City Council

Minutes were approved on 3/27/2024 by the Government Operations & Ordinances Subcommittee. CITY OF LACONIA - CITY COUNCIL SUBCOMMITTEE MEETING Government Operations & Ordinances 6:00 P.M. 3/10/2025 - Minutes 1. CALL TO ORDER Chairman Haynes called the meeting to order at 6:09 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 committee members: Councilor Cheney, Councilor Haynes & Councilor Felch. All members were in attendance and a quorum was established 5. STAFF IN ATTENDANCE Kirk Beattie, City Manager 6. APPROVAL OF MINUTES 6.A. Approval of Government Operations and Ordinances Subcommittee meeting minutes of February 21, 2025 Councilor Cheney made a motion to approve the Minutes of the meeting of the Government Operations & Ordinances Subcommittee were distributed to members of the Subcommittee on March 4, 2025. Seconded by Councilor Felch. The motion passed with all in favor. 7. GOVERNMENT OPERATIONS & ORDINANCES (Haynes, Felch, Cheney) 7.A. Proposed change to City Code 201-7, Depositing Snow or Ice During recent snowstorms contractors plowing for commercial and multifamily properties plowed all the snow from their parking lots onto City sidewalks. The depth of these snow piles prevented Public Works sidewalk tractors from plowing those sidewalks. Public Works is proposing changes to the applicable ordinances to require property owners to remove the snow they piled on City sidewalks or roads within 24 hours (some sidewalks should be cleared earlier) and, if they do not remove the snow timely, fine the property owner and recover the cost of Public Works removing their snow from the sidewalk. Public Works is proposing changes to the applicable ordinances to require property owners to remove the snow they piled on City sidewalks or roads within 24 hours (some sidewalks should be cleared earlier) and, if they do not remove the snow timely, fine the property owner and recover the cost of Public Works removing their snow from the sidewalk. An 1898 decision by the NH Supreme Court (State v. Jackman 69 NH 318) determined that it was unconstitutional for municipalities to “compel persons to keep the snow, ice and dirt from the sidewalks in front of premises owned or occupied by them.” The City Attorney’s interpretation is that this decision applies to snow/ice from a storm falling on a sidewalk not snow being piled onto a sidewalk by abutting property owners. The following are the two applicable Ordinances that address this problem 201-4 Obstructing sidewalks and other areas within street right-of-way. [Amended 6-13-2005 by Ord. No. 05.2005.05] No person or corporation shall put or place or cause to be put or placed upon any sidewalk, street or grassed or otherwise City-maintained area within the street right-of-way, except temporarily in loading or unloading, any stand, box, barrel, trunk or other article which obstructs or tends to obstruct the free passage of pedestrians, or which might interfere with the maintenance of that area as determined in the sole discretion of the Director of the Department of Public Works. § 201-7 Depositing snow or ice. No person shall throw or put or cause to be thrown or put any snow or ice into any street, land or alley from any place outside thereof, except temporarily in case of necessity on account of no other place being available; and, in such case, he shall immediately remove the same or cause it to be removed. The Ordinances do not establish a time limit for removing the snow and the fines associated with these ordinances are presently: Offense Fine 1st $25 2nd $75 3rd $150 The fines do not cover the cost of the City removing the snow if the property owner refuses to remove the snow. Public Works’ concept is to change the Ordinance: From: No person shall throw or put or cause to be thrown or put any snow or ice into any street, land or alley from any place outside thereof, except temporarily in case of necessity on account of no other place being available; and, in such case, he shall immediately remove the same or cause it to be removed. To: No person shall throw or put or cause to be thrown or put any snow or ice into any street, land or alley from any place outside thereof, except temporarily in case of necessity on account of no other place being available; and, in such case, he shall remove the same or cause it to be removed in 24 hours from the end of the snow phase of the storm unless the sidewalk is critical for pedestrian travel as determined in the sole discretion of the Director of the Department of Public Works. The City will bill the property owner for the cost of removing the snow if the City has to remove the snow at its expense.  No person shall throw or put or cause to be thrown or put any snow or ice into any street, land or alley from any place outside thereof, except temporarily in case of necessity on account of no other place being available; and, in such case, he shall remove the same or cause it to be removed in 24 hours from the end of the snow phase of the storm unless the sidewalk is critical for pedestrian travel as determined in the sole discretion of the Director of the Department of Public Works. The City will bill the property owner for the cost of removing the snow if the City has to remove the snow at its expense. Public Works proposed fines follow: Plowing snow into the road. 1st Offense $100 2nd Offense $200 3rd or more offense $300 Piling snow onto City sidewalk. 1st Offense $200 2nd Offense $400 3rd or more offense $800 Discussion: Councilor Felch would like to see the words “snow to be removed immediately otherwise in not within 24 hours they will receive a fine.” Director Anderson noted it for a change. Councilor Haynes asked for a definition of snow in the road. Director Anderson explained the issue is people having their snow pushed across the street. Councilor Cheney asked about the property owners being held responsible. Director Anderson noted it and will review it with the city attorney. Councilor Felch is wondering about the proposal of the fines being different from the roads to the sidewalks. Director Anderson stated the impact is typically more on the sidewalk than on the road. The Councilors would like to see the fines the same. The fines will be for the piling snow. Councilor Cheney move that the Government Operations and Ordinances Subcommittee concurs with the proposed change to the Ordinance with amendments to enable Public Works to finalize the proposed changes with the City Attorney. Seconded by Councilor Felch. The motion passed with all in favor. 3-0 Director Anderson noted he will bring this back to the committee after the changes are okay with the City Attorney. 8. CITIZENS REQUESTS TO COMMENT ON CURRENT AGENDA ITEMS 9. Any other business that may come before the Council 10. ADJOURNMENT Chairman Haynes adjourned the meeting at 6:20 PM Respectfully Submitted, Katie Gargano, City Clerk Respectfully Submitted, Katie Gargano, City Clerk