City Council

Minutes were approved by the City Council on September 25, 2023. CITY OF LACONIA - CITY COUNCIL MEETING 7:00 P.M. City Hall - Armand A. Bolduc City Council Chamber 9/11/2023 - Minutes 1. CALL TO ORDER Mayor Hosmer called the meeting to order at 7:11 PM 2. SALUTE TO THE FLAG Chief Joubert led the salute to the flag. 3. RECORDING SECRETARY Katie Gargano, City Clerk 4. ROLL CALL Clerk Gargano called the roll of the following councilors: Councilor Cheney, Councilor Soucy, Councilor Haynes, Councilor Lipman, Councilor Bogert. Absent: Councilor Felch 5. STAFF IN ATTENDANCE Kirk Beattie, City Manager; Glenn Smith, Finance Director 6. COUNCIL PROCLAMATION 7. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 7.A. City Council regular meeting minutes of August 28, 2023 Minutes of the Laconia City Council meeting of August 28, 2023, were distributed to the members of the City Council on September 6, 2023. 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 one wished to speak. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Public Hearing - Resolution 2023-22 - Establishment of a Bridge Repair and Reconstruction Capital Reserve Fund and to transfer $65,500 to the fund Notice of this Public Hearing was made available in the August 30, 2023, edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Community Center, Laconia Public Library, and the offices of the SAU. This item may be taken up later under unfinished business. Mayor Hosmer opened the Public Hearing at 7:14 PM. No one wished to speak. Mayor Hosmer closed the Public Hearing at 7:14 PM. 13.B. Public Hearing - Resolution 2023-23 - Establishment of a Street and Highway Project Capital Reserve Fund and transfer $52,400 to the fund Notice of this Public Hearing was made available in the August 30, 2023, edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Community Center, Laconia Public Library, and the offices of the SAU. This item may be taken up later under unfinished business. Mayor Hosmer opened the Public Hearing at 7:15 PM. No one wished to speak. Mayor Hosmer closed the Public Hearing at 7:15 PM. 13.C. Public Hearing - Resolution 2023-24 - Approval of bonding for the purpose of purchasing a replacement fire engine Notice of this Public Hearing was made available in the August 30, 2023, edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Community Center, Laconia Public Library, and the offices of the SAU. This item may be taken up later under unfinished business. Mayor Hosmer opened the Public Hearing at 7:15 PM. No one wished to speak. Mayor Hosmer closed the Public Hearing at 7:16 PM. 13.D. Public Hearing - Resolution 2023-25 - Approval of bonding to fund Sanitary Sewer Fund capital projects for the period of Fiscal Year 2024 through Fiscal Year 2026 Notice of this Public Hearing was made available in the August 30, 2023, edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Community Center, Laconia Public Library, and the offices of the SAU. This item may be taken up later under unfinished business.  Notice of this Public Hearing was made available in the August 30, 2023, edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Community Center, Laconia Public Library, and the offices of the SAU. This item may be taken up later under unfinished business. Mayor Hosmer opened the Public Hearing at 7:16 PM. No one wished to speak. Mayor Hosmer closed the Public Hearing at 7:16 PM. 13.E. Public Hearing - Resolution 2023-26 - Approval of 2026 Weirs Boulevard (Route 3) Bridge over Langley Brook NHDOT Project Agreement Notice of this Public Hearing was made available in the August 30, 2023, edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Community Center, Laconia Public Library and the offices of the SAU. This item may be taken up later under unfinished business. Mayor Hosmer opened the Public Hearing at 7:17 PM. No one wished to speak. Mayor Hosmer Closed the Public Hearing at 7:17 PM. 13.F. Public Hearing - Ownership and maintenance of Pickerel Pond Road Notice of this Public Hearing was made available in the August 30, 2023, edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Community Center, Laconia Public Library, and the offices of the SAU. This item may be taken up later under unfinished business. Mayor Hosmer opened the Public Hearing at 7:17 PM. Dave Ouellette of Pickerel Pond Rd received a letter and had questions about if the survey goes through; what the width of the road would be and does it go by the center line of the existing road. Manager Beattie answered saying that the survey will be done professionally so they will follow up. Would the width of the road include sidewalks? There would be a significant loss of frontage if they were to add sidewalks. Manager Beattie said that question has not been presented yet and has not been considered to be apart of the plan at this point. Councilor Lipman asked if he gets the answers he likes, would he be for or against the City taking ownership of the road. Mr. Ouellette stated that he is in favor of this and explained because of 3 brooks that are on the street and they have been carrying a lot of water and the maintenance of the road. He’d like to see some drainage but not a paved highway. He thinks it was better as a gravel road. Karen Laflamme of Pickerel Pond Rd. she said when she bought her home she understood it to already be a public road, she doesn’t feel the road needs to be any wider. It has been maintained for many years. Manager Beattie explained the history and how this topic came about. There are currently no records stating one way or another that specifies whether the road is public or private, but they have been operating with the understanding that it was not a public road. After information was brought forward showing that it might actually be a public road and a meeting with the City’s lawyer, they decided to send out the letters that she received to get more information from the property owners. Karen also mentioned the fact that the road was paved by the city in 2016 and before that in 2003, so why would that have been done by them if it was not a public road. Mayor Hosmer stated that was a great question that unfortunately he does not have the answer to. Bruce Labranche wants to know when it was determined that it was not a public road. Mayor Hosmer explained that the Council is just trying to get it right this time because it doesn’t seem like  lawyer, they decided to send out the letters that she received to get more information from the property owners. Karen also mentioned the fact that the road was paved by the city in 2016 and before that in 2003, so why would that have been done by them if it was not a public road. Mayor Hosmer stated that was a great question that unfortunately he does not have the answer to. Bruce Labranche wants to know when it was determined that it was not a public road. Mayor Hosmer explained that the Council is just trying to get it right this time because it doesn’t seem like it has been handled properly for the last couple of hundred years. Councilor Cheney said that he hopes people can understand that this road has not been picked by itself to figure out this problem but there are actually close to 100 other roads in a similar situation. He’d like to see his tax dollars distributed equally and fairly. Mayor Hosmer believes that he is receiving city services on this road. Linda Golden who owns 2 pieces of property on Pickerel Pond Rd, questions if this decision is going to directly impact her taxes. She also wanted to know about the easement piece that was mentioned in her letter. Mayor Hosmer said that he can’t be totally certain, but he does not think it’s going to have a direct impact on the taxes. Manager Beattie stated that for the easement they first have to find out how wide the road really is, and this will be decided by a survey of the road. Karen Laflamme wanted to know if there are currently easements on any roads with a buffer of 15ft on either side where it is not buildable. Manager Beattie stated that it’s not as definable as that. 15ft is not a number they go by. Director Anderson said that in a normal process, a right of way is established to be so wide and there is also a zoning set back. The zoning setback is based on property lines. Karen also asked if the class of the road would change, and Director Anderson said that as of right now it’s being considered a residential road. Councilor Lipman stated that we are not trying to make this road any higher than a residential road. He also explained an easement doesn’t mean that the city will control the property. It just gives permission to the city to do the work they need to do. Mayor Hosmer Closed the Public Hearing at 7:39 PM. 14. PRESENTATIONS 14.A. Community Power Coalition of New Hampshire Henry, on behalf of Community Power Coalition gave the presentation. Henry is there to extend an invitation to the City to become a member of the non-profit. The coalition was established by New Hampshire cities, towns, and counties in 2021. They currently serve electricity to 75,000 customers in 12 different communities. Henry explained that RSA 53-E allows New Hampshire cities, towns, and counties to become a default electricity provider for their residents and businesses and provide related services. The current utility would still own the grid, the poles and wires and would still deliver the power to the customers. The supply charge on the bill from the current utility would be decreased by the Coalition. These are voluntary programs, so they can switch to the default or take services from a competitive supplier. Councilor Soucy asked what the 9 million dollars is used for. Henry explained that is from the reserve fund and this year through their total budget of about 50 million, 40 million of it covers the cost of the energy supply and operations of the organizations and the remainder of the budget is deposited into financial reserves. That is controlled by the committee members which are the cities and towns that are members of the organization. The reason for the financial reserve is to ensure long-term benefits for the customers. An example would be if the cost of the electricity were to spike, they could use the reserve to maintain a lower cost for the customer. Councilor Bogert asked how often the rates change. The coalition adjusts their rates every six months. February through July and August through January. The other option is through purchasing electricity though a broker, and they typically lock in a rate for a two and a half to three-year period. Councilor Lipman made a statement that his understanding after observing a conversation with a consumer advocate for New Hampshire, that this person thought the coalition would be successful in the long term. Councilor Lipman also said that the same conversation did not really talk about any risks. Councilor Lipman would like to know what the risk is that they might not be able to deliver the 10 to 12% discount on the rate, and if Laconia has a major storm and it damages the infrastructure, who shows up to make things right. The primary utility company will always be responsible for storms, outages and keeping it up and running. There is no harm to them financially through these  Councilor Lipman made a statement that his understanding after observing a conversation with a consumer advocate for New Hampshire, that this person thought the coalition would be successful in the long term. Councilor Lipman also said that the same conversation did not really talk about any risks. Councilor Lipman would like to know what the risk is that they might not be able to deliver the 10 to 12% discount on the rate, and if Laconia has a major storm and it damages the infrastructure, who shows up to make things right. The primary utility company will always be responsible for storms, outages and keeping it up and running. There is no harm to them financially through these programs because they are indifferent to where the supply is coming from. He explained that for the risk, he can guarantee that for the customer at launch the rate will beat the utility rate. However, there is no way to guarantee 100% of the time that the rate will always beat the utility rate in the future, but they do have a structural advantage on how they buy power that gives savings to the customer. Councilor Lipman also verified that if a customer chose to opt out of the service, then they do not need to do anything else unless they change their mind at a later date. Councilor Soucy wanted to know if the savings typically stay around 10-12%. Henry explained that this program started in May of this year and in May, June, and July, there was a 20% savings which is higher than normal. Current savings are hovering around 10%. Mayor Hosmer asked if the City of Laconia were to become a member of the coalition, how would the City be represented at the coalition. Henry explained that the membership elects the board of directors which makes up about 20 people of the current 38 members. If Laconia were to join a person would then be appointed as a representative. That person would be required to at a minimum attend the annual meeting and vote in the election of the board. That person can then do more within the committees if they choose to do so. Councilor Bogert asked what the percent of overhead cost is in relation to the rate. Henry said it’s less than 4% and that rate will go down over time as the load grows. Councilor Lipman asked what the specific IRS classification the coalition is. They are both a 501C4 and a joint powers agency. Councilor Lipman also asked if they participate in private insurance and what do they use to protect the significant reserves they have. They use Primex and the insurance policy is available on the website but does not have an answer to the second question. Councilor Lipman also asked how the joint power agency portion is governed. Henry explained that they are not regulated by the PUC, but there are administrative rules by the public utility commission that have to be followed. They also have a risk management policy. Henry explained the implementation process: 1. join the coalition 1. membership by Select Board vote to adopt Joint Powers Agreement (JPA) 2. JPA is the contract among Members and By-laws 2. establish an “electric aggregation committee” (EAC) 1. prepare an “electric aggregation plan” (EAP) 2. how two public hearings on that EAP in advance of 3. bringing the EAP to the governing body for voter adoption 3. launch community power 15. MAYOR'S REPORT Multicultural day was a great event, it was exceptionally well attended. He heard that many of the food vendors had sold out. 16. COUNCIL COMMENTS Councilor Haynes also thanked Councilor Felch for the flag parade at Multicultural Day. Councilor Soucy mentioned he read the Laconia Daily Sun about Pumpkin Fest. He is concerned about the article stating that there was not going to be the large tower. He knows the City Council voted to assist with up to 10k towards the festival and he’d like to see it earmarked directly to build the tower. Manager Beattie explained that he has been in contact with the director. The Council never earmarked how that money would be used, but he can bring this back up with their director. Mayor Hosmer’s concern with earmarking the money just for the tower would take away from the other expenses. Councilor Soucy asked the Mayor if the  Councilor Soucy mentioned he read the Laconia Daily Sun about Pumpkin Fest. He is concerned about the article stating that there was not going to be the large tower. He knows the City Council voted to assist with up to 10k towards the festival and he’d like to see it earmarked directly to build the tower. Manager Beattie explained that he has been in contact with the director. The Council never earmarked how that money would be used, but he can bring this back up with their director. Mayor Hosmer’s concern with earmarking the money just for the tower would take away from the other expenses. Councilor Soucy asked the Mayor if the City Manager could reach back out to the director to ask what that money is going towards this year. 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.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) 18. LIAISON REPORTS Councilor Haynes noted the Board of Directors of LRPA voted to move, and as we speak everything is  17.F. APPOINTMENTS (Councilors Soucy (Chair), Cheney and Haynes) 18. LIAISON REPORTS Councilor Haynes noted the Board of Directors of LRPA voted to move, and as we speak everything is moving forward. The timeframe is late November- December of this year. 19. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Dale Twardosky, homeless in the City of Laconia. He would like to see resources better utilized in the City of Laconia by the Council. Rich MacNeill of 47 Rolling Lane is a 37-year utility veteran and lived through deregulation. Before deregulation the PUC had total control over all power costs. Deregulation took away that control. He believes the coalition would be a win, win for Laconia. 20. CITY MANAGER'S REPORT 20.A. Financial and Operational Trends Report Manager Beattie presented the financial and operational trends report to the Council. The building permit numbers are down. It’s been a slow month. Fire and rescue calls are relatively normal. Public assistance went up. Total number of clients went up and the cost per voucher went up. Property tax and motor vehicle registration numbers are where they should be. Mayor Hosmer questioned the number for the building permits and Manager Beattie will go back and check on it. Councilor Soucy seconded this question. Councilor Bogert asked about the number of stops by the police department and how it is a significant decrease. He has been receiving emails regarding intersections and speeding through neighborhoods and is curious how to address this. Manager Beattie said he can reach out to the Chief to get a follow up answer. 21. NEW BUSINESS 21.A. Request to use impact fees to fund the plumbing portion of the family restroom project at the Library The Laconia Public Library is requesting the use of impact fees in the amount of $3,290.00 to be used for the plumbing portion of the Library’s family restroom project. This project will ensure the hot water needs in the family restroom are met. Funds are available within the Library’s impact fee allocations to offset this project. The Library is requesting use of these funds. Approval of this request will reduce the amount of Impact Fee funds available to the Library by $3,290.00, leaving a balance of $15,053.17. Councilor Bogert made a motion to approve the use of impact fees to fund the plumbing portion of the family restroom project at the Library as proposed. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 5-0 21.B. Request to approve the expenditure of not more than $190,000 from the Lakes Business Park Phase II Capital Replacement Trust Fund for the resurfacing of Hounsell Avenue in the Town of Gilford The City of Laconia has plans underway to repave the section of Hounsell Avenue within the City boundary. The Town of Gilford would like to take advantage of this opportunity to simultaneously re- pave the section of Hounsell Avenue situated within the Town of Gilford’s borders to provide continuity for the new surface. This road is also situated entirely within the joint City of Laconia –  Hounsell Avenue in the Town of Gilford The City of Laconia has plans underway to repave the section of Hounsell Avenue within the City boundary. The Town of Gilford would like to take advantage of this opportunity to simultaneously re- pave the section of Hounsell Avenue situated within the Town of Gilford’s borders to provide continuity for the new surface. This road is also situated entirely within the joint City of Laconia – Town of Gilford Phase II of the Lakes Business Park. The estimated cost for this project is expected to be less than $190,000 including striping afterwards. Please refer to the attached quote provided by Busby Construction. Because this project was not anticipated to take place this year, the Town of Gilford did not budget any monies for this purpose. However, the Gilford Board of Selectmen voted to approve the expenditure of not more than $190,000 from the Lakes Business Park Phase II Capital Replacement Trust Fund for this purpose. The current balance in this fund is $858,029.77 and all expenditures from the fund require the concurrent approval of the Laconia City Council. Please refer to the attached information describing the Lakes Business Park Phase II Capital Replacement Trust Fund. Manger Beattie explained how the city will be paving a part of Hounsell Ave. that lies within Laconia and when the Town of Gilford found out they wanted to also finish the paving on the road that lies within Gilford. Councilor Bogert asked for clarification about the funds. Councilor Lipman explained that part of Hounsell Ave. is owned by Laconia and the other is Gilford. Councilor Lipman made a motion to approve the expenditure of not more than $190,000 from the Lakes Business Park Phase II Capital Replacement Trust Fund for the resurfacing of Housell Avenue in the Town of Gilford. Seconded by Councilor Bogert Discussion: None. The motion passed with all in favor. 5-0 21.C. Request to use $33,700 of road impact fees for the reconstruction of Granite Street As of July 31, 2023, the Road Impact Fee Account balance was $38,304.67. Public Works requests City Council authorization to use $33,700 of its funds to help fund the reconstruction of Granite Street. Granite Street reconstruction starts on September 18th. Use of these funds for this project will allow Public Works to perform more work with the remaining road program funds in the spring of 2024.The requested transfer into this reserve has previously been appropriated as part of the FY24 approved budget. The amount of funds available for the Spring 2024 road program will be reduced by $33,700 if the funds are not transferred. Councilor Soucy made a motion that the City Council approve the transfer of $33,700 from the road impact fees to the 2024 Road Capital Improvement Program for the reconstruction of Granite Street. Seconded by Councilor Bogert Discussion: Councilor Lipman is looking for clarification on why we are reconstructing this road. Director Anderson stated that it has old infrastructure that needs replacing. The motion passed with all in favor. 5-0 21.D. Proposal to increase Transfer Station fees due to increase in disposal costs Public Works requests City Council guidance on increasing Transfer Station fees due to projected annual increases in the cost of disposing of solid waste. The total cost of disposing of household waste consists of two costs: l The cost associated with handling and transporting household waste to a landfill. This weight-based rate is established in the contract with Waste Management for the operation of the Transfer Station. This fee increases annually in July based on the CPI for all Urban Consumers (Boston-Cambridge-Newton, MA, NH) +1%. The rate is also adjusted twice a year (Jan 1 and July 1) based on the price of fuel. l The landfill tipping fee increases annually on January 1st of each year based on prices negotiated in a contract that expires on December 31, 2029.  l The cost associated with handling and transporting household waste to a landfill. This weight-based rate is established in the contract with Waste Management for the operation of the Transfer Station. This fee increases annually in July based on the CPI for all Urban Consumers (Boston-Cambridge-Newton, MA, NH) +1%. The rate is also adjusted twice a year (Jan 1 and July 1) based on the price of fuel. l The landfill tipping fee increases annually on January 1st of each year based on prices negotiated in a contract that expires on December 31, 2029. The cost of disposing of construction and demolition debris is established in the contract with Waste Management for the operation of the Transfer Station. This fee increases annually in July based on the same formula as household waste. This fee is also adjusted twice a year based on the price of fuel. The following is a comparison of fees versus predicted costs: Comparison of Current Fees Versus Predicted Disposal Costs Current Predicted cost Predicted cost Predicted cost disposal cost on Jan 1, 2024 on July 1, 2024 on Jan 1, 2025 Type waste Current Fee Laconia Household Waste (MSW) $105 $102.69 $106.85 $107.85 $112.02 Gilford $110 $102.69 $106.85 $107.85 $112.02 Household Waste (MSW) Laconia Construction Debris $150 $124.69 $124.69 $131.21 $131.21 Gilford Construction Debris $150 $124.69 $124.69 $131.21 $131.21 Public Works requests guidance on which of the following concepts to use in preparing a request for a fee increase to take effect in November 2023: l Increase the fees this fall sufficiently so that the Council will not have to approve a price increase for two or more years. l City Council approve a new fee structure each fall for the next year. l City Council establish a fee based on disposal costs plus a fixed fee plus an overhead fee to cover the costs of operating the Transfer Station. An example for household waste: Description Cost Laconia Resident Fee Other Community’s Resident Fee Waste Management $110 $110 $110 Overhead cost Laconia $5 $5 residents Overhead cost other $10 $10 community residents  Overhead cost Laconia $5 $5 residents Overhead cost other $10 $10 community residents Total Fee $115 $120 Without a fee increase, the City will be subsidizing the cost of disposing of solid waste brought to the Transfer Station by paying customers with taxes. Discussion: Manager Beattie explained that each year the cost for disposal is given by waste management and it can result in a fee increase. There is an option in creating a formula to determine what the increase would be each year once the exact number is determined by waste management. Mayor Hosmer would like to be able to better understand exactly how much it costs to run the transfer station. Manager Beattie said he would be willing to work with the Finance Director to put that request into packet form. Councilor Lipman would like to see the change implemented to cover the costs and have Manager Beattie come back with that information packet as soon as possible. Councilor Lipman made a motion to table. Seconded by Councilor Bogert. The motion was nondebatable. The item is tabled with all in favor. 5-0 21.E. Ordinance 2023-194-1, 194-8 - Proposal to fine Transfer Station customers who leave without paying the associated fees The fee for Transfer Station customers disposing of household waste, construction and demolition debris and metal are based on the weight of the material. A customer’s vehicle is weighed before disposing of the material and after disposing of the material. A customer with both household trash and construction and demolition debris is weighed after disposing of each type of material. The fee is calculated using the difference between the vehicle weights before and after disposing of the waste. When a customer crosses the scale for the first time, the Transfer Station operator enters their license plate number into the Transfer Station’s operating software. When a customer who is disposing of household waste, construction and demolition debris or metal leaves the Transfer Station without coming across the scale to weigh out (drive off), the City only knows the vehicle’s entry weight not their final weight so the City cannot provide the weight of materials brought into the Transfer Station. Thus, the City does not have a means of determining the value of the service. During the summer the Transfer Station has as many customers during the 4 hours it is open on Saturday as it has during a weekday. Many weekend customers have different types of materials with different fees that result in more processing time. Recently the Department has seen an increase in the number of customers who do not come across the scale to weigh after disposing of their solid waste (driveoffs) from about 1 per quarter to an average of 1 per weekend. For most residential customers with only household waste charges will not exceed $100 per “use”. For construction debris most residential customers’ charges will not exceed $300. For mixed loads most will not exceed $300. In order for the City to recover its costs, the scale operator must report the incident to Police. This would occur after the Transfer Station closes resulting in an increase in the solid waste program’s overtime costs. To recover the City’s costs and to act as a deterrent to potential drive offs, Public Works is proposing that the City include the following in its solid waste Ordinance:  In order for the City to recover its costs, the scale operator must report the incident to Police. This would occur after the Transfer Station closes resulting in an increase in the solid waste program’s overtime costs. To recover the City’s costs and to act as a deterrent to potential drive offs, Public Works is proposing that the City include the following in its solid waste Ordinance: First offense – a fine of $500 with no suspension of Transfer Station privileges. Second Offense - a fine of $1,000 and suspension from use of the Transfer Station for one month Third Offense - a fine of $2,000 and the City may seek an injunction from use of the Transfer Station from the Belknap County Superior Court. Public Works recommends that the City Council schedule a public hearing on September 25, 2023, to receive input from the public. In addition to the loss of revenue to cover the expenses associated with disposing of solid waste at the Transfer Station without paying the fees, personnel cost will range from $20 to $30 an hour to file a police report. Discussion: Councilor Lipman questions why we are doing this instead of dealing with this as theft of service with the police department. Councilor Cheney would like to see this re-referred to the Government Ordinances and Operations Subcommittee. Mayor Hosmer agrees that proof of intent would be hard to prove in regard to a criminal offense and he would be happy to send it back to the subcommittee. Mayor Hosmer also believes that the offenses should be different for residential and commercial with more expensive demolition waste. They would like to possibly discuss a better way to identify these people. Mayor Hosmer re-referred this item back to the Government Ordinances & Operations Subcommittee. 21.F. Request to designate the East side of Girard Street from Jewett Brook to Gilford Avenue a no parking zone Councilor Soucy received a request from a resident of Girard Street to designate a no parking zone on the section of Girard Street between Jewett Brook and Gilford Avenue due to issues with accessing a driveway and to ensure emergency vehicles can access the road. Girard Street is 19 feet wide, and cars parked on both sides of the road can block emergency vehicles. Additionally, the east side of the road has a sidewalk and City ordinances prohibit vehicles from parking on sidewalks to meet Federal ADA regulations. A no parking zone on the east side of the road will also prevent a parked car from blocking access to a driveway. Public Works recommends that the City Council approve a no parking zone on the east side of Girard Street from Jewett Brook to Gilford Avenue to ensure emergency vehicle access and help minimize the problems with accessing driveways. A letter was mailed to the residents on this portion of Girard Street on August 29, 2023. The estimated cost to install the necessary signs to implement this no parking area is $600. The cost of the signs will come from the Public Works’ regulatory sign budget. Discussion: Mike Mooney 59 Girard Street didn’t realize he missed his opportunity to speak. Mayor Hosmer allowed him a few minutes to speak, he stated that this was on the wrong side of the road, the issue is on the opposite side, and he doesn’t feel this would fix the problem. The night of the meeting he had taken pictures of his driveway being blocked. Mayor Hosmer is not convinced that this is going to solve the issue. Mayor Hosmer sent this to the public works subcommittee for review. 21.G. Appointment of City Council representatives to the Capital Improvements Committee  Mayor Hosmer sent this to the public works subcommittee for review. 21.G. Appointment of City Council representatives to the Capital Improvements Committee The City’s Capital Improvement Committee will begin meeting soon to prepare and recommend a plan of capital improvement projects. The CIP Committee consists of three members of the Planning Board selected by the Planning Board, four members of the public appointed by the Planning Board, and three members of the City Council. The City Council members consist of the Finance Subcommittee per the attached Resolution adopted back in 2000. However, the Mayor is authorized to appoint a substitute, other than a Finance Subcommittee member, to serve on the CIP Committee. Manager Beattie explained that he was asked by the Planning department to make sure the Council had its representatives to the CIP. Currently, Councilor Haynes and Councilor Cheney are on the committee but there is one vacancy. Mayor Hosmer has requested that Councilor Bogert fill the vacancy. 21.H. Resolution 2023-26 relative to authorizing the City Manager to accept and expend an Office of Highway Safety Grant (Grant #24-098) on behalf of the City in the amount of $32,200.00 for the Laconia Police Department This is a request from the Laconia Police Department to accept and expend a grant from the Office of Highway Safety in the amount of $32,200.00 to be used for the following project titles: Speed Enforcement Patrols $ 8,000.00 DUI Enforcement $ 5,000.00 Distracted Driving $ 2,800.00 Pedestrian Bicycle $ 3,000.00 Join the NH Clique $ 850.00 Drive Sober or Get Pulled Over $ 1,700.00 U Drive, U Text, U Pay $ 850.00 Community Outreach & Betterment (COB) Grant $10,000.00 $32,200.00 The City’s share of this grant is $8,050, which will be entirely covered by in-kind services. Councilor Cheney made a motion to waive a reading of Resolution 2023-26 in its entirety and to read by title only. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 5-0 Councilor Cheney made a motion to move a first reading of Resolution 2023-26 relative to authorizing the City Manager to accept and expend an Office of Highway Safety Grant (Grant #24-098) on behalf of the City in the amount of $32,200.00 for the Laconia Police Department. Seconded by Councilor Soucy. Discussion: None. The motion passed with all in favor. 5-0  Councilor Cheney made a motion to move a first reading of Resolution 2023-26 relative to authorizing the City Manager to accept and expend an Office of Highway Safety Grant (Grant #24-098) on behalf of the City in the amount of $32,200.00 for the Laconia Police Department. Seconded by Councilor Soucy. Discussion: None. The motion passed with all in favor. 5-0 Councilor Cheney made a motion to schedule a Public Hearing on September 25, 2023, during the regular City Council meeting to gather public input prior to any action being taken. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 5-0 22. UNFINISHED BUSINESS 22.A. Resolution 2023-22 - Establishment of a Bridge Repair and Reconstruction Capital Reserve Fund and to transfer $65,500 to the fund Due to engineering, design and construction schedules bridge projects are often spread over several years and are subject to frequent delays. In the past funding for bridge projects have been carried forward from year to year. Establishment of the reserve fund will allow for better accounting if bridge project funds by eliminating the need to carry forward such funds numerous times. At the August 28, 2023, City Council meeting a motion was approved to schedule a Public hearing on this matter; that Public Hearing was held earlier in this evening’s agenda. Fiscal Impact: None. The requested transfer into this reserve has previously been appropriated as part of the FY24 approved budget. Councilor Cheney made a motion to waive a reading of Resolution 2023-22 in its entirety and to read by title only. Seconded by Councilor Soucy Discussion: None. The motion passed with all in favor. 5-0 Councilor Bogert made a motion to move a second reading of Resolution 2023-22 relative to the establishment of a Bridge Repair and Reconstruction Capital Reserve fund, and to transfer $65,500 to the fund. Seconded by Councilor Haynes Discussion: None The motion passed with all in favor. 5-0 Councilor Bogert made a motion to approve Resolution 2023-22 relative to the establishment of a Bridge Repair and Reconstruction Capital Reserve fund, and to transfer $65,500 to the fund. Seconded by Councilor Soucy Discussion: None The motion passed with all in favor. 5-0 22.B. Resolution 2023-23 - Establishment of a Street and Highway Project Capital Reserve Fund and transfer $52,400.00 to the fund Each year the City Council raises and appropriates funds for the repair of city streets and highways. For various reasons, such as weather, coordination with outside parties, and unforeseen engineering obstacles, funds are sometimes not spent by year end. In the past the City has addressed the problem through a series of carryforwards from year to year. Establishment of the reserve provides a more efficient means of managing these funds while ensuring that they will be used for the purpose established by the City Council. At the August 28, 2023, City Council meeting a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier in this evening’s agenda. Fiscal Impact: None. The requested transfer into this reserve has previously been appropriated as part of the FY24 approved budget. Councilor Soucy made a motion to waive a reading of Resolution 2023-23 in its entirety and to read  At the August 28, 2023, City Council meeting a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier in this evening’s agenda. Fiscal Impact: None. The requested transfer into this reserve has previously been appropriated as part of the FY24 approved budget. Councilor Soucy made a motion to waive a reading of Resolution 2023-23 in its entirety and to read by title only. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 5-0 Councilor Cheney a second reading of Resolution 2023-23 relative to the establishment of a Street and Highway Project Capital Reserve Fund and transfer $52,400.00 to the fund. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 5-0 Councilor Soucy made a motion to approve Resolution 2023-23 relative to the establishment of a Street and Highway Project Capital Reserve Fund and transfer $52,400.00 to the fund. Seconded by Councilor Haynes Discussion: Councilor Lipman assumes that the monthly reports will reflect these deductions. Manager Beattie concurred. The motion passed with all in favor. 5-0 22.C. Resolution 2023-24 - Approval of bonding for the purpose of purchasing a replacement fire engine The FY24 budget adopted by the City Council on June 27, 2023 included a provision for replacement of Fire Engine #2, which is 32 years old, in poor condition, and has reached the end of its useful life. At the August 28, 2023 City Council meeting a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier in this evening’s agenda. Fiscal Impact: Exact fiscal impact is conditional on interest rates at the date of issuance. Current estimates are that interest rates at the time the bond is issued will be approximately 3.0%. Using this rate, the interest cost over the life of the bond is estimated to be $294,000 over the 20-year term of the bond and $28,100 in FY24. Councilor Cheney made a motion to waive a reading of Resolution 2023-24 relative to approval of bonding for the purpose of purchasing a replacement fire engine. Seconded by Councilor Haynes Discussion: Councilor Lipman asked for clarification that this will be moved to the Finance Subcommittee. Manager Beattie said yes. The motion passed with all in favor. 5-0 Councilor Bogert made a motion to move a second reading of Resolution 2023-24 relative to approval of bonding for the purpose of purchasing a replacement fire engine. Seconded by Councilor Haynes Discussion: Councilor Soucy mentioned at the last Council meeting it was discussed about when the first payment would be due because of the long build our periods. Manager Beattie stated these questions will be answered in the RFP’s that will be reviewed with the Finance Subcommittee. The motion passed with all in favor. 5-0 Councilor Soucy made a motion to approve Resolution 2023-24 relative to approval of bonding for the purpose of purchasing a replacement fire engine. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 5-0 22.D. Resolution 2023-25 - Approval of bonding to fund Sanitary Sewer Fund capital projects for the period of Fiscal Year 2024 through Fiscal Year 2026 The long-term funding plan associated with the sewer rate increases approved in February 2023  The motion passed with all in favor. 5-0 22.D. Resolution 2023-25 - Approval of bonding to fund Sanitary Sewer Fund capital projects for the period of Fiscal Year 2024 through Fiscal Year 2026 The long-term funding plan associated with the sewer rate increases approved in February 2023 restricted capital expenditures to $1,000,000 per year and called for all sanitary sewer fund capital expenses to be funded through the issuance of bonds. Prior to adoption of the plan, minor capital expenses, such as vehicle purchases and recurring programs such as pipe lining and pump station reconstruction were funded through the ratepayer payments and major projects were funded through bonding. Consequently, the current budget adopted in June contained no funding for sewer fund capital projects. The proposed bond provides funding for sanitary sewer fund capital expenses over the next three fiscal years in a manner consisted with the adopted plan. Projects anticipated to be funded with this bond are: FY23 -24 FY24-25 FY25-26 Total Asset Management Program $ 20,000 $- $ - $ 20,000 Black Brook Pump Station-Generator/Upgrades $ 80,000 $- $ - $ 80,000 Chapin Terrace Pump Station Upgrade $- $ 100,000 $- $ 100,000 Gravity Sewer Mains Upgrade $ 100,000 $ 110,000 $ 120,000 $330,000 Pump Station Engineering $ 150,000 $- $ - $ 330,000 Pipe and Manhole Lining Program $550,000 $690,000 $770,000 $2,010,000 Pump Station Control/Data System $30,000 $- $ - $ 30,000 Pump Station Building Improvements $70,000 $- $ - $ 70,000 Pump Station Debris Removal Equipment $- $100,000 $110,000 $210,000 Total SSF Capital Outlay $1,000,000 $1,000,000 $1,000,000 $3,000,000 It is understood that unforeseen repair and reconstruction projects may require that funds be diverted from these projects to other priorities. At the August 28, 2023, City Council meeting a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier in this evening’s agenda. Fiscal impact: Exact fiscal impact is conditional on interest rates at the date of issuance. Current estimates are that interest rates at the time the bond is issued will be approximately 3.0%. Using this rate, the interest cost over the life of the bond is estimated to be $945,000 over the 20-year term of the bond, with the first payment of $90,000 occurring in FY25. Director Smith explained that in part of the rate setting process that the Council went through in the  Fiscal impact: Exact fiscal impact is conditional on interest rates at the date of issuance. Current estimates are that interest rates at the time the bond is issued will be approximately 3.0%. Using this rate, the interest cost over the life of the bond is estimated to be $945,000 over the 20-year term of the bond, with the first payment of $90,000 occurring in FY25. Director Smith explained that in part of the rate setting process that the Council went through in the Spring, there was a system set up whereby Capital Projects are to be funded by bonds on a rotating three-year cycle. So, the motion before the Council would be to fund a series of CIP within the Sanitary Sewer Fund starting this year. Councilor Lipman mentioned this is so the people who move into the City in the future will participate in the cost. Councilor Cheney made a motion to waive a reading of Resolution 2023-25 relative to approval of bonding to fund Sanitary Sewer Fund capital projects for the period of fiscal year 2024 through fiscal year 2026. Seconded by Councilor Soucy Discussion: None. The motion passed with all in favor. 5-0 Councilor Lipman made a motion to move a second reading of Resolution 2023-25 relative to approval of bonding to fund Sanitary Sewer Fund capital projects for the period of fiscal year 2024 through fiscal year 2026. Seconded by Councilor Cheney Discussion: None. The motion passed with all in favor. 5-0 Councilor Soucy to approve Resolution 2023-25 relative to approval of bonding to fund Sanitary Sewer Fund capital projects for the period of fiscal year 2024 through fiscal year 2026. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 5-0 22.E. Resolution 2023-26 - Approval of 2026 Weirs Boulevard (Route 3) Bridge over Langley Brook NHDOT Project Agreement The State’s current ten-year transportation improvement plan (2023-2033) included the reconstruction of the Weirs Blvd (Route 3) bridge over Langley Brook with the work to be constructed in 2026. The Weirs Blvd (Route 3) bridge over Langley Brook is on the State’s municipal bridge redlist. In November of 2014; the City requested the Weirs Blvd Bridge over Langley Brook (Bridge No. 135/128) be included in the NHDOT Municipal Bridge Aid Program. The bridge is in the Federal Municipally Owned Bridge Rehabilitation and Replacement (MOBRRR) Program created under the Federal Bipartisan Infrastructure Law (BIL). The City’s share is 20%. Anticipated project cost $2,915,923 Federal Share (80%) $2,332,739 City Share (20%) $583,184 Hoyle Tanner Engineer has been selected as the preliminary engineering design firm. CMA Engineers have been selected to be the construction engineering firm. At the August 28, 2023, City Council meeting a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier in this evening’s agenda. Fiscal Impact: The Langley Cove Development Project by Brady Sullivan has committed to participating in 1/3 of the City’s share of the project. Brady Sullivan would then write a check to the City of Laconia for 33.3% of the City’s $583,184 resulting in a net cost to the City of approximately $388,789.  on this matter; that Public Hearing was held earlier in this evening’s agenda. Fiscal Impact: The Langley Cove Development Project by Brady Sullivan has committed to participating in 1/3 of the City’s share of the project. Brady Sullivan would then write a check to the City of Laconia for 33.3% of the City’s $583,184 resulting in a net cost to the City of approximately $388,789. Councilor Cheney made a motion to waive a reading of Resolution 2023-26 relative to approval of 2026 Weirs Boulevard (Route 3) Bridge over Langley Brook NHDOT Project Agreement. Seconded by Councilor Soucy Discussion: Councilor Soucy asked about what fiscal year will funds be put away towards this? Manager Beattie said most likely over the next two fiscal years. The motion passed with all in favor. 5-0 Councilor Cheney made a motion to move a second reading of Resolution 2023-26 relative to approval of 2026 Weirs Boulevard (Route 3) Bridge over Langley Brook NHDOT Project Agreement. Seconded by Councilor Soucy Discussion: None. The motion passed with all in favor. 5-0 Councilor Cheney made a motion to approve Resolution 2023-26 relative to approval of 2026 Weirs Boulevard (Route 3) Bridge over Langley Brook NHDOT Project Agreement. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 5-0 22.F. Ownership and maintenance of Pickerel Pond Road At their meeting on August 14, 2023, the City Council discussed the ownership and maintenance of Pickerel Pond Road. At that meeting, City Manager Beattie laid out the options available to the Council with regard to the road as follows: One option is for the City to own the road; the second option is to go through the full “accept as is” program; and the third option offered is to formulate a document to be sent out to all of the property owners on Pickerel Pond Road. A recommendation was made to follow the third option presented, to send out letters to all property owners on the road. On August 22, 2023, the attached letter was sent out by certified mail to all of the property owners on Pickerel Pond Road. At the August 28, 2023, City Council meeting a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier in this evening’s agenda. Councilor Lipman made a motion to table. Seconded by Councilor Bogert. The motion was non debatable. The motion passed 4-0 with Councilor Cheney abstained. 22.G. Ordinance 2023-59-12 - Parks and Recreation Commission Rules and Regulations Parks and Recreation Director Amy Lovisek has requested that the City Council consider adding language to an existing Ordinance to allow certain rules contained in the Parks and Recreation Commission Rules and Regulations to be subject to law enforcement actions, as well as violations and penalties. The Laconia Police Department has indicated that including these specific rules and regulations in an Ordinance will allow enforcement of them by their department. Any violations of these rules will also then be subject to the penalties set forth. At their meeting on August 14, 2023, the City Council approved a motion to send this matter to the Government Operations & Ordinances Subcommittee. The Subcommittee met on August 25, 2023, and recommended this item be moved forward to the full City Council for review and approval. Manager Beattie explained the above agenda item to the Council.  At their meeting on August 14, 2023, the City Council approved a motion to send this matter to the Government Operations & Ordinances Subcommittee. The Subcommittee met on August 25, 2023, and recommended this item be moved forward to the full City Council for review and approval. Manager Beattie explained the above agenda item to the Council. Councilor Lipman made a motion to schedule a public hearing on September 25, 2023, during the regular City Council meeting to gather public input prior to any action being taken. Seconded by Councilor Bogert Discussion: None. The motion passed with all in favor. 5-0 22.H. Request to authorize the City Manager to enter into a 1 year extension of an existing cable television franchise agreement between the City and COGECO US (NH_ME) LLC, d/b/a Breezeline Laconia is one of ten member communities in the Lakes Region Cable Television Consortium (“Consortium”). In 2014 the Consortium successfully negotiated a franchise agreement with Metrocast Cablevision of New Hampshire LLC. That agreement expires on December 31, 2023. In 2018 Metrocast was acquired by Cogeco, which currently provides services under the name ‘Breezeline’. The Consortium started the process of negotiating a renewal of the franchise agreement in 2021. Discussions have been hampered by a lack of compliance with the current agreement. The area of greatest concern is response time for customers calling Breezeline’s call centers. The franchise agreement requires an answer by a customer representative within minutes of when the connection was made 90% of the time. Customers often report hold times of several hours. Based on this failure, but realizing the deleterious impact of the Covid 19 pandemic on business operations, and also acknowledging improvements in recent months, Consortium members proposed amending the current franchise agreement to add 5 years to the term. Breezeline rejected the proposed amendment and counter proposed a one-year extension of the current franchise agreement. The proposed one-year extension is advantageous to the City as it allows for continued monitoring of improvements to customer service response times and address other issues while maintaining the provisions of the current franchise agreement. The City Council discussed this matter at their July 24, 2023, meeting, at which time a motion was approved to table this item to allow strategizing with legal counsel. Fiscal Impact: The fiscal impact of the current franchise agreement is already incorporated into the FY24 budget. This item remained on the table from the July 24, 2023 meeting. 22.I. Ordinance 2023-150-2, 150-3 - Fireworks Councilor Felch requested an update and discussion regarding current regulations governing fireworks in the City of Laconia as compared to other New Hampshire communities. The proposed Ordinance incorporates the changes that have been discussed. Also attached for the Council’s review is the Town of Belmont’s permit regulations for fireworks. If the Council wishes to institute a permitting system, the Ordinance can be amended to include similar rules. However, the City Manager suggests the language pertaining to inspections be deleted as it could potentially add a lot of work for the Fire Department. Councilor Soucy made a motion to table. Seconded by Councilor Haynes. The motion was nondebatable. The item is tabled with all in favor. 5-0 23. FUTURE AGENDA ITEMS  Councilor Soucy made a motion to table. Seconded by Councilor Haynes. The motion was nondebatable. The item is tabled with all in favor. 5-0 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) Councilor Bogert made a motion to enter into nonpublic session according to RSA 91-A:3, II (d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community. Seconded by Councilor Haynes. Discussion: None. By Roll Call Vote: Councilor Cheney- Yes Councilor Soucy-Yes Councilor Lipman- Yes Councilor Haynes- Yes Councilor Bogert- Yes Councilor Felch- Abs The nonpublic session began at 9:25 PM. Councilor Cheney made a motion to return to public session. Seconded by Councilor Haynes. Discussion: None By roll call vote: Councilor Cheney- Yes Councilor Soucy-Yes Councilor Lipman- Yes Councilor Haynes- Yes Councilor Bogert- Yes Councilor Felch- Abs The meeting resumed at 10:08 PM Councilor Cheney made a motion to seal the meeting minutes for 1 year. Seconded by Councilor Soucy. Discussion: None. The motion passed with all in favor. 5-0 26. ADJOURNMENT Mayor Hosmer adjourned the meeting at 10:09 PM  The motion passed with all in favor. 5-0 26. ADJOURNMENT Mayor Hosmer adjourned the meeting at 10:09 PM Respectfully submitted, Katie Gargano, City Clerk