City Council

Minutes were approved on January 22, 2024, by the Laconia City Council. CITY OF LACONIA - CITY COUNCIL MEETING 7:00 P.M. 12/26/2023 - Minutes 1. CALL TO ORDER Mayor Hosmer called the meeting to order at 7:00 PM 2. SALUTE TO THE FLAG City Manager Beattie 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 via Zoom, and Councilor Felch. Mayor Hosmer noted he was attending via zoom due to personal reasons and he stated he was in the room alone. 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 December 11, 2023 Minutes of the Laconia City Council meeting of December 11, 2023 were distributed to the members of the City Council on December 12, 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 Charlie St. Claire of Ward 3 gave thanks to Councilor Lipman for all his hard work he has done for the city over the years. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 14. PRESENTATIONS 15. MAYOR'S REPORT Mayor Hosmer noted that the Council’s next meeting is Monday 1/8/23 for the inauguration and swearing in ceremony for the new mayor and Council, it is at 7pm at the Belknap Mill. He also said that Sen. Lang’s bill has been discussed previously with the Council and was attached to prior year bills and this year he has filed it as a stand-alone bill, there is a hearing scheduled for 1/9/24 at 1:40 PM in RM 143 at the state House with the Finance Committee. He urges anyone who can sign in to show support to the city is encouraged to do so. You can also sign in online or in person to support the bill. 16. COUNCIL COMMENTS Councilor Cheney spoke about the elderly exemptions that need to be reviewed and he thinks they need to be upgraded. Manager Beattie said those figures are being reviewed with the Assessing department. Councilor Cheney also asked about the repairs needed on Tower Hill. Manager Beattie said he spoke to the DPW Director and as it stands right now there are not issues seen now as they are settling, it will not disrupt the ability to plow the street and it will be reevaluated in the spring. Councilor Felch heard from a resident who wants to light off fireworks on New Year’s Eve, he stated when they put the ordinance through, New Year’s Eve is not listed as a holiday, so he is asking for an exception or for the Council to amend the current ordinance. Councilor Lipman said the Council is not in a place to simply amend the ordinance this evening because a public hearing would be required. The Council said all they could tell the resident is that they can be shot off at midnight when it will be the holiday. Councilor Haynes spoke about the employee luncheon; he said it was very well attended and he thanked all employees who participated and the staff who set it all up. 17. COMMITTEE REPORTS 17.A. FINANCE (Lipman (Chair), Soucy, 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.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 (Bogert, 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) Chairman Haynes said at their most recent meeting, they had 4 items on the agenda. Two are on the agenda tonight so he is not going to talk about those, but the other 2 items are asbestos being delivered to the transfer station, and additional trash containers being obtained. The committee gave the ok to the City Manager to look into the options for additional trash containers and he will be reporting back to the committee. 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 19. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Charlie St. Clair spoke about the fireworks inquiry that the council received. He hopes the Council will review this in a quick manner. He also spoke about The Martin Luther King Day Parade, he requests that whoever places the barricades, that they are not put up at 10am, they wait until closer to the event start time. Rev Judith Wright Unitarian universalist church, and of the human relations committee spoke about the request for the temporary traffic order for the Martin Luther King Jr. Day march. The event is from 1-4pm in front of the Colonial, and the march starts at 4pm. They walked the route, and it took about 8 minutes so they are guessing it would take about a half hour total. This event is being held on Sunday January 14, 2024. Patrick Wood of ward 3 gave thanks to Councilor Lipman and he spoke on the flag policy that is on tonight’s agenda. 20. CITY MANAGER'S REPORT 20.A. Project Updates Report Manager Beattie went over the projects update: New items are the road projects that are complete for this year, they are beginning estimates for next year. The Elm Street project is still being working on, they are finalizing the multi-use trail to go up the side, there is drainage needed. The 20. CITY MANAGER'S REPORT 20.A. Project Updates Report Manager Beattie went over the projects update: New items are the road projects that are complete for this year, they are beginning estimates for next year. The Elm Street project is still being working on, they are finalizing the multi-use trail to go up the side, there is drainage needed. The Weirs Tif is looking for an update on the dock reconfiguration. Due to rising costs the project has more than doubled so they are looking into whether they can increase the grant. There is a weirs beach restoration meeting in the works with DES and Manager Myers. Councilor Lipman noted he recommended that a professional is hired for the beach restoration project, he also noted the possible sale of the state school should be included with this report and it should state what technical aspects are needed from the city. Mayor Hosmer asked Councilor Lipman about the Mitchell Group getting involved and Councilor Lipman stated he wants to see a team built, Councilor Cheney strongly supports Councilor Lipman’s comments. Councilor Soucy would like to see a motion from the Council on this issue and he’d like to know where these costs are going to come from in the budget. He stated that there may be a law firm in Salem that is familiar with a project similar to the proposed state school project. Councilor Soucy made a motion to have the city manager begin a process of due diligence to identify a few law firms that can represent the city during the initial phases of the state school project with the approximate costs of what it would be to hire them. Seconded by Councilor Cheney. Discussion: Councilor Lipman amended the motion to add and the planning support that will be needed for the project. The amendment was seconded by Councilor Cheney, there was no further discussion. Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Yes Councilor Bogert: Yes Councilor Felch: Yes The motion passed as amended with all in favor. 6-0 20.B. Monthly Economic Development Report Manager Beattie went over the report with the Council, noting the unemployment rate, and the inflation amount for the month of November is 4.2%. Other items he was asked to look into from past meetings were the impact fees with the Planning Department, these are still being reviewed since we have had a change in staffing. He was also asked to review 79: E to see if it is transferable between owners, that item is also still being investigated. 21. NEW BUSINESS 21.A. Request to set the polling hours for the state Presidential primary election being held on January 23, 2024 from 7:00 am to 7:00 pm Per RSA 659:4 “At all state elections in towns and cities the polls shall open not later than 11 o'clock in the morning and shall close not earlier than 7 o'clock in the evening. In cities, the city council shall determine the polling hours no later than 30 days prior to a state election”. These hours are consistent with prior State and Federal Elections held in Laconia. Councilor Soucy made a motion to approve the polling hours for the State Presidential Primary Election being held on January 23, 2024, respectively from 7:00 AM to 7:00 PM. Seconded by Councilor Cheney Discussion: Councilor Lipman noted these hours are consistent with prior State and Federal Elections held in Laconia. Roll Call:  Election being held on January 23, 2024, respectively from 7:00 AM to 7:00 PM. Seconded by Councilor Cheney Discussion: Councilor Lipman noted these hours are consistent with prior State and Federal Elections held in Laconia. Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Yes Councilor Bogert: Yes Councilor Felch: Yes The motion passed with all in favor. 6-0 21.B. Appointment of Mark Haynes as Selectman for Ward 4 Per Laconia City Charter Section 2.05 “…..All vacancies in the office of Moderator, Ward Clerk or Selectman shall be filled by the City Council.” The regular appointment will be valid until end of December 2025 after the next City Election in November 2025. Councilor Felch made a motion to appoint Mark Haynes as Selectman for Ward 4, with a term expiring at the end of December,2025. Seconded by Councilor Cheney. Discussion: None. Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Recused Councilor Bogert: Yes Councilor Felch: Yes The motion passed with 5 in favor. 5-0 Councilor Haynes recused himself. 21.C. Temporary Traffic Order 2023-18 - Martin Luther King solidarity march The Laconia Human Relations Martin Luther King, Jr. Subcommittee is holding a Martin Luther King celebration event at the Colonial Theatre on January 14, 2024. This event will feature interactive artistic music and speakers. At the conclusion of the event at 4:00 pm there will be a solidarity march in the downtown area as outlined in the attached Temporary Traffic Order and as shown on the attached map. The Martin Luther King, Jr. Subcommittee is requesting a waiver of City fees associated with this solidarity march. The Special Events Review Committee will be addressing this request at their January 3, 2024, meeting. Councilor Soucy made a motion move to approve Temporary Traffic Order 2023-18 for the Martin Luther King Solidarity March to be held on January 14, 2024, pending Special Events Review Committee approval, and to waive City fees associated with this event. Seconded by Councilor Haynes. Discussion: Councilor Cheney is looking to include in the approval that the closure of Main Street is cut to a minimum. Councilor Cheney made an amendment to the motion that the streets are not to be closed no more than 15 minutes prior to the beginning of the event. The amendment was seconded by Councilor Felch. Further Discussion: Mayor Hosmer would like to see the downtown businesses notified whether it be a letter or door to door. Councilor Lipman noted this event is being held on a Sunday and many of the businesses are closed. Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes  Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Yes Councilor Bogert: Yes Councilor Felch: Yes The motion passed as amended with all in favor. 6-0 21.D. Request by Waste Management to amend the Transfer Station Operating Agreement due to cost associated with processing large quantities of recycling On December 6, 2023, Waste Management requested to enter negotiations to amend the transfer station operating agreement to establish a fee for handling and processing bulk recycling that is brought by businesses to the transfer station. Up until 2017 processing curbside recycling was free as the value of the recycling product covered the cost of transporting and processing the product. The City has always been charged a fee to handle and process the recycling brought to the residential recycling area at the transfer station. Resident recycling dropped off at the transfer station has been a loss leader for Waste Management as it is a fixed fee that is just adjusted for inflation and fuel costs once per year. The current cost to the City for residential recycling brought to Transfer Station’s recycling area was $77.15/ton in November. Waste Management processed 75 tons in Fiscal Year 2023. For comparison, the cost to the City for Casella’s processing curbside recycling has been between $127 and $152/ton for the past 12 months and they processed 826 tons in FY 2023. With the conversion to automated collection, businesses with a trash dumpster no longer have their recycling collected at the curb and those businesses without a dumpster are limited to 4 containers. Businesses are bringing truckloads of recycling which is not appropriate to offload into the residential recycling containers at the transfer station. The City does not charge for these loads and since there is not a fee in the operating agreement, Waste Management has not been charging for the material. The amount of material has become significant and Waste Management is requesting to enter into negotiations to establish a formula similar to Casella’s where the fee is based on the value of the recycling product. Casella’s changes monthly. Waste Management’s proposal is to change their fee every 6 months to minimize changes to the Transfer Station’s fee schedule. Their proposal would establish two fees, they are: · Single stream recycling brought to the transfer station by truck. o Waste Management’s fee if it was in effect at this time would be $160.68/ton. o For comparison Casella’s fee for processing recycling for the month of November was $135.14. · Corrugated cardboard brought to the transfer station by truck. o Waste Management’s fee if it was in effect at this time would be $144.72/ton This matter was discussed by the Public Works Subcommittee and, if approved by the full City Council, the City Manager will enter into negotiations to establish a fee for bulk recycling as recommended. Businesses would have the option of contracting for a recycling dumpster if that was more cost effective. Small quantity residential recycling brought to the transfer station’s recycling area would still be free. Councilor Cheney made a motion that we authorize the City Manager to begin negotiations with  Businesses would have the option of contracting for a recycling dumpster if that was more cost effective. Small quantity residential recycling brought to the transfer station’s recycling area would still be free. Councilor Cheney made a motion that we authorize the City Manager to begin negotiations with Waste Management to establish a recycling fee for bulk recycling brought to the transfer station. Seconded by Councilor Felch. Discussion: Councilor Lipman asked if this was an unexpected cost related to the switch to the new automated system. Manager Beattie confirmed. Councilor Bogert asked if this is the fee the city is paying, or what the customer is being charged. Manager Beattie said this is a fee that City pays Waste Management. At this point there is no charge to the customer, but this is what needs to be looked into when they have these conversations. Manager Beattie said this is not intended for the households bringing up recycling but the bulk truck loads of recycling being brought up at one time. Councilor Lipman asked if the subcommittee has brought up any ideas of cost for this item. At this point they do not have a cost to present to the Council. Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Recused Councilor Bogert: Yes Councilor Felch: Yes The motion passed with all in favor. 6-0 21.E. Request to schedule two public hearings for the Community Development Finance Authority Councilor Felch made a motion to schedule a Public Hearing on January 22, 2024, during the regular City Council meeting regarding a proposed application to the Community Development Finance Authority for up to $350,000 in CDBG Public Facility Funds. Of the grant funds, up to $25,000 will be retained by the City for administrative/labor compliance costs associated with the project, up to $330,000 of the funds will be sub granted to Boys and Girls Club of Central NH for improvements, including handicap accessibility, to the Lakes Region Early Learning Center playground, 22 Strafford Street, Laconia. The majority of children at the LRELC are from low- and moderate-income households. Seconded by Councilor Soucy Discussion: None Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Recused Councilor Bogert: Yes Councilor Felch: Yes The motion passed with all in favor. 6-0 Councilor Soucy made a motion to schedule a Public Hearing on January 22, 2024, during the regular City Council meeting regarding the Anti-displacement and Relocation Assistance Plan for the Lakes Region Early Learning Center playground improvement project. Seconded by Councilor Haynes Discussion: None Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Recused Councilor Bogert: Yes Councilor Felch: Yes The motion passed with all in favor. 6-0  Councilor Lipman: Yes Councilor Haynes: Recused Councilor Bogert: Yes Councilor Felch: Yes The motion passed with all in favor. 6-0 22. UNFINISHED BUSINESS 22.A. City of Laconia Flag Policy Both the Laconia City Council and the Government Operations and Ordinances Subcommittee have discussed the City’s flag policy on several occasions. At the December 11, 2023 Council meeting Councilor Soucy distributed a copy of the Laconia Human Relations Committee’s most recent draft of a flag policy. Mayor Hosmer requested this be included on this evening’s agenda. This item remains on the table. Councilor Felch made a motion to take this item off the table. Seconded by Councilor Haynes. Roll Call: Councilor Cheney: Yes Councilor Soucy: No Councilor Lipman: Yes Councilor Haynes: Recused Councilor Bogert: No Councilor Felch: Yes The motion passed with 4 in favor. 4-2 Manager Beattie passed around the December draft of the flag policy. Chairman Soucy said that this was passed out to the Council at the last meeting. Councilor Lipman stated he appreciated the work that has gone into this policy but he cannot support this policy. He thinks the City Council Should not entertain any other flags other than the American flag, the NH State Flag, the City of Laconia Flag and the POW flag. It is not anything, he is not against any group, but with what is going on in this society he doesn’t think we should be getting involved. He understands that people have the right to express their views on their own property but he doesn’t think the city should get involved. Councilor Felch asked what the difference is between telling the council they have a policy versus not having a policy at all. This was worked on with the committee over several meetings and he feels this is better than having nothing. There was further discussion between the Mayor and Councilor Lipman about different things already supported by the city and if they should continue to be supported and various events being held. Councilor Cheney said he thought this was an evening to discuss potential changes and then it will be sent back to the committee to finalize before sending it to legal for a final review. Further discussion continued with Councilor Bogert and Councilor Haynes asking about certain sections in the policy. Patrick Wood of the Human Relations Committee responded to the sections in question. Councilor Lipman stated he is not changing his mind and wants to leave well enough alone. Councilor Soucy made a motion to table. Seconded by Councilor Cheney, the motion was nondebatable. Roll Call:  Councilor Lipman stated he is not changing his mind and wants to leave well enough alone. Councilor Soucy made a motion to table. Seconded by Councilor Cheney, the motion was nondebatable. Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Yes Councilor Bogert: Yes Councilor Felch: No The item was tabled with 5 in favor. 5-1 The policy will return back to the Government Ordinance and Operations Subcommittee. 22.B. Proposal to increase Transfer Station fees due to increase in disposal costs Councilor Cheney made a motion to take this off the table. Seconded by Councilor Felch. Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Yes Councilor Bogert: Yes Councilor Felch: Yes The motion passed with all in favor. 6-0 Manager Beattie discussed the issue with the Council. The recommended increases on January 1 st only affect the disposal fees to people from outside Laconia. In the next budget all fees will be impacted. Councilor Soucy made a motion to waive the reading of Ordinance 2024-194-16,194-24 relative to an increase in Transfer Station fees, in its entirety and to read by title only. Seconded by Councilor Felch. Discussion: None. Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Yes Councilor Bogert: Yes Councilor Felch: Yes The motion passed with all in favor. 6-0 Councilor Felch made a motion to move a first reading of Ordinance 2024-194-16,194-24 relative to an increase in Transfer Station fees.” Seconded by Councilor Haynes. Discussion: Councilor Lipman is going to vote in favor to help move things forward, but he wonders if in the future we should stick to 60/40 split. He doesn’t want to subsidize the costs on the taxpayers for the result of the commercial haulers. He also doesn’t think that they have gotten to what the real cost is, he thinks there is still more work to be done. Councilor Soucy agreed with Councilor Lipman on the commercial side of transfer station, none of it should be subsidized to the taxpayers. Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes  transfer station, none of it should be subsidized to the taxpayers. Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Yes Councilor Bogert: Yes Councilor Felch: Yes The motion passed with all in favor. 6-0 Councilor Felch made a motion to schedule a Public Hearing on January 22, 2024, during the regular City Council meeting to gather public input prior to any action being taken. Seconded by Councilor Haynes. Discussion: None. Roll Call: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Lipman: Yes Councilor Haynes: Yes Councilor Bogert: Yes Councilor Felch: Yes The motion passed with all in favor. 6-0 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) 26. ADJOURNMENT Mayor Hosmer adjourned the meeting at 8:25 PM. Respectfully Submitted, Katie Gargano, City Clerk Katie Gargano, City Clerk