City Council

Minutes were approved by the Public Works Committee on May 8, 2024. CITY OF LACONIA - CITY COUNCIL SUBCOMMITTEE MEETING PUBLIC WORKS COMMITTEE 5:15 P.M. 1/31/2024 - Minutes 1. CALL TO ORDER Chairman Haynes called the meeting to order at 5:15 PM 2. SALUTE TO THE FLAG Chairman Haynes led the salute to the flag. 3. RECORDING SECRETARY Katie Gargano, City Clerk 4. ROLL CALL Clerk Gargano called the roll of the following committee members: Councilor Soucy, Councilor Haynes and Councilor Hoffman. Chairman Haynes confirmed all committee members were present and a quorum was established. 5. STAFF IN ATTENDANCE Kirk Beattie, City Manager, Wes Anderson, Public Works Director, and Robert Mora, Planning Director 6. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 6.A. Approval of December 20, 2023 Public Works Subcommittee minutes The minutes were distributed to the members of the committee. With no changes or corrections sent to the clerk, the minutes were accepted as distributed. 7. PUBLIC WORKS (Haynes, Soucy and Hoffman) 7.A. Update on the plan to resolve the issue with the City maintaining private roads (accept as-is program) The City Council in 2019 approved the plan to accept those private roads (called unaccepted roads) that the City has been performing some form of maintenance on for an undefined period of time. The plan is called the accept as-is program. The City Council’s guidance when they approved the accept as-is program follows: · Those private roads where the City knows who owns the road are not eligible to participate. · 100% of the owners must agree to give the City an easement. · Roads will not be brought up to City standards. · Those private roads where the City knows who owns the road are not eligible to participate. · 100% of the owners must agree to give the City an easement. · Roads will not be brought up to City standards. · Dirt roads stay dirt. · Abutters of roads that can participate in the accept as-is program can petition for a betterment process to bring the roads up to City standards if 100% of abutters agree. · Those roads where the owner(s) are known can use the betterment process to have the roads accepted by the City if 100% agree to participate and pay for the improvements. The City Council at a recent meeting discussed the possibility of just voting to accept these roads. Upon request of the City Manager, the Council sent that possible solution to the Public Works Committee for further analysis and a recommendation. Public Works updated the Public Works Committee on the laws that apply to a municipality accepting a road, the results of Public Works research on these roads and the status of the program. Fiscal Impact: The City will be responsible for maintaining the private roads accepted as part of this program. This will increase the annual road maintenance cost in the Public Works annual budget. It will also increase the backlog of roads waiting for improvements as part of the City’s capital road improvement program. Discussion: Public Works Director, Wes Anderson, started his presentation on private roads. He stated that public funds cannot be spent on private roads or private property, including grants and emergency response funding from FEMA. Plowing has been provided and other maintenance to forty private roads. Curbside trash is publicly funded, they do not get trash collection except the ones that they have been maintaining because they have not cut them off. The only organization that can accept a road is the City Council. The Planning Board can set conditions and recommend acceptance to the City Council. Developers can get the road approved by the planning process or they can choose to keep the road private. There are four methods under state law to accept a road as a public street. Director Anderson stated that in his research he found in 1949 the City Council allowed the city engineer to plow the private roads at his discretion because of a housing shortage. In 1951 the City Council passed an ordinance on how to accept a road. In 1968 the laws changed, and the city could only take a road by prescription if it was for 20 years prior to January 1, 1968. Councilor Soucy asked if any of the private roads are under any grandfather clauses. Director Anderson said no. Councilor Hoffman asked for clarification on the betterment assessment terms. Director Anderson stated that under state law it requires the majority of abutters and owners to agree to the betterment assessment, but the City Council put in the guidance as 100% of the abutters and owners need to agree to the betterment assessment. Director Anderson passed out a packet with lessons he learned, what roads are able and not able to participate in based off the guidance set by the City Council and emergency lanes. He went over the options on whether the property owners want to be part of the as-is program, stopping the support on, and keep roads that have pump stations as emergency lanes. Councilor Hoffman clarified that either the roads need to come into compliance to be accepted as a public road, or the city needs to stop providing services and that the city needs to determine when services will stop. Naomi Butterfield from Mitchell Group went over legal options for how a road can be accepted as a public road.  Councilor Hoffman clarified that either the roads need to come into compliance to be accepted as a public road, or the city needs to stop providing services and that the city needs to determine when services will stop. Naomi Butterfield from Mitchell Group went over legal options for how a road can be accepted as a public road. Councilor Haynes asked Director Anderson if the city has taken the necessary steps so that the city would not be in this predicament going forward with new subdivisions. Councilor Soucy said this question is more directed towards the Planning Director. Planning Director Mora stated that they can put it on the subdivision regulations. Councilor Soucy asked Director Anderson if he has put together a list of recommendations. He has made a list of roads he would recommend on stopping services too. Councilor Soucy said that they should start with that list and Councilor Haynes agreed. Councilor Soucy recommended putting it on the council agenda. The City Manager requested another meeting a week before the council meeting before these recommendations go to the council. 8. Any other business that may come before the Committee 9. ADJOURNMENT Chairman Haynes adjourned the meeting at 6:37 PM. Respectfully Submitted, Katie Gargano, City Clerk