City Council

Minutes were approved by the City Council on November 12, 2024. CITY OF LACONIA - CITY COUNCIL MEETING City Hall - Armand A. Bolduc City Council Chamber 7:00 P.M. 10/28/2024 - Minutes 1. CALL TO ORDER Mayor Hosmer called the meeting to order at 7:01 PM 2. SALUTE TO THE FLAG Councilor Felch led the salute to the flag. 3. RECORDING SECRETARY Katie Gargano, City Clerk 4. ROLL CALL Clerk Gargano called the roll of the following councilors: Councilor Cheney, Councilor Soucy, Councilor Hoffman, Councilor Haynes, Councilor Bogert, and Councilor Felch. Mayor Hosmer confirmed that all councilors were in attendance and a quorum was established. 5. STAFF IN ATTENDANCE Kirk Beattie, City Manager; Glenn Smith, Finance Director 6. COUNCIL PROCLAMATION 7. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 7.A. City Council regular meeting minutes of October 15, 2024 Minutes of the Laconia City Council meeting of October 15, 2024 were distributed to members of the City Council on October 23, 2024. With no corrections or changes submitted to the Clerk, the minutes were accepted as distributed. 8. CONSENT & ACTION ITEMS 9. CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA No one from the public wished to speak. 10. INTERVIEWS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 11. NOMINATIONS, APPOINTMENTS & ELECTIONS 12. COMMUNICATIONS 13. PUBLIC HEARINGS 13.A. Public Hearing - Designation of the following streets as emergency lanes under RSA 231.59A, Emergency Lanes: Plantation Road and Colonial Road Notice of this Public Hearing was made available in the October 18, 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 7:49 PM. No one from the public wished to speak. Mayor Hosmer closed the Public Hearing at 7:50 PM. 14. PRESENTATIONS 14.A. Presentation from Freedom Logistics, LLC regarding a municipal electric aggregation plan Stuart Ormsby who is there to represent Freedom Logistics, LLC. Their company is active as energy consultants, working with 10 communities, including Ossipee, Greenland, Hampton, North Hampton, Merrimack, Londonderry. They have been in business for 20 years working with many Massachusetts communities, many in the western part of the state, largest community is the city of Boston. The residents are able to choose their electrical supplier. Electric Aggregation is for residential and small commercial, takes all the customers and bring them together in a pool to get the best rate for a larger buying pool. Not everyone has to opt in, they will have the opt out option. There is no need to pool together with other communities because the city of Laconia size is large enough. Council Soucy asked if their company is Public or private? Located where? Timeline? Private, auburn NH, he works for colonial power in Massachusetts, timeline could look like after meeting some Councilor Bogert- asked if the pricing is just for Laconia or is there separate pricing? How are their expenses covered? .1% Councilor Hoffman- Freedom energy has already been apart of Hydro project fund sharing with the city. How are the residents able to take advantage or opt out? If the bid is awarded, a mailing will go out to all customers who are currently not taking advantage of another program, there also will be an opt out card. There would be an information session to answer any and all questions. Making it clear if they want to opt out. Customers are able to change their mind at a later date, there is no entrance or exit fee. Councilor Soucy asked Director Smith how much money the city has received in the budget?  If the bid is awarded, a mailing will go out to all customers who are currently not taking advantage of another program, there also will be an opt out card. There would be an information session to answer any and all questions. Making it clear if they want to opt out. Customers are able to change their mind at a later date, there is no entrance or exit fee. Councilor Soucy asked Director Smith how much money the city has received in the budget? Director Smith said in the general fund the City has received approximately 5,000.00 last year. Councilor Felch asked if he is using a different supplier does, does he automatically get enrolled? No, he does not. Councilor Hoffman stated Eversource is still in charge of the transmission, maintenance of the lines, poles, maintenance. This also doesn’t interfere with budget plans existing with Eversource. Councilor Bogert asked how new residents find out about this program that the city is participating. Mr. Ormsby said they have a list they request data from Eversource and NHCOOP. Manager Beattie noted this was heard tonight based off the recommendation of the electrical aggregate committee. 14.B. Presentation from the Bureau of Economic Affairs regarding the NH Housing Champion Designation Program Andrew Dorsett from the NH Department of Business and economic affairs spoke to the council to give them information regarding the NH Housing Champion Designation Program. Leann Moynihan runs the housing champion program and let the Council know that it is targeted directly to municipalities. The funds go directly to the town. The program is for $5,000,000.00 and it is a voluntary program for municipalities to apply. The program encourages zoning reform for housing in communities. It allows for local control; they can look at the designation requirements and see where they can earn points to qualify for the designation. It provides a path for current and future funding; housing champion is not mandating the communities can choose which criteria they wish to try to earn points under to see if they qualify. The Deadline to apply is November 15, to be spent by June 30, 2025. It is strictly for workforce housing development, not low income. Mayor Hosmer mentioned at a meeting in September where there was some questions about if this was for workforce housing and there was someone who questioned the data on whether or not housing like this was even needed and if the state had done any studies and had any data. Mr. Dorsett stated there was a housing needs assessment done and it showed a vacancy rate was at .2%, and a healthy vacancy rate is 3-5%? They hear about this need by employers because there is a need for workforce housing. Councilor Cheney asked How many communities are already housing champions? Ms. Moynihan stated there are none yet, applications are due Nov 15. Councilor Soucy asked if they can define the percentages for workforce housing it is 100% of the average median income for homeownership, and rentals are 60% of the average median income. Councilor Soucy asked who will be determining who receives the grant funds? Mr. Dorsett noted his office will be reviewing the applications and selecting the winners. Councilor Bogert asked, “what is the difference between workforce housing and affordable housing”? Mr. Dorsett explained. Councilor Bogert asked about the zoning changes, Leanne replied that it was included in her handout she shared with the Council.  Mr. Dorsett noted his office will be reviewing the applications and selecting the winners. Councilor Bogert asked, “what is the difference between workforce housing and affordable housing”? Mr. Dorsett explained. Councilor Bogert asked about the zoning changes, Leanne replied that it was included in her handout she shared with the Council. Director Mora stated that they have already begun looking at the existing zoning ordinances and Laconia is very close to conforming to their requirements for the designation, there are only a few minor changes that would need to be presented to the Council. Mayor Hosmer thanked them for taking the time to come speak to the Council to explain what the designation was. 15. MAYOR'S REPORT Mayor Hosmer talked about the NH Pumpkin Festival that was hosted in Laconia this past Saturday, the weather was great, and it looked like it was a great success. He thanked the DPW, Police, Fire and Downtown businesses, and he thanked the citizens who welcomed all the visitors and to Carmen Gifford and the team at the Lakes Region Chamber of Commerce. The Sachem unveiling on Saturday was also great. There was easily about 100 spectators, he thanked Mike Smith and Chris of No limits metal works. 16. COUNCIL COMMENTS Councilor Cheney asked the city manager for a status update on the property at the corner of Rollercoaster Rd and Parade Rd. hopes to see a report regarding the concerns that were sent from James Anderson who was on the board of trustees, has 2 lengthy reports on the transition of the healthcare between lakes region general hospital and concord hospital. There are several areas where concord hospital has failed in the acquisition, he feels more needs to be done besides sending a letter to the hospital. He’d like to see an attorney hired to help navigate, he was not as impressed with pumpkin fest, he’d like to see the larger pumpkin tower to return. Mayor Hosmer noted the costs for building a tower that large, was upwards of over $30,000.00 that is why they needed to scale it back. Manager Beattie stated he and Director Smith met with the Trustees of the Trust Funds last week, they had a productive meeting, and he is confident the concerns will be addressed. Councilor Soucy stated if they were looking for a legal attorney, he doesn’t feel they should be from the Lakes region. He’d also like to see the parks and rec department take the lead on bringing this festival grand, this year was very successful and he was disappointed that it was not publicized larger. Councilor Haynes stated AAA magazine in October and November of things to do in NH and this item was not mentioned in their magazine, he feels we fall short on advertising and promoting ourselves. Councilor Felch he also agrees on the issues with the hospital. He also spoke about the defiant one unveiling, he stated that Mike Smith financed most of it, and that the pumpkin fest tower was very expensive, and he liked seeing several towers throughout downtown. Councilor Cheney would like to see the council instruct the city manager to research a law firm to assist with the problems with the hospital. Consensus of the council was affirmative. 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 and Felch)  17.A.i. WOW Trail Funding 17.A.ii. Downtown TIF Financing 17.B. PUBLIC SAFETY (Cheney (Chair), Soucy and Felch) 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 Haynes noted the community service award committee met and a report will be coming forth 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. Project Updates Report Manager Beattie presented the report to the council. 20.B. Monthly Economic Development Update Report Manager Beattie presented the report to the council. Councilor Haynes asked if the noise ordinance needs to be sent to Government Operations and Ordinances Subcommittee for review. Mayor Hosmer confirmed.  Manager Beattie presented the report to the council. Councilor Haynes asked if the noise ordinance needs to be sent to Government Operations and Ordinances Subcommittee for review. Mayor Hosmer confirmed. 21. NEW BUSINESS 21.A. Ordinance 2024-235-81 - Duration of permits This proposed amendment to the Zoning Ordinance will add a provision to Article XIII that causes all unexercised variances and special exceptions issued prior to August 19, 2013 to expire on January 1, 2028. All unexercised variances and special exceptions can still be exercised until the expiration date. This provision is authorized and controlled by RSA 674:33, IV(c). In accordance with Article XIV of the Zoning Ordinance, the Planning Board must review, approve, and hold a public hearing on all Zoning Ordinance amendments. It was unanimously approved by the Planning Board following a public hearing at their September 3, 2024 meeting. Councilor Cheney made a motion to waive a reading of Ordinance 2024-235-81 in its entirety and to read by title only. Seconded by Councilor Soucy. Discussion: None. The motion passed with all in favor. 6-0 Councilor Felch made a motion to move a first reading of Ordinance 2024-235-81 amending Chapter 235 Zoning, Article XIII Administration and Enforcement, § 235-81 Duration of Permits as presented. Seconded by Councilor Hoffman. Discussion: None. The motion passed with all in favor. 6-0 Councilor Felch made a motion to schedule a public hearing on November 12, 2024 during the regular City Council meeting to gather input prior to adoption. Seconded by Councilor Haynes. Discussion: None. The motion passed with all in favor. 6-0 21.B. Request release of Parking Kiosk Reserve Funds The parking kiosks were installed on Lakeside Ave and Endicott Rock Park’s parking lot in 2017. The systems will be eight years old when we activate them for the summer of 2025. The kiosks are computer-controlled and the number of problems with the systems is increasing which increases the time Public Works crews spend trouble shooting and repairing the systems. Our vendor has an upgrade package that inserts into our existing kiosks. The package replaces the computer and monitor systems in the kiosk. The parking kiosk reserve fund balance is $16,283.71. Public Works requests the City Council release $10,000 of the funds to purchase and install two of the upgrade packages. Public Works recommends the City Council approve the request as it will minimize the time staff spends maintaining the systems and it will improve customer service in these parking areas. The reserve fund will be reduced to $6,283.71. Councilor Haynes made a motion for the City Council approve the release of $10,000 from the parking kiosk reserve fund to purchase and install two upgrade kits in the parking kiosks on Lakeside Ave. Seconded by Councilor Felch. Discussion: Councilor Cheney thinks we should consider doing more upgrades rather than just 2 machines. Councilor Felch thinks these 2 should be approved and then we will check to see if we can do more later. The motion passed with all in favor. 6-0 21.C. Lakes Business Park Inter-Municipal Agreement  consider doing more upgrades rather than just 2 machines. Councilor Felch thinks these 2 should be approved and then we will check to see if we can do more later. The motion passed with all in favor. 6-0 21.C. Lakes Business Park Inter-Municipal Agreement On August 14, 2024, the last remaining lot was sold in the Hounsell Ave Lakes Business Park. With this sale, the intermunicipal agreement between the two communities will be terminated. However, there are two outstanding issues that need to be resolved prior to our legal termination of the contract. First, there is no mechanism laid out in the agreement to determine how to complete the contract’s terms of agreement. Second, the agreement calls for a continuation of the revenue sharing program, with the even distribution of assets or funds remaining. The Gilford Town Administrator and Laconia City Manager have met, and agreed that in conjunction with legal advice, representative(s) from the Gilford Select Board and Laconia City Council should meet to discuss the termination of this agreement. Each full board/council will have final say in the agreement. City Manager recommends the City Council appoints one or two City Councilors to work with the Laconia City Manager and Town of Gilford officials to determine a path forward for terminating the Lakes Business Park Intermunicipal Agreement. Councilor Felch made a motion to appoint Councilor Hoffman to work with the Laconia City Manager and Town of Gilford officials to determine a path forward for terminating the Lakes Business Park Intermunicipal Agreement. Seconded by Councilor Haynes. Discussion: None. The motion passed with all in favor. 6-0 21.D. Request to approve using Weirs TIF funds to rebuild and reconfigure Weirs docks As part of the FY 2025 approved budget, $100,000 was allocated to the Weirs TIF District to assist in funding the Weirs Dock Project. Councilor Felch and City Manager Beattie met with the Weirs TIF Advisory Board at their October 24, 2024, meeting to discuss this topic. The Weirs TIF Advisory Board voted affirmatively to recommend to the City Council approving that the City Manager secure financing for the full project, to be paid for by future Weirs TIF incremental funding. The final updated cost estimates and permitting requirements will be received by early December. Work could start as early as December and could be completed by the summer boating season. The estimated cost is $1,000,000.00 The City Manager recommends holding a public hearing at the November 12, 2024 City Council meeting, to support using Weirs TIF Funding to finance the Weirs Docks rebuild and reconfiguration project. Mayor Hosmer would like to see projections for the Weirs TIF. Councilor Cheney made a motion to move to schedule a Public Hearing during the City Council meeting of Tuesday, November 12, 2024, to obtain public input concerning financing the Weirs Dock Project using Tax Increment Financing District funds. Seconded by Councilor Felch. Discussion: None. The motion passed with all in favor. 6-0 22. UNFINISHED BUSINESS 22.A. Resolution 2024-24 - Request to declare Plantation Road and Colonial Road as  The motion passed with all in favor. 6-0 22. UNFINISHED BUSINESS 22.A. Resolution 2024-24 - Request to declare Plantation Road and Colonial Road as emergency lanes and collect solid waste at the curb Councilor Felch, at the October 15, 2024 City Council meeting, requested the City Council designate Plantation and Colonial Roads as emergency lanes until April 1, 2025. The City Council must hold a public hearing before declaring a private road an emergency lane. That public hearing was held earlier this evening. Letters notifying the abutting landowners of the October 28, 2024 public hearing were mailed on October 16, 2024, meeting statutory requirements. The City Council cannot declare a private road an emergency lane without the permission of the abutting landowners. Permission can be withdrawn at any time. The City Council must “determine that there is a public need for keeping such a lane passable for emergency vehicles and that it is supported by a public interest and is not for the private benefit of the abutters on that road.” If declared an emergency lane, the City may expend funds to remove brush, repair culverts or do other work “deemed necessary to render such a way passable by firefighting equipment and rescue or other emergency vehicles.” The City Council can declare the two roads as emergency lanes or winter only emergency lanes. An emergency lane declaration allows the Public Works Department to maintain the road to minimize damage to emergency vehicles during all seasons. A winter only emergency lane allows Public Works to plow and treat the roads so that emergency vehicles can access the area in the winter. The abutting landowners are responsible for all other maintenance under either option. If the City Council supports Councilor Felch’s request, Public Works recommends the expiration date for the emergency lane declaration be April 30, 2025, which will enable Public Works to respond to snowstorms for the duration of the upcoming winter, or the date of the Belknap Superior Court’s decision on Case Number 211-2024-CV-00054, Joy Sabato, et al v City of Laconia, whichever is first. Also on October 22, 2024, Councilor Felch requested that the City collect solid waste at the curb for those properties that abut Plantation and Colonial Roads during the period of the emergency declaration. City ordinance 194-4-B prohibits the City’s “solid waste collection contractor from entering a privately owned driveway, roadway or lane for the purpose of collection of garbage or residential household rubbish from privately owned property.” Declaring a road an emergency lane does not change its status. It is still a private road. Therefore, the Council will have to approve an exception to the City ordinance to collect solid waste at the curb. All private road abutters receiving City solid waste collection services have to bring their containers to a public right of way to have their waste collected by the contractor. Approving this exception may result in abutters on other private roads requesting an exception. Public Works recommends that the City Council not approve this request as it may result in other private roads requesting an exception which, if approved, could result in the City’s solid waste collection program exceeding its budget. The cost to maintain these roads will be funded from the winter maintenance budget. Collecting solid waste at the curb for the two private roads will not exceed the collection contracts “stop” limits and thus will not result in an increase in the cost of collection. Public Works recommends that City Council declare Plantation and Colonial Roads as emergency  The cost to maintain these roads will be funded from the winter maintenance budget. Collecting solid waste at the curb for the two private roads will not exceed the collection contracts “stop” limits and thus will not result in an increase in the cost of collection. Public Works recommends that City Council declare Plantation and Colonial Roads as emergency lanes with an expiration date of April 30, 2025, or the date of the Belknap Superior Court’s decision on Case Number 211-2024-CV-00054, Joy Sabato, et al v City of Laconia, whichever is first. Public Works recommends that the City Council not approve the exception for collecting solid waste at the curb on Plantation and Colonial Roads. Councilor Cheney made a motion that the City Council declare Plantation and Colonial Roads as emergency lanes with the declaration expiring on April 30, 2025, regardless of the Belknap Superior Court’s decision on Case Number 211-2024-CV-00054, Joy Sabato, et al v City of Laconia, prior to April 30. Seconded by Councilor Felch. Discussion: None. The motion passed with all in favor. 6-0 Councilor Felch made a motion that the City Council approves an exception to City Ordinance 194-4- B and allow the City’s solid waste collection contractor to collect solid waste at the curb on Plantation and Colonial Roads during the period the two roads remain an emergency lane. Seconded by Councilor Cheney. Discussion: Councilor Hoffman wants to know why public works does not approve of this change? Mayor Hosmer stated they do not want to set a precedent. The motion passed with all in favor. 6-0 22.B. Community Power Authorization This agenda item is to authorize the City Manager to negotiate an agreement with Freedom Logistics LLC dba Freedom Energy Logistics to perform the services required to develop and obtain regulatory approval for an aggregation plan and implement and operate a municipal electric aggregation program. These services will be provided for the City in accordance with RSA 53-E. Due to the volatility of electricity costs in recent years, the City Council authorized the formation of the Electric Aggregation Committee to explore providing community power to Laconia residents. After reviewing programs offered by several consultants and discussing the benefits and disadvantages of each with legal counsel, the Committee unanimously recommended the City partner with Freedom Logistics LLC. The City has a history of working with Freedom Energy. By expanding our partnership, the City will receive greater savings on current and future group net metering agreements, procurement services of electricity for City buildings, and management of the City’s community power program while allowing the City to maintain full control over the program. For these reasons, the Committee recommends the City Council enter into an agreement with Freedom Logistics LLC to perform the services required for the City under RSA 53-E. There is no direct or immediate fiscal impact to the City. The Electric Aggregation Committee recommends the City Council authorize the City Manager to work with Freedom Energy Logistics LLC to develop and implement a community power program. Councilor Hoffman made a motion to authorize the City Manager to negotiate and sign all documents relating to an agreement with Freedom Logistics LLC to develop and implement a municipal electric aggregation plan in accordance with RSA 53-E. Seconded by Councilor Haynes. Discussion: None. The motion passed with all in favor. 6-0 23. FUTURE AGENDA ITEMS 23.A. Master Plan  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 Hosmer adjourned the meeting at 8:58 PM. Respectfully Submitted, Katie Gargano, City Clerk