City Council

CITY OF LACONIA - CITY COUNCIL MEETING January 11, 2021 7:00 P.M. 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 www.youtube.com/laconianh, listen to this meeting through dialing the following phone # 1-301-715-8592 or participate by the Zoom app: Webinar ID: 842 1822 6469 password 152191 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 527-1265 x 243 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. 1/11/2021 - Minutes 1. CALL TO ORDER Mayor Hosmer called the meeting to order at the above date and time. 2. SALUTE TO THE FLAG Councilor Felch lead the Salute to the Flag. 3. RECORDING SECRETARY Cheryl Hebert, City Clerk 4. ROLL CALL 3. RECORDING SECRETARY 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 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 for the record that all six Councilors were in attendance. 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 December 28, 2020 Minutes of the meeting were distributed to the City Council on Tuesday, December 29, 2020. With no corrections or changes submitted to the Clerk, the minutes will be accepted as distributed. 7.B. Special meeting minutes of January 4, 2021 Minutes of the special meeting were distributed to the City Council on Tuesday, January 5, 2021. 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 No comments from the public were made. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 14. PRESENTATIONS 14.A. Timberman Event - Audra Tassone-Indeck Audra Tassone-Indeck spoke about being able to high light the City of Laconia with the 70.3 Iron Man/Timberman in August of 2021. She explained that during her last presentation, her PowerPoint was just a broad overview of the requests. She wanted to make sure the Council understands that the presentation showed a lot of asks, but she reassured that it needs to be looked at like an a la  14.A. Timberman Event - Audra Tassone-Indeck Audra Tassone-Indeck spoke about being able to high light the City of Laconia with the 70.3 Iron Man/Timberman in August of 2021. She explained that during her last presentation, her PowerPoint was just a broad overview of the requests. She wanted to make sure the Council understands that the presentation showed a lot of asks, but she reassured that it needs to be looked at like an a la carte. The host City can pick and choose what they would like to provide. She also reiterated the race would begin in Gilford, go to Loudon, and end in Laconia. Councilor Soucy asked Ms. Tassone-Indeck to expand on the financial fees. Ms. Tassone-Indeck explained it depends on each market. Some markets contribute $10,000 and some contribute up to a million dollars. Ms. Tassone-Indeck stated there is a lot of flexibility. She also stated in recent talks with the Mayor they were discussing more of the in-kind contribution. Ms. Tassone-Indeck explained an in-kind contract would mean the City would contribute by allowing the use of the the park, school, parking lots, medical services, 2,000 volunteers, and trash pick up. Councilor Soucy is also concerned about the part in the presentation pertaining to complementary hotel rooms. He explained that August is Laconia's peak tourist season. Ms. Tassone-Indeck explained that the complementary rooms may not work for Laconia and that is okay. Some venues offer that and other venues do not. A three year contract is being requested and within that contract all of the terms would be spelled out. Councilor Hamel has some of the same concerns as Councilor Soucy. Councilor Hamel would need to see more specifics before he could vote on this item. With the pandemic and limited budget, it would be really tough for Laconia to come up with the asks. Ms. Tassone-Indeck stated the next step to this piece is to put in writing what the actual asks are of the City and send that document over to the Mayor and City Manager. At the end of the day, she stated she just want to bring all these people to the area and show them what the City has to offer. Councilor Soucy asked if the City does not contribute any cash, then how does Iron Man pay for prizes and staffing? Ms. Tassone-Indeck explained that Iron Man has an operation budget for items like that that comes from sponsorships and other races that happen throughout the year. Councilor Cheney just wanted to be sure that if this was approved the contract would be brought back to the Council for review and further approval. Mayor Hosmer confirmed that the contract will be brought back to the Council for approval. Mayor Hosmer explained that hopefully by the next Council meeting there should be a decision made by the Council. 15. MAYOR'S REPORT Mayor Hosmer stated that the Laconia Human Relations Committee will be having an online presentation on Sunday, January 17, 2021 at 3:00 pm in regards to the celebration of the legacy of Dr. Martin Luther King. Mayor Hosmer also stated that on Wednesday, January 20, 2021 at 5:00 pm a further discussion will take place, virtually, on prejudice and tolerance and improving the civic discourse throughout our communities. Mayor Hosmer spoke of the sad passing of Jack Irwin. Mayor Hosmer spoke highly of him and sends his condolences to the entire Irwin family. 16. COUNCIL COMMENTS Councilor Hamel asked for City Manager Myers to brief the Council at the next meeting in regards to what the City has had in COVID expenses and what has the State done to help with those expenses.  condolences to the entire Irwin family. 16. COUNCIL COMMENTS Councilor Hamel asked for City Manager Myers to brief the Council at the next meeting in regards to what the City has had in COVID expenses and what has the State done to help with those expenses. 17. COMMITTEE REPORTS 17.A. FINANCE (Lipman (Chair), Hamel, Cheney) 17.A.i. WOW Trail Funding 17.A.ii. Downtown TIF Financing 17.B. PUBLIC SAFETY (Cheney (Chair), Soucy, Lipman) 17.C. GOVERNMENT OPERATIONS & ORDINANCES (Soucy (Chair), Felch, Cheney) 17.C.i. Review of Chapter 167, Noise and Chapter 161 Licensing as it pertains to outdoor sound equipment and loudspeakers 17.C.ii. Ordinance Amending Chapter 221, Vehicles and Traffic/Parking on Sublawns 17.C.iii. Procedural review of grant applications 17.C.iv. Regulation of Short Term Residential Rental Businesses 17.C.v. Proposed Historic Overlay District 17.C.vi. Scenic Road Motorcycle Noise Petition 17.D. LANDS & BUILDINGS (Hamel (Chair), Haynes, Felch) 17.D.i. Downtown parking garage 17.D.ii. Repair & maintenance of City buildings 17.D.iii. Perley Pond Maintenance 17.D.iv. Plan for the DPW Compound 17.D.v. Continuation of the discussion regarding parking in the Lakeport area 17.E. PUBLIC WORKS (Haynes (Chair), Felch, Soucy) 17.E.i. Retaining Wall Policy 18. LIAISON REPORTS Councilor Hamel updated the Council on the Colonial Theatre. He explained the Theatre was not able to open in December as planned because of COVID delays in getting materials. A lot of the finish work is being worked on, the seats have been delivered, and the marquis is currently being rebuilt and making progress. Councilor Haynes explained that the Historic District Committee has had two meetings and they are still organizing things. Councilor Hamel also reminded the public that donations are still being accepted for the Colonial Theatre. 19. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS  Councilor Haynes explained that the Historic District Committee has had two meetings and they are still organizing things. Councilor Hamel also reminded the public that donations are still being accepted for the Colonial Theatre. 19. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Charlie St. Clair spoke about the Heritage Commission item and he is hoping the Council will approve the 60-day extension. Mr. St. Clair thinks plans should be presented for that property so the lot is not left vacant for many years to come. Mr. St. Clair also spoke of the request to lower the speed limit on Weirs Boulevard. He explained that during the summer he can understand the reduced speed but any other time that area is very quiet and doesn't see a need for it to be reduced. 20. CITY MANAGER'S REPORT 20.A. Financial and Operational Trends Report City Manager Myers reviewed the report. Councilor Hamel requested from the City Manager to include in the report any costs incurred for the COVID positive people that are being transported to the State School property. Councilor Hamel would also like to know if any of those people have to be transported to a hospital, what hospital are they being brought too? Is it their home community hospital or is it LRGH? City Manager Myers explained that the staffing for a detailed police officer is not costing the City any money, including benefits. Those monies are being 100% reimbursed by the State. City Manager Myers also explained that the only people that are being brought to that facility are being referred by a medical professional for being homeless and COVID positive, symptoms, or in close contact with a COVID positive person, where they need to be isolated. The City Manager also explained the only time Fire would be toned there is when one of the people that are already there are in a medical situation where they need more medical care and in that scenario the City Manager is assuming they would be transported to the appropriate medical facility but he does not have those details. City Manager Myers explained that once someone is cleared to leave the Dube Facility they are being transferred back to the community from where they came from. There have been no exceptions to that process. Councilor Hamel asked if the City is being reimbursed for any expenses for someone who needs to be transported to a medical facility. City Manager Myers does believe so but will double check and get back to the Council with a solid answer. 21. NEW BUSINESS 21.A. Resident's request to lower the speed limit on Weirs Boulevard near 937 Weirs Blvd City Manager Myers explained that an electronic speed sign was placed in that area and it helped reduced the speed but once that sign was removed the problem comes back. This particular property owner reached out to his Councilor and the Chief of Police. Councilor Felch explained that where the speed limit is reduced to 30 MPH is after the corner and this is just requesting the sign be moved to before the corner. Councilor Felch also met with DPW Director Wes Anderson and Chief Canfield and they both agreed it would be a good idea to move the sign as requested. Mayor Hosmer is wondering if this could just be a seasonal adjustment. City Manager Myers explained that adjusting a speed limit dependent on the season could be more confusing for residents and cause more issues.  sign as requested. Mayor Hosmer is wondering if this could just be a seasonal adjustment. City Manager Myers explained that adjusting a speed limit dependent on the season could be more confusing for residents and cause more issues. Councilor Haynes asked Councilor Cheney if a seasonal speed limit is enforceable. Councilor Cheney stated it is enforceable but he would like the City Manager to ask for the data from the electronic speed sign. DPW Directors Anderson stated he did not know the recordings from the speed sign. Mayor Hosmer agrees with Charlie St. Clair in regards to the seasonal changes in traffic and if this just needs to be a seasonal approach. Councilor Hamel moved to table this item until further information can be received from Chief Canfield, 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.B. Heritage Commission petitions for an additional 60-day time-period to negotiate with the owners of 76 Lakeside Avenue proposing a demolition Planning Director Dean Trefethen briefed the Council on the background of this item. The Heritage Commission has followed the Ordinance to its letter concerning this application. The owners have not come to any agreement with the Commission thus far. The time limits under the Ordinance are about to expire and the Commission would like the 60-day extension in order to continue the discussion with the property owner and hopefully come to an agreement. Councilor Felch moved to authorize the Heritage Commission an additional 60 days to negotiate with the owners of 76 Lakeside Avenue with the intention of avoiding demolition of the building, seconded by Councilor Lipman; Councilor Soucy asked Councilor Haynes if there is a chance of an agreement. Councilor Haynes explained there has been discussion about moving the building to another site. Councilor Haynes doesn't know if that is doable. Councilor Haynes asked the Council to approve this extension as there are no plans to rebuild at this time. He stated that building is part of the skyline in that area and it wouldn't do the area any justice if the building were to be demolished and a vacant lot be left. Councilor Soucy asked if the Council is bound by the 60 days or can the extension be longer? Director Trefethen explained the Ordinance states 60 days and if no agreement is reached at the end of the 60 days then his department would have to issue the demolition permit.  Councilor Soucy asked if the Council is bound by the 60 days or can the extension be longer? Director Trefethen explained the Ordinance states 60 days and if no agreement is reached at the end of the 60 days then his department would have to issue the demolition permit. Councilor Haynes stated that after the 60 days extension then the demolition permit would have to be approved if no agreement was reached. Councilor Soucy expressed that the Weirs area is losing its history by the removal of buildings such as this one. Councilor Hamel asked if the owners are local or out of State residents. Director Trefethen explained the people he has been dealing with are in-state residents. The family also owns property adjacent to this property as well as a few other properties in the direct area. He explained they have plans for this particular property but nothing in writing. Councilor Hamel asked if this property would be used as a vendor space if there aren't any concrete plans to rebuild. Director Trefethen does not know the answer to that as he does not know if they truly do have plans. Mayor Hosmer is concerned with the sizeable investment that has been put into that area over the past couple of years. The idea of an empty lot does not add to the quality of the City and the Weirs Beach area. Councilor Soucy asked if anyone has heard from any members of the Weirs Action Committee. Director Trefethen stated a couple committee members have participated in the public portion of the Heritage Commission meetings expressing their displeasure with an issuance of a demolition permit. 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. Request to authorize the formation of a Weirs Community Park Committee and set up a Special Revenue Fund for said Committee Director Lovisek briefed the Council on this request. She stated they are looking to make the Weirs Community Park Association a committee under the City. This is the same thing that was done in 2004 to the Leavitt and Tardiff Park Associations. The idea would be to take the money that the Association currently has in their bank account and create a Special Revenue Fund under the City and gift that money to that account for the Weirs Community Park Committee. This money would be used for the maintenance and upkeep of the Weirs Community Park house, special event programming, and any capital improvements. Director Lovisek briefed the Council on this request. She stated they are looking to make the Weirs Community Park Association a committee under the City. This is the same thing that was done in 2004 to the Leavitt and Tardiff Park Associations. The idea would be to take the money that the Association currently has in their bank account and create a Special Revenue Fund under the City and gift that money to that account for the Weirs Community Park Committee. This money would be used for the maintenance and upkeep of the Weirs Community Park house, special event programming, and any capital improvements. Mayor Hosmer asked how the association made money right now. Director Lovisek stated through fundraising, park rentals, and parking lot fees. The Association would be gifting approximately $47,000. Councilor Hamel thinks this group has been an outstanding group for the community and they have spent a lot of money at the park and contributed half of the money for the walkway. Councilor Lipman asked how the allocation of funds would be different if this was approved. Director Lovisek explained right now they decide how all monies are spent and if this was improved they would be under the City umbrella as to how the money is spent. City Manager Myers also explained that right now they file with the Secretary of State Office as a non-profit. With this passing they would be required to establish by-laws like the other park house committees have so they would have common fiduciary duties. The true oversight would fall under the Parks Commission. Councilor Lipman would like to know if they are in good standing with the Secretary of State's Office. City Manager Myers will look into that. Councilor Felch is the President for the Leavitt Park Committee and he states the system and checks and balances works great and encourages this to pass. Councilor Hamel was on the Parks Commission in the late 80's and he said this is a much better system and doesn't remember there being any problems when the Leavitt and Tardiff Parks converted over. Councilor Felch moved to authorize the establishment of the Weirs Community Park House Committee as proposed, seconded by Councilor Cheney; Councilor Lipman would like to add "subject to the City Manager not finding any technical issues." Mayor Hosmer asked if that would apply to all the motions? Councilor Lipman answered yes. 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. Councilor Hamel YES Councilor Felch YES; the motion passed with all in favor. Councilor Cheney moved to waive a reading of Resolution 2021-01 in its entirety and to read by title only, seconded by Councilor Felch; 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 first reading of Resolution 2021-01, relative to the establishment of a Weirs Community Park House Special Revenue Fund pending no technical issues found by the City Manager, 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. Councilor Felch moved to schedule a public hearing on January 25, 2021 during the regular Council meeting to gather public input prior to adoption, 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;  Councilor Haynes YES Councilor Hamel YES Councilor Felch YES; the motion passed with all in favor. 21.D. Discussion of City Manager's Compensation Mayor Hosmer explained this is the annual review and discussion of the City Manager's performance, review, and compensation. Mayor Hosmer sat down with each Councilor and with the City Manager himself. Mayor Hosmer explained some of the words used to described City Manager Scott Myers by the Councilors were: knowledgeable, always willing to help, well-versed in the RSA's and Ordinances, and dependable. The Mayor is not surprised to hear those types of words when speaking of the City Manager. The Mayor said when he has mentioned Scott Myers name throughout the State people either know him or have heard of him. He is very approachable and always within reach. The Mayor explained that after going through what everyone has gone through this past year with the pandemic, the teams that work under the City Manager have gone through a tremendous amount of stress and they are truly outstanding and adaptive and nimble. The Mayor stated the leader of the City, (City Manager) sets the tone and the way his teams have handled everything reflects directly under his management. There are always ways to improve and change and the Mayor and Council look forward to continue working with City Manager Scott Myers. Mayor Hosmer looked through the City Manager's contracts since he began employment with the City in 2011 and the Mayor thinks the City gets a lot of value for their dollar. Mayor Hosmer explained that after a discussion with the City Manager was had today, that this years budget will be a limited one. The City Manager does not see any reason for his pay increase to be any different than the consumer price index which is used for the budget process, which is 1.2%. Therefore Mayor Hosmer recommends a pay increase of 1.2%, plus an increase to the City's portion of his retirement plan of an additional 1%, going from 13% to 14%. Mayor Hosmer also recognized that the past year was not the year to use leave time. Having said that the Mayor would like to allow the City Manager to use his discretion as to how much leave time he can carry over from last year to this year. Councilor Hamel echoes everything that the Mayor just stated. He agrees with the raise and does not have a problem with the pension percentage. Councilor Soucy moved to approve the City Manager's pay increase of 1.2%, plus an additional 1% increase to the City's contribution to his retirement plan of 1% and to allow a carry over of earned leave time, seconded by Councilor Haynes; Mayor Hosmer asked the City Manager to keep the Mayor and Council informed on how the leave time carryover is formed. Councilor Lipman suggests coordinating the time with Human Resources. City Manager Myers stated he will get something in writing with Paula and present it to the Mayor for him to sign off on. Mayor Hosmer called the question: 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. City Manager Myers thanked the Council and Mayors and appreciates their working relationship and looks forward to working with them in the coming years. 22. UNFINISHED BUSINESS 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 Mayor Hosmer noted for the record that once this meeting is adjourned the Council will be in a non-meeting for the sole purpose of strategising on the collective bargaining agreement. 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 CITY COUNCIL ON JANUARY 25, 2021