City Council

Minutes were approved on October 10, 2023, by the City Council. CITY OF LACONIA - CITY COUNCIL MEETING 7:00 P.M. City Hall - Armand A. Bolduc City Council Chamber 9/25/2023 - Minutes 1. CALL TO ORDER Mayor Pro tem Haynes called the meeting to order at 7:00 PM 2. SALUTE TO THE FLAG City Clerk Gargano 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 Bogert, Councilor Felch. Absent: Councilor Lipman, Mayor Hosmer With 4 Councilors in attendance, a quorum was established. 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 September 11, 2023 Minutes of the Laconia City Council meeting of September 11, 2023, were distributed to the members of the City Council on September 18, 2023. With no corrections or changes submitted to the Clerk, the minutes were accepted as distributed. 8. CONSENT & ACTION ITEMS 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Brian Patterson of 203 Pickerel Pond Rd was questioning what the plan is for Pickerel Pond Rd because the item was tabled at the last meeting, he wants to know if there will be a vote at the next meeting. Manager Beattie told him it should be back to Council at the October 10 th meeting, there is no guarantee with the information the Council is provided if there will be a vote or not. 10. INTERVIEWS  Brian Patterson of 203 Pickerel Pond Rd was questioning what the plan is for Pickerel Pond Rd because the item was tabled at the last meeting, he wants to know if there will be a vote at the next meeting. Manager Beattie told him it should be back to Council at the October 10 th meeting, there is no guarantee with the information the Council is provided if there will be a vote or not. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Public Hearing - 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 Notice of this Public Hearing was made available in the September 13, 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 under unfinished business. Mayor Pro Tem Haynes opened the Public Hearing at 7:08 PM No one from the public wished to speak. Mayor Pro Tem Haynes closed the Public Hearing at 7:08 PM 13.B. Public Hearing - Ordinance 2023-59-12 - Amending Chapter 59, Parks and Recreation Commission, adding a new section 59-12 - Parks and Recreation Commission Rules and Regulations Notice of this Public Hearing was made available in the September 13, 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. Mayor Pro Tem Haynes opened the Public Hearing at 7:09 PM No one from the public wished to speak. Mayor Pro Tem Haynes closed the Public Hearing at 7:10 PM 14. PRESENTATIONS 15. MAYOR'S REPORT Mayor Pro Tem Haynes read into the record on behalf of Mayor Hosmer the letter titled “The City of Laconia Stands United” Laconia, like too many other communities across the country, is encountering an increasing number of acts of hate, intimidation, and antisemitism. Fortunately, the foundation of our community is built on the strong alliances among our faith community, including Temple B’nai Israel, law enforcement, the Laconia Human Relations Committee, Laconia Schools, the Belknap County Attorney’s Office, concerned citizens and city government. The Laconia Community condemns acts of hate and intimidation. We stand united with our Jewish brothers and sisters to forcefully reject antisemitism in all its forms. An attack on one, is an attack on all. We cannot normalize or become inured to hateful acts, and we will not stand idle in the face of attempts to sow chaos and intimidate our citizens. We are united in preserving our community values of respecting the  Relations Committee, Laconia Schools, the Belknap County Attorney’s Office, concerned citizens and city government. The Laconia Community condemns acts of hate and intimidation. We stand united with our Jewish brothers and sisters to forcefully reject antisemitism in all its forms. An attack on one, is an attack on all. We cannot normalize or become inured to hateful acts, and we will not stand idle in the face of attempts to sow chaos and intimidate our citizens. We are united in preserving our community values of respecting the dignity of every person, the ability to worship without fear and the shared responsibility for the well-being of everyone in our community. These values stitch together the diverse fabric of our city and create a community we are proud to call home. Acts of hate and intimidation remind us of our duty to remain vigilant in protecting our freedoms. The Laconia Police Department takes a strong stance against any type of hate crime in our community and is committed to bringing all law enforcement resources to bear to investigate, identify, and ultimately prosecute those who are responsible. It’s important that any acts of hate be reported immediately to ensure rapid response and remediation. If someone sees something, say something. Contact the Laconia Police Department at 603-524-5252, anonymously via Tip411 or through the city’s crime line at 603-527-1717. Our united community of Laconia will remain welcoming and value the dignity of each person. We will continue to educate ourselves about the presence and dehumanizing impact of prejudicial attitudes. We will resist and publicly condemn any practices or incidents in our community which either result from or might encourage prejudice, intolerance, harassment, and discrimination. Please join us for a Community Vigil on Sunday October 8 th at 1pm at Opechee Park. We are stronger together- We are Laconia United 16. COUNCIL COMMENTS Councilor Cheney asked the Council if they’d instruct the City Manager to assist the senior center with building their kitchen. Councilor Soucy brought up the pumpkin festival. He heard they are 8-10k short for the pumpkin tower. He’d like to see the city absorb the costs for police, fire and DPW fees. And still donate 8-10k to the pumpkin tower. Manager Beattie said that there is a smaller footprint for the tower this year. Councilor Soucy made a motion for the City Manager to allocate the 10,000.00 that was to go towards the costs of Pumpkin Fest and give it directly to the organizers for the pumpkin tower. Seconded by Councilor Bogert. Discussion: Councilor Felch is concerned about the departments absorbing the overtime costs. He also heard that the smaller tower may be two sided. And a laser light show will be added. Manager Beattie said he will speak with the departments affected and they won’t have to worry about these costs. The motion passed with all in favor. 5-0 Councilor Haynes commented that he was troubled when he heard a comment on social media that what happened at the State School was an adolescent prank, a rite of passage that had no meaning, and they would grow up to be outstanding citizens. He hopes that is true because it was incredibly irresponsible. Councilor Bogert noted on October 11 at 6:00 PM He is hosting a town hall-like meeting at Tardiff Park to allow the Ward 5 residents to meet him and voice their needs. 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.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 that the Lakes Region Public Access moved into their new location, and they are having their first meeting tomorrow. Councilor Cheney noted that he has checked with neighboring towns and thinks they will be getting a significant wage increase for public safety and he wants to make sure that Laconia stays on top of this to retain our employees. He is the liaison for the Police and Fire Departments and part of his job is to let them know where they stand. 19. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS No one from the public wished to speak. 20. CITY MANAGER'S REPORT 19. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS No one from the public wished to speak. 20. CITY MANAGER'S REPORT 20.A. Project Updates Report Manager Beattie went over the project updates report with the Council. He began with the question last month about the building permit numbers, last month they accidentally reported the monthly amount and not the year-to-date amount. Manager Beattie went over those numbers with the Council. Project updates include, work being done on granite street, there was a meeting with DPW and the paving crew on the Elm Street project, the Highland Street Bridge was completed, the Messer Street bridge work has converted over to the other side and is scheduled to be complete by the middle of next month. The native American sculpture is being built and they are working on the base, to make sure it is stable because the new sculpture is very lightweight. 20.B. Monthly Economic Development Update Manager Beattie stated that there is nothing new for this month on the first page because the data wasn’t ready, on the second page the CPI number is slightly up from last month and the yearly avg is 4.8 %. Councilor Cheney stated he would like to hear a plan for the master plan update. 21. NEW BUSINESS 21.A. Request to accept up to $5,000 from the Weirs Action Committee to add lighting to the new gazebo at Weirs Beach, and to add a floodlight to the flagpole Per City Council Resolution 2019-24 and RSA 31:95-b, acceptance and expenditure of unanticipated funds in amounts less than $10,000 made available during the fiscal year require approval of the City Council. The Weirs Action Committee has voted to authorize expenditures of up to $5,000 to provide lighting at the gazebo at Weirs Beach, and a floodlight for the flagpole. This work would include digging and paving, electrical work and lighting fixtures. The City will own the fixtures, pay the electricity bill and maintain/replace the lighting fixtures as needed. Councilor Cheney made a motion to accept the donation of $5,000 from the Weirs Action Committee as described above to provide lighting at the gazebo at Weirs Beach and a floodlight for the flagpole. Seconded by Councilor Soucy. Discussion: Councilor Haynes asked Manager Beattie if the Weirs Action Committee had considered solar. Councilor Felch noted he was at the meeting where they went over several different options, and this was the best one. The motion was approved with all in favor. 5-0 21.B. Request to submit grant applications for the replacement of a Public Works dump truck and a wheeled loader The NH Department of Environmental Services has issued a request for proposals to replace diesel vehicles with an engine model year of 2009 or earlier under the VW Environmental Mitigation Trust program. The purpose of the grant is to replace diesel powered vehicles with ones whose engines produce less harmful emissions. Public Works is requesting authorization to submit two grant applications. In order of priority, they are: · Replace truck 136, a 2004 International dump truck that is also a plow truck/salter during the winter. · Replace wheeled loader 148, a 2006 Komatsu loader that is used on projects and loads salt into  are: · Replace truck 136, a 2004 International dump truck that is also a plow truck/salter during the winter. · Replace wheeled loader 148, a 2006 Komatsu loader that is used on projects and loads salt into trucks during the winter and supports downtown snow removal. The City’s matching share is 20%. The match will come from Public Works’ vehicle replacement account in the ISF. The estimated cost of replacing truck 136 is $245,700. The City’s share would be $49,130. The estimated cost of replacing wheeled loader 148 is $220,000. The City’s share would be $44,000. The program requires the grantee to drill holes in the replaced vehicles’ engine blocks so that they cannot be used in the future. The only value associated with the replaced vehicles would be their salvage. The City’s matching share of the grant is 20%. The City’s anticipated share is $93,130 if both grant requests are funded. Councilor Felch made a motion that we authorize the City Manager to submit two grant applications to NH DES VW Environmental Mitigation Trust program to replace Truck 136 and loader 148. Seconded by Councilor Soucy Discussion: Councilor Soucy asked Director Anderson if this was a state grant. Director Anderson stated yes. Councilor Bogert asked if the 93,000.00 is already in the budget or is it money that they are going to have to come up with. Director Anderson explained it is already in the ISF funding for this year for public works, the difference would be if they don’t get the grant, he will need to use that money for the downpayment and then work out a lease to purchase agreement. Councilor Cheney asked if the 20% is the 93,000.00 figure. Director Anderson confirmed. The motion was approved with all in favor. 5-0 21.C. Authorization to sign Memorandum of Agreement with NH DES The New Hampshire Department of Environmental Services has requested to use the second floor of the concession building at Robbie Mills Field on Eastman Road to install and operate an air monitoring station until December 31, 2033 (the agreement may be renewed with the consent of both parties). NH DES will be responsible for all costs related to the installation, maintenance and utility bills for the air monitoring station. A copy of the agreement is attached to the agenda. Councilor Bogert made a motion that we authorize the City Manager to sign the Memorandum of Agreement between the City of Laconia and New Hampshire’s Department of Environmental Services for the air monitoring station at Robbie Mills Field as presented. Seconded by Councilor Felch Discussion: Councilor Bogert asked if the second floor of the building is used for anything? Assistant Director Mansur explained this is a 4x4 locked box over in the corner, this area used to hold the equipment and does not take up much space the room is currently empty because it used to store the equipment for the Muskrats. Mike Little from NH DES Air Monitoring was present and spoke to the Council about their existing site on Green Street that will be closed soon, and they had been looking for a new space. Councilor Soucy asked about a gathering pole, Mike explained that it is just about the roof line and is enclosed for. Councilor Soucy asked about the new state building that is being built right across the street. He said yes, but that building won’t be built for another 3 years. Councilor Bogert asked about item #6 in the agreement where it states about trimming of trees. Mike responded that this agreement is a boilerplate agreement, and this appears on all of them. They would never trim any trees without permission from the city first.  site on Green Street that will be closed soon, and they had been looking for a new space. Councilor Soucy asked about a gathering pole, Mike explained that it is just about the roof line and is enclosed for. Councilor Soucy asked about the new state building that is being built right across the street. He said yes, but that building won’t be built for another 3 years. Councilor Bogert asked about item #6 in the agreement where it states about trimming of trees. Mike responded that this agreement is a boilerplate agreement, and this appears on all of them. They would never trim any trees without permission from the city first. The motion was approved with all in favor. 5-0 21.D. Acceptance and expenditure of unanticipated funds in the amount of $4,000 from Partnership for Public Health Partnership for Public Health is providing the City with $4,000 to be used for the Mayor’s Housing Taskforce strategic plan development and implementation. A letter from Partnership for Public Health is attached to the agenda. Acceptance of this donation will allow the Mayor’s Housing Taskforce to incorporate community health and safety prevention and education into its strategic plan and support. Councilor Felch made a motion to accept the donation from Partnership for Public Health as described above to be used for the Mayor’s Housing Taskforce strategic plan development and implementation. Seconded by Councilor Soucy Discussion: None. The motion was approved with all in favor. 5-0 22. UNFINISHED BUSINESS 22.A. 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 At the September 11, 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 Cheney made a motion to waive the reading of Resolution 2023-26 in its entirety and to read by title only. Seconded by Councilor Felch Discussion: None. The motion was approved with all in favor. 5-0  Hearing on this matter; that Public Hearing was held earlier in this evening’s agenda. Councilor Cheney made a motion to waive the reading of Resolution 2023-26 in its entirety and to read by title only. Seconded by Councilor Felch Discussion: None. The motion was approved with all in favor. 5-0 Councilor Felch made a motion to move a second 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 Bogert Discussion: None. The motion was approved with all in favor. 5-0 Councilor Soucy made a motion to approve 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, and to authorize the City Manager to sign all documents related to this grant. Seconded by Councilor Felch Discussion: None. The motion was approved with all in favor. 5-0 22.B. Ordinance 2023-59-12 - Amending Chapter 59, Parks and Recreation Commission, adding a new Section 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. At their September 11, 2023, meeting the City Council approved a motion to schedule a Public Hearing on this matter; that Public Hearing was held earlier in this evening’s agenda. At the September 11 meeting the Council did not hold a first reading of the Ordinance. Rule 28 (B) of the City Council Rules of Procedure states that “Any ordinance that imposes a penalty or appropriate funding shall require two readings prior to adoption. The second reading shall not be made at the same meeting at which the ordinance is introduced and read for the first time.” Ordinance 2023-59-12 includes language pertaining to violations and penalties, and therefore requires both a first and second reading. A motion for the first reading is provided below; the second reading and Council action will occur at the October 10, 2023 meeting. Councilor Cheney made a motion to waive a reading of Ordinance 2023-59-12 in its entirety and to read by title only. Seconded by Councilor Bogert Discussion: None. The motion was approved with all in favor. 5-0 Councilor Felch made a motion to move a first reading of Ordinance 2023-59-12 amending Chapter 59, Parks and Recreation Commission, adding a new section 59-12 – Parks and Recreation Commission Rules and Regulations. Seconded by Councilor Bogert Discussion: None. The motion was approved with all in favor. 5-0 22.C. Ordinance 2023-150-2, 150-3 - Fireworks Councilor Felch requested an update and discussion regarding current regulations governing  The motion was approved with all in favor. 5-0 22.C. 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. At their meeting on July 24, 2023, the City Council discussed proposed changes to the City’s Fireworks Ordinance and referred the matter to the Government Operations and Ordinances Subcommittee. The Subcommittee met on August 25th and recommended this matter be referred back to the full City Council. The proposed Ordinance incorporates the changes that have been discussed. Also attached to the agenda 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. At the September 11, 2023, meeting the City Council tabled this item. Councilor Soucy made a motion to take this item off the table. Seconded by Councilor Felch Discussion: None. The motion was approved with all in favor. 5-0 Councilor Felch made a motion to amend the proposed ordinance to add July 3 rd , seconded by Councilor Cheney Discussion: None. The motion was approved with all in favor. 5-0 Councilor Cheney made a motion to waive the reading of Ordinance 2023-150-2, 150-3 in its entirety and to read by title only. Seconded by Councilor Felch Discussion: None The motion was approved with all in favor. 5-0 Councilor Felch made a motion to move a first reading of Ordinance 2023-150-2, 150-3 relative to Fireworks as amended. Seconded by Councilor Bogert Discussion: None. The motion was approved with all in favor. 5-0 Councilor Soucy made a motion to schedule a Public Hearing on October 10, 2023 during the regular City Council meeting to gather public input prior to any action being taken. Seconded by Councilor Felch Discussion: None. The motion was approved 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.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 noted for the record that Mayor Pro tem Haynes did a great job this evening with his timeliness. 25. NON-PUBLIC SESSION (According to RSA 91-A:3, II) 26. ADJOURNMENT Mayor Pro tem Haynes adjourned the meeting at 8:04 PM Respectfully submitted, Katie Gargano, City Clerk