AGENDA LEBANON CITY COUNCIL MARCH 6, 2019

5. ACCEPTANCE OF MINUTES:

MINUTES TO BE ACCEPTED

− February 6, 2019 (Regular Session) − February 20, 2019 (Regular Session)

MOVED, to approve the minutes as presented in the March 6, 2019 agenda packet.

Lebanon City Council March 6, 2019 Page 1

PAGE INTENTIONALLY LEFT BLANK

Lebanon City Council March 6, 2019 Page 2 DRAFT CITY OF LEBANON CITY COUNCIL Minutes, Regular Session, February 6, 2019 Lebanon Middle School Cafeteria-3 Moulton Avenue 7:00 p.m.

MEMBERS PRESENT: Mayor Suzanne Prentiss, Assistant Mayor Tim McNamara, Councilors Clifton Below, Bruce Bronner, Erling Heistad, Karen Liot Hill, Shane Smith, Jim Winny, and Karen Zook

MEMBERS ABSENT: None

STAFF PRESENT: City Manager Shaun Mulholland, Deputy City Manager Paula Maville, City Clerk Sandra Allard, Planning & Zoning Director David Brooks

GUEST: Executive Councilor Michael Cryans, State of New Hampshire, District 1 ______1 2 Mayor Prentiss called the meeting to order at 7:00 PM. 3 4 1. PLEDGE OF ALLEGIANCE: 5 Councilor Bronner led the Council in the Pledge. 6 7 2. PUBLIC FORUM: 8 Mayor Prentiss made the Public Forum announcement. 9 10 3. OPEN TO PUBLIC: 11 There were no comments from the public. 12 13 4. RESOLUTIONS: 14 There were no resolutions. 15 16 5. ACCEPTANCE OF MINUTES: 17 • January 16, 2019 (Regular Session) 18 19 Councilor Bronner MOVED to approve the January 16, 2019 (Regular Session) Minutes as amended. 20 Seconded by Councilor Heistad. 21 *The vote on the MOTION passed 9-0. 22 Amend Page 5, Line 41: remove (6-0) and replace with (6-2). 23 24 6. APPOINTMENTS: 25 • Arts & Culture Commission: (Council Representative) 26 The Councilors recommended Councilor Zook to serve on the commission. A number of applicants are 27 applying to serve on the Commission. Karen Hill nominated Councilor Zook. 28 *The appointment was approved 8-0. 29 30 • Downtown Lebanon TIF Advisory Board: (Council Representative)

Lebanon City Council March 6, 2019 Page 3 Lebanon City Council – Regular Session, Wednesday, February 6, 2019 Page 2 of 8

1 Councilors Hill, Below and Smith offered to serve on the TIF Advisory Board. Mayor Prentiss will 2 interview each of the counselors. A decision will be made at the next meeting. 3 4 • Heritage Commission: Lindamae Peck (Regular Member) 5 Assistant Mayor McNamara interviewed Lindamae Peck and recommended her reappointment. 6 Nominated by Assistant Mayor McNamara. 7 *The reappointment was approved 8-0. 8 9 7. PUBLIC HEARING ITEMS: 10 A. A public hearing for the purpose of receiving public input and taking action to amend 11 Ordinance No. 18, Salary Plan, Article II, Non-Affiliated Employees, by replacing the current 12 language and compensation and classification schedule with “Employees shall be paid in 13 accordance with the accompanying pay plan effective the first pay period of 2019 and with 14 the personnel rules and regulations implemented under Section 419:51 of the Charter of the 15 City of Lebanon.” 16 17 City Manager Mulholland said this is the mechanism to provide a salary increase for the nonaffiliated 18 employees. The four collective bargaining agreements have been executed. This has not been effective 19 for the non-affiliated employees and this will retroactively be put in place for those employees. 20 21 Mayor Prentis opened the public hearing. No members of the public spoke at this time. The public 22 meeting was closed. 23 24 ACTION: 25 Councilor Hill MOVED, that the Lebanon City Council recognizes the third of three presentations to 26 amend Ordinance No. 18, Salary Plan, Article II, Non-Affiliated Employees, by replacing the current 27 language with “Employees shall be paid in accordance with the accompanying pay plan effective first 28 pay period of 2019 (12/23/18) to the last pay period of 2019 (12/21/19) and with the personnel rules and 29 regulations implemented under Section 419:51 of the Charter of the City of Lebanon.” 30 RESOLUTION TO AMEND ORDINANCE NO. 18: RESOLVED, for the purpose of amending 31 Ordinance No. 18, Salary Plan, Article II, Nonaffiliated Employees. 32 33 BE IT FURTHER RESOLVED, that the Lebanon City Council, amends Ordinance No. 18, Salary 34 Plan, Article II, Non-Affiliated Employees, by replacing the current language and compensation and 35 classification schedule with “Employees shall be paid in accordance with the accompanying pay plan 36 effective first pay period of 2019 (12/23/18) to the last pay period of 2019 (12/21/19) and with the 37 personnel rules and regulations implemented under Section 419:51 of the Charter of the City of 38 Lebanon.” A revised compensation and classification schedule follows:

Lebanon City Council March 6, 2019 Page 4 Lebanon City Council – Regular Session, Wednesday, February 6, 2019 Page 3 of 8

1 Seconded by Councilor Smith. 2 *The MOTION passed 8-0. 3 4

Lebanon City Council March 6, 2019 Page 5 Lebanon City Council – Regular Session, Wednesday, February 6, 2019 Page 4 of 8

1 8. OLD BUSINESS: 2 A. Westboro Yard 3 4 City Manager Mulholland has been working with the Mayor regarding the demolition of this yard in West 5 Lebanon. The State spent over $15,000 to assess asbestos and other contaminants that are present in the 6 buildings. They are already aware there are contaminants in the ground. The report has been emailed to 7 the Councilors. They have been working with the Governor and with the Legislative Delegation to ensure 8 there is funding in the Governor’s budget to get this demolition accomplished. The budget is due on 9 February 15, 2019. Mayor Prentiss detailed the meetings over the last year with several people at the 10 Governor’s Office where they discussed what could eventually be in this year’s budget for the project. 11 An assessment had to be done under State Contract to determine what it would cost to demolish the 12 buildings and remove the debris. The assessment determined the estimated cost to demolish and remove 13 the hazardous chemicals is $858,000. 14 15 Mayor Prentiss reached out to Executive Councilor Michael Cryans, District 1. They met at the site to 16 evaluate the yard and discuss why the City would like to clean up the yard. Mr. Mulholland said some 17 State Representatives are meeting with the Governor and will advocate to include this project in the 18 State’s final budget. The nonhazardous masonry debris could be taken to the City’s land fill and used for 19 road fill. Or they could leave it in the yard until it is needed. The City is negotiating a lease of this 20 property for City purposes, so there are some options. The City is considering offering to make the in- 21 kind contribution to handle the nonhazardous debris. The cost to the State to dispose of the debris would 22 be over $287,000. This is offering over 30% of the cost of the project at little cost to the City. 23 The Councilors discussed the benefits and risks of offering the in-kind contribution. The City has the first 24 rights of refusal to lease the property. There is also value in getting the buildings down even if the lease 25 is not obtained. Cleaning up the yard would be a contribution to the community. It may be a good 26 negotiation tool to help fund this project with in-kind services. The debris is worth $109 a ton and the 27 only cost to the City is using the City’s grinder to grind up the debris. After discussion and from a straw 28 poll perspective, there were no dissenting comments. 29 30 9. NEW BUSINESS: 31 A. Introduction & Discussion with Executive Councilor Mike Cryans 32 33 Mayor Prentiss welcomed Executive Councilor Michael Cryans to the Council Chambers. He gave a 34 brief presentation describing his District, his past work as a County Commissioner, and the work he is 35 doing with his constituents. He was asked by the Governor to recommend some additional projects to 36 fund if the Governor’s budget has some additional funds. He will recommend this project. He agreed 37 the Westboro Yard is an eye sore and it would be beneficial to clean it up. He would also like to get more 38 volunteers from District 1 on Boards and Commissions at the State level in Concord. When issues come 39 along that are significant to Lebanon, it will be helpful to have a voice at the Council. He is interested in 40 participating in any event that the City would like him to attend. He looks forward to working with the 41 City. 42 43 ACTION: No action is required. 44 45 B. Discussion and Set Public Hearing for February 20, 2019, re: placing the question 46 of whether to permit the operation of Keno games on the March 12, 2019 municipal 47 ballot. 48 49 Assistant Mayor McNamara asked to have this on the Agenda based on input from the Public at the 50 January meeting. This request came up last year and after lengthy discussions the Council determined

Lebanon City Council March 6, 2019 Page 6 Lebanon City Council – Regular Session, Wednesday, February 6, 2019 Page 5 of 8

1 they would not put it on the ballot. The Assistant Mayor expressed his perspective and the research he 2 has done on Keno. He described Keno as a very different type of gambling than scratch cards or the 3 lottery. This type of a game tends to be more addictive because new numbers come up every five 4 minutes. He feels this is not the best way to fund City government or education. 5 6 The two organizations that are asking to put this on the ballot make significant contributions to the 7 community. Assistant Mayor McNamara would like to bring closure this year and get the opinion of the 8 public and let the voters decide. He would also like the public to understand the advantages and the risks 9 of having Keno in the community. 10 11 Councilor Below said he appreciated the good intentions and understands the argument to just let the 12 people vote. It might settle the issue. If it passes, it will become a part of the life in Lebanon. He voiced 13 two City Council guiding principles, 1) all actions should benefit the current residents and 2) they should 14 make informed data and research-based decisions. The purpose is for elected officials to take the time to 15 make informed decisions. 16 17 He cited a national gambling impact study and research he has done on all forms of State sponsored 18 gambling. He feels the proponents of gambling do not care about the research or understand the 19 difficulties of expanding gambling. The businesses that are invested in the equipment and the services of 20 providing gambling earn most of the gambling wealth. The research shows that gambling can become an 21 addiction or a disorder, and it is a bigger problem than the use of alcohol. Disadvantaged communities 22 have a higher rate of addictive gambling disorders. He reflected that gambling revenue was accounted to 23 a minimum number of people. One study showed only 6 % of the people were responsible for 96% of the 24 revenue. There is no systematic way to treat addiction in the State of New Hampshire. The revenue from 25 the use of alcohol, tobacco, (and likely gambling) is not directed to publicly support skilled people who 26 can provide recovery from addictive conditions. 27 28 Some of the Councilors said this is not necessarily about the merits of gambling. They discussed that not 29 all the impacts are negative, and gambling is not a problem for the majority of people. This is about 30 supporting the democratic process. The State contributed a portion of the revenue from Keno for all day 31 kindergarten. The State provided an opportunity for communities to make their own decision if Keno 32 would be permitted. This is very different from the typical policy that the City Council is managing. The 33 Councilors discussed the two mechanisms to bring this to vote. One is adequate signatures, and the other 34 is the Council’s vote. If the petition mechanism was not an option, it could be determined that this vote 35 could stop the democratic process. 36 37 Mayor Prentiss asked if anyone from the public would like to speak. 38 39 Three individuals spoke. 40 41 Pete St. Pierre said he is not at the meeting to speak for either of the organizations supporting putting 42 Keno on the ballot. Speaking as a citizen he wants the right to vote on an issue that impacts taxes. He 43 feels there is an obligation to help the State support education and wants to let the people make the 44 decision. 45 46 Donald Hemenway said he canvased the community on this issue over the last two years. His said in his 47 discussions in the community he found people would like the opportunity to exercise their democratic 48 vote. He did not ask their opinion about Keno, just the opportunity to vote. 49 50 Charles Therriault, Ward 3, said he is a member of several organizations in the community that support 51 charitable efforts. He came tonight to ask for support to help with the charitable efforts. Listening to the

Lebanon City Council March 6, 2019 Page 7 Lebanon City Council – Regular Session, Wednesday, February 6, 2019 Page 6 of 8

1 discussion tonight he is having a change of heart. He feels there is a bias on the Council, and he feels he 2 has not been treated as a responsible voter. 3 4 Mr. St. Pierre spoke again, saying that the State set aside money from Keno revenue to address the 5 gambling addiction problems in the State. He acknowledged that there is not a guarantee that the money 6 set aside will be used for that purpose. 7 8 Mayor Prentiss read a letter into the record from Georgia Tuttle, the former Ward 1 Councilor. She was 9 in support of allowing the voters to decide and asked the Council to put it on the ballot this year. She 10 requested a public hearing to discuss the matter. 11 12 Assistant Mayor McNamara explained that when the motion is read, it can be a confusing process. 13 Tonight, they will vote about putting it on the ballot. There will also be a public hearing about Keno at a 14 future meeting if it is voted to be put on the ballot. 15 16 ACTION: 17 18 Assistant Mayor McNamara MOVED, that the Lebanon City Council hereby directs the City Clerk to 19 place the following question on the March 12, 2019 municipal ballot: “Shall we allow the operation of 20 keno games within the city?” BE IT FURTHER MOVED that a public hearing be scheduled for 21 February 20, 2019 for receiving public input on the question of whether to allow Keno within the city. 22 Seconded by Councilor Hill. 23 *The vote on the MOTION failed, 4-5. 24 25 There will not be a public hearing. 26 27 C. Release of Collected Public School Impact Fees 28 29 A Memorandum of Understanding (MOU) between the City and Lebanon School District (September 30, 30 2010) provided the City would transfer once each quarter of the calendar year all collected Public Schools 31 Impact Fees to the Lebanon School District for application toward the payment of debt on the new middle 32 school. 33 34 This request is for the City Council to authorize disbursement of $1,833.10 in collected Public School 35 Impact Fees (through 12/31/18) to the Lebanon School District. 36 37 ACTION: 38 39 Councilor Hill MOVED, that in accordance with Section 213.10 (Administration of Impact Fees) of 40 the Lebanon Zoning Ordinance, the City Council authorizes disbursing the sum of $1,833.10 in 41 collected Public Schools Impact Fees to the Lebanon School District to be applied toward the payment 42 of debt on the new middle school located at the intersection of Mouton Avenue and Route 4 consistent 43 with the September 2010 Memorandum of Understanding Between the City of Lebanon and the 44 Lebanon School District, SAU 88. 45 Seconded by Councilor Bronner 46 *The vote on the MOTION passed 9-0. 47 48

Lebanon City Council March 6, 2019 Page 8 Lebanon City Council – Regular Session, Wednesday, February 6, 2019 Page 7 of 8

1 10. REPORTS: 2 A. City Manager 3 4 City Manager Mulholland asked Councilors Hill and Erling to assist with the Legislative update, 5 Councilor Hill reported on SB254, a popular program with an 80/20 match for eligible waste water 6 projects. It was important during the City’s CSO. The City lost 3 million dollars to cover the CSO costs 7 when it was taken out of the budget. Yesterday when it passed out of committee, they were hopeful that it 8 will be in this year’s budget. She discussed HB641, a bill to add an occupancy fee of up to $2 to hotel 9 rooms. There was mixed testimony. The lodging industry is opposed to it, but several communities are 10 in favor of it. There are costs to communities with the season influx of population. There was ample 11 discussion, but it is not clear where the opinion lies. The written testimony suggests that if this was 12 adopted it would mean $198,000 at 40% occupancy to $496,000 at 100% occupancy in revenue annually. 13 14 Councilor Below reported on SB307 that would require State agencies to put in warmer colored outdoor 15 lighting. This is important because the State DOT is converting to LED which is a light with a bluer 16 spectrum. The blue light has been deemed to be more harmful. After the research they believe it is a 17 public health issue. The introduction of the bill has caused the State to recommend moving to warmer 18 3000 K light which they believe they can do for the same cost. That is the American Medical Association 19 recommendation and has been adopted for the City of Lebanon. All State agencies within a community 20 would have to conform to City standards. The bill also expressed support of the smart street lights and 21 community owned street lights. 22 23 City Manager Mulholland discussed the Airport lease with LHA. It is moving in a positive direction. 24 There are three entities that are interested in the restaurant space at the airport and they may have a renter 25 there soon. 26 27 Airport rules are being finalized. The existing rules date back to the ‘90s. They intend to bring the rules 28 forward to the City Council in March with a Public Hearing in April. There are many administrative rules 29 that do not have quality of life impacts and the City Manager indicated it may be better for the City 30 Administration to deal with most of the administrative pieces. The Council has to weigh in on the 31 penalties associated with the rules. 32 33 The Executive Ramp RFP is being finalized. The public safety facilities study has an RFQ issued. It will 34 study the existing fire and police facilities. They are working on a potential Dispatch Study with Hanover 35 to determine if there is a benefit for a joint communications facility. There is a shared cost for the study 36 between the two cities. 37 38 Laptops have been ordered for the Council members. 39 40 Councilor Below will continue to assist the Manager’s office with the solar project and to get tasks 41 completed. He has 6 respondents to the solar project and a good team of reviewers. They have 42 completed 3 proposal interviews. They hope to have some projects to recommend going forward with 43 this year. The proposals are purchase power agreements. 44 45 The Landfill gas energy project is going to be revised in the next few weeks. The options will be 46 narrowed down to three options and the proposed timeline with milestones is being developed. 47 48 City Hall improvements are still being reviewed. Councilor Below will work with the City on energy 49 improvements. 50

Lebanon City Council March 6, 2019 Page 9 Lebanon City Council – Regular Session, Wednesday, February 6, 2019 Page 8 of 8

1 A public education session regarding the tunnel will be scheduled soon. The public will be invited, as 2 well as members of other City commissions. The intent is to get specific input on the design elements. 3 The City intends to come back with design plans by April and Staff hope to go out to bid by the end of 4 September. 5 6 B. Council Representatives to other bodies 7 There were no further updates. 8 9 11. FUTURE AGENDA ITEMS: 10 There were no future agenda items. 11 12 12. NON-PUBLIC SESSION: 13 A. Non-Public Session 14 RSA 91-A:3.11(d) "Consideration of the acquisition, sale or lease of real or personal 15 property." 16 17 Motion by Mayor Prentiss, seconded by Assistant Mayor McNamara to go into non-public session per 18 RSA 91-A:3,II(d) “Consideration of the acquisition, sale or lease of real or personal property.” 19 20 Roll call vote with Mayor Prentiss, Assistant Mayor McNamara and Councilors Below, Bronner, Hill, 21 Heistad, Smith, Zook and Winny voting Aye and none voting Nay (9-0). 22 23 Council entered Non-Public Session at 8:45 pm. 24 25 Staff present included City Manager Shaun Mulholland and Parks and Recreation Director Paul Coates. 26 27 Council discussed property by the Mascoma Greenway on Mascoma Street. 28 29 No action taken. 30 31 Motion by Mayor Prentiss, seconded by Assistant Mayor McNamara to go out of non-public session at 32 9:01 pm. 33 *Vote on the MOTION was unanimous in favor. 34 35 13. ADJOURNMENT: 36 37 Motion by Councilor Bronner, seconded by Council Winny to adjourn the meeting. 38 *Vote on the MOTION was unanimous in favor. 39 40 The meeting adjourned at 9:01 PM. 41 42 Respectfully Submitted, 43 Linda Billings 44 Recording Secretary

Lebanon City Council March 6, 2019 Page 10 DRAFT CITY OF LEBANON CITY COUNCIL Minutes, Regular Session, Wednesday, February 20, 2019 Lebanon Middle School 3 Moulton Avenue 7:00 p.m.

MEMBERS PRESENT: Mayor Suzanne Prentiss, Assistant Mayor Tim McNamara, Councilors Clifton Below, Erling Heistad, Karen Liot Hill, Shane Smith, Jim Winny, Karen Zook

MEMBERS ABSENT: Councilor Bruce Bronner

STAFF PRESENT: City Manager Shaun Mulholland, Deputy City Manager Paula Maville, City Clerk Sandra Allard, Planning & Zoning Director David Brooks, Public Works Director Jim Donison ______1 2 Mayor Prentiss called the meeting to order at 7:00 PM 3 4 1. PLEDGE OF ALLEGIANCE: Councilor Below led the Council in the Pledge. 5 6 2. PUBLIC FORUM: Mayor Prentiss made the Public Forum Announcement. 7 8 3. OPEN TO PUBLIC: No comments put forth by the public. 9 10 4. RESOLUTIONS: None 11 12 5. ACCEPTANCE OF MINUTES: None 13 14 6. APPOINTMENTS: 15 16 • Downtown TIF Advisory Board: Council Representative 17 Mayor Prentiss reached out by email to the interested parties and will hold an in-person meeting by 18 Sunday, February 24, 2019. 19 20 • Local River Management Advisory Committee (Mascoma River): Ernst Oidtmann 21 Ernst Oidtmann submitted an application to be appointed to the NHDES Local River Management 22 Advisory Committee. Councilor Bronner interviewed Dr. Oidtmann and his recommendation was read 23 to the Council by Councilor Hill. 24 25 Councilor Hill nominated Mr. Ernst Oidtmann for reappointment to the Mascoma River Advisory 26 Committee. 27 Seconded by Assistant Mayor McNamara. 28 *The vote on the Motion was unanimous in favor (8-0). 29

Lebanon City Council March 6, 2019 Page 11 Lebanon City Council – Regular Session, Wednesday, February 20, 2019 Page 2 of 6

1 7. PUBLIC HEARING ITEMS 2 A. ORDINANCE #2019-02 TO AMEND CITY CODE CHAPTER 68 3 A public hearing for the purpose of receiving public input and taking action to amend City 4 Code Chapter 68, Fees, §68-15, Enumeration of Fees, to temporarily decrease Septage 5 Disposal Rates. 6 Representing the item on behalf of City Staff was Director of Public Works Jim Donison. 7 8 BACKGROUND 9 10 It was brought to the City’s attention that a regional septage hauler, currently handling 2+ million gallons 11 per year, does not utilize the City’s treatment plant due to the rates the City is charging as compared to a 12 facility where they transport their septage more than an hour away. Mr. Mulholland said the primary 13 objective of amending the Ordinance above is to reduce the septage haul rates so the City can bring in 14 more activity, which will actually increase the amount of revenue the City could utilize. 15 16 Based on discussions with the City Manager’s Office regarding the fees currently charged to septage 17 haulers vs. the cost to manage the collection and treatment of septage, it has been requested that a pilot 18 study be conducted to determine if the City’s current rates ($91/1,000 gallons from properties within 19 Lebanon and $136/1,000 gallons from properties outside of Lebanon) can be reduced while producing 20 additional revenue. In order to complete this pilot study, an amendment is required to Chapter 68, Fees, of 21 the City Code to temporarily reduce septage disposal rates. 22 23 Mr. Donison informed the Council about the amount of septage currently received at the Waste Water 24 Treatment Plant and the potential future amount it would be able to treat, referring the Council to the 25 memo sent from Mr. Jay Cairelli dated January 9, 2019 to the City Manager, the Mayor and City 26 Councilors (included in agenda packet). The memo explains that direct costs associated with treating 27 septage includes the cost of removing and handling solids combined with the cost to manage Biochemical 28 Oxygen Demand (BOD). Treatment of septage may increase costs associated with the handling of solids 29 and managing additional BOD, but the hope is that additional costs will be offset by the receipt of an 30 additional 2.5 million gallons per year. 31 32 Mr. Donison answered the Council’s questions regarding what the down-side of this pilot would be, such 33 as the amount/different types of sludge. A discussion took place regarding the costs to Lebanon residents 34 for gallons treated per year now ($0.10 per gal, with a Net Revenue to the City of $75K) and the proposed 35 costs to Lebanon residents for gallons treated per year with the pilot ($0.08 per gal, with a Net Revenue to 36 the City expected to be $150K). The Sunset Provision of this pilot states that the rates imposed by this 37 Section (Ordinance #2019-02, City Code Chapter 68, Fees, §68-15, Enumeration of Fees) shall expire 38 December 31, 2019, or upon repeal or amendment by the Council based on new or additional information, 39 whichever occurs earlier. 40 41 Mayor Prentiss opened the Public Hearing. Hear no comments from the public, the Public hearing 42 was closed. 43 44 After the Council discussed the provisions of proposed pilot and the potential to reduce sewer rates for 45 Lebanon resident’s, the following Action took place: 46 47

Lebanon City Council March 6, 2019 Page 12 Lebanon City Council – Regular Session, Wednesday, February 20, 2019 Page 3 of 6

1 ACTION 2 3 Councilor Below MOVED, that the Lebanon City Council hereby adopts proposed Ordinance #2019- 4 02, to amend City Code Chapter 68, Fees, §68-15, Enumeration of Fees, to temporarily decrease 5 Septage Disposal Rates, with a sunset date of December 31, 2019. 6 Seconded by Assistant Mayor McNamara. 7 *The vote on the MOTION was approved unanimously (8-0). 8 9 8. OLD BUSINESS 10 A. ACTION ON PROPOSED ZONING AMENDMENT: DEFINITION OF 'FAMILY' 11 (Public Hearing Held 1/16/19 - Item Tabled) 12 13 Representing the item on behalf of City Staff was Planning & Zoning Director David Brooks 14 15 BACKGROUND 16 17 At the October 17, 2018 meeting, the City Council was presented with a number of proposed amendments 18 to the Zoning Ordinance and Zoning Map. The Council took action to accept the amendments as 19 presented and forwarded them for review and comment by the Planning Board, Conservation 20 Commission, and Zoning Board of Adjustment. Legal review was obtained, and all boards completed 21 their review. 22 23 A public hearing on all proposed amendments was held on January 16th, at which time the action on 24 Amendment #7 – to revise the definition of “Family” (Zoning Ordinance Appendix A) - was tabled to 25 allow staff time to review a potential change to the proposed definition. 26 27 Mr. Brooks informed the Council that the decision to amend the definition of “Family” began with a code 28 enforcement issue that the City’s attorney became involved with. Through last summer, the Planning 29 Staff worked on a proposal that would have amended the definition to keep the first clause of the 30 definition but add up to one (1) unrelated person. When the proposal was, reviewed by the Council in 31 January, based on discussions at the meeting and comments by members of the public in attendance, 32 Council asked the Planning staff to further investigate the ability to allow additional unrelated people to 33 share a housekeeping unit with a family; or to allow up to four (4) unrelated people to share a 34 housekeeping unit. 35 36 Planning Staff reviewed a variety of definitions for “Family” from various sources and reviewed the 37 proposed definition of “Family” with members of the Fire Department and Attorney Christine Fillmore. 38 As a result, they crafted a revision to the proposed definition which expands the number of unrelated 39 individuals that may share a “single housekeeping unit,” and further clarified what a single housekeeping 40 unit is. Planning Staff felt that the definition proposed on page 18 of the agenda packet is a compromise 41 and in line with where other communities have adopted. (All materials were included in the February 20, 42 2019 agenda packet (pages 15-18). 43 44 Assistant McNamara MOVED to take this discussion off the table before a Motion was presented. 45 Seconded by Councilor Hill. 46 *The vote on the Motion passed unanimously (8-0). 47 48 Council discussions took place regarding: clarification of the number of related/unrelated individuals who 49 could live in one household; whether or not there was a need to get further input from the Zoning Board 50 of Adjustment and Planning Board; the need to include foster children/guardianship in the definition;

Lebanon City Council March 6, 2019 Page 13 Lebanon City Council – Regular Session, Wednesday, February 20, 2019 Page 4 of 6

1 whether capping the number of people per bedroom would be viable (e.g., two people per bedroom); the 2 definition language of “Family” vs. “Household”; the need to amend the Zoning Ordinance because the 3 City’s residential/nonresidential zones are structured around one family, two family and multi-family 4 designations; the different ways families are now structured; restructuring the statement “common use of 5 all living and eating areas within the dwelling unit”; defining the occupancy space by square footage, and; 6 defining occupancy by something other than the use of the word “Family.” 7 8 Ms. Kathie Romano (Ward 1) described in great detail her concerns regarding related/unrelated 9 occupancy of a household unit and the differences between the use of connector words “and” vs. “or”. 10 She spoke about the potential of landlords overcrowding their properties to receive more rent and the 11 unintended consequences of raising household limits that could potentially take away affordable housing 12 units and have a negative effect on the quality of life for residents in Lebanon (e.g., Fraternity/Sorority 13 housing). She felt the Council should stick with the original definition of “Family + 1” and saw no 14 reason to increase unrelated +3 to unrelated +4. 15 16 Ms. Jolin Kish (Hanover resident) said she manages over 520 tenants and could safely say that none of 17 them are undergraduates in Lebanon. She described her company’s leasing policy to the Council and 18 commented that most landlords do not want overcrowded units due to the wear and tear on their 19 properties. She emphasized that care needed to be taken on how the term “Family” is defined and 20 cautioned about regulating what a family is allowed to do because economically a family has to have a 21 place to live. She noted the different types of families that exist today (e.g., a single mom with two 22 children leasing a studio apartment because that is what she can afford). She also informed the Council 23 how her company addresses the common areas in their leases and addressed Hanover’s Housing 24 Ordinance Code. 25 26 Assistant Mayor McNamara acknowledged Ms. Romano’s concerns about unintended consequences and 27 said that changes to Ordinances are not permanent and sometimes an Ordinance needs to be revisited to 28 address any unintended consequences. It is almost impossible to tease out all the unintended 29 consequences and scenarios without trying it on for size first. If this Ordinance needs to be tweaked later 30 on, this could be done. He suggested that something would need to be done to gather data in order to see 31 if there are any adverse unintended consequences. 32 33 ACTION 34 35 Councilor Hill MOVED, that the Lebanon City Council hereby sets a public hearing for Wednesday, 36 March 6, 2019, beginning at 7:00pm in Council Chambers, City Hall, for the purpose of receiving 37 public input and taking action to amend the definition of “Family” as presented in the February 20, 38 2019 Lebanon agenda packed on page 18. 39 40 Seconded by Councilor Smith. 41 42 After some clarification questions were discussed, Mr. Brooks said he would address the addition of 43 foster children and guardianships to the list of relations that he will bring back to the Council for 44 consideration. 45 46 *The vote on the MOTION was unanimous (8-0). 47 48

Lebanon City Council March 6, 2019 Page 14 Lebanon City Council – Regular Session, Wednesday, February 20, 2019 Page 5 of 6

1 8. OLD BUSINESS 2 B. WESTBORO YARD 3 4 City Manager Mulholland updated the Council on the status of Westboro Yard and informed the Council 5 about a notice he received from the Office of Strategic Initiatives regarding surplus property, noting the 6 City has until March 11, 2019 to send them comments. He explained what the focus would be for 7 Westboro Yard and what should be included in the agreement, noting that the City would like to have 8 local regulations be applicable to any type of structure(s) built in Westboro Yard. Whether the City is 9 successful in having their comments added to the agreement is uncertain, but at least they would be on the 10 record. He will wait until after March 6, 2019 to submit the City’s comments in order to allow Council 11 members to send him their feedback. Once he has received the Council’s comments, he will draft a letter 12 to the OSI for signature by the Mayor and cc the Governor when the letter is sent. He will also send the 13 existing Temporary Use Agreement between the NHDOT and Rymes Propanee to Council members for 14 their review. 15 16 9. NEW BUSINESS 17 A. SURPLUS PROPERTY – HANOVER STREET EXT., LEBANON 18 Determination as Surplus to City Needs and Authorization to Dispose of a City-owned Parcel 19 identified as Tax Map 49, Lot 19, located on Hanover Street Ext., Lebanon. 20 21 Representing the item on behalf of City Staff was City Manager Shaun Mulholland. 22 23 BACKGROUND 24 25 In accordance with Council Policy CC-102, City Real Property Transactions, the property known as Tax 26 Map 49, Lot 19, located on Hanover Street Ext., Lebanon was put forth to the Planning Board, 27 Conservation Commission, City Department Heads, and the Lebanon School District for consideration of 28 future use. 29 30 The request was reviewed by the Planning Board on December 10th and the Conservation Commission 31 on December 13th. No response was received from the School District. All City Department Heads have 32 reviewed the potential for future use and recommended that the property be deemed surplus and sold. 33 34 All materials were provided in the February 20, 2019 agenda packet, pages 19-48. After a short 35 discussion regarding the use of the property listed above, the following took place: 36 37 ACTION 38 39 MOVED by Councilor Below: 40 41 FOR THE PURPOSE OF deeming Tax Map 49, Lot 19 located on Hanover Street Ext., Lebanon, as 42 Surplus City Property and authorizing the City Manager to dispose of said property. 43 44 BE IT HEREBY RESOLVED that the Lebanon City Council, after review and comment by the 45 Planning Board, Conservation Commission, and members of City Staff, hereby authorizes the City 46 Manager to convey, in a manner consistent with Council Policy CC-102, City Real Property 47 Transactions, property identified as Tax Map 49, Lot 19, located on Hanover Street Ext., Lebanon. 48 49 Seconded by Councilor Hill. 50 *The vote on the MOTION was unanimous (8-0).

Lebanon City Council March 6, 2019 Page 15 Lebanon City Council – Regular Session, Wednesday, February 20, 2019 Page 6 of 6

1 2 10. REPORTS 3 A. City Manager 4 Mr. Mulholland updated the Council on the following: 5 • 3 Seminary Hill: Road structure cannot be saved. 6 • New standards from the State regarding PFOAs/PFOS: The City is getting ahead of this issue in 7 advance of a ruling. 8 • New laptops for the Council should arrive after March 1, 2019. 9 • Tunnel Update. 10 • He is rewriting the verbiage on the Purchasing Policy and will bring back to the Council for their 11 review. 12 • Status of streetlights: While progress is being made, there will be a delay in the Public Hearing 13 while a determination is made about the removal of some streetlights. 14 • Legislative updates: 15 - HB 644 passed House Committee. 16 - HB 700 regarding utility assessments. 17 • Four funding requests have been received. 18 • Energy Bills: Councilor Below informed the Council about 4 Policy Legislative Bills before the 19 State Legislature and his testimonies. 20 • City Council Organizational meetings will be held on April 23 and April 25th. 21 • Road Degradation will be discussed on March 6, 2019. 22 23 B. Council Representatives to other bodies 24 25 • Councilor Hill update the Council on HB 564 regarding Gun Free School Zones. 26 27 • Councilor Zook informed the Council that due to a generous anonymous donation, the Heritage 28 Commission’s Fountain Working Group will not be retiring after all. 29 30 11. FUTURE AGENDA ITEMS: None. 31 32 12. NON-PUBLIC SESSION: None 33 34 13. Adjournment: 35 36 Councilor Hill Moved for adjournment. 37 Seconded by Councilor Winny. 38 *The MOTION passed (8-0). 39 40 The meeting was adjourned at 8:44 PM. 41 42 Respectfully submitted, 43 Dona E. Gibson 44 Recording Secretary 45 46

Lebanon City Council March 6, 2019 Page 16