LACONIA CITY COUNCIL MEETING

MONDAY, SEPTEMBER 10, 2007

CITY HALL – CONFERENCE ROOM 200A

7:30 P.M.

 

 

 

CALL TO ORDER:   

 

Mayor Lahey called the meeting to order on the above date and time.

 

SALUTE TO THE FLAG:  

 

The salute to the flag was led by Councilor Henry Lipman.

 

ROLL CALL:    

 

Clerk Kaligian called the roll with the following Councilors present: Councilor Fitzgerald, Lipman, Baer, Hamel and Bolduc. Councilor Luther absent. Also present City Manager Eileen Cabanel.

 

ADOPTION OF MINUTES OF PREVIOUS MEETINGS:

 

On motion of Councilor Bolduc, seconded by Councilor Fitzgerald, it was voted to approve the minutes of the regular meeting of 8/27/07.

 

INTERVIEWS:   NONE

 

PRESENTATIONS:     

 

  • Senator Kathy Sgambati – funding for Belknap County Home

 

Senator Sgambati presented and reviewed a written statement entitled Fact Sheet on County-State Funding.

 

PUBLIC HEARING:

 

·         Request to discontinue a portion of Rowe Court

 

Mayor Lahey opened the hearing and read the following notice. “According to the Laconia City Ordinances, RSA 231:43 and other applicable State Laws, the City Council will hold a public hearing on Monday, September 10, 2007 during the regular City Council meeting at Laconia City Hall, Room 200A beginning at 7:30 p.m. The purpose of the public hearing is to gather public input concerning a request to discontinue of a portion of Rowe Court as a City street as part of the proposed development of a Walgreen’s pharmacy. A plan is available for review in the City Manager’s office. If unable to attend the public hearing, please send written comments to City Council, 45 Beacon St. East, Laconia, NH 03246.” The notice was duly published in the Laconia Daily Sun and posted at the Library and City Hall on August 17, 2007.

 

Mayor Lahey stated the Council is not acting like a Planning Board but in fact if the city were to approve the request which is necessary in order for the project to go forward then it would go to the Planning Board and go through the full process that any commercial proposed development would. The council will receive input on whether or not the portion of Rowe Ct. should or should not be discontinued.

 

Atty. Pat Wood representing Arista Development reviewed the proposed plan and proposed request to discontinue a part of Rowe Ct.  

 

Mayor Lahey read a letter from Dwight Barton in favor of the Arista Development Plan.

 

Peter Brunette questioned what the benefit is to the city for it will lose a vital part of the city. What do the taxpayers get another drug store.

 

Les Schuster the city is concerned as to how to raise $33,000 for expenses to cover Motorcycle Week every year yet the city is looking to give away a piece of land that is worth a lot of money.

 

Mary Jane Hoey questioned if the city was giving the land up or were they paying for it.

 

City Manager Cabanel replied, the city does not own the land only the right of way to pass on the road. The city is not making a decision to give land to some one so that they can build a Walgreens. It is to discontinue the road and the city does not own any land.

 

Brad Knytych questioned if the project does not move forward will the City still retain the right-of-way.

 

City Manager Cabanel replied, yes.

 

Sheila Woodward questioned the entrance and exit for presently it is very difficult to exit from the side streets.

 

Peter Brunette stated no doubt they are going to present a well planned and executed project to benefit a private concern. The city is giving up something very valuable. Questioned what the public benefit would be in exchange for the loss of the public use.

 

City Manager Cabanel stated the only people who benefit are the applicants. There is a very specific procedure to discontinue a road. If all the buildings are gone there is no longer a reason to keep the street.

 

Wayne Norris stated he would not be able to drive his landscaping equipment between the church and the storage area if the street is discontinued.

 

Mike Verhoeks stated Rowe Court is an entrance and egress to several businesses and if the project goes forward it will essentialyl remain the same without a sign. The city is not giving up anything and will no longer have to maintain the street and in return they receive the escrow money for the connection to the Main St. Bridge and  the River Walk. Read a one paragraph petition which has been signed but did not wish to present to the Council.

 

Dorothy Duffy stated that Mr. Verhoeks has an invested interest as well as the city does. Statements have been made but he hasn’t backed them up. Should look at the whole picture.

 

Wes Mallorey stated he was concerned with traffic and questioned if it was the last hurdle the company needs. Recommended not to discontinue Rowe Court.

 

Mayor Lahey replied it is a necessary part of the plan and they still have to satisfy the Planning Board on planning issues.

 

City Manger stated any party can come before the council and request a right away or road be discontinued and the council has to determine why it can’t be and only about the road not a project.

 

There being no further questions or comments Mayor Lahey declared the hearing closed at 9:45

 

CONSENT AND ACTION CALENDAR:

 

  1. Unsealing of non-public minutes of 8/28/06

 

Councilor Lipman moved to unseal the minutes of the non-public meeting of

8-28-06. Seconded by Councilor Bolduc. Motion passed unanimously.

 

  1. Approval to sign “Deed with No Covenants”/City to Kenneth & Robin Dumais

 

Councilor Lipman moved that the “Deed with No Covenants” prepared by the City Attorney that conveys the City’s interest n the subject property (which is no interest at all) to the Dumaises based on the precedent and advice of Counsel and authorize the City Manger to execute such documents, Seconded by Councilor Bolduc. Motion passed unanimously.

 

  1. Laconia Airport Authority requesting approval of Sublease between GSG Realty Gilford LLC and Marbucco Corp. d/b/a Granite State Glass

 

Councilor Fitzgerald moved to approve the sublease between GSG Reality Gilford LLC and Marbucco Corp. d/b/a Granite State Glass. Seconded by Councilor Bolduc. Motion passed unanimously.

 

MAYOR’S REPORT:  NONE

 

COMMITTEE REPORTS:

 

  1. FINANCE:     

 

a)      Motorcycle Week Revenue

b)      Proposed changes to City fees

c)      Request for waiver of fees by non-profits

d)      Establishment of Trust Fund for a Performing Arts Center

e)      Reserve Fund for Capital Improvements

 

City Manager Eileen Cabanel explained the Reserve Fund.

 

Councilor Lipman moved that the 2008-2009 Budget be drafted with a Capital Reserve Fund for debt. Seconded by Councilor Hamel.  Motion passed unanimously.

 

  1. PUBLIC SAFETY: 

 

a)      Motorcycle Week

 

No Report

 

  1. GOVERNMENT OPERATIONS & ORDINANCES:  

 

a)      RSA 202-A:11a/Laconia Library

b)      RSA 79-E Community Revitalizations Tax Relief Incentive/Main St.

c)      Ordinance Amendment to Chapter 235 Zoning/Cluster Developments

 

No Report

 

  1. PUBLIC WORKS: 

 

a)      Road Weight Limits

b)      Rowe Court

c)      Ordinance Amending Chapter 221, Vehicles and Traffic/Parking on Sublawns

d)      Storm drains/salt leaching into lake

e)      Parking for Laconia Senior Center

 

f)       Proposed traffic pattern changes at Old Prescott Hill Rd. & Rt. 106

 

Councilor Bolduc reported the committee has been studying the Prescott Hill Project which is in two phases one on Rte. 106 and the other Rte. 107. The Briarcrest residents signed a petition with 60 names to discontinue the entrance on the northerly side of Prescott Hill. They are going to send the petition to D.O.T and Holden Engineering who is doing the project wrote up a comment and will also forward it to D.O.T in Concord for review.

 

            Rte 106 entrance to be put on hold for further discussion.

 

  Rte. 107

                  Councilor Bolduc reported they requested to be allowed to proceed with the Development on Rte. 107.

 

                  Councilor Bolduc moved to authorize the Planning Director to issue a letter of acknowledgement to the State of N.H. D.O.T, District 3 office, a.)  confirming Laconia/s satisfaction with the developers responsiveness thus far and b.) requesting D.O.T’S further assistance in resolving the final design issues at the intersection of Old Prescott Hill Road and Route 106 in Laconia.  Laconia will require that agreement be reached between State, City and Town regarding the final design configuration of the intersection of Old Prescott Hill road and Route 106 in Laconia prior to the start of construction of Phase 2 of the referenced project. Seconded by Councilor Hamel. Motion passed unanimously.

 

  1. LAND & BUILDINGS:  

 

  1. Repair & Maintenance of City Buildings

a)      Old Police Department building on Church St.

b)      Contracted Services

            

No Report

 

LIAISON REPORTS:    NONE

 

MANAGER’S REPORT:

 

City Manager Eileen Cabanel reported on the following:

 

  • Boat Tax

 

The boat tax has gone down each year and it could be from the state taking a share of the cities or just a trend. In 2007 the amount received was $100,045.

 

  • Reviewed the Ambulance Contract

 

NEW BUSINESS:

 

1.      An Ordinance Amending Chapter 119/Building Construction regarding demolition permits

 

On motion of Councilor Bolduc, seconded by Councilor Lipman, it was voted to forward the Ordinance Amendment to the Planning Board.

 

2.      Request by Michael Leclair to extend City sewer to Coliseum Indoor Sports in Belmont (to be referred to Public Works Committee)

 

3.      Using capital reserve funds for debt repayment/Eileen Cabanel, City Manager

 

Discussed and voted on in the Finance Committee report.

 

UNFINISHED BUSINESS:

 

  1. An Ordinance Amending Chapter 235/Zoning regarding cluster developments – Referred back to Planning Board 7/23/07 for public hearing concerning suggested amendments requested by City Council.  Pending/Awaiting Recommendation of Planning Board
  2. Petition to change zoning for property located at 343 Court St. from Downtown Riverfront District to Commercial/Peter Burr – Cheapo Depot/referred to Planning Board – Pending/Awaiting Recommendation of Planning Board

 

NOMINATIONS, APPOINTMENTS & ELECTIONS:   NONE

 

COUNCIL COMMENTS:

 

  • Councilor Baer discussed the election procedure for absentee ballots for November and up coming elections.

 

  • Councilor Hamel stated Chief Erickson has requested authorization to use money from the Maintenance Fund to pay for the labor to repair the boiler at the Weirs Fire Station.

 

Councilor Hamel moved to approve $2,000 from the Maintenance Fund for labor to repair the Weirs boiler. Seconded by Councilor Lipman. Motion passed unanimously. 

 

CITIZEN COMMENTS FOR MATTERS NOT ON THE AGENDA:  NONE

 

NON - PUBLIC SESSION:  NONE

 

ADJOURNMENT:

 

            On motion of Councilor Bolduc, seconded by Councilor Hamel, it was voted to adjourn at

10:35 p.m.

 

A True record Attest:

 

Ann G. Kaligian

City Clerk