn't necessarily the highest priority but what the building will be used for. Councilor Haynes asked if the entire Council will have final say. City Manager Myers explained that it would be brought to the Council and discussed in a non-public meeting. Mayor Hosmer called the question. City Clerk Hebert took a roll call vote: Councilor Cheney YES Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES  Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with all in favor. 21.B. Request to declare City-owned property at 50 Church St., (Tax/Map/Parcel 425-44- 1.2), Laconia, NH as surplus Councilor Hamel moved to approve the request to declare City-owned property at 50 Church Street, (Tax/Map/Parcel 425-44-1.2) as surplus, seconded by Councilor Soucy; Councilor Soucy asked if this property will be sold the same way as 30 Church Street. City Manager Myers explained no, this will be treated differently. An expression of interest will go out to see what potential buyers would do with this property. Some of this property will be subdivided to utilize some parking space. Two entities have gone through the building and both of them had some follow up inquiries. The building is being maintained with heat to protect the pipes. The City Manager compared the sale of this building to the old police station which is now the Binnie Media building. Mayor Hosmer called the question. City Clerk Hebert took a roll call vote: Councilor Cheney YES Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with all in favor. 21.C. Third reading to amend City Code Chapter 119 Building Construction and Chapter 135 Electrical Standards Councilor Felch moved to remove this item from the table, seconded by Councilor Hamel; Director Dean Trefethen explained that any building permit that has already been issued will follow the current standards and any Permits requested on or after January 1, 2021 will follow the new standards. City Clerk Hebert took a roll call vote: Councilor Cheney YES Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Cheney YES Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with all in favor. Councilor Hamel moved to waive a reading of these Ordinances in their entirety and to read by titles only, seconded by Councilor Cheney; City Clerk Hebert took a roll call vote: Councilor Cheney YES Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with all in favor. Councilor Felch moved a third reading of Ordinance 2020-119-10, Building Construction and Ordinance 2020-135-1, Electrical Standards, seconded by Councilor Cheney; City Clerk Hebert took a roll call vote: Councilor Cheney YES Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with all in favor. Councilor Felch moved to approve Ordinance 2020-119-10, Building Construction and Ordinance 2020-135-1, Electrical Standards, seconded by Councilor Cheney; City Clerk Hebert took a roll call vote: Councilor Cheney YES Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES  Councilor Cheney YES Councilor Soucy YES Councilor Lipman YES Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with all in favor. 22. COUNCIL COMMENTS Councilor Cheney explained if anyone had any concerns with seeing him talking to someone during this meeting, he was only discussing with his wife whether he was going to get dinner or not. 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 further business to come before the Council and hearing no objection, Mayor Hosmer adjourned the meeting at 8:28 pm. Respectfully submitted Cheryl Hebert, City Clerk MINUTES OF THIS MEETING WERE APPROVED BY COUNCIL ON DECEMBER 14, 2020