City Council

Minutes were approved on October 23, 2023, by the City Council. CITY OF LACONIA - CITY COUNCIL MEETING City Hall - Armand A. Bolduc City Council Chamber 7:00 P.M. 10/10/2023 - Minutes 1. CALL TO ORDER Mayor Hosmer called the meeting to order at 7:03 PM 2. SALUTE TO THE FLAG Councilor Bogert 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 Lipman, Councilor Haynes, Councilor Bogert, and Councilor Felch. All six Councilors were 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 25, 2023 Minutes of the Laconia City Council meeting of September 25, 2023 were distributed to the members of the City Council on October 4, 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 No one from the public 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 - Ordinance 2023-150-2, 150-3 - Fireworks Notice of this Public Hearing was made available in the September 28, 2023 edition of the Laconia Daily Sun, and posted at the Laconia City Hall, Laconia Community Center, Laconia Public Library and the offices of the SAU. Action on this item may be taken up under Unfinished Business. Mayor Hosmer opened the Public Hearing at 7:05 PM No one from the public wished to speak. Mayor Hosmer closed the Public Hearing a 7:05 PM 14. PRESENTATIONS 15. MAYOR'S REPORT Mayor Hosmer thanked Councilor Haynes for filling in for him at the last meeting. He also thanked all the councilors, members of police, fire and other city departments who attended the vigil on Sunday. He looks forward to speaking with members of the community in the future about how these acts will not be tolerated in Laconia. He also mentioned in the upcoming weeks there may be some proposals brought forth to the council regarding this. 16. COUNCIL COMMENTS Councilor Cheney read a letter to the council regarding a recent letter to the editor, the letter is attached to the hardcopy of the minutes in the City Clerk’s Office. Councilor Bogert read a letter to the council regarding a recent letter sent to the editor in defense to Councilor Cheney. He is very disappointed in Lakes Region Mental Health, and he feels that public attacks like this one will deter future citizens from wanting to volunteer their time to various boards and committees in the community. Councilor Soucy said that he has worked with Councilor Cheney for several years, and he has never seen him show any bias or be discriminatory. He prides himself on being a part of this Council, there may be disagreements, but they always work through them. Councilor Haynes said that he knows this is an issue that has been a topic of the city for some time, and it has divided a community, and it has divided a neighborhood. He has had the privilege of working with Councilor Cheney for several years and he thinks things have been taken out of context, people have misunderstood what people meant to say and he feels there are merits on both sides, but it needs to come to an end. It is detrimental to the community. 17. COMMITTEE REPORTS 17.A. FINANCE (Lipman (Chair), Hamel, Cheney) Chairman Lipman scheduled a finance subcommittee meeting on 10/23/23 at 6:15 PM. The purpose of the meeting is to meet with management to discuss pending financing approvals. Manager Beattie said they have been getting some RFPs in and are working on a package for the committee. 17.A.i. WOW Trail Funding  Chairman Lipman scheduled a finance subcommittee meeting on 10/23/23 at 6:15 PM. The purpose of the meeting is to meet with management to discuss pending financing approvals. Manager Beattie said they have been getting some RFPs in and are working on a package for the committee. 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) Chairman Soucy noted that the Government Operations and Ordinances subcommittee will meet this Friday on 10/13/23 at 4PM. 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 spoke about Lakes Region Public Access, they have moved into their new location, they have held their first meeting there and the new space is working out great. 19. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS No one from the public wished to speak.  have held their first meeting there and the new space is working out great. 19. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS No one from the public wished to speak. 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 permits are in line with where we have been over the last 2 years, fire calls are normal, public assistance is higher this month because there have been some housing expenses that should come off next month because they have found stable housing for those people. The police data now has a 10-year average on their statistics. Property tax collection, motor vehicle revenue is all where it should be. The overtime numbers are down which means we have better staffing to help, impact fees still show high because the money that has been approved has not been invoiced yet. Code statistics permits are down but inspections are up compared to last year. EMS billings were not reviewed because the data was not available, and the fire department is working on it with the software vendor. Councilor Haynes thanked Manager Beattie for the PA system that was used on Sunday at the vigil. He also asked if the manager could send out an email to the department heads who deal with the boards and committees, to remind the members to speak into the microphone during a meeting and not be leaning back in their chairs speaking away from the microphone. It makes it very difficult to hear the recorded meetings. He was glad the Planning Board Chair was also in attendance tonight because that is the meeting he had the most difficulty hearing. Councilor Bogert asked about the expendable trust balances on page 4- are they interest bearing accounts? Finance Director Smith confirmed yes, they are. Councilor Bogert asked how does the interest get divided? Director Smith said they are all separate accounts that are managed by the trustees of the trust funds with the public deposit insurance pool. Councilor Lipman clarified that the non-capital reserve account is within the city accounting system and is controlled by the Council. They are non-restricting accounts that are meant to be accessible to assist with large costs that would be difficult to fund with the tax cap. They are not trust fund accounts like the putnum account and cemetery trustee accounts. Mayor Hosmer asked if all these funds were in PDIP? Director Smith confirmed they are as of now, based off the direction given by the trustees of the trust funds. This currently is giving the greatest return and is determined at their quarterly meeting. Mayor Hosmer stated that he’d like to speak on this subject at a later date in more detail. Councilor Cheney asked the City Manager where they stood on Jane Street. A neighbor reached out and said that they were no longer going to get their road paved or have their trash picked up anymore. Manager Beattie said he’d put a package together for the next meeting on where we stand with those streets. 21. NEW BUSINESS 21.A. Temporary Traffic Order 2023-16 - NH Pumpkin Festival The 2023 NH Pumpkin Festival is scheduled for October 27 and October 28, 2023. Temporary Traffic Order 2023-16 is attached to the agenda for the Council’s review and approval. Manager Beattie explained the plan. The main part of the festival will be in the rotary park/ the City Hall Parking lot. This also includes a section of Veteran’s Square. Access will be limited to City Hall on Friday 10/27/23 after 12:30 PM. This time is needed for proper set up time. Councilor Bogert asked if he was understanding the map correctly that main street will be open to north main street, Manager Beattie confirmed. The closures will be Beacon Street East, Hanover Street and Canal Street. Councilor Cheney made a motion to approve Temporary Traffic Order 2023-16 for the 2023 NH  Councilor Bogert asked if he was understanding the map correctly that main street will be open to north main street, Manager Beattie confirmed. The closures will be Beacon Street East, Hanover Street and Canal Street. Councilor Cheney made a motion to approve Temporary Traffic Order 2023-16 for the 2023 NH Pumpkin Festival as presented. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 6-0 21.B. Acceptance of funds from the Community Action Program for Belknap/Merrimack Counties, Inc. in the amount of $4,262 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 City is requesting acceptance of $4,262 from the Community Action Program for Belknap/Merrimack Counties, Inc. The funds will be used for the purpose of expanding the City’s sanitation capabilities for the unhoused. Councilor Cheney made a motion to accept the amount of $4,262 from the Community Action Program for Belknap/Merrimack Counties, Inc. as presented. Seconded by Councilor Bogert Discussion: None The motion passed with all in favor. 6-0 21.C. Resolution 2023-28 - Relative to acceptance of "InvestNH Municipal Per Unit Program" grant in the amount of $810,000 The City has been awarded a grant in the amount of $810,000 from the NH Department of Business and Economic Affairs “InvestNH Municipal Per Unit Program”. The grant funds are in relation to the approvals of the Village at Province Street, 244 Province Street project. City Manager Beattie provided further details and information. This is in regards to the 3 buildings being built, their building permit has been pulled, they are still in need of their 2 nd exit, which is being worked on. There is no local matching fund requirement associated with acceptance of these funds. Councilor Cheney made a motion to waive a reading of Resolution 2023-28 relative to acceptance of “InvestNH Municipal Per Unit Program” grant in the amount of $810,000. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 6-0 Councilor Haynes made a motion to move a first reading of Resolution 2023-28 relative to acceptance of “InvestNH Municipal Per Unit Program” grant in the amount of $810,000. Seconded by Councilor Felch Discussion: None. The motion passed with all in favor. 6-0 Councilor Soucy made a motion to schedule a Public Hearing on October 23, 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. 6-0 21.D. Resolution 2023-29 - Relative to a proposed boundary line adjustment between Pemaco Realty Holdings LLC and the City of Laconia PEMACO Realty Holdings LLC has approached the City of Laconia regarding a proposed boundary line adjustment between their building located at 622-634 Main Street, and the Pleasant Street 21.D. Resolution 2023-29 - Relative to a proposed boundary line adjustment between Pemaco Realty Holdings LLC and the City of Laconia PEMACO Realty Holdings LLC has approached the City of Laconia regarding a proposed boundary line adjustment between their building located at 622-634 Main Street, and the Pleasant Street parking lot. The building is located to the south of the Pleasant Street parking lot, and directly abuts the sidewalk between the parking lot and the PEMACO Building. As part of the renovations for the building, which will house the Misiaszek Turpin Architectural firm, three apartments, as well as other businesses which are TBD, it is required that an elevator be installed. Due to the layout of the building, the most feasible plan is to construct an elevator on the north side of the building which would encroach onto the current sidewalk. The boundary line adjustment and reconfiguration of both the Pleasant Street parking lot, and on-street parking, would increase the total available parking from 87 to 93. Please refer to the maps attached to the agenda showing the current and proposed configuration of the requested boundary line adjustment. In accordance with City Code Sections 183-7 and 183-8, the Resolution as presented is requesting the City Council determine that 621 square feet of tax map parcel number 432-186-5, as depicted in the attached diagrams, be declared surplus. Please note that a two-thirds vote of the Council is required for any vote relative to this matter. Councilor Cheney made a motion to waive a reading of Resolution 2023-29 in its entirety and to read by title only. Seconded by Councilor Soucy Discussion: Councilor Lipman asked about the increase in parking spaces. The motion passed with all in favor. Councilor Cheney made a motion to move a first reading of Resolution 2023-29 relative to a proposed boundary line adjustment between Pemaco Realty Holdings LLC and the City of Laconia. Seconded by Councilor Soucy Discussion: None The motion passed with all in favor. 6-0 Councilor Bogert made a motion to schedule a Public Hearing on October 23, 2023 during the regular City Council meeting regarding Resolution 2023-29 relative to a proposed boundary line adjustment between Pemaco Realty Holdings LLC and the City of Laconia and declaration of a portion of the City’s property at Tax Map 432-186-5 as surplus. Seconded by Councilor Soucy Discussion: None The motion passed with all in favor. 6-0 21.E. Discussion relative to providing funds to help build a kitchen at the Laconia Senior Center The Laconia Senior Center has been conducting fundraising for an upgrade to a commercial grade kitchen at their Main Street location. The Center currently has a small kitchen but until it has a commercial kitchen in place, state law limits how many meals can be cooked and distributed to the City’s retired population through the Meals on Wheels program. The Center serves only catered meals at the Center four times a month. At the September 25, 2023 City Council meeting, Councilor Cheney asked the Council to instruct the City Manager to look into assisting the Senior Center with funding for the purpose of building the kitchen. Councilor Cheney noted that he and they City Manager have been to the senior center and seen the space. It is tight and they put out a lot of meals in house and through the meals on wheels program. Mayor Hosmer is wondering if the director can come to the council to present their plans. Councilor Cheney would like to see a show of support from the council tonight to encourage them to  Councilor Cheney noted that he and they City Manager have been to the senior center and seen the space. It is tight and they put out a lot of meals in house and through the meals on wheels program. Mayor Hosmer is wondering if the director can come to the council to present their plans. Councilor Cheney would like to see a show of support from the council tonight to encourage them to make a plan and a presentation. Councilor Soucy said he thinks the Manger gave some ideas of where the funding could come from. Manager Beattie has some ideas on where the funding could come from depending on the amount. Councilor Lipman agrees with the mayors suggestion he’d like to hear their plan and see what they think their future looks like, if an expansion is needed. He also explained the special connection between the city and the Senior Center. Councilor Soucy said he believes the state pays their rent. The mayor reiterated there is support from the Council, they would like to see a plan. 22. UNFINISHED BUSINESS 22.A. 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. At the September 25, 2023 City Council meeting a motion was approved to schedule a Public Hearing; that Public Hearing was held earlier in this evening’s agenda and no one from the public spoke. Councilor Soucy said this topic came through the subcommittee and they had all their questions answered. Councilor Cheney made a motion to waive a reading of Ordinance 2023-150-2, 150-3 in its entirety and to read by title only. Seconded by Councilor Haynes Discussion: None The motion passed with all in favor. 6-0 Councilor Soucy made a motion to move a second reading of Ordinance 2023-150-2, 150-3 relative to Fireworks. Seconded by Councilor Cheney Discussion: None. The motion passed with all in favor. 6-0 Councilor Soucy made a motion to approve Ordinance 2023-150-2, 150-3 relative to Fireworks as presented. Seconded by Councilor Bogert Discussion: None. The motion passed with all in favor. 6-0 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.  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 September 11, 2023 meeting the City Council approved a motion to schedule a Public Hearing on this matter; that Public Hearing was held at the September 25, 2023, City Council meeting. 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 first reading of the Ordinance was approved at the September 25, 2023, Council meeting. A motion for a second reading is provided below. Councilor Cheney brought up the question about penalties and that needs to be checked. Councilor Lipman had questions about the bicycle limit and the disruption to the turf. This needs to be defined more and looked at again. Council Soucy made a motion to table, seconded by Councilor Cheney. The motion is nondebatable. The item was tabled. 22.C. 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, a letter was sent out by certified mail to all of the property owners on Pickerel Pond Road. A Public Hearing on this matter was held at the September 11, 2023, City Council meeting. At that meeting a motion was approved to table this matter to a future meeting. Councilor Soucy made a motion to take this item off the table. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 5-0 Councilor Cheney has recused himself. Councilor Soucy wants to clarify where we are at, Councilor Lipman made a motion to accept Pickerel Pond Road as is. Seconded by Councilor Soucy. Discussion: Mayor Hosmer noted that just because the City accepts the road and deems it a public road does not mean that construction begins immediately to fix and reconstruct the road. It is now eligible to be put in the que with all the other city roads. The motion passed with all in favor. 5-0 Councilor Cheney has recused himself. 22.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. 22.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: · 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. · 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 chart compares current fees versus predicted costs: Type waste Current Fee Current disposal Predicted cost Predicted cost Predicted cost costs on Jan 1, 2024 on July 1, 2024 on Jan 1, 2025 Laconia $105 $102.69 $106.85 $107.85 $112.02 Household Waste (MSW) Gilford $110 $102.69 $106.85 $107.85 $112.02 Household waste (MSW) Laconia $150 $124.69 $124.69 $131.21 $131.21 Construction debris Gilford $150 $124.69 $124.69 $131.21 $131.21 Construction debris Attachment 2 has additional details on predicted costs of disposing of solid waste. Public Works requests guidance on which of the following concepts to use in preparing a request for a fee increase to take effect in December 2023: 1. A significant increase in the fees this fall so that fees will not have to be raised over the next two or three years. 2. Approve a new fee structure each fall for the next calendar year. 3. Establish a fee based on disposal costs plus a fixed overhead fee to fund the costs of operating 1. A significant increase in the fees this fall so that fees will not have to be raised over the next two or three years. 2. Approve a new fee structure each fall for the next calendar year. 3. Establish a fee based on disposal costs plus a fixed overhead fee to fund the costs of operating the Transfer Station. An example of a fixed fee for household waste: Description Total Disposal 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 Total Fee $115 $120 The City Council at the September 11, 2023, Council meeting asked staff to determine if the revenue generated by the Transfer Station fees are sufficient to pay for the expenses associated with operating the Transfer Station. Staff analyzed the FY 2023 revenues and expenses for the solid waste program and determined that the Transfer Station’s revenue exceeded its expenses by $162,281 (attachment 1 on the agenda). A motion was approved at the September 11, 2023, City Council meeting to table this item. Staff recommends concept #3 as it establishes a method to ensure that fees always exceed expenses for solid waste brought to the Transfer Station by paying customers. Councilor Bogert made a motion to take this item off the table. Seconded by Councilor Haynes. The motion passed with all in favor. 6-0 The item was taken off the table. Discussion: Councilor Bogert asked about option 3, it shows waste management costs increasing the overhead costs would stay the same. He wondered why he wasn’t increasing the overhead costs at the same time. Director Anderson explained this was an example, he wanted the Council to review the options and let him know which one they prefers and he will create a package to present to the council based off the option they choose. Councilor Lipman mentioned setting a fee and forgetting about it is something that has happened in the past, he thinks that this should be visited annually given the volatility in this space. Mayor Hosmer said that we should be charging for the costs of disposal along with tipping and personnel costs, and not subsidizing the costs. Director Anderson asked if option 3 was the choice of the council, they said no they want to see a plan that covers all the costs, and it is reviewed annually. Mayor Hosmer said at the end of the year they should be able to balance the account and see where they stand on if adjustments are needed and not be playing catch up. Councilor Soucy made a motion to table, seconded by Councilor Bogert. The motion is nondebatable.  Director Anderson asked if option 3 was the choice of the council, they said no they want to see a plan that covers all the costs, and it is reviewed annually. Mayor Hosmer said at the end of the year they should be able to balance the account and see where they stand on if adjustments are needed and not be playing catch up. Councilor Soucy made a motion to table, seconded by Councilor Bogert. The motion is nondebatable. The item is tabled. Attachments to the agenda: 1. Analysis of solid waste revenues and expenses for FY 2023 2. Details on predicted costs of disposing of solid waste 22.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 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 four 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 (drive offs) from about one per quarter to an average of one per weekend. Most residential customers with only household waste incur charges that 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: 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. The City Attorney has reviewed the proposed changes and concurs with the changes.  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. The City Attorney has reviewed the proposed changes and concurs with the changes. The Government Operations and Ordinance Subcommittee considered the proposal at their September 22, 2023 meeting and recommended that the Ordinance be approved. Public Works recommends that the City Council schedule a public hearing on October 23, 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. Manager Beattie stated that this item is on the table. Councilor Bogert made a motion to take this item off the table, Seconded by Councilor Felch. The motion failed. 4-2 with Councilors Cheney, Soucy, Lipman and Haynes opposed. The item remains on the table. 23. FUTURE AGENDA ITEMS 23.A. Master Plan 23.B. Milfoil Treatment funding requests 23.C. Sewer & Water Master Plan 23.D. Single Stream Recycling/Concord Co-op/Solid Waste disposal cost reductions 23.E. Strategic Planning/Goal Setting 23.F. WOW Trail 23.G. Weirs Beach Restoration Project 23.H. Fair St/Court St traffic problems and accidents 24. Any other business that may come before the Council 25. NON-PUBLIC SESSION (According to RSA 91-A:3, II) 26. ADJOURNMENT Mayor Hosmer adjourned the meeting at 8:13 PM Respectfully submitted, Katie Gargano, City Clerk Katie Gargano, City Clerk