City Council

Minutes were approved on 12/27/22. CITY OF LACONIA - CITY COUNCIL MEETING 7:00 P.M. 12/12/2022 - Minutes 1. CALL TO ORDER Pro Tem Mayor Haynes called the meeting to order at 7:00 PM 2. SALUTE TO THE FLAG Councilor Lipman led the salute to the flag 3. RECORDING SECRETARY Katie Gargano, City Clerk 4. ROLL CALL City Clerk Gargano called the roll of the City Council: Councilor Cheney, Councilor Soucy via zoom, Councilor Lipman, Councilor Haynes, Councilor Felch. Pro Tem Mayor Haynes stated that 5 members of the Council were present, and a quorum was established. Pro Tem Mayor Haynes asked Councilor Soucy why he was not in attendance in person tonight and who was in the room with him. Councilor Soucy stated that he was away on business out of state and that he was in the room alone, because Councilor Soucy is participating via zoom, all votes must be done by roll call vote. 5. STAFF IN ATTENDANCE Kirk Beattie, City Manager; Glenn Smith, Finance Director 6. COUNCIL PROCLAMATION 7. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 7.A. Regular City Council meeting minutes of November 28, 2022 Minutes of the regular City Council meeting of November 28, 2022, were distributed to the City Council on December 6, 2022. With 3 corrections to items 21A., 21B., and 21C. submitted to the Clerk correcting the vote counts from 4-0 to 4-1 on all 3 items, the minutes were accepted as amended. 8. CONSENT & ACTION ITEMS 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Gretchen from the Taylor Community would like to update the Council and the public about some upcoming concerts that are going to be on campus this week, Edgewater Dance, New Horizon’s, LMS Band and the Rockin’ Daddios’ and the Taylor Tunes Group. Pat Wood thanked the city for the involvement on the Christmas lights in the parks and around the city.  Gretchen from the Taylor Community would like to update the Council and the public about some upcoming concerts that are going to be on campus this week, Edgewater Dance, New Horizon’s, LMS Band and the Rockin’ Daddios’ and the Taylor Tunes Group. Pat Wood thanked the city for the involvement on the Christmas lights in the parks and around the city. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 14. PRESENTATIONS 15. MAYOR'S REPORT Pro Tem Mayor Haynes wanted to echo what Pat Wood stated, he really appreciates all that the city has done to make the city glow. He also wished everyone a Merry Christmas, Happy Hanukkah, and a Happy Kwanza. If anyone has any friends or family who are serving our country and will be missed by the holidays, please know that they are in our thoughts. 16. COUNCIL COMMENTS Councilor Felch acknowledged the Greater Lakes Region Children’s Auction; they raised over $625,000 this year. Councilor Cheney acknowledged Councilor Hamel and Charlie St. Clair. Councilor Lipman spoke on behalf of residents he has heard from who got their tax bills and are concerned about their evaluations. He strongly encourages them to make an appointment with our Assessing department. He wants to make sure that people are aware this budget was a tax cap compliant budget. Councilor Cheney and he took the time to look at several tax cards and the comparables with the Assessing Department and found it very helpful. Councilor Lipman stated that the abatement requests can be made up until March 1, 2023. He encourages residents to view the information on the City’s website as well. Councilor Cheney said he fully supported what Councilor Lipman stated and stressed that residents must reach out to the Assessing Department. 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.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.C.viii. Short Term Rentals 17.C.ix. Naming privilege's to public areas 17.D. LAND & BUILDINGS (Hamel (Chair), Haynes, Felch) 17.D.i. Downtown parking garage 17.D.ii. Repair & maintenance of City buildings 17.D.iii. Plan for the DPW Compound 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 17.F. APPOINTMENTS (Councilors Soucy (Chair), Cheney and Haynes) Councilor Soucy announced that there will be an Appointment’s Sub Committee meeting at 6PM on December 27, 2022. 18. LIAISON REPORTS 19. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS None 20. CITY MANAGER'S REPORT Manager Beattie began by mentioning the need to schedule a government operations and ordinances subcommittee meeting in January to begin the discussions about amending the ordinance regarding burned out properties. 20.A. Financial and Operational Trends Report Manager Beattie presented the Financial and Operational Trends Report to the City Council. He noted that Building Permits are right where we were last year, Fire Calls are the same as normal, Public Assistance is down but there are programs that are expiring at the end of the year, Police is normal, Property tax Collection is slightly below compared to last year because the bills were mailed out about a week later, MV Revenue is still up, Overtime rates are normal, Parks and Rec requests are down a little bit, impact fees was questioned on if everyone was using the funds in the 7 years period. Manager Beattie checked and everyone has been using them. Boat taxes are normal so far for this year- typically spring is the heavy collection time. Storm numbers are listed on the report as the season is just starting.  Public Assistance is down but there are programs that are expiring at the end of the year, Police is normal, Property tax Collection is slightly below compared to last year because the bills were mailed out about a week later, MV Revenue is still up, Overtime rates are normal, Parks and Rec requests are down a little bit, impact fees was questioned on if everyone was using the funds in the 7 years period. Manager Beattie checked and everyone has been using them. Boat taxes are normal so far for this year- typically spring is the heavy collection time. Storm numbers are listed on the report as the season is just starting. Councilor Cheney asked the Manager to add a column to the report about the number of code enforcement complaints being addressed, and to include categories. 21. NEW BUSINESS 21.A. Request to increase Sanitary Sewer Rates beginning February 1, 2023 The City Council approved the last series of sewer rate increases in 2019. Public Works requested 9.5% per year for three years. The Council approved 9.5% for the first year and 3.5% for the following two years. The last of the three rate increases was in February of 2021. Public Works and its consultant, Underwood Engineers, reviewed the sanitary sewer funds’ (SSF) sewer rate model this year to determine what rate adjustments need to be made so that fund’s revenue will cover expenses. The fund’s revenue and budget are impacted by the following: · The sanitary sewer rate is based on both a fixed unit fee and a water consumption fee. Laconia Water Works’ sale of water over the last 10 years has reduced by an average of 1.5% per year, thus reducing the sewer fund’s annual revenue. · Inflation, particularly the increase in the cost of electricity, supplies, and the cost of design and construction services. · The Winnipesaukee River Basin Program’s (WRBP) budget increase programmed for FY2024. The City’s payments to the Program represent 55% of the sanitary sewer fund’s budget. The WRBP is increasing its fees by 26% in FY 2024. The City’s share of this fee increase is approximately $707,000. WRBP’s budget increase is due to the impact of inflation, the increase in the cost of electricity and chemicals used in the treatment process, the cost of disposing of sludge, and the age/condition of the equipment in WRBP’s system which results in the Program having to replace versus repair equipment over the next several years. · A $322,000 increase in Laconia’s debt service payments to the WRBP in FY 2026. This increase is due to the significant projects necessary to maintain a 40- year-old sewage treatment system. Every $100,00 increase in expenses represents approximately 2% of the sanitary sewer system’s budget. Thus, WRBP’s FY 2024 proposed rate increase represents a 14% increase in the City’s sanitary sewer fund budget. Additionally, Public Works was requested to determine the cost of the sanitary sewer fund managing and funding the cleaning and inspection of private sewer systems in the City. Private sewer systems must also meet the City’s EPA sewage system permit. There are approximately 100 private sewer collection systems in the city. Public Works analyzed the cost of cleaning and inspecting these systems assuming that 20% of the private sewer systems every year are inspected every year, resulting in completing the inspection of private sewer systems every 5 years. Public Works analyzed the first-year annual cost of the City performing the inspections and the average cost per property owner of the Associations performing their inspections. The results follow: · The cost for the city to manage and perform the program is $134,000 per year. The sanitary sewer fund would be responsible for $115,000 of this cost and $19,000 would be the responsibility of the general fund. This estimate includes the cost of a new employee to manage this program. This program, if adopted, represents a 2.3% increase in the sanitary sewer fund’s budget. · If the Associations manage and fund the program themselves, the average annual cost to an Association’s property owner is $21/year. This estimate was based on the total length of the private sewer systems and the number of properties supported by these systems. The following chart  fund would be responsible for $115,000 of this cost and $19,000 would be the responsibility of the general fund. This estimate includes the cost of a new employee to manage this program. This program, if adopted, represents a 2.3% increase in the sanitary sewer fund’s budget. · If the Associations manage and fund the program themselves, the average annual cost to an Association’s property owner is $21/year. This estimate was based on the total length of the private sewer systems and the number of properties supported by these systems. The following chart summarizes the projected costs increases not including inflation over the next three fiscal years. There is chart attached to the agenda that includes the cost of the SSF managing and conducting the cleaning and inspecting program for private sewers. Public Works and the consultant also reviewed the cost of operating and maintaining the City’s system, and the capital improvement projects necessary for the City to meet the terms of the EPA’s permit for the City’s sanitary sewer system. This review determined the rate increases necessary to provide the revenue to support the City’s sewer system. The proposed sewer rate increases are attached to the agenda. The projected sewer rate increases for the years after FY2025 will be reviewed by Public Works and its consultant to determine if any changes are necessary to fund the system. The Council’s consensus is for the Public Works Director to find an alternative way of funding this project. The Finance Sub Committee would like to work with the DPW Director, City Manager and Finance Director on this subject. Underwood engineers presented a presentation to the City Council on the Sewer Rate Study for the City of Laconia. He stated that this presentation is putting the increases completely on the rate payer. He said that there are other ways of funding that can be looked into. Councilor Lipman made a motion to table seconded by Councilor Cheney. Discussion: The Council directed the City Manager to set up a meeting with the Finance Committee to begin working on this as soon as possible. By Roll Call Vote: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Yes Councilor Hamel: ABS Councilor Felch: Yes The item was Tabled. 21.B. Ordinance 2022-161-25 (01) - Amending Chapter 161 - Alcoholic Beverages At their June 27, 2022, meeting the City Council approved an Ordinance adding a new section to Chapter 161 of the City’s Code. The Ordinance allowed “…the sale of alcohol until 2:00 am according to State law, on Fridays, Saturdays and during Motorcycle Week through January 1, 2023, or until such time that the licensee violates State law and/or Liquor Enforcement rules or regulations.” The timeframe of January 1, 2023 was included to allow the extension of sale of alcohol until 2:00 am to be in effect on a trial basis. Information obtained from Laconia Police Department shows that there have not been any issues related to the extension of time for the sale of alcohol since the Ordinance was approved. A revised Ordinance, omitting the language that would limit extended sales until January 1, 2023, is attached for the Council’s consideration. Under State law, RSA 179:17, the Liquor Commission sets hours for alcohol sales as between 6:00 am and 1:00 am, 7 days a week. A licensee may sell alcohol until 2:00 am if the local legislative body (the City Council) adopts an Ordinance authorizing such sales. Councilor Lipman made a motion to waive a reading of this Ordinance in its entirety and to read by title only. Seconded by Councilor Cheney. Discussion: Councilor Lipman said that this is part of a trial period to see what happens on New years Eve. By Roll Call Vote: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes  title only. Seconded by Councilor Cheney. Discussion: Councilor Lipman said that this is part of a trial period to see what happens on New years Eve. By Roll Call Vote: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Yes Councilor Hamel: ABS Councilor Felch: Yes The motion passed with all in favor. Councilor Flech made a motion to move a first reading of Ordinance 2022–161-25 (01). Seconded by Councilor Cheney. Discussion: None By Roll Call Vote: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Yes Councilor Hamel: ABS Councilor Felch: Yes The motion passed with all in favor. Councilor Felch made a motion to schedule a Public Hearing for Ordinance 2022-161-25 (01) for January 9, 2023, during the regular City Council meeting to gather input prior to any action being taken. Seconded by Councilor Lipman. Discussion: None. By Roll Call Vote: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Yes Councilor Hamel: ABS Councilor Felch: Yes The motion passed with all in favor. 21.C. Request to appoint a City Council representative to the 2022 Debra Bieniarz Award Committee The City Council annually presents the Debra Bieniarz Award to a member of the community for their work with the youth of the Lakes Region. The award will be presented at an upcoming Council meeting. Nominations are currently being sought for someone who has demonstrated a standard of excellence in their dedication to the children in our community. The Bieniarz Award committee consists of three members: one representative each from the City Council, the Police Department and the School Board. The Committee meets once after all nominations have been received to choose the winner. Councilor Haynes made a motion to appoint Councilor Cheney as the City Council’s representative to the 2022 Debra Bieniarz Award Committee. Seconded by Councilor Lipman. Discussion: None. By Roll Call Vote: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Yes Councilor Hamel: ABS Councilor Felch: Yes The motion passed with all in favor. 22. UNFINISHED BUSINESS 22.A. Continued discussion regarding the downtown parking garage  The motion passed with all in favor. 22. UNFINISHED BUSINESS 22.A. Continued discussion regarding the downtown parking garage During discussion regarding the downtown parking garage at the City Council’s November 28, 2022, meeting, it was the consensus of the Council to instruct the City Manager to put out a request for expressions of interest with regard to the parking garage. City Manager Beattie worked on drafting a document for an expression of interest. It is about 80 % complete. All of the easements and deeding information has already been explored, they are still working with legal counsel on what a sale would look like. He hopes to have it to the City Council by the next meeting. Councilor Lipman asked about the business on the first floor being in agreement with the owner on the 1 st floor. Councilor Felch wants to make sure this process goes as fast as possible. 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 Councilor Cheney expressed his frustration with the State regarding the sale of the State School Property. He said he went to all of the Lakes region development committee meetings. The City Council was never consulted on this sale, and he has heard from several people. He wants the public to know that they cannot stop the sale of this property. Councilor Felch thanked the City Manager and Parks and Rec. for getting lights on the Christmas lights on the tree in Lakeport. 25. NON-PUBLIC SESSION (According to RSA 91-A:3, II) 26. ADJOURNMENT Pro Tem Mayor Haynes adjourned the meeting at 8:12 PM Respectfully submitted, Katie Gargano, City Clerk Respectfully submitted, Katie Gargano, City Clerk