City Council

Minutes were approved on August 25, 2023, by the Government Operations & Ordinance Subcommittee. CITY OF LACONIA - CITY COUNCIL SUBCOMMITTEE MEETING Government Operations & Ordinances 6:00 P.M. 6/19/2023 - Minutes 1. CALL TO ORDER Chairman Soucy called the meeting to order at 6:00 PM 2. SALUTE TO THE FLAG Chairman Soucy led the salute to the flag 3. RECORDING SECRETARY Katie Gargano, City Clerk 4. ROLL CALL City Clerk Gargano called the roll of the following committee members: Councilor Cheney, Councilor Soucy, Councilor Felch. Councilor Haynes was also present and was invited to sit at the table with the committee. 5. STAFF IN ATTENDANCE Kirk Beattie, City Manager 6. GOVERNMENT OPERATIONS & ORDINANCES (Soucy (Chair), Felch, Cheney) 6.A. Discussion on City Flag Policy Chairman Soucy thanked Councilor Felch for sharing a flag flying guideline. Councilor Soucy spoke about his recent travels in Georgia, Alabama, Texas, Massachusetts and New Hampshire. Councilor Felch said one of his friends went to Maine and they saw several pride flags bring flown in Ogunquit and a neighboring town. Councilor Soucy said that he agreed with some of the points that Councilor Lipman made at a previous city council meeting. Laconia citizens have the right to fly whatever flag would like on their own property. His concern is it looking like an endorsement if flown on City property and he doesn’t want to have any divisiveness. Patrick Wood spoke to the committee about a court case in Boston, Massachusetts. In front of that city hall there was a gathering place with three flag poles. One flag was the American flag, the other was Commonwealth flag and the third pole was available to other groups to fly a flag in conjunction with an event. This event would only last one day. However, the problem with this case is that there was no policy. Someone stepped forward with a flag claiming it to be the Christian flag. When it was presented to those in charge, they said they cannot allow it to be flown because of the church and state separation. This case went up to the supreme court. It was decided that because they had no policy, and it is a private flag, where other private flags have been flown before, they were not able to tell this person no. So they adopted a policy. He thinks it’s important to make sure there is a distinction that whatever is flown on municipal flag poles is not the council as individuals making a decision, it’s representing the City as a whole. He also things the policy should be inclusive of ALL  was no policy. Someone stepped forward with a flag claiming it to be the Christian flag. When it was presented to those in charge, they said they cannot allow it to be flown because of the church and state separation. This case went up to the supreme court. It was decided that because they had no policy, and it is a private flag, where other private flags have been flown before, they were not able to tell this person no. So they adopted a policy. He thinks it’s important to make sure there is a distinction that whatever is flown on municipal flag poles is not the council as individuals making a decision, it’s representing the City as a whole. He also things the policy should be inclusive of ALL city flag poles not just the one in front of city hall and in Veteran’s Square. Councilor Cheney brought back up that this still could create divisiveness and he doesn’t want to see it as a statement and it makes him worried. Councilor Soucy agreed that it could look like government endorsement and only wants to see the American, State, City of Laconia and POW flags flown on municipal flag poles. Councilor Felch asked “What if Pleasant Street School wanted to put up a flag for the PTO?”. Councilor Cheney said that is where his problem is, if they start picking away at what can be flown or not. He mentioned that he has received some phone calls that have made him nervous. He is leaning toward seeing government authorized flags on government buildings, and citizens can fly what flags they would like on their property. He doesn’t want it to look like the city is in favor of anything. Councilor Soucy said he had a conversation with a constituent that agreed with Councilor Cheney’s comments. Councilor Felch referred to when the City flew a flag in support of nurses and said that with this policy they would be completely ruling out the support that was given to those nurses during COVID. Yes was said by another member of the committee. There was also conversation of having a private flag pole. Sections 2 and 7 of the policy have unintended consequences and that it needs a lot more work. City Manager Beattie reminded the committee that the lawyers made this up not to be an ordinance but talking points to build an ordinance off of. It was never intended to be voted on 100% as is. The plan is review and make it clear and thorough of what can be flown on City poles and adding a designated place where people could hold demonstrations and fly their flag for one day only during their event. Councilor Haynes mentioned that he had done some research and what appeared in the newspaper. He feels that what Councilor Lipman stated came to fruition. He doesn’t do social media but his wife said that there were more comments about the flags than there were about the garbage cans. He stressed to the committee that he really feels this is a topic to make sure that they cross their I’s and dot their T’s. Councilor Felch said that he’d like to see the City purchase some city flags, for them to be flown and available for purchase to the public. Another thing he’d like to see is a POW flag at Veteran’s Square, where the veteran’s memorial is. He also read that other flags can be the same size as the American flag but not any bigger than the American flag and it does have to fly below it. The Human relations committee is meeting in July and then the committee will meet again to discuss the feedback from the human relations committee. Then this committee will report back to the full council and then another meeting will be scheduled once they hear from Pat. 6.B. Discussion on Short Term Rentals Manager Beattie went over the proposed short-term rentals suggestions he has made. The code, planning and fire department will have a working session with legal to solidify their procedures in house. There are a large number of short-term rentals in Laconia with very few complaints. The previous planning board director was asked to review the ordinance to see where adjustments could be made and Manager Beattie took that on. Some of them have gone through legal for advice but not all of it. These changes are suggestions based on challenges they have seeing along with questions that have been raised. Short-term lodging has been defined. The states definition of a house being a primary residence is being used. An affidavit to be signed by the property owner is also added stating they’re residence is their primary place of residence per the state RSA. Councilor Felch asked to have the legal team review the short term lodging definition because there are some landlords that rent month to month where there is no lease. Multifamily homes, prohibited zones and seasonal homes also were mentioned. Section F is new and will need discussion, because there was discussion of renting out a multifamily home having all of its units being rented out or all but one, should this be allowed. Councilor Felch believes that short term rentals are taking away from hotels and taking away income that the state gets from the hotels. There is no rooms and meals tax on short term rentals. Section 2 would require local information to someone that can be contacted in case of an emergency to be provided to planning and fire and  Multifamily homes, prohibited zones and seasonal homes also were mentioned. Section F is new and will need discussion, because there was discussion of renting out a multifamily home having all of its units being rented out or all but one, should this be allowed. Councilor Felch believes that short term rentals are taking away from hotels and taking away income that the state gets from the hotels. There is no rooms and meals tax on short term rentals. Section 2 would require local information to someone that can be contacted in case of an emergency to be provided to planning and fire and police. Councilor Cheney would like to see a notice to abutters to be added so they can be notified of a new short term rental when applications are made. Manager Beattie will find out when and how abutters are officially notified. Councilor’s Soucy and Felch want to make sure the grandfather clause is clear as well. Section 6 talks about fines for those not in compliance, this section has not been shown to legal yet. Manager Beattie reminded the committee that the goal is to speed up the process through the courts and have the fines to deter those from not being compliant with the ordinance. It’s to correct those locations who have been told they cannot do this but are doing it anyway. Patrick Wood spoke to the committee to ask a question. The state law distinguishes between motels, hotels and rentals. If there is a disturbance the police can come in and take care of it immediately without having to go through the court process when talking about motels and hotels. He is not sure if this can be applied to short term rentals in this ordinance or not and he recommends asking the city attorney if this can happen. Last page on special exceptions referring to if it brings the greater good to the community. The concern raised is that it is very vague and how can it be defined so Manager Beattie removed that language. Manager thinks they are getting closer and will continue to work on this ordinance. Councilor Soucy asked if they are able to put a lien on a property for a civil penalty. The answer is believed to be no, but it will be double checked. It was brought up to add a provision to notify the mortgage holder. 7. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS 8. Any other business that may come before the Council Councilor Cheney asked the City Manager about the status of the hazardous building’s ordinance. It is very close and will soon be brought to the committee. Councilor Felch asked about the status of the Country Club property. It is in the mortgage holders’ hands right now. It is going to public auction in the next couple of weeks. Councilor Cheney asked about an update on the naming of public buildings/areas. It will be coming forward to the lands and building committee then government ordinances and operations then the full council. 9. ADJOURNMENT Chairman Soucy adjourned the meeting at 7:15 PM. Respectfully submitted, Katie Gargano, City Clerk