City Council

Minutes were approved by the Laconia City Council on February 12, 2024. CITY OF LACONIA - CITY COUNCIL MEETING City Hall - Armand A. Bolduc City Council Chamber 7:00 P.M. 1/22/2024 - Minutes 1. CALL TO ORDER Mayor Hosmer called the meeting to order at 7:14 PM 2. SALUTE TO THE FLAG Councilor Hoffman 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 Hoffman, Councilor Haynes, Councilor Bogert and Councilor Felch. Mayor Hosmer noted that all councilors were in attendance and 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. City Council regular meeting minutes of December 26, 2023 With no corrections or changes submitted to the Clerk, the minutes were accepted as distributed. 7.B. City Council regular meeting minutes of January 8, 2024 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 Melanie Flanagan of Allan Ave in Laconia, she is here to express concern over the potential of a casino coming to the weirs. She noted all the great assets that the Weirs currently has and its historic value, she noted that this would no longer be a family destination if it’s allowed, and this would be a decision that could not be undone. Shawn Flanagan of Allen Ave, he feels the weirs area is a historic destination and he’d like to see more tourists to be attracted to the area. But the impact on parking and traffic may make a significant impact on the area if a casino is allowed in the area.  noted that this would no longer be a family destination if it’s allowed, and this would be a decision that could not be undone. Shawn Flanagan of Allen Ave, he feels the weirs area is a historic destination and he’d like to see more tourists to be attracted to the area. But the impact on parking and traffic may make a significant impact on the area if a casino is allowed in the area. Charlie St. Claire of ward 3 asked a question to the Council about a presidential candidate coming to the City for a rally. He wanted to know if there is a cost that is associated with the event, and he wanted to make sure that it is not paid for by the taxpayers. Manager Beattie confirmed that the organizer will be billed for all costs incurred. Councilor Cheney stated he’d like to see a process where the payment is collected in advance. Mayor Hosmer asked Manager Beattie to publicly announce the costs incurred for the event, to post it online and to confirm when the payment is made. Patrick Wood, Chair of the Human Relations Committee, thanked the city for their support of the Martin Luther King March that was held on January 14, 2024. George Winchell from Ward 1 asked where the casino approval was in the process. Manager Beattie said there are 2 phases in the process, one is the application process with the business owner, which has 6–9 months left of the application process. The 2 nd process is with the City working with the City attorney because the city does not have any gaming specific ordinances. This still has to go through the Planning Board as well. The estimated time of 6-10 months on both sides. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Public Hearing - A proposed application to the NH Community Development Finance Authority for CDBG funds for improvements at the Boys and Girls Club of Central NH - Lakes Region Early Learning Center playground Community Development Block Grant funds are available to municipalities through the NH Community Development Finance Authority. Up to $500,000 annually is available for Economic Development Projects, up to $500,000 for Housing Projects, up to $500,000 for Public Facility Projects, up to $350,000 in Emergency Funds, and up to $25,000 per Planning Study grant. All projects must directly benefit a majority of low- and moderate-income persons. This is 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 the 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. This project conforms with Laconia’s Housing and Community Development Plan’s goals of: Promote activities that protect the health and safety of residents and visitors (Short-term and Long- term goal) Notice of the public hearing was made available in the January 8, 2024, edition of the New Hampshire Union Leader, in the January 6, 2024, edition of the Laconia Daily Sun, and posted at Laconia City Hall, the Laconia Parks & Recreation Community Center, offices of the SAU and Laconia Public Library. Action on this item will be taken up under Unfinished Business. Mayor Hosmer opened the public hearing at 7:30 pm and asked for public comment. Donna Lane from the CDBG stated that there was a handout at the front door.  Action on this item will be taken up under Unfinished Business. Mayor Hosmer opened the public hearing at 7:30 pm and asked for public comment. Donna Lane from the CDBG stated that there was a handout at the front door. Chris Eman from the Boys and Girls Club spoke about the project, it is with the Lakes Region Early Learning Center, they merged with them 4 years ago. This update will bring the playground and add handicap features that the playground doesn’t currently have. Mayor Hosmer closed the public hearing at 7:32 pm. 13.B. Public Hearing - Residential Antidisplacement and Relocation Assistance Plan for the Boys and Girls Club of Central NH - Lakes Region Early Learning Center Playground Improvement Project This plan outlines measures, under the Uniform Relocation Act, required for CDBG projects that involve any displacement or relocation of persons (or businesses), if the City were to undertake a CDBG project which involved displacement or relocation they would follow this plan. The plan outlines the measures they would take to find comparable, suitable housing for persons (or businesses) displaced or relocated. No displacement or relocation is anticipated for this project. Notice of the public hearing was made available in the January 8, 2024, edition of the New Hampshire Union Leader, in the January 6, 2024, edition of the Laconia Daily Sun, and posted at Laconia City Hall, the Laconia Parks & Recreation Community Center, offices of the SAU and the Laconia Public Library. Action on this item will be taken up under Unfinished Business. Mayor Hosmer opened the public hearing at 7:33 pm and asked for public comment. No one from the public wished to speak. Mayor Hosmer closed the public hearing at 7:34 pm. 13.C. Public Hearing – Ordinance 2024-194-16, 194-24 - Proposal to increase Transfer Station fees due to increase in disposal costs Notice of this Public Hearing was made available in the December 29, 2023, edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Public Library, Laconia Community Center and the offices of the SAU. Action on this item may be taken up under Unfinished Business. Mayor Hosmer opened the public hearing at 7:34 pm and asked for public comment. Charlie St. Claire from Ward 3, asked to confirm that citizens will not being charged for bringing up recycling materials. That is correct, they will not be charged for bringing up recycling. He also asked if the fees will be going up for household waste for regular residents. Director Anderson confirmed that the household waste fees will be increasing on July 1, 2024. Mayor Hosmer closed the public hearing at 7:36 pm. 13.D. Public Hearing – Discontinuance of all the portions of Right Way Path and Green Street running northwesterly from NH Route 106 to the intersection of Eastman Road in the City of Laconia Notice of this Public Hearing was made available in the January and January 12, 2024 editions of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Public Library, Laconia Community Center and the offices of the SAU.  Street running northwesterly from NH Route 106 to the intersection of Eastman Road in the City of Laconia Notice of this Public Hearing was made available in the January and January 12, 2024 editions of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Public Library, Laconia Community Center and the offices of the SAU. Action on this item may be taken up under Unfinished Business. Mayor Hosmer opened the public hearing at 7:37 pm and asked for public comment. Charlie St. Claire from Ward 3 asked about access to Ahern State Park. Manager Beattie stated that access from the existing road or a new road will be created to make sure that the access is maintained for our citizens. Brian Wolfe of Ward 3 would like to see the City, adopt the road as a class 6 street, he stated this would cause no additional investment and it would protect the access to the park. Randall Viola of Eastman Shore Rd is concerned about the road being maintained for public access and for emergency services. Patrick Wood of Ward 1 expressed concern about fire protection being available to that area if they do not have rights on that road. He wonders if the City is opening itself up for any issues. Manager Beattie briefed the Council about the options with the street and where this came from in regards to the sale of the state school property. Patrick Wood of Ward 3 followed up with fire concerns with no access, there are many buildings out there that are being used by transients. Councilor Bogert stated that he didn’t think that this road isn’t even going to stay where it is currently located. Manager Beattie confirmed that was true, the developer was looking to move the road. Brian Wolfe of Ward 3 stated that he felt this should still be accepted by the city. Randall Viola of Eastman Shore Rd said he would think the City wouldn’t want to give this matter up, he feels it could be used as a bargaining chip with the planning process of the project with the city. Mayor Hosmer closed the public hearing at 7:54 pm. 14. PRESENTATIONS 14.A. Daisy Pierce - Mayor's Homelessness Task Force update This item will be rescheduled to our next meeting. 15. MAYOR'S REPORT No update this evening. 16. COUNCIL COMMENTS Councilor Haynes complimented the Human Relations Committee of the Martin Luther King march and he welcomed Councilor Hoffman to the table. Councilor Cheney wants an update about the 100% disabled veterans, we currently give $2,000.00, the state law allows up to $4,000.00, he’d like to see $3,000.00 offered prior to the tax bills going out. Councilor Cheney noted that he is a disabled veteran, but he is not 100% disabled and this change would have no impact on his personal property taxes. Mayor Hosmer asked to see it as an agenda item on the next Council Meeting. He also asked about the public process for naming buildings. Manager Beattie confirmed that the process has been completed but he doesn’t think it’s been used yet. Also, his neighbors have  Councilor Cheney wants an update about the 100% disabled veterans, we currently give $2,000.00, the state law allows up to $4,000.00, he’d like to see $3,000.00 offered prior to the tax bills going out. Councilor Cheney noted that he is a disabled veteran, but he is not 100% disabled and this change would have no impact on his personal property taxes. Mayor Hosmer asked to see it as an agenda item on the next Council Meeting. He also asked about the public process for naming buildings. Manager Beattie confirmed that the process has been completed but he doesn’t think it’s been used yet. Also, his neighbors have asked him about a “Muck” abatement and if they would be eligible for grants. Councilor Hoffman had a question about a future item for the Council is the Master Plan. He was looking for an update. Manager Beattie said that with the turnover in the planning department, this was going to be a top priority for the new Planning Director. He also, with the shortage of housing in the City he was wondering where we stood with the update in the Short-Term Rental Ordinance. Manager Beattie stated that it didn’t need a significant number of updates, but accessible dwelling units are a much larger item that needs to be reviewed. Mayor Hosmer asked about a vendor being contracted to help with the overseer. Manager Beattie stated we haven’t done too much. Mayor Hosmer noted the number of advertised short term rentals compared to the number of actual permitted Councilor Cheney added there is a wage issue in the City. The Police department is down 7 employees, the town of Gilford and Alton pay $62k for a starting pay and we aren’t even close to it. The Fire Department is in the same boat, he feels that the Council needs to look at what we are doing for our employees. He feels that there is a need for this to be expedited. Manager Beattie stated that there are multiple avenues in how we address this. He has to look into how this will affect the current budget we are in now and how it would affect next year’s budget. Councilor Cheney stated he understands the budget concerns, but he feels this has been talked about long enough and there are issues in other departments. Councilor Cheney wants to see something addressed now and then something brought forth. Councilor Soucy stated there will be a non-meeting under 91-A in regard to negotiations with the unions. 17. COMMITTEE REPORTS 17.A. FINANCE (Soucy, Cheney and Hoffman) 17.A.i. WOW Trail Funding 17.A.ii. Downtown TIF Financing 17.B. PUBLIC SAFETY (Cheney (Chair), Soucy) 17.C. GOVERNMENT OPERATIONS & ORDINANCES (Haynes, 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 (Bogert, Haynes, Felch)  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), Hoffman, 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 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 reviewed the finance and operational trends report with the council. Building permit numbers are not accurate and will be updated accordingly. Welfare numbers are up, property tax and motor vehicle revenue are right where we budgeted. Overtime numbers are being watched with personnel issues. Code statistics are up slightly, EMS billing is being worked on. He’d like to bring in a presentation to explain where these numbers are coming from. DPW has been out for a couple storms, but all outstanding balances are in a good place. 20.B. Project Updates Report Manager Beattie reviewed the project updates report with the council. Proposed road repairs are being worked on for the spring. The academy street bridge project is moving forward, the state is working on getting some easements, the Winnipesaukee river basin- we are pushing to where the money is going in the future, state school property update- there is not much to update on, but it is now on this report as a request in a prior meeting. 20.C. Monthly Economic Development Report Manager Beattie reviewed the monthly economic development report with the council. JP Hobby is being appointed to the NH Housing Authority Board. February 9 th and March 8 th we are moving our server. We will be losing all our computers and phones. Once those dates are finalized there will be posting done online, in the newspaper and at City Hall. Manager Beattie also updated that after quite a bit of research, we cannot locate that we used to have an energy committee. If the council wants to form the committee, he’d like to know how we want to handle it. The Manager can do it, the appointments committee could meet with them first, Councilor Soucy would like to see some names brought forth to the Council. 21. NEW BUSINESS  Manager Beattie also updated that after quite a bit of research, we cannot locate that we used to have an energy committee. If the council wants to form the committee, he’d like to know how we want to handle it. The Manager can do it, the appointments committee could meet with them first, Councilor Soucy would like to see some names brought forth to the Council. 21. NEW BUSINESS 21.A. Appointment of Ward Clerk Vacancy 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 Bogert made a motion to appoint Ruth O’Hara as Ward Clerk for Ward 5, with a term expiring at the end of December,2025. Seconded by Councilor Felch, Discussion: None. The motion passed with all in favor. 6-0 21.B. Ordinance 2024-150-3 Restrictions on display of permissible fireworks and request to schedule a public hearing In October of 2023, Chapter 150-3 of the City Code was amended to add restrictions on the times of day that permissible fireworks can be ignited within the boundaries of the City of Laconia. Following the January 3, 2024, meeting of the City Council Government Operations subcommittee, the committee is recommending to the full council that December 31 be added to the exceptions list. City Manager recommends on behalf of the Government Operations subcommittee to have this change heard at a public hearing on February 12, 2024. Councilor Cheney made a motion to waive a reading of Ordinance 2024-150-3, 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 Cheney made a motion to move the first reading of Ordinance 2024-150-3. Seconded by Councilor Soucy, Discussion: None. The motion passed with all in favor. 6-0 Councilor Soucy made a motion to schedule a Public Hearing on February 12, 2024, 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.C. Resolution 2024-01 Elderly Exemptions Discussion: Elderly Exemptions-CURRENT o The applicant must be 65 years of age on or before April 1st in the year they are applying for the exemption. o The applicant must have been a New Hampshire resident for three years prior to April 1 and the property must be your primary residence. o The applicant must have owned the residence by April 1 individually or jointly, or if the o The applicant must have been a New Hampshire resident for three years prior to April 1 and the property must be your primary residence. o The applicant must have owned the residence by April 1 individually or jointly, or if the residence is owned by a spouse, they must have been married for at least five years. o If the applicant received a transfer of real estate from a person under the age of 65, related to him by blood or marriage, within the preceding 5 years, no exemption shall be allowed. RSA 72:40-a, Limitations. o The applicant must have a net income of less than $25,000. If married, a combined net income of less than $35,000. o Net income is to be determined by deducting from all monies received from any source whatsoever, the amount of any of the following, or the sum thereof: o Life insurance paid on the death of an insured. o Expenses and costs incurred with conducting a business enterprise. o Proceeds from the sale of assets. o The applicant cannot have assets in excess of $75,000, excluding the value of the dwelling for which they are applying for the exemption on. Any units of a multi-family home not occupied by the exemption recipient are considered to be an asset. o The applicant, meeting the above statute requirements, will receive the following exemptions: o $50,000 Valuation Reduction (65-74 Years of Age) o $65,000 Valuation Reduction (75-79 Years of Age) o $85,000 Valuation Reduction (80 or More Years of Age) Adjustment Options Changed Single Income Limit from $25,000 to $30,000 Changed Married Income Limit from $35,000 to $43,000 Change Single Asset Limit and Married Asset Limit from $75,000 to 85,000 Changed Age Based Valuation Reductions: o $50,000 Valuation Reduction (65-74 Years of Age) Change to $60,000 o $65,000 Valuation Reduction (75-79 Years of Age) Change to $75,000 o $85,000 Valuation Reduction (80 or More Years of Age) Change to $95,000 Fiscal Impact: Last year, we granted $3.9 million in elderly exemptions. These changes, not including any newly granted exceptions, would increase the number of exemptions by $1,350,000.  o $65,000 Valuation Reduction (75-79 Years of Age) Change to $75,000 o $85,000 Valuation Reduction (80 or More Years of Age) Change to $95,000 Fiscal Impact: Last year, we granted $3.9 million in elderly exemptions. These changes, not including any newly granted exceptions, would increase the number of exemptions by $1,350,000. Not knowing how many new applications we would have; I would estimate our loss of taxable revenue being $70,000-80,000. City Manager Beattie recommends a public hearing on February 12, 2024, to determine if the City should make changes to the elderly tax exemptions currently used. Councilor Cheney made a motion to waive the reading of Resolution 2024-01 Elderly Tax Exemptions in its entirety and to read by title only. Seconded by Councilor Soucy, Discussion: None. The motion passed with all in favor. 6-0 Councilor Soucy made a motion to move the first reading of Resolution 2024-01 Elderly Tax Exemptions. Seconded by Councilor Cheney, Discussion: None. The motion passed with all in favor. 6-0 Councilor Felch made a motion to schedule a Public Hearing on February 12, 2024, 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 22. UNFINISHED BUSINESS 22.A. A Proposed application to the NH Community Development Finance Authority for CDBG funds for improvements at the Boys and Girls Club of Central NH and Lakes Region Early Learning Center Playground Community Development Block Grant funds are available to municipalities through the NH Community Development Finance Authority. Up to $500,000 annually is available for Economic Development Projects, up to $500,000 for Housing Projects, up to $500,000 for Public Facility Projects, up to $350,000 in Emergency Funds, and up to $25,000 per Planning Study grant. All projects must directly benefit a majority of low- and moderate-income persons. 1. This is 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. At the December 26, 2023, meeting, the City Council voted to schedule a public hearing; that public hearing was held earlier this evening. Councilor Soucy made a motion to approve the submittal of the NH Community Development Finance Authority’s CDBG application for improvements at the Boys and Girls Club of Central NH and the Lakes Region Early Learning Center Playground, and vote to authorize the City Manager to sign and submit the CDBG application, and upon approval of the CDBG application, authorize the City Manager to execute any documents which may be necessary to effectuate the CDBG contract, and any amendments thereto. Seconded by Councilor Bogert, Discussion: None. The motion passed with all in favor. 6-0 22.B. Adoption of the City's Residential Anti-Displacement and Relocation assistance plan for proposed improvements to the Boys and Girls Club of Central NH and the  and any amendments thereto. Seconded by Councilor Bogert, Discussion: None. The motion passed with all in favor. 6-0 22.B. Adoption of the City's Residential Anti-Displacement and Relocation assistance plan for proposed improvements to the Boys and Girls Club of Central NH and the Lakes Region Early Learning Center Playground This plan outlines measures, under the Uniform Relocation Act, required for CDBG projects that involve any displacement or relocation of persons (or businesses), if the City were to undertake a CDBG project which involved displacement or relocation they would follow this plan. The plan outlines the measures they would take to find comparable, suitable housing for persons (or businesses) displaced or relocated. No displacement or relocation is anticipated for this project. Notice of the public hearing was made available in the January 8, 2024, edition of the New Hampshire Union Leader, in the January 6, 2024, edition of the Laconia Daily Sun, and posted at Laconia City Hall, the Laconia Parks & Recreation Community Center, offices of the SAU and Laconia Public Library. At the December 26, 2023, meeting, the City Council voted to schedule a public hearing; that public hearing was held earlier this evening. Councilor Felch made a motion to approve the Residential Anti-Displacement and Relocation Assistance Plan for proposed improvements at the Boys and Girls Club of Central NH and the Lakes Region Early Learning Center Playground as presented. Seconded by Councilor Bogert, Discussion: None. The motion passed with all in favor. 6-0 22.C. Ordinance 2024-194-16, 194-24 - Proposal to increase transfer station fees due to increase in disposal costs Public Works requests Transfer Station fees increase due to projected annual increases in the cost of disposing of solid waste. The cost of collecting and disposing of the city’s solid waste has historically been funded by a combination of user fees and a taxpayer subsidy. Between FY 2014 and 2023, sixty percent of the cost has come from user fees and forty percent from property taxes. The solid waste program’s three major expenses are: Curbside Collection Curbside Collection under a contract with Casella that is adjusted annually on October 1st. The processing and sale of recycling collected at the curb is adjusted monthly based on the value of the recyclables. Transfer Station Operation of the transfer station and hauling of solid waste to a disposal site under a contract with Waste Management. The cost associated with contract increases annually in July based on the CPI for all Urban Consumers (Boston-Cambridge-Newton, MA, NH) +1%. The rate is also adjusted once a year (July 1) based on the price of fuel. Disposal The landfill tipping fee increases annually on January 1st of each year. The contract fee for each year is established in the contract through December 31, 2029. The City Council’s guidance on future solid waste fee increases directed staff to develop a system that would raise rates based on cost increases associated with collecting, handling, and disposing of the City’s solid waste.  The landfill tipping fee increases annually on January 1st of each year. The contract fee for each year is established in the contract through December 31, 2029. The City Council’s guidance on future solid waste fee increases directed staff to develop a system that would raise rates based on cost increases associated with collecting, handling, and disposing of the City’s solid waste. Additionally, City staff to meet the Council’s guidance and fund the program’s expenses City staff is proposing a two-part plan. The first part is two proposed rate increases between now and July 1, 2024, to meet projected expenses. The second part is the development of a system that will adjust the Transfer Station fees based on the program’s contract increases, which occur three times per year. There was a chart in the agenda item that compares current fees versus predicted costs. City Staff will as part of the budget process be bringing a proposal for a system for future transfer station fee increases. This was presented to the Public Works Subcommittee at their meeting on December 20, 2023. At the December 26, 2023, City Council Meeting, a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier this evening. Without a fee increase, the property tax subsidy of the solid waste program will increase beyond the historical average of 40 percent. Manager Beattie stated that there is a change in the staff report compared to what is presented in the resolution. The resolution is correct. Councilor Soucy stated that in the subcommittee they met with a few haulers, Councilor Cheney made a motion to waive a 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 Soucy, Discussion: None. The motion passed with all in favor. 6-0 Councilor Soucy made a motion to move a second reading of Ordinance 2024-194-16,194-24 relative to an increase in Transfer Station fees. Seconded by Councilor Felch, Discussion: None. The motion passed with all in favor. 6-0 Councilor Felch made a motion to approve Ordinance 2024-194-16, 194-24 relative to an increase in Transfer Station fees. Seconded by Councilor Soucy, Discussion: None. The motion passed with all in favor. 6-0 22.D. State School Property: Discontinuance of all portions of Right Way Path and Green Street running northwesterly from NH Route 106 to the intersection of Eastman Road in the City of Laconia Right Way Path, the entrance into the State School Property from Parade Road, was part of Meredith Center Road before Meredith Center Road was relocated to its current location. The road continues to be a state-controlled public right of way. As part of the process to sell the State School property to the developer, the right of way must be discontinued. Under state law, the right of way will automatically revert to the City if the City Council does not notify the State’s Commissioner of Transportation within 60 days that it has determined there is no need for the right of way for the City highway system. The City was notified of the State’s intent to discontinue the right of way on December 21, 2023. State law requires the Council to hold a public hearing on the discontinuance of the right of way. The City Attorney recommends the Council determine that the right of way is not necessary before  will automatically revert to the City if the City Council does not notify the State’s Commissioner of Transportation within 60 days that it has determined there is no need for the right of way for the City highway system. The City was notified of the State’s intent to discontinue the right of way on December 21, 2023. State law requires the Council to hold a public hearing on the discontinuance of the right of way. The City Attorney recommends the Council determine that the right of way is not necessary before the sale goes through, because if Right Way Path becomes a City road and a private individual buys the State School property, the City will either be responsible for maintaining that road or will need to discontinue it and would then have to pay damages to the property owner. Public Works recommended that the City Council determine that Right Way Path is not needed for the City’s highway system and hold a public hearing. At the January 8, 2024, meeting, the City Council voted to schedule a Public Hearing; that Public Hearing was held earlier this evening. The following are the applicable laws dealing with this matter: 230:56 Determination by Selectmen. – The selectmen of such town within 60 days after receiving such notice regarding property acquired by the state in 1945 or earlier, shall determine, after notice to the owners of land or abutting owners given in the same manner as provided for in the laying out of highways by selectmen, and hearing, whether there is occasion for the use of such portion for town highway purposes and shall notify the commissioner of transportation, in writing, of their determination. 230:57 Reversion to Town. – Upon the filing of notice with the commissioner of transportation that such occasion exists, or, in the event that the selectmen fail to take any action or notify the commissioner of transportation in writing of their determination within 60 days after the receipt of notice from the commissioner regarding property acquired by the state in 1945 or earlier, the right-of- way over such portion of land and title to any interest held by the state in such portion shall thereupon revert to or vest in such town, and the commissioner of transportation shall so certify in writing under oath to the selectmen, and the highway shall thereupon become a class V or class VI highway. Councilor Soucy expressed some concern about the emergency pathway being accessible. Mayor Hosmer wants to see the city be as supportive to the developer as possible but he doesn’t want to see the City take it over, and have the costs downshifted to the tax payers. Councilor Felch made a motion that the City Council determine that Right Way Path is not needed for the City’s highway system and authorizes the City Manager to sign all documents related to this matter. Seconded by Councilor Bogert, Discussion: None. 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  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 go into non-public 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 Felch. Discussion: None. By Roll Call Vote: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Hoffman: Yes Councilor Haynes: Yes Councilor Bogert: Yes Councilor Felch: Yes The nonpublic session began at 8:45 PM. Councilor Soucy made a motion to return back to public session, seconded by Councilor Felch. Discussion: None. By Roll Call Vote: Councilor Cheney: Yes Councilor Soucy: Yes Councilor Hoffman: Yes Councilor Haynes: Yes Councilor Bogert: Yes Councilor Felch: Yes The public session began at 9:20 PM. Councilor Bogert made a motion to seal the minutes for seconded by Councilor Felch for 6 months. Discussion: None. The motion passed with all in favor. 6-0 26. ADJOURNMENT Mayor Hosmer adjourned the meeting at 9:21 pm Respectfully Submitted, Katie Gargano, City Clerk