City Council

Minutes were approved by the city council on 10/15/2024. CITY OF LACONIA - CITY COUNCIL MEETING City Hall - Armand A. Bolduc City Council Chamber 7:00 P.M. 9/23/2024 - Minutes 1. CALL TO ORDER Mayor Pro Tem Haynes called the meeting to order at 7:00 PM 2. SALUTE TO THE FLAG Councilor Cheney 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. Absent: Mayor Hosmer. Mayor Pro Tem Haynes noted that all councilors were present, and a quorum was established. 5. STAFF IN ATTENDANCE Kirk Beattie, City Manager; Glenn Smith, Finance Director 6. COUNCIL PROCLAMATION 6.A. Proclamation - Got Lunch! Laconia Mayor Pro Tem Haynes presented the following Proclamation to several members of the Got Lunch! Committee. PROCLAMATION WHEREAS Got Lunch! Laconia launched in the summer of 2011 and has been providing weekly food deliveries to families of City of Laconia children every summer since; and WHEREAS the Got Lunch! Laconia program is a community-based effort created to address the food insecurity of Laconia’s school children; not only those who receive free and reduced lunch during the school year, but also for any student registered in the Laconia School District who can benefit from this program, whether public, private or home schooled. The program’s mission is to address this need by delivering healthy groceries directly to children’s homes during the ten weeks of summer; and WHEREAS in the summer of 2024 the Got Lunch! Laconia program helped 469 of the City’s children with the assistance of 140 tireless and dedicated volunteers, delivering fresh vegetables, healthy food and literacy materials over the summer months; and  address this need by delivering healthy groceries directly to children’s homes during the ten weeks of summer; and WHEREAS in the summer of 2024 the Got Lunch! Laconia program helped 469 of the City’s children with the assistance of 140 tireless and dedicated volunteers, delivering fresh vegetables, healthy food and literacy materials over the summer months; and WHEREAS as a testament to the success of the program, there has been a growing list of other communities in the Lakes Region that have implemented similar programs; NOW, THEREFORE, I ANDREW J. HOSMER, MAYOR of the City of Laconia, in the State of New Hampshire, do hereby proclaim September 23, 2024 as Got Lunch! Laconia day in the City of Laconia, New Hampshire, and urge all residents to recognize the amazing Got Lunch! Laconia volunteers and to thank them for the great work they are doing in our community. Given under my hand and the seal of the City of Laconia this 23 rd day of September in the year of our Lord two thousand and twenty-four. Andrew J. Hosmer, Mayor 7. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 7.A. City Council regular meeting minutes of September 9, 2024 Minutes of the Laconia City Council meeting of September 9, 2024, were distributed to members of the City Council on September 17, 2024. With no corrections or changes submitted to the Clerk, the minutes were accepted as distributed. 7.B. City Council special non-public session meeting minutes of August 12, 2024 Minutes of the Laconia City Council non-public meeting of August 12, 2024, were distributed to members of the City Council on September 9, 2024. With no corrections or changes submitted to the Clerk, the minutes were accepted as distributed. 8. CONSENT & ACTION ITEMS 8.A. TTO 2024-15 - LHS Homecoming Parade The Laconia High School has requested approval of a Temporary Traffic Order for the LHS Homecoming Parade from 4:30 PM to 5:30 PM on Friday, September 27, 2024. Councilor Felch made a motion to approve Temporary Traffic Order 2024-15, LHS Homecoming Parade, to be held on September 27, 2024, from 4:30 PM to 5:30 PM. Seconded by Councilor Bogert. Discussion: None The motion passed with all in favor. 6-0 Item 21.B was heard next. 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA Scott Mowery of 226 Hillcrest Drive, spoke upon the need for 100% of the owner’s abutters and they currently have 2 signatures missing. City Manager Beattie confirmed there is an agenda item on this topic this evening. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS  this evening. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Sale of City-owned property on Woodland Avenue located at Tax Map 407/247/35 Notice of this Public Hearing was made available in the September 12, 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. Mayor Pro Tem Haynes opened the Public Hearing at 7:20 PM No one from the public wished to speak. Mayor Pro Tem Haynes closed the Public Hearing at 7:21 PM. 14. PRESENTATIONS 15. MAYOR'S REPORT None. 16. COUNCIL COMMENTS Councilor Cheney spoke about an update received in Oct 2023 about accept as is roads, he’d like to see an update next month from the DPW Director. He’d also like to compliment Nancy Brown from the City Manager’s office for providing double sided printed Council Agenda’s. Councilor Soucy had a request from a constituent to bring an issue forward regarding Howard Ave to the Public Safety Committee. He alerted the DPW Director and the Fire Chief about the safety concerns. The item was referred to the subcommittee. 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.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 19. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS Tom Seigle of 44 Village Court is opposed to the City to be moving the designation of the housing champion, he also is opposed to the city already moving forward with the project on old north main and they never formed a committee or got any opportunity to voice their concerns, he’s wondering where the transparent process went. Manager Beattie noted that the housing champion designation and the RFQ process for the land on Old North Main St is not related. The RFQ submission deadline was this past Thursday, no one from the Council has seen or reviewed the RFQ’s to determine if they like any of them or if they wish to move forward and form the committee. Bill Milner of 36 Marshall Court stated the number of people are present tonight over fear, the residents are fearful that the workhouse housing, or manufacturing housing, is appropriate for the area he doesn’t feel they should be the canaries. There will need to be a report to the state of NH that will need to be submitted. The second word is trust and they sent in petitions of over 200 people. He feels the tiny home project in Dover is degrading and he can’t believe that the city is favorably impressed by this way of living is shocking to him. He stated they support the right housing in the right places and at the right time. He urges the council to earn their trust back. Rick Gurgigno of 28 Village Court wants to know what the projected building density would be for this project and has a concern about how this project would be managed in the future, he didn’t see any plans. Manager Beattie stated in the RFQ it did not ask for building density. He’d like to see more transparency from the city. Councilor Hoffman stated that there is a need for housing, and we are at the very beginning stages of looking at what the possibilities could be for that parcel. Councilor Soucy feels that there is a link between the champion city designation and the rfq for this process. He feels the city is moving too fast and needs to put on the brakes. Matt Cashman of 44 Marshall Court, he reiterated that he agrees everyone here tonight, they are not in favor of this, he has experience in this field, and he’d like to be considered for the committee, when it is formed. Manager Beattie stated The RFQ’s came in Thursday afternoon, he started looking at them Friday afternoon. Fran Seagal of 44 Village Court says this represents a major change to the way of life for the people living in  Matt Cashman of 44 Marshall Court, he reiterated that he agrees everyone here tonight, they are not in favor of this, he has experience in this field, and he’d like to be considered for the committee, when it is formed. Manager Beattie stated The RFQ’s came in Thursday afternoon, he started looking at them Friday afternoon. Fran Seagal of 44 Village Court says this represents a major change to the way of life for the people living in this area, she feels like this group of council is not protecting their way of life. Christina O’Neill -30 Round Bay Rd she’d like to see the group that is present here tonight be able to stand up, give their name and address, to show their support or designation towards this project. She also asked if there has been a study for the need of workforce housing. Councilor Hoffman stated there is a significant need for housing in Laconia and in our state given the number of homeless people that are out in the community. Ms. O’Neill insinuated that this project is for the homeless and Councilor Hoffman stated no that it was not. BiIl Milner of 36 Marshall Court stated he’d like to see the state school property have priority, they do not support work force housing on the Old North Main Street property. Manager Beattie stated there were two sets of signatures that were submitted as a petition against the development on Old North Main Street, they are on record with the City Clerk. Copies were also given to all of the Councilors. 20. CITY MANAGER'S REPORT 20.A. Project Updates Report Manager Beattie gave the project updates report to the City Council. 20.B. Monthly Economic Development Report Manager Beattie went over the report with the Council, he also gave an update on the political signs which is mirrored to the NH State RSA. Items 21 E & 21 F were heard next. 21. NEW BUSINESS 21.A. Resolution 2024-20 relative to authorizing the City Manager to accept and expend an Office of Highway Safety Grant on behalf of the City in the amount of $47,607.50 for the Laconia Police Department This is a request from the Laconia Police Department to accept and expend a grant from the Office of Highway Safety in the amount of $47,607.50 to be used for the following project titles: Speed Enforcement Patrols $ 8,000.00 DUI Enforcement $ 5,000.00 Distracted Driving $ 2,800.00 Pedestrian Bicycle $ 3,000.00 Seatbelt Mobilization $ 850.00 Impaired Driving Mobilization $ 1,700.00 Distracted Driving Mobilization $ 850.00 Speed Equipment $20,407.50 Community Outreach & Betterment (COB) Grant $ 5,000.00  Distracted Driving Mobilization $ 850.00 Speed Equipment $20,407.50 Community Outreach & Betterment (COB) Grant $ 5,000.00 Totaling $47,607.50 Fiscal Impact: The City’s share of this grant is $13,602.50, which will be entirely covered by in-kind services. Councilor Soucy made a motion to approve Resolution 2024-20 seconded by Councilor Felch. Discussion: None. The motion passed with all in favor. 6-0 21.B. Lease agreement between the City of Laconia / Laconia Airport Authority and 11 Corporate Aviation, LLC This is a new lease with Mark Woglom, d/b/a 11 Corporate Aviation, LLC. The lease area is Development Zone #3 on the new development area known as Crosswinds, adjacent to and inclusive of the closed runway. Mr. Woglom intends to construct a hangar 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 year. Fiscal Impact: The City incurs no cost; the revenue generated by this lease agreement amounts to $7,372.60 for the first-year base rental, payable to the Laconia Airport Authority to operate the airport. At its meeting on Thursday, September 12, 2024, the Laconia Airport Authority authorized Andrew J. Hosmer to sign the agreement on behalf of the LAA as Chair. The Laconia Airport Authority is seeking approval from the City Council for Kirk Beattie to sign the agreement on behalf of the City as City Manager. Marv Everson spoke to the Council about how this is the same thing he was last here for. This is number 2 out of 9 to be negotiated. This has already been approved by the airport authority. Councilor Felch made a motion to authorize City Manager Kirk Beattie to sign the Lease Agreement with Mark Woglom, d/b/a 11 Corporate Aviation, LLC, as requested. Seconded by Councilor Soucy Discussion: Councilor Bogert asked about when a hangar is built on the, what happens if they wish to move in prior to the 40 years of the lease expiring. Mr. Everson stated the owner can sell at any time and the city still owns the land. Most often the new owner will assume the current lease. Councilor Bogert asked if the hangar owner and the owner of the lease is allowed to sublet it out? Mr. Everson confirmed yes, they can, but only with approval by the airport authority. Councilor Cheney asked about clarification on the term length. Councilor Cheney would like to see the lease value reviews to be done every 10 years rather than 20 years. He would like to amend the motion seconded by Councilor Bogert. Mr. Everson explained the process on the values consistently being updated annually based off the CPI. Councilor Cheney withdrew the amendment. The motion passed with all in favor. 6-0 21.C. Resolution 2024-21 - Acceptance of a fully funded grant to replace the Mill Street pedestrian bridge The City of Laconia has been awarded a fully funded Community Project Funding (CPF) grant of $810,000. The grant was originally submitted to Congressman Chris Pappas’s Congressionally Directing Spending Program. The grant is administered by the Department of Housing and Urban Development (HUD). HUD has assigned a Grant Number for the project; B-24-CP-NH-1378. The Department of Public Works will administer this project in a very similar way to how NHDOT  The City of Laconia has been awarded a fully funded Community Project Funding (CPF) grant of $810,000. The grant was originally submitted to Congressman Chris Pappas’s Congressionally Directing Spending Program. The grant is administered by the Department of Housing and Urban Development (HUD). HUD has assigned a Grant Number for the project; B-24-CP-NH-1378. The Department of Public Works will administer this project in a very similar way to how NHDOT projects are administered. This will include an Engineering Study Phase, Public Hearing of Proposed Actions, Preliminary Engineering and Final Engineering to create Issue for Construction Documents. Construction could begin as soon as 2026. This grant was included in the list of Anticipated Grants included in the FY25 budget. A Public Hearing covering Anticipated Grants was conducted during the City Council meeting of June 10, 2025. No additional Public Hearing is required prior to acceptance of this grant. Councilor Soucy made a motion to approve Resolution 2024-21 relative to accepting and expending a Community Project Funding (CPF) grant on behalf of the City in the amount of $810,000 to replace the Mill Street Pedestrian Bridge as presented, and to authorize the City Manager to sign the Grant Agreement with the Department of Housing and Urban Development and be the Authorized Official (AO) for the grant. Seconded by Councilor Felch Discussion: None. The motion passed with all in favor. 6-0 21.D. Resolution 2024-22 - Relating to a supplemental appropriation of funds to allow the Sanitary Sewer Fund (SSF) to purchase two new vehicles The City of Laconia’s Sanitary Sewer Fund (SSF) would like to replace one vehicle on its fleet as well as add one vehicle to its fleet. The proposal is to fund the purchases from the SSF’s cash account balance. Sewer Operator’s Vehicle: The Sewer Department needs a secondary vehicle to be used in the daily operations and maintenance of the City’s sewer system. Our two operators currently drive a 2018 Ford F550 equipped with a crane, air compressor, etc. This truck is approximately 16,000 lbs. and powered by a gas motor, which results in a lot of wear and tear. The cost of this service vehicle was approximately $120k so purchasing this vehicle will help keep it in good operating condition for years to come. The weight of the service truck makes it difficult to control in inclement winter weather conditions as it is rear wheel drive only. The SSF would purchase a compact pickup truck to use when the service truck isn’t necessary. If approved the vehicle would cost $33,299 MSRP. DPW Assistant Director/City Engineer/SSF Superintendent’s Vehicle: The DPW Assistant Director has an aged police cruiser sedan. While the vehicle may have a couple more years of life in it, a vehicle with significantly more ground clearance with greater fuel efficiency would be an effective use of SSF resources. A compact SUV would cost $35,499 MSRP. Fiscal Impact: After the $70k purchase of two vehicles; the SSF’s account net fund balance would be approximately $2.8m. Councilor Bogert made a motion to waive a reading of Resolution 2024-22 in its entirety and to read by title only. Seconded by Councilor Cheney Discussion: None. The motion passed with all in favor. 6-0 Councilor Bogert made a motion to move the first reading of Resolution 2024-22 relating to a supplemental appropriation of funds to allow the Sanitary Sewer Fund (SSF) to purchase two new vehicles. Seconded by Councilor Soucy Discussion: None. The motion passed with all in favor. 6-0 Councilor Hoffman made a motion to schedule a Public Hearing on October 15, 2024 during the regular City Council meeting to gather public input prior to any action being taken. Seconded by Councilor Felch Discussion: None.  The motion passed with all in favor. 6-0 Councilor Hoffman made a motion to schedule a Public Hearing on October 15, 2024 during the regular City Council meeting to gather public input prior to any action being taken. Seconded by Councilor Felch Discussion: None. The motion passed with all in favor. 6-0 21.E. City Council support for Housing Opportunity Planning (HOP) Grant application This agenda item is for the City Council to formally declare its support for the City to pursue a Housing Opportunity Planning (HOP) Grant in the amount of $100,000. As part of Governor Sununu’s $100 million InvestNH initiative, $5 million has been allocated to provide grants to municipalities to analyze and update their land use regulations to help increase opportunities for housing development. The NH Department of Business and Economic Affairs has contracted with New Hampshire Housing to administer this program. Due to the overwhelming response to the program, the initial allocation was exhausted in the first ten months. In spring 2024, an additional $2.9 million was allocated to the program. The deadline for this second wave of funding is September 30, 2024. The Planning Department will use this grant to rewrite the Land Use and Vision sections of its Master Plan and add Housing and Implementation chapters. Funds will also be used to audit the City’s Zoning Ordinance, Subdivision Regulations, and Site Plan Review Regulations for causes of a lack of affordable housing in the City and identify potential changes to these regulations. Community engagement will be an important part of this process. Manager Beattie stated the City Planner and Assistant Planner are here tonight to answer any questions that the council may have, earlier in the year the city was a finalist for a grant through the congressional direct spending to do the master update. If the city was awarded the grant, we would still be in front of you again for a public hearing and council approval, they are just looking for support to apply this evening. The planning department would include the support with the application because it is such a large grant. Councilor Cheney asked a question if this grant application is strictly for the master plan and not for any other projects? Assistant Carmichael stated yes and because it is a housing opportunity grant, they would like to look into adding a housing chapter. This chapter would not be for a particular type of housing, it would be housing as a whole for the City. Councilor Hoffman asked if part of the master plan process, they would look into the housing shortages the city has and what types of housing is needed? Assistant Carmichael said that they already have a study that was done by the Lakes Region Planning Commission that was done in 2023, it does not say the type of housing needed but it does say the number of housing units that will be needed by 2040. They would like to look into this further just for the city of Laconia rather than regionally because they feel like they don’t have enough data to understand what our true needs are. Councilor Cheney asked Mr. Carmichael if anyone told them to apply for this grant for the proposals being looked at related to the parcel on Old North Main Street? Mr. Carmichael stated no, the primary purpose of this funding is for the master plan. Councilor Soucy asked if there will be any ordinances or rules that would be changed in order to use these funds? Mr. Carmichael said no, after the review/audit any proposed changes would have to go through the planning board and city council. City Planner Rob Mora answered this money is primarily for master plans, it will also be used for planning charettes to be held in the City to hear from the residents. Councilor Bogert stated a master plan should only be updated every 10 years. Director Mora stated it is recommended to be done every 5-10 years. He then asked how the modules get added into the master plan? Director Mora said that technically the planning board has the authority to adopt the master plan. Councilor Bogert feels that people look at the master plan as a bible and if the council doesn’t have the authority to give approval or disapproval on items within the master plan, but we will have to live with the results.  Councilor Bogert stated a master plan should only be updated every 10 years. Director Mora stated it is recommended to be done every 5-10 years. He then asked how the modules get added into the master plan? Director Mora said that technically the planning board has the authority to adopt the master plan. Councilor Bogert feels that people look at the master plan as a bible and if the council doesn’t have the authority to give approval or disapproval on items within the master plan, but we will have to live with the results. Director Mora explained the Master Plan is a guide as we move forward as a City, it does not dictate how they do their day to day operations. Mayor Pro Tem Haynes noted the Council does appoint the people who are on the Planning Board. Councilor Soucy stated this will give them a study, it is just a study, it does not change any planning or zoning ordinances. Councilor Bogert stated that after sitting on the zoning board for 25 years that the master plan was seen as a bible and was used for decision making and he has seen things make their way to court. Councilor Felch made a motion that the City Council declare its support for the Planning Department to submit an application for a Housing Opportunity Planning Grant and allow the City Manager to sign a letter of support and the application documents. Seconded by Councilor Hoffman Discussion: None. The motion failed. The vote was 3-3 with Councilor Cheney, Councilor Soucy, and Councilor Bogert opposed. 21.F. City Council support for Housing Champion designation This agenda item is for the City Council to formally declare its support for the City to pursue becoming the first municipality in the State to receive a Housing Champion Designation from the NH Department of Business and Economic Affairs (BEA). The New Hampshire Housing Champion (HC) Designation and Grant Program was established pursuant to RSA 12-O:71-75 which enables communities designated as Housing Champions to access additional funding opportunities that support the development of housing that meets the economic needs of the City. Should the City receive an HC Designation, it will receive the following: · Preferential access to State resources including, but not limited to, discretionary State infrastructure funds. · The ability to receive additional funding through the following programs: o Housing Production Municipal Grant Program o Housing Infrastructure Municipal Grant and Loan Program To qualify for an HC Designation, the City must meet certain criteria outlined in the Program’s Administrative Rules (Bea 500). This criteria includes: · Adoption of various land use regulations designed to spur sustainable development. · Regular training of Planning Board and Zoning Board of Adjustment members. · Implementation of and planning for water and sewer infrastructure upgrades. · Implementation of and planning for transportation and walkability infrastructure. · Financial incentives for sustainable development. · Other activities undertaken by the City to spur sustainable development.  · Implementation of and planning for transportation and walkability infrastructure. · Financial incentives for sustainable development. · Other activities undertaken by the City to spur sustainable development. The Planning Department is currently working to meet the criteria established by the end of October to ensure it is prepared to apply for the designation once NH BEA launches the program. There is no publicly released launch date, but it is expected to be imminent. With the City Council’s support, the Planning Department will work with the Planning Board at its October 1 meeting to amend the Zoning Ordinance as required by NH BEA. Manager Beattie stated this was not intentionally to be crossed into the city owned. Motion to table by Councilor Felch seconded by Councilor Hoffman. The motion failed. The vote was 3-3 with Councilor Cheney, Councilor Soucy, and Councilor Bogert opposed. Councilor Cheney stated this is too early in the game to support this without seeing what is going to happen with the state school property. Councilor Hoffman wants to know what zoning ordinances need to be amended for this designation. Councilor Bogert stated he researched this for over 3 hours and saw that it touches 25 RSA’s on zoning. Councilor Soucy wants to know what the rush is on there, where did the push come from to get this done? Assistant Planner Tyler Carmichael stated the conversation stated with a conversation with the Mayor, City Manager, and BEA. BEA is getting ready to roll out the program and the state is going to prioritize how they give out the funds. There technically is no rush to apply, it is going to be a rolling application over time. Councilor Soucy stated that when he first read about this, he thought there was something more behind it, and he feels that we do not need to be number one. He understands it is a great thing to try to get more money for things like water and sewer. Mr. Carmichael agrees that yes, we don’t need to be number one, but the funds a limited so he believes that was one of the driving factors. Councilor Bogert made a motion that the City Council declare its support for the Planning Department to pursue the criteria required by the NH Department of Business and Economic Affairs to become the first Housing Champion Community in the State. Seconded by Councilor Cheney Discussion: None. The motion failed with no one in favor. 0-6 22. UNFINISHED BUSINESS 22.A. 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.  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” of 200 square feet or less. · The driveway will be no larger than what is currently used as a driveway, which is approximately 1,500 square feet. At the September 9, 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 Soucy made a motion to approve the sale of City-owned surplus property located on Woodland Avenue at Tax Map 407/247/35 as presented, and to authorize the City Manager to sign any documents related to this matter. Seconded by Councilor Cheney Discussion: None. The motion passed with all in favor. 6-0 22.B. Request to create a Community Service Recognition Award Committee Councilor Haynes requested that the City Council consider creating a Community Service Recognition Award Committee. This Committee would present an award 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. At their September 9, 2024 meeting, the City Council was in agreement with establishing this Committee and asked that a more formal motion be presented at this evening’s meeting. In addition, it was recommended that the Committee be named the “Bob Hamel Community Service Recognition Award Committee”, with the award to be presented in his honor. The Committee will consist of Councilor Haynes, Councilor Felch, City Clerk Katie Gargano, Parks and Recreation Director Amy Lovisek, and three members of the community yet to be named. The 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. Councilor Cheney made a motion to establish the “Bob Hamel Community Service Recognition Award Committee” to present an award on a periodic basis 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. Seconded by Councilor Soucy Discussion: None. The motion passed with all in favor. 6-0 22.C. 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, 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% A majority 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% a majority 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 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 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. Manager Beattie explained the current guidance. Councilor Bogert made a motion to take this agenda item off the table. Seconded by Councilor Felch Discussion: None. The motion passed with all in favor. 6-0 Councilor Soucy made a motion that the City Council approve amending guidance under the Accept As-Is program, which currently states 100% of abutting landowners provide an easement for an eligible private road to be accepted and change guidance to a majority of abutting landowners provide an easement for an eligible private road to be accepted. Seconded by Councilor Felch Discussion: Councilor Hoffman asked for clarification if it is accepted as is then they can bring a petition to the council to start the betterment process? The motion passed with all in favor. 6-0 22.D. Temporary Traffic Order 2024-14 - NH Pumpkin Festival - Revised A revised Temporary Traffic Order 2024-14 is attached in relation to this year’s Pumpkin Festival for the Council’s review and approval. This revised TTO reflects changes made by the Lakes Region Chamber of Commerce regarding the event since the Council approved the initial TTO at a previous meeting. This revised TTO has been reviewed by the Police Department, the Fire Department and the Department of Public Works. TEMPORARY TRAFFIC ORDER 2024-14 NH PUMPKIN FESTIVAL According to the provisions of Chapter 221, Section 53 of the Laconia City Ordinances, the City Council hereby adopts the following Temporary Traffic Order: This order shall become effective on Friday morning, October 25, 2024 beginning at 1:00 am and ending at 10:00 am on Sunday morning, October 27, 2024 (unless otherwise specified below). On Friday morning, October 25, 2024 beginning at 1:00am: Council hereby adopts the following Temporary Traffic Order: This order shall become effective on Friday morning, October 25, 2024 beginning at 1:00 am and ending at 10:00 am on Sunday morning, October 27, 2024 (unless otherwise specified below). On Friday morning, October 25, 2024 beginning at 1:00am: · The municipal parking lot between Main Street and Pleasant Street will be closed to allow for the setup of oversized tents and staging. On Saturday, October 26, 2024 beginning at 1:00am: · Main Street will be closed from the intersection of Beacon St. E. and Beacon St. W. up to the traffic signals at the south end of the intersection of Church St., N. Main and Veterans Square. · Hanover Street will be closed from Main St. to Beacon St. E. · Canal Street will be closed from Main St. to Beacon St. E. · Veterans Square will be closed from west side of Main St. To the east side of Pleasant St. · Pleasant Street will be closed from Veterans Square south to the intersection of Main St. · Municipal Parking Lot between Main St. and Pleasant St. will already be closed. Beginning Monday, October 21, 2024 there will be a pedestrian crosswalk detour between both Main St. public parking lot entrances. A pumpkin tower will be set up on the sidewalk. Pedestrians will be rerouted onto the adjacent parking spaces abutting the street, closing down those parallel parking spaces for pedestrians until the tower is taken down on November 1, 2024. Concrete barriers will separate the temporary pedestrian route from vehicular traffic on Main Street. Notes: ? Beacon St. E. and W. will be open with access to municipal parking lots on both streets. ? Appropriate signage shall be provided by the Department of Public Works and placed at the intersections of all streets or portions of streets that are closed to vehicular and pedestrian traffic. All barricades will be provided by the Department of Public Works. ? There will be no motorized parades that require special traffic orders. ? Railroad crossings: Patriot Rail will run a dinner train on Friday evening, October 25, 2024 and on Saturday, October 26, 2024 trains will depart every hour from the train station traveling North toward Lakeport and Weirs Beach beginning at 11 am through 6 pm. ? The two-hour parking limit in the Downtown vicinity will not be enforced during the hours of the event from 10 am to 12 midnight. ? Placement of activities and vendors in all locations will allow for emergency vehicle access if required during the event. ? Lakes Region Chamber of Commerce will provide a certificate of liability insurance in an amount of not less than one million dollars ($1,000,000) for the event. Councilor Soucy asked about parking ticket enforcement in the weirs. Director Anderson stated the city ordinance states the parking kiosks end after Columbus Day. Councilor Felch stated there isn’t much going on in the Weirs now, the businesses maybe doing something but their won’t be any extra vendors participating.  Councilor Soucy asked about parking ticket enforcement in the weirs. Director Anderson stated the city ordinance states the parking kiosks end after Columbus Day. Councilor Felch stated there isn’t much going on in the Weirs now, the businesses maybe doing something but their won’t be any extra vendors participating. Councilor Bogert made a motion to approve the revised Temporary Traffic Order 2024-14 for the 2024 NH Pumpkin Festival as presented. Seconded by Councilor Hoffman 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 24. Any other business that may come before the Council 25. NON-PUBLIC SESSION (According to RSA 91-A:3, II) 26. ADJOURNMENT Mayor Pro Tem Haynes adjourned the meeting at 8:43 PM. Respectfully Submitted, Katie Gargano, City Clerk