City Council

Minutes were approved by the city council on 4/22/2024. CITY OF LACONIA - CITY COUNCIL MEETING City Hall - Armand A. Bolduc City Council Chamber 7:00 P.M. 4/8/2024 - Minutes 1. CALL TO ORDER Mayor Hosmer called the meeting to order at 7:01 PM 2. SALUTE TO THE FLAG Mayor Hosmer 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 Haynes, Councilor Bogert and Councilor Felch. Absent: Councilor Soucy and Councilor Hoffman Mayor Hosmer noted that 4 out of 6 councilors were present 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. Regular City Council meeting minutes of March 25, 2024 Minutes of the Laconia City Council meeting of March 25, 2024 were distributed to members of the City Council on April 4, 2024. With no corrections or changes submitted to the Clerk, the minutes were accepted as distributed. 8. CONSENT & ACTION ITEMS 8.A. Recommendations for appointments to Boards and Commissions The Appointments Subcommittee met on March 20, 2024 and interviewed candidates for appointment or reappointment to the City’s Boards and Commissions. The Subcommittee met again on March 25, 2024, just prior to the City Council meeting, to review the results of those interviews in preparation for presenting their recommendations to the full Council at this meeting. A motion was approved at the March 25, 2024 City Council meeting to table this item.  appointment or reappointment to the City’s Boards and Commissions. The Subcommittee met again on March 25, 2024, just prior to the City Council meeting, to review the results of those interviews in preparation for presenting their recommendations to the full Council at this meeting. A motion was approved at the March 25, 2024 City Council meeting to table this item. The following individuals are strongly recommended by the Appointments Subcommittee for appointment or reappointment to the City’s Boards and Commissions: Linda Peary – reappointment to the Putnam Fund Janet Brough – appointment to the Putnam Fund B. Randy Haas – reappointment to the Trustees of the Trust Funds Dean Anson – reappointment to the Conservation Commission Scott Ringer – reappointment to the Heritage Commission Laura Ringer – reappointment to the Parks & Rec Commission Gail Ober – appointment to the Planning Board Scott McWilliam – appointment as the Planning Board’s representative to the Lakes Region Planning Commission Tyler Carmichael – appointment as the City’s representative to the Lakes Region Planning Commission Bruce Kneuer – reappointment to the Library Board of Trustees Matt Johnson – appointment to the Library Board of Trustees Deanna Guyer – reappointment to the Parks & Rec Commission Brian Wolf – appointment to the Planning Board Sally Sessler – reappointment to the Library Board of Trustees Councilor Felch made a motion to take this item off the table. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 4-0 Councilor Cheney made a motion to approve the appointment or reappointment of candidates to the City’s Boards and Commissions as presented above and as recommended by the Appointments Subcommittee. Seconded by Councilor Bogert. Discussion: None. The motion passed with all in favor. 4-0 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Brad Fitzgerald came to the Council about a homeless encampment that is on Hounsell Ave. He has a property that is across the street. They are going on his property, stealing his water, selling drugs, sleeping in cars, dumpster diving and even set a fire on his property over the weekend. He wanted to make the City aware of this unacceptable behavior and hopes the City can do something about it soon. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS  aware of this unacceptable behavior and hopes the City can do something about it soon. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Public Hearing - Resolution 2024-08, Acceptance of funds from a charitable trust (Jensen Benevolent Fund) in the amount of $25,000 to fund the development of a firearms range for the Laconia Police Department Notice of this Public Hearing was made available in the March 27, 2024 edition of the Laconia Daily Sun, and posted at 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 7:52 PM No one from the public wished to speak. Mayor Hosmer closed the Public Hearing 7:52 PM 13.B. Public Hearing - Ordinance 2024-235-15 - Amending Chapter 235, Zoning, relative to Article III, Chapter 235-15, Official Zoning Map Notice of this Public Hearing was made available in the March 27, 2024 edition of the Laconia Daily Sun, and posted at 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 7:52 PM Attorney Ethan Wood representing his client Kevin Morrissette, who owns property on Old Prescott Hill Rd. spoke in favor of this change. Mayor Hosmer closed the Public Hearing at 7:53 PM 13.C. Public Hearing - Request to designate City-Owned property on Lafayette Street (Parcel #444-126-17) as conservation land Notice of this Public Hearing was made available in the March 27, 2024 edition of the Laconia Daily Sun, and posted at 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 7:54 PM Dean Anson of the Conservation Commission- the commission requested that this be turned into conservation land. He passed around maps to the Council. He became aware of this property when a neighbor contacted him and told him about the vernal pools on this parcel. One characteristic is that there are no fish in these pools because they dry out. They are primarily used by amphibians to lay their eggs until they can walk out of the pool like salamanders, frogs, and dragonflies. He visited the site just before the snow storm and there were no eggs in the pool so he double checked with the state and they said it was too early for them to come out. He looked at several other pools in the city and they also have no activity. The vernal pool is not round and is on the eastern side of the lot.  conservation land. He passed around maps to the Council. He became aware of this property when a neighbor contacted him and told him about the vernal pools on this parcel. One characteristic is that there are no fish in these pools because they dry out. They are primarily used by amphibians to lay their eggs until they can walk out of the pool like salamanders, frogs, and dragonflies. He visited the site just before the snow storm and there were no eggs in the pool so he double checked with the state and they said it was too early for them to come out. He looked at several other pools in the city and they also have no activity. The vernal pool is not round and is on the eastern side of the lot. There is a 100-foot buffer around the pool. He looks forward to hearing what the environmentalist reports back to the City about the pool. Brett Belliveau of ward 5, he was the neighbor who notified the conservation commission. He prior sat on the planning board and saw the push and pull of development and adjustments made for buffers. The fact that the state requires a buffer twice the size for a vernal pool compared to wetlands speaks to the importance of protecting it. Ethan Wood would like to see the board table this item pending the outcome of the state environmental department assessing the area. Mayor Hosmer closed the Public Hearing at 8:13 PM 14. PRESENTATIONS Mayor Hosmer moved item #14 A. up after item #8a. 14.A. Audit presentation Scott McIntire and Andrew Gordon presented the audit results to the City Council. They represent Marcum accountants & Advisors. The audit results were for Fiscal Year 2023 ending in June 30, 2023. Manager Beattie made a couple comments about the recommendations the auditors have suggested and how the finance department is working on getting them implemented. Director Smith made a couple comments about the unassigned fund balance, it is at about 5.3 % which is on the lower end of healthy. He feels we are going in the right direction. The Annual Comprehensive Financial Report is essentially the audit, it starts on page 91 of the handout the Council was given. The report can be viewed on the Finance Departments page on the city website under Fiscal Control > Audits > Comprehensive Annual Financial Report (CAFR). 15. MAYOR'S REPORT Mayor Hosmer said he has heard that people are under the perception that the City of Laconia has hardened its heart for the Laconia Senior Center, and he wanted to clarify that the City fully supports the Laconia senior center and over the years the city has given the money to the Laconia Senior every year and he went over the figures given since FY 2018/2019 of $18,000.00 through 2023/2024 giving $25,000.00. The meals on Wheels program has become in more demand. The meals are currently made in Concord and then driven up and. They are working on building a capital campaigns to raise the funds for the commercial kitchen. They are in the very early staging, and he wanted to correct the record. They will take a leadership role in the capital campaign. The city has also worked with participants on parking in the Beacon Street West lot. 16. COUNCIL COMMENTS Councilor Bogert wanted to take the opportunity to note that in regard to making the land on Lafayette Street as Conservation land, ward 5 could use this space as green space, where the ward is currently short of green space. He feels this could be a learning opportunity for our students. He understands housing is an issue but he also feels green space is needed as well. Councilor Cheney noted the finance committee has been working with Manager Beattie and Director Smith about the wage issues amongst the City Departments, he had lunch with the police chief and was told there was 2 more resignations at the police department and they both noted pay was a big issue. He also looked  of green space. He feels this could be a learning opportunity for our students. He understands housing is an issue but he also feels green space is needed as well. Councilor Cheney noted the finance committee has been working with Manager Beattie and Director Smith about the wage issues amongst the City Departments, he had lunch with the police chief and was told there was 2 more resignations at the police department and they both noted pay was a big issue. He also looked at the fire department starting rates in the area compared to others. He stressed the importance of trying to keep our current employees. Manager Beattie stated we have been approached by specific departments but what we are looking at a solution for all the city employees. Councilor Cheney apologized for not recognizing all City Departments. And he said that Chief Canfield would also like to make a presentation to the Council about their proposed shooting range. Councilor Haynes thanked the DPW workers for their great work in the storm. He also noted that Becky Guyer is stepping down as the director of Laconia Multicultural day, but she will be staying on the board as a regular member. He thanked her for all her years of dedication to the event. 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. Regulation of Short Term Residential Rental Businesses 17.C.ii. Proposed Historic Overlay District 17.C.iii. Use of public property by for-profit entities 17.C.iv. Performance Zoning 17.C.v. Code Enforcement on property maintenance 17.C.vi. Time frame for demolition permits 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 Councilor Bogert said that at the latest Lakes Region Public Access meeting they elected him as the treasurer and their annual board meeting will be held on May 21, 2024, from 5-7pm here at City Hall in the  17.F. APPOINTMENTS (Councilors Soucy (Chair), Cheney and Haynes) 18. LIAISON REPORTS Councilor Bogert said that at the latest Lakes Region Public Access meeting they elected him as the treasurer and their annual board meeting will be held on May 21, 2024, from 5-7pm here at City Hall in the Armand Bolduc Chambers, they will be looking to suggestions on improvements and input from the citizens. 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 City Council. Manager Beattie also noted that the first meeting was held last week for the community power coalition. They discussed the layout of the committee, and the next meeting is TBD and our City Attorney will be present. 21. NEW BUSINESS 21.A. Request from "The Market at Weirs" for waiver of fees associated with a farmers' market Paul Gareau, founder of BAMM (Belknap Area Market Management) has requested a waiver of fees relating to “The Market at Weirs”, which is a farmers’ market that will be located at Weirs Community Park, 49 Lucerne Avenue. The market will be held on Saturdays from May 25 through October 5, 2024, from 10 am to 1 pm. Please note that the market will not occur on June 8 or June 15 during Motorcycle Week. The market will feature approximately 20 vendors featuring local produce and meats, as well as local artisan crafts. There will also be a small number of booths for local businesses (non-vending) and informational/educational booths for nonprofits. It is expected there will be one food truck and music provided during the event. Approval was received from the Parks and Recreation Commission on January 17, 2024 and also from the Special Events Review Committee on March 6, 2024. This request is for waiving the $200 Special Events fee and the $300 Licensing fee. Attached to the agenda is an information sheet regarding Belknap Area Market Management. Discussion: Mayor Hosmer invited Mr. Gareau to speak to the Council about his request and ultimately the council decided to meet him halfway waiving $250 of the $500 request. Councilor Felch made a motion to approve the request to waive the $200 Special Events fee and the $50 towards the $300.00 Licensing fee relating to “The Market at Weirs” 2024 farmers markets. Seconded by Councilor Cheney. Discussion: none. The motion passed with all in favor. 4-0 21.B. Release of an easement as requested by Laconia Airport Authority This item was heard after item #13 C A Gilford property owner has requested through his attorney that the easement that the Airport has on his property be released. Upon seeking counsel from the LAA’s attorney, it was determined that 21.B. Release of an easement as requested by Laconia Airport Authority This item was heard after item #13 C A Gilford property owner has requested through his attorney that the easement that the Airport has on his property be released. Upon seeking counsel from the LAA’s attorney, it was determined that the easement was no longer necessary and could be released. At a meeting on Thursday, March 21, 2024, the Laconia Airport Authority authorized Andrew J. Hosmer to sign the Release of Easement as its Chairman. · The Laconia Airport Authority is seeking approval from the City Council for Andrew J. Hosmer as Mayor, or Kirk Beattie as City Manager to sign the Release of Easement on behalf of the City of Laconia. Councilor Felch made a motion to authorize Andrew J. Hosmer, Mayor, or Kirk Beattie, City Manager, to sign the Release of Easement on behalf of the City of Laconia as requested. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 4-0 21.C. Lease agreement between the City of Laconia/Laconia Airport Authority and Runway 3517, LLC This item was heard after item #13 C. This is a new Lease with David Emerson, dba Runway 3517, LLC. The lease area is Development Zone #9 on the new development area known as Crosswinds, adjacent to and inclusive of the closed runway. Mr. Emerson intends to construct hangars on the property. · The Lease Agreement duration is 40 years in length, to be reviewed in 20 years to negotiate a new rate. · The agreed rate is $0.20 per square foot per usable acre for the 2024- 2025 FY with adjustments according to the December CPI-U each successive year. There is no cost incurred by the City; the revenue generated by this lease agreement amounts to $25,187.40 for the first-year base rental, payable to the Laconia Airport Authority to be used for the operation of the airport. At its meeting on Thursday, March 21, 2024, the Laconia Airport Authority authorized Andrew J. Hosmer to sign the agreement as Chair. · The Laconia Airport Authority is seeking approval from the City Council for Andrew J. Hosmer to sign the agreement as Mayor. Councilor Bogert made a motion to authorize Andrew J. Hosmer, Mayor to sign the Lease Agreement with David Emerson, d/b/a Runway 3517, LLC as requested. Seconded by Councilor Felch Discussion: None. The motion passed with all in favor. 4-0 21.D. Ordinance 2024-235-39-A - Amending Chapter 235, Zoning, relative to Article VII, Supplementary Provisions, Section 235-39 A, General Provisions - Unsafe Structures This proposed amendment to the Zoning Ordinance will allow the City to take a more proactive and expedient approach to requiring remediation or removal of structures that otherwise may be left as ruins for an indefinite duration. The City Manager, acting on behalf of the City Council, submitted this amendment proposal to the Laconia Planning Board for review and recommendation in accordance with §235- 85 A of the City Code.  This proposed amendment to the Zoning Ordinance will allow the City to take a more proactive and expedient approach to requiring remediation or removal of structures that otherwise may be left as ruins for an indefinite duration. The City Manager, acting on behalf of the City Council, submitted this amendment proposal to the Laconia Planning Board for review and recommendation in accordance with §235- 85 A of the City Code. The Planning Board first considered the proposed amendment on March 5, 2024. The Board then held a public hearing for the proposed amendment at its April 2, 2024 meeting. There were no comments made by the public. Once the public hearing closed, the Board voted unanimously to recommend to the City Council for adoption of the proposed amendment. In accordance with RSA 675:2, Article XIV of the City Code authorizes the City Council to submit proposed amendments to the Zoning Ordinance to the Laconia Planning Board for review, public hearing, and recommendation. There is no direct or immediate fiscal impact to the City. The proposed change would allow the City to remove blighted structures that negatively impact safety, desirability, and property values within the surrounding neighborhood. Councilor Cheney made a motion to move to waive reading of this Ordinance in its entirety and to read by title only. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 4-0 Councilor Felch made a motion to move the first reading of Ordinance 2024-235-39-A, amending Chapter 235, Zoning, relative to Article VII, Supplementary Provisions, §235-39 A, General Provisions, as presented. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 4-0 Councilor Felch made a motion to schedule a Public Hearing on April 22, 2024 during the regular City Council meeting to gather input prior to adoption. Seconded by Councilor Discussion: None. The motion passed with all in favor. 4-0 22. UNFINISHED BUSINESS 22.A. Resolution 2024-08, Acceptance of funds from a charitable trust (Jensen Benevolent Fund) in the amount of $25,000 to fund the development of a firearms range for the Laconia Police Department By acceptance of these funds, the Laconia Police Department will be able start the planning process to develop a Firearms Range for the Laconia Police Department. The Police Department currently uses the Town of Gilford Police Department Range for qualifications. While the use of the Town of Gilford’s range is free to the Laconia Police Department, the use of range has to be scheduled. By developing a Firearms Range for the Laconia Police Department, there would be much more flexibility for Laconia Police Officers to train at the range. At the March 25, 2024 City Council meeting a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier this evening. Councilor Cheney made a motion to waive a reading of Resolution 2024-08 in its entirety and to read by title only. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 4-0 Councilor Cheney made a motion to move a second reading of Resolution 2024-08 relative to acceptance of funds from a Charitable Trust (Jensen Benevolent Fund) in the amount of $25,000 to fund the development of a firearms range for the Laconia Police Department. Seconded by Councilor Bogert Discussion: None. The motion passed with all in favor. 4-0  Councilor Cheney made a motion to move a second reading of Resolution 2024-08 relative to acceptance of funds from a Charitable Trust (Jensen Benevolent Fund) in the amount of $25,000 to fund the development of a firearms range for the Laconia Police Department. Seconded by Councilor Bogert Discussion: None. The motion passed with all in favor. 4-0 Councilor Cheney made a motion to approve Resolution 2024-08 relative to acceptance of funds from a Charitable Trust (Jensen Benevolent Fund) in the amount of $25,000 to fund the development of a firearms range for the Laconia Police Department as presented, and to authorize the City Manager to sign all documents related to this matter. Seconded by Councilor Bogert Discussion: None. The motion passed with all in favor. 4-0 22.B. Ordinance 2024-235-15 - Amending Chapter 235, Zoning, relative to Article III, Chapter 235-15, Official Zoning Map The area being considered for amendment currently encompasses several different residential apartment developments. This proposed change to the Official Zoning Map will be consistent with the current use of the affected parcels and will spur greater development of residential housing. The Planning Board first considered the proposed change on February 6, 2024. It then held a public hearing on March 5, 2024. There were two residents in support of the proposed change, and no one spoke that were against it. This amendment was most recently before the City Council at its March 25, 2024 meeting. At that meeting a motion was approved to schedule a Public Hearing; that Public Hearing was held earlier this evening. There is no direct, immediate fiscal impact to the City. The proposed change should spur future development in the area which would increase the tax base in the future. Councilor Cheney made a motion to waive reading of this Ordinance in its entirety and to read by title only. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 4-0 Councilor Cheney made a motion to move the second reading of Ordinance 2024-235-15, amending Chapter 235, Zoning, relative to Article III, Chapter 235-15, Official Zoning Map, as presented. Seconded by Councilor Felch Discussion: None. The motion passed with all in favor. 4-0 Councilor Felch made a motion to approve Ordinance 2024-235-15, amending Chapter 235, Zoning, relative to Article III, Chapter 235-15, Official Zoning Map, as presented. Seconded by Councilor Cheney Discussion: Councilor Bogert asked if this was going to affect the area of the industrial park area off of route 107, Manager Beattie confirmed that it would not have any affect. The motion passed with all in favor. 4-0 22.C. Request to make City owned land located on Lafayette Street (Parcel #444-126-17) conservation land In January 2023, the City Council voted to declare the City owned land located on Lafayette Street (Parcel #444-126-17) as surplus property. A subsequent request by the Laconia Conservation Commission has been made to have the 1.1-acre parcel deemed conservation land, due to the vernal pools located on the property. At the March 25, 2024 City Council meeting a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier this evening.  (Parcel #444-126-17) as surplus property. A subsequent request by the Laconia Conservation Commission has been made to have the 1.1-acre parcel deemed conservation land, due to the vernal pools located on the property. At the March 25, 2024 City Council meeting a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier this evening. Councilor Cheney made a motion to table the item, the motion was seconded by Councilor Felch. The item was tabled with all in favor. 4-0 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 9:01 PM. Respectfully Submitted, Katie Gargano, City Clerk