City Council

Minutes were approved by the city council on 9/23/2024. CITY OF LACONIA - CITY COUNCIL MEETING City Hall - Armand A. Bolduc City Council Chamber 7:00 P.M. 9/9/2024 - Minutes 1. CALL TO ORDER Mayor Hosmer called the meeting to order at 7:00 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 Soucy, Councilor Hoffman, Councilor Haynes, and Councilor Bogert. Absent: Councilor Felch Mayor Hosmer confirmed that 5 council members were in attendance and a quorum was established. 5. STAFF IN ATTENDANCE Kirk Beattie, City Manager; Glenn Smith, Finance Director Item #22D was heard next. 6. COUNCIL PROCLAMATION 7. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 7.A. City Council regular meeting minutes of August 26, 2024 Minutes of the Laconia City Council meeting of August 26, 2024 were distributed to members of the City Council on September 6, 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 August 13 and August 20, 2024 and interviewed candidates for appointment or reappointment to the City’s Boards and Commissions. At the August 26, 2024, meeting the City Council voted to table this item. To give the city council an opportunity to review the applications from the recommended.  The Appointments Subcommittee met on August 13 and August 20, 2024 and interviewed candidates for appointment or reappointment to the City’s Boards and Commissions. At the August 26, 2024, meeting the City Council voted to table this item. To give the city council an opportunity to review the applications from the recommended. The following individuals are strongly recommended by the Appointments Subcommittee for appointment or reappointment to the City’s Boards and Commissions: Russell Poirier – reappointment to the Weirs TIF District Advisory Board Richard MacNeill – appointment as a Commissioner on the Lakes Region Planning Commission John Paula – appointment to the Weirs TIF District Advisory Board Gail Ober – reappointment to the Planning Board Kristin Bastille – appointment to the Planning Board Robert Ames – reappointment to the Weirs TIF District Advisory Board Dave Ouelette – appointment to the Planning Board Councilor Cheney made a motion to take this agenda item off the table. Seconded by Councilor Soucy Discussion: None. By Roll Call vote: Councilor Cheney- Yes Councilor Soucy- Yes Councilor Hoffman- Yes Councilor Haynes- Yes Councilor Bogert- Yes Councilor Felch- Abs The motion passed with all in favor. 5-0 Councilor Soucy made a motion to approve the appointment or reappointment of candidates to the City’s Boards and Commissions as presented and as recommended by the Appointments Subcommittee. Seconded by Councilor Cheney Discussion: None. The motion passed with all in favor. 5-0 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Anthony Santagate of Tower Hill Tavern is seeking council approval to open a haunted house. Open every weekend for the month of October, pending approval from the Fire Department. He wanted the council to know that the plans are in the making and will be submitted through planning soon. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Public Hearing - Resolution 2024-18 - Center for Tech and Civic Life Grant - Polling places Notice of this Public Hearing was made available in the August 28, 2024 edition of the Laconia Daily Sun, and posted at Laconia City Hall, Laconia Community Center, Laconia Public Library and the  13.A. Public Hearing - Resolution 2024-18 - Center for Tech and Civic Life Grant - Polling places Notice of this Public Hearing was made available in the August 28, 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 7:07 PM No one from the public wished to speak. Mayor Hosmer closed the Public Hearing at 7:08 PM 14. PRESENTATIONS 14.A. Introduction to Mobile Integrated Health - Tim Joubert, Fire Chief Chief Joubert made a presentation to the city council to introduce them to the idea of the City of Laconia Fire Department starting a Mobile Integrated Health program. A grant application was written and submitted, and it looks like they have a good chance of it being awarded to them. If awarded this would fund the program for 3 years. Councilor Cheney is 100% in favor of what the chief is proposing. Councilor Soucy agreed, he thinks this is awesome, he wondered if it was 24-hour service, Chief Joubert said for the 3 years grants the grant is in place it would operate Monday -Friday during their regular business hours. Councilor Soucy asked what is the size of the grant? Chief Joubert explained If we are successful in being awarded the grant it would be over 400k, it is a northern borders grant and it was applied through the partnership of public health. Updates will be provided on an annual basis to the council about how it is going. These programs are currently run in the other parts of the country, and they have grown to include nurses. Councilor Bogert asked the city manager if this would be an additional item that would be included in his monthly reports to the council so they can see the call numbers, etc. Manager Beattie stated this could certainly be added. 15. MAYOR'S REPORT Mayor Hosmer thanked the Laconia human relations committee and Becky Guyer for the 22 nd Multicultural Day. And he thanked the Parks and DPW department for the set up and clean up. 16. COUNCIL COMMENTS Councilor Haynes noted at 3pm, the festival was still very busy, the flags that were carried by the hockey players, were actually from some of the countries they were from. Councilor Cheney said he had questions about what the rules were about political signs. Councilor Bogert noted it was the NH DOT who removed all the political signs at the intersections. They were pulled for maintenance from McIntyre Circle and from Parade Rd up to the Meredith District. 17. COMMITTEE REPORTS  Councilor Bogert noted it was the NH DOT who removed all the political signs at the intersections. They were pulled for maintenance from McIntyre Circle and from Parade Rd up to the Meredith District. 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 Cheney noted he spent some time at the fire department, he spent some time at the weirs station where he found a shingle on the found and wanted to know if someone should go out there to look at the building to see if the roof needs to be replaced. He also noted he visited the main fire station, the back door. He’d like to see the city manager get a quote to put a roof over the back door to prevent flooding into the building. He had another conversation about the homeless in the parking lot and other spaces in the city. He noted the no camping over the past 3 weeks, with increased patrol in the downtown area, 16 drug arrests, 7 theft related cases, 28 loitering calls, 35-gram methamphetamine, 25.5 heroin/ fentanyl, 111g of cocaine was seized. Councilor Hoffman spoke on the electrical aggregation committee recommendations will be coming to the council soon. 19. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS  Councilor Hoffman spoke on the electrical aggregation committee recommendations will be coming to the council soon. 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 report with the City Council. Councilor Haynes asked Manager Beattie if the beaches were closed now, Manager Beattie confirmed yes, they are no longer staffed since Labor Day. Mayor Hosmer asked about the graffiti from the downtown businesses. He asked where we were at with the contractor and getting the businesses to sign off on it. Manager Beattie said the contractor is looking for him to walk downtown with them to address all the areas, not much feedback from the business owners has been received, just one business is concerned about keeping the integrity of the bricks. 21. NEW BUSINESS 21.A. Resolution 2024-19 - Request to accept and expend a grant on behalf of the City in an amount up to $25,000 for substance abuse reduction activities for the Laconia Police Department The Laconia Police Department applied to the New Hampshire Department of Safety for grant funding under its Law Enforcement Substance Abuse Initiative. The department was recently informed that the grant had been awarded in an amount up to $25,000. The requested funds will cover overtime expenses related to investigating and apprehending individuals or organizations that are involved in narcotics related drug use and trafficking. This grant was included as an anticipated grant as part of the FY25 budget process. A public hearing covering anticipated grants was held on June 10, 2024. There is no local match requirement for this grant. Councilor Cheney made a motion to approve Resolution 2024-19 relative to accepting and expending a grant on behalf of the City in an amount up to $25,000 for substance abuse reduction activities for the Laconia Police Department as presented, and to authorize the City Manager to sign all documents related to this grant. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 5-0 21.B. Request for discussion of implementing a Community Service Recognition Award Councilor Haynes is requesting that the City Council discuss the idea of implementing a Community Service Recognition Award. This award would be presented on a periodic basis (annually, quarterly, etc.) to a citizen of Laconia who exemplifies the spirit of public service by sharing their time, talent, and energy for the general betterment of our community. A Community Service Award Committee could be established; this Committee would be responsible for selecting, nominating and recommending to the City Council those deserving individuals in Laconia who make a difference and enhance the quality of life for our residents. Discussion: Councilor Haynes noted during the process of the Bianarz award, we don’t have a community service award. He wonders if other councilors are interested and if he will appoint a committee. Councilor Soucy wants to know how it would be awarded, quarterly, semiannual, annually.  Discussion: Councilor Haynes noted during the process of the Bianarz award, we don’t have a community service award. He wonders if other councilors are interested and if he will appoint a committee. Councilor Soucy wants to know how it would be awarded, quarterly, semiannual, annually. People who qualify are volunteers, not on the payroll of the city. Mayor Hosmer appointed Councilors Haynes and Felch, to the committee, to work with the City Manager, and the City Clerk and the Parks and Recreation director. Councilor Haynes would like to have the award be named the Bob Hamel community service award. 21.C. Request to use American Rescue Plan Act (ARPA) funds to replace the failing apparatus bay door systems at the Laconia Fire Department Weirs Station To determine the use of American Rescue Plan Act (ARPA) funds to replace the failing Apparatus Bay Door Systems at the Laconia Fire Department Weirs Station. This request allocates $15,000 of previously accepted ARPA money that had not been previously allocated. The proposed expenditure is approved to increase the reliability and safety of the Weirs Fire Station Apparatus Bay Doors. Councilor Cheney made a motion to approve the use of previously accepted American Rescue Plan Act (ARPA) funds in the amount of $15,000 to replace the failing Apparatus Bay Door Systems at the Laconia Fire Department Weirs Station. Seconded by Councilor Soucy Discussion: None. The motion passed with all in favor. 5-0 21.D. Review of the Noise Ordinance Councilor Cheney has requested a review of the City of Laconia Noise Ordinance located at Chapter 167 of the City Codes. A copy of the current Noise Ordinance is attached to the agenda. City Manager Kirk Beattie recommends referring this matter to the Government Operations and Ordinances Committee. Discussion: the council is all in agreement to send that subject to the subcommittee. 22. UNFINISHED BUSINESS 22.A. Resolution 2024-18 - Center for Tech and Civic Life Grant - Polling Places In August of 2024 the Laconia City Clerk applied for a grant offered through the Center for Tech and Civic Life for a chance to be awarded up to $20,000.00 to be used exclusively for the public purpose of planning and operationalizing reliable and secure election administration in Laconia, NH in 2024. The Center for Tech and Civic Life is a non-partisan organization, and the grant funds must be used in a non-partisan manner. These funds can be used for physical expenses, technological expenses, storage facilities, voting hardware, voter registration systems, electronic poll books and much more. The City Clerk has plans on purchasing electronic poll books to be used across the 6 polling locations. laptops for the supervisors of the checklist, and upgrades to polling places. The implementation of the electronic poll books is to be determined based off the vendor’s inventory and availability to train the election workers on the devices. At the August 26, 2024 City Council meeting a motion was approved to schedule a Public Hearing  hardware, voter registration systems, electronic poll books and much more. The City Clerk has plans on purchasing electronic poll books to be used across the 6 polling locations. laptops for the supervisors of the checklist, and upgrades to polling places. The implementation of the electronic poll books is to be determined based off the vendor’s inventory and availability to train the election workers on the devices. At the August 26, 2024 City Council meeting a motion was approved to schedule a Public Hearing on this matter; that Public Hearing was held earlier this evening. The entire cost of this program is covered by the Center for Tech and Civic Life Grant, there is no local match requirement. Councilor Cheney made a motion to waive a reading of Resolution 2024-18 in its entirety and to read by title only. Seconded by Councilor Haynes Discussion: None. The motion passed with all in favor. 5-0 Councilor Haynes made a motion to move a second reading of Resolution 2024-18 relative to Center for Tech and Civic Life Grant in the amount of $20,000 to purchase equipment to facilitate secure and efficient operations of Laconia polling places. Seconded by Councilor Hoffman Discussion: None. The motion passed with all in favor. 5-0 Councilor Soucy made a motion to approve Resolution 2024-18 relative to Center for Tech and Civic Life Grant in the amount of $20,000 to purchase equipment to facilitate secure and efficient operations of Laconia polling places and to authorize the City Manager to sign all documents related to this grant. Seconded by Councilor Hoffman Discussion: None. The motion passed with all in favor. 5-0 22.B. Proposal to change the City Council's 2019 guidance on the Accept As-Is program The City Council at the August 26, 2024 meeting tabled the proposal to change the City Council’s guidance on the Accept As-Is program. The issues that resulted in the proposal being tabled dealt with definition of abutters and the number of abutters who must provide an easement. The Accept As-Is process is based on the State law on laying out a public highway. NH RSA CHAPTER 231: Laying Out Highways, Section 231:9 Notice. – Unless the selectmen are clearly of opinion that such petition ought not to be granted they shall cause notice in writing of the time and place of hearing appointed by them to be given at least 30 days previous to hearing to the first petitioner and to each owner of land over which such highway may pass. Therefore: · Abutters are property owners of the land abutting the road that is proposed to be accepted as a public street. · There is no minimum number of signatories required on the petition. Thus, a petition for the City to accept a private road can be from one person. The City has two private roads (Hillcrest Drive & Janes Ave) where all but one or two abutting land owners have provided the City with an easement to accept these streets as public streets under the Accept As-Is program. City Council guidance approved in 2019 prevents Public Works from submitting these streets for acceptance by the City Council. The City Council’s 2019 guidance on 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. · Abutters on those roads where the owner(s) are known can use the betterment process to have their road accepted by the City if 100% agree to participate and pay for the improvements. Public Works recommends that the City Council change the standard from 100% to a majority of the abutters must provide an easement for the City to accept a private street under the Accept As-Is program. The proposed change will provide the abutting landowners and the City an opportunity to accept an eligible private road under the Accept As-Is program when most of the abutters want the road to become public. The acceptance of the road once a majority of the easements are obtained is not automatic. After a majority of the abutting landowners have provided their easements the next step in the process is scheduling a public hearing to consider the acceptance of the road. The hearing must be scheduled a minimum of 30 days in advance. After the public hearing the City Council would have to determine “whether there is occasion to make the road public.” This requires the Council to “balance the public need for the road against the burden the road would impose on the city.” The NH Supreme Court established the following factors that must be considered: · If the road is laid out as a Class V road, how well would it integrate with the City’s existing system? · Would the layout of the road as a Class V ease the existing traffic flow? · Would the layout improve the convenience of traffic? · Would the layout facilitate the transportation of school children? · Would the layout Improve accessibility to the business district and employment centers? · Would the layout improve accessibility for fire, emergency and police services? · Would the layout benefit a significant portion of the City’s tax base or year-round residents or just a small fraction? · Anticipated frequency of use? · Will the layout cause the city to incur ongoing yearly costs for such responsibilities as snow plowing, slating, painting, mowing, re-paving and annual cleaning of drainage system? The City will be responsible for maintaining private roads accepted as part of this program. The Accept As-Is program only applies to those private roads that the City has been plowing and providing solid waste collection services. Accepting these roads will increase the annual road maintenance costs in the Public Works annual budget. It will also increase the backlog of roads waiting for improvement as part of the City’s road improvement capital program. Public Works recommends that the City Council change its guidance from 100% to a majority of the abutting land owners provide an easement for a street to be accepted under the Accept As-Is program. Councilor Cheney made a motion to take this agenda item off the table. Seconded by Councilor  waiting for improvement as part of the City’s road improvement capital program. Public Works recommends that the City Council change its guidance from 100% to a majority of the abutting land owners provide an easement for a street to be accepted under the Accept As-Is program. Councilor Cheney made a motion to take this agenda item off the table. Seconded by Councilor Soucy Discussion: None. By Roll Call vote: Councilor Cheney- Yes Councilor Soucy- Yes Councilor Hoffman- Yes Councilor Haynes- Yes Councilor Bogert- Yes Councilor Felch- Abs The motion passed with all in favor. 5-0 Discussion: Manager Beattie explained this was guidance that was provided in 20219 to the Mayor and Council that if we were to proceed with an accept as is road to make a private road as public that it had to have 100% of abutters to accept. The question of owner versus abutter was questioned they went to the definitions of both with the state and chose abutters. So what has been happening is they have 1 person who is holding up from moving forward and the whole process stops. Unless we can work to get the100% approval. This change will allow the council to decide what amount can be accepted if we are less than 100%, so we can schedule a public hearing and get a vote on it from the council with a majority in favor. Councilor Soucy questioned if the language had been changed from the last meeting. Manager Beattie stated there was language that needed to be changed at the last meeting, this language has been changed. Councilor Hoffman noted these requirements are needed to give the council the leeway to view each road separately because they are so vastly different from each other. Mayor Hosmer asked if the previous council discussions had been reviewed. Director Anderson said he reviewed the discussions, it has been proved very difficult to get the 100%. There was an issue with how the proposed motion was worded, the council asked for it to be reworded and brought back at the next meeting. Councilor Soucy made a motion to table, seconded by Councilor Bogert to be brought back forth on the 23 rd . The item was tabled. 22.C. Request for funding for the Elm Street School's traffic plan study The evaluation committee consisting of Public Works and the School Department selected Weston & Sampson as the firm most qualified for the School’s traffic study. The purpose of the study is to analyze the options for correcting the safety problem associated with parents lining up along Elm Street to pick up their children at the end of the school day. The study includes analyzing the options, developing a cost estimate for the City’s preferred alternative and identifying grant sources. Weston & Sampson has developed a scope of work and a cost proposal for the study. The study will look at three options: · Widening Elm Street to accommodate a lane for drivers to line up for picking up their children.  Weston & Sampson has developed a scope of work and a cost proposal for the study. The study will look at three options: · Widening Elm Street to accommodate a lane for drivers to line up for picking up their children. · Access road from Bond Beach’s driveway to Elm Street south of the School building · Access road from Bond Beach’s driveway to Elm Street north of the School building The plan is to have the study completed by November 1, 2024. The cost of this study is $63,660. Public Works recommends that the study be funded with uncommitted ARPA funds. Manager Beattie briefed the council on the item, they asked the traffic specialists to look at a variety of options. He is looking to make a change of impact fees and APRA money, Councilor Hoffman made a motion that the City Council approve using uncommitted ARPA funds and impact fees to fund the cost of the traffic Study for the Elm Street School. Seconded by Councilor Soucy Discussion: Councilor Hoffman feels there are similar issues with Woodland and Pleasant, Councilor Cheney would like to see an amendment to split the funds 60% impact fees, 40% from the ARPA Funds The motion passed with all in favor. 5-0 22.D. Sale of City-owned property on Woodland Avenue located at Tax Map 407/247/35 At the November 13, 2023 City Council meeting, the City-owned vacant lot located at Tax Map 407/247/35 was declared surplus property. The City has a written offer by the owners of the abutting property, 42 Woodland Avenue, to purchase the land for $10,000. An appraisal of the property has been completed and has an opinion of value of $60,000. The final purchase and sales agreement will include the following deed restrictions: · An easement with Laconia Water Works based on City policy will be required for the underground water line which transects the property. · The property being sold will be non-buildable aside from small “out buildings”, size TBD · The driveway will be no larger than what is currently used as a driveway, which is approximately 1,500 square feet. Motion to schedule a public hearing on 9/23/24 to gather public input on the sale of the land made by Councilor Soucy, 2 nd by Councilor Cheney Discussion: None The motion passed with all in favor. 5-0 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.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 8:11PM. Respectfully submitted, Katie Gargano, City Clerk