City Council

CITY OF LACONIA - CITY COUNCIL MEETING July 26, 2021 7:00 P.M. 7/26/2021 - Minutes 1. CALL TO ORDER Mayor Hosmer called the meeting to order at the above date and time. 2. SALUTE TO THE FLAG Councilor Soucy lead the Salute to the Flag. 3. RECORDING SECRETARY Cheryl Hebert, City Clerk 4. ROLL CALL City Clerk Hebert took a roll call vote with the following Councilors in attendance: Bruce Cheney, Bob Soucy, Henry Lipman, Mark Haynes, Bob Hamel, and Tony Felch. Mayor Hosmer noted that all six Councilors 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 July 12, 2021 Minutes of the meeting were distributed to the City Council on Tuesday, July 13, 2021. With no corrections or changes to the Clerk, the minutes will be accepted as distributed. 8. CONSENT & ACTION ITEMS 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Marie Bradley, Charles Bradley, Mary Smith (Lafayette Street residents) - Mrs. Bradley read a prepared statement and a petition. One was submitted into the record. Two pictures were sent around for the Council to review. Charles Bradley (Lafayette Street) - Mr. Bradley also spoke of the condition of the sub lawns and the poor condition they are in. He stated the residents of Lafayette Street are being treated like dirt. Mr. Bradley expressed his opinion that the Public Works Director should be disciplined, if not fired. Mr. Bradley read some of the comments from the document that Marie Bradley submitted. Lynn O'Connor from the O'Connor Group - Ms. O'Connor is representing a Laconia resident from 59 Woodland Avenue, Verner Fitts. Mr. Fitts is trying to sell his property and has not had any luck because of the city owned parcel adjacent to his. Ms. O'Connor submitted pictures and an email into the record that  expressed his opinion that the Public Works Director should be disciplined, if not fired. Mr. Bradley read some of the comments from the document that Marie Bradley submitted. Lynn O'Connor from the O'Connor Group - Ms. O'Connor is representing a Laconia resident from 59 Woodland Avenue, Verner Fitts. Mr. Fitts is trying to sell his property and has not had any luck because of the city owned parcel adjacent to his. Ms. O'Connor submitted pictures and an email into the record that shows what the city-owned property looks like. She explained that the embankment adjacent to his lot is starting to crumble and is a major concern to potential buyers. Michael Emond, Woodland Ave - Spoke of the lot that the City owns MAP/LOT 408/247/18. Mr. Emond has been helping his neighbor try to sell his property. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 11.A. Deborah Williams - Seeking reappointment to a regular member position on the Conservation Commission for a three-year term expiring at the end of August 2024 Councilor Felch moved to reappoint Deborah Williams to a regular member position of the Conservation Commission for a three-year term expiring at the end of August, 2024, seconded by Councilor Haynes; the motion passed with all in favor. 11.B. Roland Maheu - Seeking reappointment to a regular member position on the Zoning Board of Adjustment for a three-year term expiring at the end of August 2024 Councilor Soucy moved to reappoint Roland Maheu to a regular member position on the Zoning Board of Adjustment for a three-year term expiring at the end of August, 2024, seconded by Councilor Cheney; the motion passed with all in favor. 11.C. Appointment to the Lakes Region Planning Commission, Transportation Technical Advisory Committee Councilor Cheney moved to appoint Rob Mora, Assistant Planning Director, as an alternate Commissioner on the Lakes Region Planning Commission, Transportation Technical Advisory Committee, for a term expiring at the end of June, 2023, seconded by Councilor Haynes; the motion passed with all in favor. 11.D. Reappointment of Krista Larsen as a Commissioner on the Lakes Region Planning Commission for the Transportation Advisory Committee Councilor Felch moved to reappoint Krista Larsen, Assistant Director of Public Works, as a Commissioner on the Lakes Region Planning Commission, Transportation Technical Advisory Committee, for a term expiring at the end of June, 2023, seconded by Councilor Cheney; the motion passed with all in favor. 12. COMMUNICATIONS 13. PUBLIC HEARINGS 14. PRESENTATIONS 15. MAYOR'S REPORT Mayor Hosmer stated a number of constituents have been reaching out to the Mayor and Council regarding some roads and parks. Mayor Hosmer thanked Director Anderson from Public Works, Director Amy Lovisek from Parks, and City Manager Myers for their effort into trying to rectify some of these situations. Mayor Hosmer would like all of us to be a little bit more proactive when addressing concerns from our residents. Going forward there should be some conversations about our Council Committee's.  Mayor Hosmer stated a number of constituents have been reaching out to the Mayor and Council regarding some roads and parks. Mayor Hosmer thanked Director Anderson from Public Works, Director Amy Lovisek from Parks, and City Manager Myers for their effort into trying to rectify some of these situations. Mayor Hosmer would like all of us to be a little bit more proactive when addressing concerns from our residents. Going forward there should be some conversations about our Council Committee's. Mayor Hosmer also spoke of the State School Property. Mayor Hosmer thinks that property could transform the City of Laconia. He stated there are two groups in parallel paths that could end up in different locations. (Lakes Shore Redevelopment Council and the Governor and the Executive Council). Mayor Hosmer would like to think that whatever happens to that property is best for the City of Laconia. 16. COUNCIL COMMENTS Councilor Cheney would like to ask the Governor's Council to join us at some point. Councilor Cheney would like to ask the Parks and Recreation Department if they could provide us with some statutes that pertain to our lakes. Councilor Cheney is also concerned with Opechee Park. He stated the trees are growing so much that it is blocking the view of the lake. Mayor Hosmer suggested maybe we could add this to the next Council agenda. Councilor Hamel spoke of the sub lawns on Lafayette Street and he agrees with what the Bradley's spoke of tonight regarding the way that street was left. Councilor Hamel also said Girard Street is in the same condition. Councilor Hamel asked when the sidewalk and the trailer will be removed on Canal Street. City Manager Myers explained there are two trailers there. The one on the street will remain there for a little bit longer, but the sidewalk will be taken care of before Thursday night. Councilor Hamel would like to make the State aware that parking is needed on that property by the Robbie Mills Field. Without that field, it will hard for people to attend those games. Councilor Cheney also spoke of the piece of property that the City owns across the street from the State School property on Route 106. He suggested maybe that could be used as a bargaining chip with the property across from Robbie Mills. Councilor Hamel would like to know what the City will be doing at Lafayette Street. City Manager Myers stated in the beginning the residents were complaining that people were parking on the sub lawns, so the City put up rope to prevent that. Then there was a drought and we encouraged people to water them. Councilor Hamel encourages that the City take another look at Lafayette and Girard Streets. He also mentioned a manhole in front of 80 Lafayette Street. Director Anderson is aware of the issue. Councilor Soucy asked if whoever purchases the State School Property, will be required to still go before all of the City Boards for any permits and such. City Manager Myers explained they would still have to follow all of the City Ordinances and Zoning Regulations. Councilor Soucy also asked if the City would have a right of refusal? City Manager Myers posed the question, does the City has the millions of dollars that it would cost to clean up the State School Property? Councilor Lipman would like to see, procedurally if it would be good to see what a normal acquisition would be compared to HB2. We need to understand where we can have influence and where we can't and not wait until the last minute. Councilor Lipman doesn't want to wait until it comes to the Council table but making sure we are heard as soon as possible. Mayor Hosmer wonders if a letter should be drafted and sent to Councilor Kenney. Councilor Haynes would like to know if we need to look at our policy on sub lawns. This seems to be a  until the last minute. Councilor Lipman doesn't want to wait until it comes to the Council table but making sure we are heard as soon as possible. Mayor Hosmer wonders if a letter should be drafted and sent to Councilor Kenney. Councilor Haynes would like to know if we need to look at our policy on sub lawns. This seems to be a problem when we do construction projects. Councilor Hamel also thinks it should be known that whatever properties go on the State School Property they should be taxable properties. Councilor Cheney spoke of the expenses that come with the State School Property and it would be very expensive to clean up that property. Councilor Lipman said the best sub lawn could have been planted and between the drought and then the over abundance of rain, it could have washed out all of the seeding. He suggested to simplify the process and reseed it and get it back to where it was before construction, if not better. Councilor Hamel has been opposed to sub lawns for many years now. 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.C.vii. Use of public property by for-profit entities 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.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 17.E.ii. Discussion for converting from a manual to an automated solid waste curbside collection service 18. LIAISON REPORTS Councilor Hamel would like to have Director Anderson speak to the Council at the August 9th Council Meeting under presentations for an update on the Downtown Parking Garage. Councilor Lipman asked for an update on the Historic Overlay District. Mayor Hosmer thinks the language needs to be defined. Councilor Hamel asked when there will be updates regarding the Air BnB situations. City Manager Myers stated that Director Trefethen was scheduled for the August 9th Council meeting to update the Council, therefore the agenda will be very full that evening. Discussion was had if both the parking garage and Air BnB items need to be discussed on August 9th. Mayor Hosmer would like to see if Director Trefethen can present Air Bnb at the second meeting in August. City Manager Myers will check with Director Trefethen to be sure that date will work for him. City Manager Myers explained that Director Trefethen is looking at some of the language for the Historic Overlay District and work with the committee as well as with some of the people that spoke up during the meeting and to try to clean up the language and identify the vague language. A collaborative effort is in the works. Mayor Hosmer is happy to be a part of that. Councilor Cheney stated his major concern with the HOD is when you read the statutory language, it is referred to in our Ordinance, they have a right to hire staff, apply for grants, etc. He is not opposed to this but everyone needs to be aware there are things in there that not everyone may not be aware of. 19. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS 20. CITY MANAGER'S REPORT 20.A. Project Updates Report City Manager Myers reviewed the report. 20.B. Monthly Economic Development Report City Manager Myers reviewed the report. 21. NEW BUSINESS 21.A. Allocation of funds from the Non-Capital Reserve Account City Manager Myers briefed the Council on this item. 1. Deck and membrane repairs on Messer Street Bridge $80,000 2. Replace decking and mooring poles as needed at Weirs docks $62,000 3. Remove windrows and raise surfaces of gravel roads $20,000 4. Improve Weirs Boulevard storm water drainage $50,000  City Manager Myers briefed the Council on this item. 1. Deck and membrane repairs on Messer Street Bridge $80,000 2. Replace decking and mooring poles as needed at Weirs docks $62,000 3. Remove windrows and raise surfaces of gravel roads $20,000 4. Improve Weirs Boulevard storm water drainage $50,000 Councilor Lipman moved to authorize the allocation of funds from the Non-Capital Reserve Account as listed above, seconded by Councilor Cheney; the motion passed with all in favor. 21.B. Request to declare a portion of Rotary Park as surplus Mayor Hosmer moved this item to be before the City Manager's Report. Karen Prior, Executive Director of the Belknap Mill and Jared Guillmette, Architect from Misiaszek Turpin presented their request to expand the current footprint to the patio that is attached to the Powerhouse. They would like to expand the footprint to make the patio larger and to dedicate that patio to Rod Dyer. Mr. Dyer is a former Mayor, a Rotarian, and a valued member of the community. Rotary and the Parks and Recreation Commission are in 100% in support of this project. The timeline is to break ground with approval in October, then launch the fundraising campaign, and a grand opening in the Spring with a dedication to Rod Dyer. J. Guillmette shared the property line adjustments and some preliminary drawings. This would improve the public and private space. With this expansion, it improves the viewing of the shows and allows people holding functions at the mill more outdoor space. It is critical to enhance and maintain the foliage of the park. The approximate square footage of the expansion is 1,270 square feet. Councilor Lipman has no objection to what is being proposed. Should this be a sale or long term lease? Should the City maintain some control of that property in the long run? City Manager Myers explained that legal counsel stated the first step is to declare this property surplus to allow citizen input before moving forward with any other decisions. Beyond that, this is a friendly transaction, it could be a full blown property line adjustment, it could be leased, sold, or licensed. Councilor Hamel would like to know if this expansion would cut into the seating area for shows. J. Guillmette explained this would help with the seating and make for a better view. Councilor Soucy moved to schedule a public hearing on August 9, 2021, during the Regular City Council meeting regarding the declaration of a portion of Rotary Park as surplus, seconded by Councilor Lipman; Councilor Lipman wants to make sure the public is made aware the public hearing is to just declare this property as surplus, not a sale. City Manager Myers will work on the wording with the Clerk. Mayor Hosmer called the question. the motion passed with all in favor. 22. UNFINISHED BUSINESS 22.A. Second reading of Resolution 2021-08, relative to making itemized appropriations for the General Fund City Manager Myers explained there is no bottom line change to this Resolution. City Manager Myers also stated that the Council was sent a suggested amendment to Resolution 2021-09. There were two more grants added to the resolution which increased appropriations and revenues from $1,890,000 to $4,154,726. Councilor Cheney moved to waive a reading of this Resolution in its entirety and to read by title only, seconded by Councilor Soucy; the motion passed with all in favor.  City Manager Myers also stated that the Council was sent a suggested amendment to Resolution 2021-09. There were two more grants added to the resolution which increased appropriations and revenues from $1,890,000 to $4,154,726. Councilor Cheney moved to waive a reading of this Resolution in its entirety and to read by title only, seconded by Councilor Soucy; the motion passed with all in favor. Councilor Cheney moved a second reading of Resolution 2021-08, relative to making itemized appropriations for the General Fund for the Fiscal Year beginning July 1, 2021, and terminating June 30, 2022, seconded by Councilor Felch; the motion passed with all in favor. Councilor Cheney moved to approve Resolution 2021-08, relative to making itemized appropriations for the General Fund for the Fiscal Year beginning July 1, 2021, and terminating June 30, 2022, seconded by Councilor Felch; the motion passed with all in favor. 22.B. Second reading of Resolution 2021-09, relative to making itemized appropriations for anticipated grants Councilor Felch moved to amend Resolution 2021-09 to increase appropriations and revenues from $1,890,000 to $4,154,726 to allow for additional anticipated grants, seconded by Councilor Cheney; the motion passed with all in favor. Councilor moved to waive a 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 Felch moved a second reading of Resolution 2021-09, relative to making itemized appropriations for anticipated grants for the fiscal year beginning July 1, 2021 and terminating June 30, 2022 as amended, seconded by Councilor Cheney; the motion passed with all in favor. Councilor Soucy moved to approve Resolution 2021-09, relative to making itemized appropriations for anticipated grants for the Fiscal Year beginning July 1, 2021 and terminating June 30, 2022 as amended, seconded by Councilor Cheney; the motion passed with all in favor. 22.C. Second reading of Resolution 2021-10, relative to making itemized appropriations for City Enterprise Funds: Sanitary Sewer Fund and Water Works Fund Councilor Haynes moved to waive a reading of this Resolution in its entirety and to read by title only, seconded by Councilor Cheney; the motion passed with all in favor. Councilor Cheney moved a second reading of Resolution 2021-10, relative to making itemized appropriations for City Enterprise Funds: Sanitary Sewer Fund and Water Works Fund for the Fiscal Year beginning July 1, 2021 and terminating June 30, 2022, seconded by Councilor Felch; the motion passed with all in favor. Councilor Soucy moved to approve Resolution 2021-10, relative to making itemized appropriations for City Enterprise Funds: Sanitary Sewer Fund and Water Works Fund for the Fiscal Year beginning July 1, 2021 and terminating June 30, 2022, seconded by Councilor Hamel; the motion passed with all in favor. 22.D. Second reading of Resolution 2021-11, relative to making itemized appropriations for the Internal Services Fund 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 Felch moved a second reading of Resolution 2021-11, relative to making itemized appropriations for the Internal Services Fund for the Fiscal Year beginning July 1, 2021 and terminating June 30, 2022, seconded by Councilor Cheney; the motion passed with all in favor. Councilor Felch moved to approve Resolution 2021-11, relative to making itemized appropriations for the Internal Services Fund for the Fiscal Year beginning July 1, 2021 and terminating June 30, 2022, seconded by Councilor Haynes; the motion passed with all in favor.  appropriations for the Internal Services Fund for the Fiscal Year beginning July 1, 2021 and terminating June 30, 2022, seconded by Councilor Cheney; the motion passed with all in favor. Councilor Felch moved to approve Resolution 2021-11, relative to making itemized appropriations for the Internal Services Fund for the Fiscal Year beginning July 1, 2021 and terminating June 30, 2022, seconded by Councilor Haynes; the motion passed with all in favor. 22.E. Second reading of Resolution 2021-12, relative to making itemized appropriations for the following City Special Revenue Funds - Motorcycle Week Fund and Ambulance EMS Fund Councilor Cheney moved to waive a 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 Felch moved a second reading of Resolution 2021-12, relative to making itemized appropriations for the following City Special Revenue Funds - Motorcycle Week Fund and Ambulance EMS Fund, seconded by Councilor Cheney; the motion passed with all in favor. Councilor Soucy moved to approve Resolution 2021-12, relative to making itemized appropriations for the following City Special Revenue Funds - Motorcycle Week Fund and Ambulance EMS Fund for the Fiscal Year beginning July 1, 2021 and terminating June 30, 2022, seconded by Councilor Haynes; the motion passed with all in favor. 22.F. Second reading of Resolution 2021-13, relative to making itemized appropriations for the City's three Tax Increment Finance Districts - Downtown TIF, Lakeport TIF, and Weirs TIF Councilor Cheney moved to waive a 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 Hamel moved a second reading of Resolution 2021-13, relative to making itemized appropriations for the City's three Tax Increment Finance Districts - Downtown TIF, Lakeport TIF, and Weirs TIF, seconded by Councilor Felch; the motion passed with all in favor. Councilor Soucy moved to approve Resolution 2021-13, relative to making itemized appropriations for the City's three Tax Increment Finance Districts - Downtown TIF, Lakeport TIF, and Weirs TIF, seconded by Councilor Haynes; the motion passed with all in favor. 23. FUTURE AGENDA ITEMS 23.A. Master Plan 23.B. Milfoil Treatment funding requests 23.C. Sewer & Water Master Plan 23.D. Single Stream Recycling/Concord Co-op/Solid Waste disposal cost reductions 23.E. Strategic Planning/Goal Setting 23.F. WOW Trail 23.G. Weirs Beach Restoration Project 23.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 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 8:32 pm. Respectfully submitted, Cheryl Hebert, City Clerk MINUTES OF THIS MEETING WERE APPROVED BY COUNCIL ON AUGUST 9, 2021.