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[1:24]
Good evening, everyone.
[1:27]
I would like to call the City Council meeting, Monday, August
[1:30]
31st, 2026 to order.
[1:34]
And could we all stand to salute the flag.
[1:37]
Join me as we salute the flag. Thank you.
[1:41]
I pledge allegiance to the flag
[1:44]
of the United States of America and to the Republic for which
[1:48]
it stands, one nation under God, indivisible,
[1:52]
with liberty and justice for all.
[2:05]
Councilor Priebe, do we have any veterans that have
[2:09]
passed?
[2:16]
I guess.
[2:18]
Councilor
[2:22]
Jacobson will be joining us by Zoom,
[2:26]
so I need a roll call vote to accept him.
[2:30]
First of all, Councilor Jacobson?
[2:37]
Yes.
[2:40]
Could you explain why you're not with us this evening, and do you
[2:44]
have anyone with you?
[2:47]
Thank you, Mr. Mayor. I am, once again, on a work assignment outside of
[2:51]
the state and unable to attend in person.
[2:54]
I am alone.
[2:58]
Thank you. Now, I will take a roll call vote.
[3:08]
Could I have a motion
[3:10]
to accept
[3:14]
Councilor Jacobson to join us this evening? Councilor Warner?
[3:18]
I move to allow Councilor Jacobson to participate
[3:22]
remotely.
[3:23]
Second.
[3:25]
A motion has been made and seconded. Any discussion?
[3:30]
If not,
[3:31]
roll call vote.
[3:33]
Councilor Boyce?
[3:35]
Yes.
[3:38]
Councilor Hoppe isn't here. Councilor Johnston?
[3:42]
Yes.
[3:45]
Councilor Priebe?
[3:46]
Yes.
[3:48]
Councilor Forge?
[3:50]
Yes.
[3:52]
Councilor Warner?
[3:53]
Yes.
[3:57]
Councilor Hallie Cook isn't with us. Councilor Carrier?
[4:02]
Yes.
[4:07]
The motion passes with six votes in
[4:10]
favor. City manager?
[4:14]
And just as a point of information, I did receive a text right
[4:18]
before the meeting started from Councilor Cook saying she was running late.
[4:21]
So I expect she will be joining us as soon as she can.
[4:27]
Thank you.
[4:29]
Councilor Priebe, do you know of any veterans that might have passed
[4:33]
this past month?
[4:35]
I have no notification of any Franklin veteran passing away.
[4:40]
But I need everyone to remove your hats and bow your heads for a moment of silence
[4:43]
for the veterans who are still out there fighting for our freedom.
[4:57]
Thank you.
[5:00]
Thank you, Councilor Priebe.
[5:02]
Welcome.
[5:08]
We will now move on to the public hearing.
[5:11]
The first item to come before the council
[5:16]
or the public is the school board
[5:19]
clarification C-13 and
[5:23]
C-14. The charter inconsistently refers to
[5:27]
the city school governing body as both
[5:32]
Board of Education and school board.
[5:35]
This proposed change would
[5:38]
standardize the term as school
[5:42]
board.
[5:44]
Is there anyone from the public that would like to come forward and
[5:47]
comment on this change?
[6:01]
Seeing no one coming forward, I will close the public
[6:04]
hearing on this item and move on to the next
[6:11]
Neutralizing gender bias
[6:14]
municipal order sections uses gender-specified terms that
[6:18]
do not reflect the current historic
[6:21]
composition of city office holders.
[6:25]
This proposed change would replace such language
[6:30]
with gender-natural terms throughout the sections
[6:34]
listed. Is there anyone that would like to come forward and comment?
[6:45]
Seeing no one coming forward, I will now close the public hearing
[6:49]
on this item,
[6:52]
and we will move forward onto legislative update.
[6:56]
Do we have any representatives,
[6:59]
legislative representatives here this evening?
[7:09]
I don't see anyone coming forward, so we will move
[7:13]
on.
[7:17]
We will now move on to
[7:20]
comments from the public.
[7:22]
Persons wishing to address the council may speak for a
[7:26]
maximum of three minutes. No more than 30
[7:30]
minutes will be devoted to the public comment.
[7:33]
When you come forward, please sign in your name and what ward,
[7:37]
and then
[7:39]
speak out loud so that we can record it. Thank you.
[8:04]
Can you hear me?
[8:07]
Okay. Good evening. I'm going to start out on a very positive note.
[8:10]
I'd like to publicly acknowledge and thank-
[8:13]
Oh, oh. What's your name?
[8:13]
Oh, Judith Ackerson, Ward 3. I'm sorry.
[8:16]
Thank you.
[8:18]
Okay. I know who I am.
[8:20]
I would like to publicly acknowledge and thank Sam Jacobson for the
[8:24]
excellent Franklin Forward blog, which he produces several days before
[8:28]
each council meeting. His review of the issues, with comments
[8:32]
about each, helps us to be prepared for the upcoming meeting and
[8:36]
gives us insight into his thoughts on each issue.
[8:39]
He also presents on committee work as well.
[8:42]
I appreciate the energy he puts into reviewing all data presented to
[8:46]
him and the remarkable job he does in producing this blog.
[8:50]
Even though I cannot vote for Sam, as he is Ward 2 and I am Ward
[8:54]
3, every one of the votes cast by the nine councilors
[8:58]
on this council affects every resident in all
[9:01]
wards. So, I thank you, Sam.
[9:25]
Hey, Karen Darling, Ward 3. I want to
[9:29]
invite, make sure all the council and the city
[9:33]
manager and the mayor
[9:35]
know about the candidate forum is here,
[9:38]
Sunday, September 27th, by Choose Franklin.
[9:41]
I'm here representing Choose Franklin.
[9:43]
I have flyers for each of you that I'll pass out afterwards, and a few to put on
[9:47]
the table. And just to remind, any of
[9:51]
you can also submit questions,
[9:54]
which are until September 5th. So, there's a link on the flyer.
[9:58]
They can submit questions to be considered for
[10:02]
asking at the candidates forum. So, we're collecting those for
[10:06]
about another week. And I did send follow-up
[10:10]
invitations to each of the candidates.
[10:12]
So Tim Johnson, I printed yours because I wasn't sure if you got my email,
[10:16]
because I sent a second follow-up email today. So I knew you'd be here.
[10:20]
And there are a few other people who haven't responded, so I was
[10:24]
hoping maybe I'd see some of them. So anyway, it's September
[10:27]
27th, which is Sunday at 6:00 PM here at the ELKS.
[10:34]
City manager.
[10:35]
I know I'm not supposed to say anything, but thank you for working around the city
[10:38]
council schedule, too.
[10:48]
Okay.
[11:19]
Good evening. Jim Jones, Ward 2.
[11:24]
This is to the city council. As you consider the
[11:27]
MOU this evening for the Franklin Outing Club,
[11:31]
I implore you to vote
[11:33]
for it without further ado. There's been a lot of
[11:37]
negotiations, a lot of give and take.
[11:40]
I think it's well prepared
[11:42]
and genuinely beneficial to both parties.
[11:44]
And what I need you to know is that in order for the Outing
[11:48]
Club to continue to run the Veterans Memorial Recreation Area,
[11:52]
this MOU being adopted is imperative.
[11:55]
There is grant money on the line that we won't be able to get without this
[11:59]
MOU.
[12:00]
We're in the midst of a capital campaign with donors sitting on
[12:04]
the sideline to see how the city handles this, and if they
[12:08]
agree to a long-term relationship
[12:11]
In order to continue improving
[12:14]
program and infrastructure, it's imperative that we move this
[12:18]
forward. I ask you to put your biases behind your
[12:22]
preconceived notions and listen to the citizens this
[12:26]
evening and in your emails. Thank you.
[12:46]
I would need this moved closer.
[12:48]
Let's move.
[12:49]
Oops.
[12:56]
Just when we get you on camera. Hey.
[13:03]
I'm going to leave this blank because I think I just sorted this one.
[13:08]
Do I push the whole? I thought it was
[13:12]
off all the time.
[13:14]
Good evening. Bob Lucas from Ward One.
[13:18]
For several years now, a group of civic-minded people have placed
[13:21]
kayaks and flowers at several places around town.
[13:26]
These kayaks and flowers, along with flags, banners, and
[13:29]
hanging baskets, have served to beautify Franklin and to
[13:33]
demonstrate civic pride.
[13:36]
All materials and manpower come by way of volunteerism.
[13:40]
They do not support any one business.
[13:43]
Instead, they serve to promote this city and its economic
[13:46]
vitality.
[13:48]
Most recently, a lone naysayer complained to our city manager,
[13:53]
claiming the kayak planters were a traffic hazard and
[13:57]
demanded, under a threat of a lawsuit,
[14:00]
that they be immediately removed.
[14:02]
I would never allow myself to be bullied in this manner, and I don't think the
[14:06]
city should either. The decision may not be
[14:10]
overturned, but we should always carry the banner of economic
[14:14]
growth and revitalization. Thank you.
[14:55]
Thank you.
[14:56]
Good evening. Good evening, council. Andrew Duguay, Ward 2.
[15:01]
I should be at home right now with my family, having
[15:05]
dinner. My daughter just had her first day of first grade at
[15:08]
Paul Smith School, but I'm here in front of you guys because I feel that
[15:12]
this is important to show that
[15:16]
me and my family, as residents of Franklin,
[15:20]
it's very important to us what the Franklin Aming Club does and
[15:24]
the value that we get from the Veterans Memorial Ski Area and we hope that
[15:29]
you move forward with the MOU that you'll be discussing later tonight.
[15:33]
I think by approving the MOU,
[15:35]
you're supporting families like mine who choose to live here in Franklin
[15:39]
because of community resources like the vets.
[15:42]
My daughter, Autumn, is five years old.
[15:44]
She learned to ski at the vets last winter through the ski program.
[15:48]
We sled, ski, and have lunch together as a family almost every weekend in the
[15:52]
winter, and it's the most meaningful part of my week.
[15:56]
It's affordable, family-friendly, local, and it's a special
[16:00]
place for my family and many other families in Franklin.
[16:04]
Please know that you have a really good thing here, and that it deserves a
[16:07]
long-term commitment and support from the city of Franklin.
[16:11]
Thank you.
[16:23]
I am Mila Albert.
[16:26]
And speaking of good things in Franklin.
[16:30]
I'm from Ward One.
[16:35]
And I want to tell you about two good things in Franklin.
[16:38]
Get your name for the button so that they-
[16:40]
Mila Albert, if you didn't know.
[16:45]
Ward One, you might not.
[16:48]
Anyway, I am here to remind you and to invite you
[16:52]
that two weeks from tonight, I will be collapsed
[16:56]
because the Franklin Renaissance Fair will be
[16:59]
over. We are, on the 12th and 13th,
[17:03]
going to be down at O'Dell Park.
[17:06]
We have a lot of vendors, food vendors,
[17:10]
a lot of entertainers.
[17:12]
In fact, all history buffs should be wanting to come because we have a
[17:16]
group that's a national group that is here, and everything they do is
[17:20]
100% renaissance.
[17:24]
The other hat that I'd like to put on is to remind you that two
[17:28]
weeks after the Renaissance Fair, we're going to have the Fireman's
[17:31]
Muster, and I'm getting real excited about it. Not that I really know.
[17:35]
I'm not quite old enough to remember how they did that,
[17:39]
but I put it
[17:40]
forward.
[17:50]
Getting hired already.
[17:52]
Yeah. No, you're welcome to.
[18:05]
Good.
[18:05]
Good evening.
[18:07]
Good evening.
[18:09]
Just a few comments on the upcoming agenda items. I'm Lee Webb, Ward 3.
[18:13]
I signed it, so at least you know, and most people will recognize me by
[18:17]
my voice anyway, but
[18:21]
I'm curious, and these
[18:24]
questions can be during your deliberation of the agenda
[18:28]
items upcoming.
[18:30]
I'm curious as to the purpose of moving the rec fees out of the city code,
[18:35]
and also
[18:37]
redefining park assets. Maybe you can
[18:41]
just briefly go over that when you start your discussion as to why those things are
[18:45]
needed.
[18:48]
The public hearing, I was in attendance at the
[18:52]
legislative committee meeting that discussed this.
[18:56]
And I just want to make sure that
[18:59]
the language that you are looking to adopt tonight has been
[19:03]
vetted properly by legal,
[19:06]
as well as maybe a second legal opinion from the NHMA.
[19:11]
And just a reminder that I said to the committee and I will say to the
[19:15]
entire council
[19:17]
is that
[19:19]
you can always have more public hearings, but the
[19:22]
RSAs do not allow you to have fewer.
[19:25]
And I'm always an advocate of more public participation
[19:29]
only because it fosters transparency.
[19:33]
And I hope that's part of your deliberation tonight.
[19:39]
Project.
[19:45]
Something I want a whole lot more of this
[19:48]
transition,
[19:50]
and whether it is
[19:52]
a benefit that is perceived rather than real.
[19:56]
And I would hope that if this transition goes through,
[20:00]
that there is a positive benefit for Franklin,
[20:04]
and there are no, as you used to say in the legislature, no
[20:07]
unintended consequences. So,
[20:10]
take that very seriously when you deliberate it.
[20:13]
And I thank you for your attention.
[20:39]
Leanne Feasel, Ward 2.
[20:42]
Couple of things on the agenda items
[20:45]
regarding the MOU.
[20:48]
This has been here I don't know how many times. It's time to move on.
[20:51]
This is important to our community.
[20:53]
You're hearing people talk about their families using it.
[20:56]
Let's just move on with this.
[20:59]
Item seven,
[21:02]
electronic
[21:04]
use. I agree with it, and I think you should move forward with it.
[21:07]
But I will also remind you, I've been coming here for years asking you to set a
[21:11]
policy for social media,
[21:15]
because I get pretty tired of the stuff that happens on social media with our
[21:18]
elected officials, and I would really hope that we could set a policy
[21:23]
just like we're doing with the electronics.
[21:27]
And I would be remiss if I didn't just say a little something about the kayaks.
[21:32]
I'm not going to say everything that I wrote.
[21:34]
I'm just going to say that I was pretty disappointed.
[21:38]
Sounds like one individual from the 91A information,
[21:42]
what little there is out there,
[21:46]
uses the threat to sue this community for something that has sat there for six
[21:50]
years. If the DOT had a problem six years ago, it would've been dealt with.
[21:55]
So,
[21:56]
we're Franklin. We don't get bullied.
[22:00]
Bring this to the council
[22:02]
for next year. Let's get our kayaks back on.
[22:42]
I'm Kathy Rago, Ward 3.
[22:45]
One of the things I wanted to talk about tonight
[22:48]
seems to be a hot button issue lately.
[22:51]
I want to talk about data centers.
[22:54]
Data centers are the new industrial revolution,
[22:58]
and I'm here today to ask you to consider setting up a
[23:01]
committee
[23:03]
of citizens to do research on the pros and cons of a data center
[23:07]
in Franklin.
[23:09]
Just as the combustible engine replaced the horse and buggy, data centers
[23:13]
are coming, and they're here to stay.
[23:16]
This city always seems to have a revenue problem, and you can't
[23:20]
put the tax burden solely on those of us who have worked hard for 30
[23:24]
years to pay off our houses and then find ourselves
[23:28]
taxed out of our homes. It's not right.
[23:31]
I don't think anyone really wants to do that.
[23:35]
At least I hope not.
[23:37]
The handout is basically about a small town in the state of
[23:40]
Washington. The population is about 8,100.
[23:45]
It's about our size. Started building a data center
[23:48]
about 20 years ago. They also were on the Columbia River.
[23:52]
We're on three rivers.
[23:55]
The result was years of data center tax
[23:58]
revenue helped to build a state-of-the-art high school, a hospital,
[24:02]
and a new aquatic center for the community.
[24:05]
There were already a handful of data centers in New Hampshire, and I believe the
[24:09]
newest one's in Hooksett.
[24:12]
I'm not 100% sure, but that's what I was told. I haven't read it.
[24:16]
People use data centers every day.
[24:19]
Every time you send an email Stream a video, make an online
[24:23]
purchase, use Google Drive, a data center is working hard
[24:27]
behind the scenes. The amount of data processed by
[24:30]
data centers every day is equivalent to streaming 18,000
[24:34]
hours of high definition video every second.
[24:39]
The latest in the news is in Loudoun County, Virginia,
[24:43]
which if anybody's paying attention, they've been on the news a lot lately.
[24:46]
In 2024, the data centers across Northern Virginia
[24:50]
paid an estimated $1.3 billion directly in property taxes
[24:54]
to the local government.
[24:57]
So all I'm suggesting is, let's not base decisions on
[25:01]
emotions, but on facts.
[25:04]
There are a lot of myths and propaganda out there about data centers.
[25:08]
There's a lot of good points, there's a lot of bad points.
[25:10]
I concede that. I'm just asking if you'd
[25:14]
consider appointing a committee to do the research to dispel
[25:18]
the facts and the myths. Actually, to dispel the
[25:22]
myths and bring forth the facts,
[25:24]
and base those decisions on facts. Bring that certainly to the community.
[25:29]
That's all I'm asking. Thank you.
[25:44]
Is there anyone else that would like to come forward before I close the public
[25:48]
comment?
[26:09]
Good evening, Dean Laffey, Ward 3.
[26:12]
I was going to be quiet tonight.
[26:15]
But Kathy brought up the point about data centers, and I just ran through some
[26:19]
rough numbers.
[26:20]
Going through this budget process this year was painful,
[26:26]
but it's exactly the same pain we've had for the last 12 to
[26:30]
15 years.
[26:32]
Same spots of my body hurt, the same chairs hurt. It's the same.
[26:36]
If we don't change what we're doing,
[26:39]
we're trying to write the definition of insanity.
[26:42]
Keep doing the same thing, expect a different result.
[26:45]
What Kathy brought up is
[26:48]
exactly where we need to go. Not necessarily a data center, but that's a very good
[26:52]
option. The city is short about
[26:55]
$5.4 million budget annually
[26:59]
if we add up the school, the roads, the
[27:02]
CIP, and the police and fire.
[27:05]
In order to gain that amount of revenue inside the budget,
[27:11]
we need to raise an asset base for taxes of about
[27:14]
250 to 275 there.
[27:18]
And in doing that,
[27:20]
we'd be able to fund the businesses the way we want or the areas that
[27:24]
we want. But without doing that, having a
[27:27]
high asset value, low employee content inside the city,
[27:31]
we're going to continue to struggle where we are.
[27:34]
We're never going to make it any other way.
[27:36]
So, I think she's right on the mark, and I think it would be great
[27:39]
if the council, the mayor, and city
[27:42]
manager would move on this much quicker.
[27:46]
We're working on projects that aren't going to help the city of Franklin, and not
[27:50]
working on where we need to go economically for the city.
[27:54]
And $5.5 millions would change the world here for the kids in the city.
[27:58]
Thank you.
[28:09]
Anyone else that would like to come forward?
[28:13]
If not, is there any city councilor that may have a letter that they would
[28:17]
like to read this evening?
[28:26]
Councilor Warner?
[28:29]
Yeah. I would just like to say, I may have had one.
[28:32]
I think we've all experienced the
[28:34]
problem with our email since about lunchtime.
[28:37]
So if anyone has sent a letter to be read and
[28:41]
no one happened to check their emails
[28:44]
before that letter came in or whatever,
[28:48]
my email has not updated since about lunch, so
[28:52]
there's a good possibility that there are letters out there that are not going to
[28:55]
be read that were not to me.
[29:00]
Thank you, Councilor. Councilor Jacobson?
[29:04]
Thank you, Mr. Mayor.
[29:06]
A second what Councilor Warner just said.
[29:07]
I've been having the same trouble with my email, but this came in earlier.
[29:14]
Mayor, City Councilor, City Manager, it is unconscionable that the city has
[29:17]
responded to the mere threat of a suit and moved the kayaks at the intersection of
[29:21]
Central and Main Streets. Set aside whether the individual making the threat
[29:25]
has his primary residence in Franklin, where is the harm to this
[29:28]
individual which would be the basis for a suit?
[29:31]
It is my understanding that the DOT has said they have no concern about the
[29:35]
placement of these kayaks. The kayaks are part of a project that the
[29:38]
city's recreation department started several years ago,
[29:42]
and for which it collects donations.
[29:44]
So it has the city's official seal of approval.
[29:47]
There has been no incident related to the placement of these kayaks as long as
[29:50]
they've been there.
[29:51]
It's bad enough that these works of beauty have been impacted, but it's worse that
[29:55]
the city government has wasted any time on this issue when there are so many issues
[29:58]
of greater import that need your attention.
[30:01]
It's clear that the vast majority of Franklin residents appreciate these displays
[30:05]
and want them to remain on the medians.
[30:07]
Therefore, I urge the council to pass a motion approving their placement there and
[30:10]
move on to real issues. Thank you for your time. Vince Rivas, Ward 2.
[30:19]
Councilor Warner?
[30:22]
Okay.
[30:23]
Anyone else?
[30:25]
If not, I will now close the public
[30:29]
Comment section.
[30:31]
And we will move on to city council acknowledgement.
[30:35]
Any city councilor have anything to-- Council Warner?
[30:42]
Yeah, given the many changes that have occurred in the last
[30:46]
few months really, with the city's website,
[30:51]
the interactive
[30:54]
components of it. We can now track service requests.
[30:57]
We have
[31:00]
a public comment section. The new website is
[31:04]
being updated, and it's certainly more attractive.
[31:08]
I just wanted to commend the city staff.
[31:10]
I may be incorrect, but I believe
[31:14]
that the executive assistant to the city manager, Brenda
[31:17]
Demers, is the
[31:19]
spearhead
[31:21]
on this spear. And I just wanted to
[31:25]
point out that I think that these are good changes.
[31:28]
They're appreciated, and communication
[31:32]
is what lends to greater transparency.
[31:40]
Councilor Johnston.
[31:42]
First, I'd second what Councilor Warner just said.
[31:45]
Brenda's doing an awesome job. I'm glad Mitch hired her.
[31:51]
Second, I don't know how many people are
[31:55]
aware of this, but there actually is a little bit of movement as far as getting
[31:59]
a couple of roads paved. So I wanted to thank the city manager
[32:03]
and the municipal services department for actually
[32:08]
starting to move forward with getting a couple of roads paved here and there.
[32:11]
And, hopefully we'll see that continued into the years in the future.
[32:20]
Any other councilors?
[32:23]
If not, then we will move on to
[32:26]
the mayor's update. And, first off,
[32:30]
I would like to invite Myla Everett forward
[32:35]
so that I could read a proclamation for
[32:39]
Renaissance Fair Weekend.
[33:02]
Good night. Thank you.
[33:05]
Mayoral proclamation in honor of President.
[33:11]
In honor of.
[33:15]
What is that slip about?
[33:18]
Myla Everett's
[33:22]
Renaissance Fair Weekend.
[33:26]
In the year of our Lord, 2026, in proclamation
[33:30]
relating to Renaissance Fair Weekend in Franklin, New Hampshire.
[33:34]
And in the keeping of our city's efforts to encourage
[33:37]
opportunities of culture, art, and activities,
[33:41]
we celebrate the European Renaissance
[33:44]
period with fostering
[33:46]
community among our residents.
[33:50]
Whereas, Renaissance Fair Weekend began in
[33:54]
2016 in Franklin, first at the Elks Field, and
[33:58]
has continued each year on the weekend following Labor Day.
[34:02]
Whereas, the Renaissance Fair serves as an
[34:05]
educational experience combining historic
[34:09]
period elements, spiritual with
[34:13]
traditional grab
[34:16]
and artistry ware for sale. And whereas, the Renaissance
[34:19]
Fair is a family-friendly event that brings our community together in the
[34:23]
spirit of celebration. And whereas, the
[34:27]
festivities shall be held in accordance with the tradition
[34:31]
at Odell Park for the two-day weekend in the
[34:34]
spirit of celebration and community.
[34:38]
Now, therefore, be it resolved that I,
[34:41]
Glenn Morrell, Mayor of the City of Franklin, New Hampshire, do
[34:44]
hereby proclaim
[34:47]
Saturday, September 12th and Sunday, September 13th,
[34:51]
2026 as Renaissance Fair Weekend for the
[34:55]
City of Franklin and urge all citizens to join with
[34:59]
family and friends in celebrating this event by attending the
[35:03]
festivities and partaking in the merriment,
[35:07]
traditional costumes, food, and activities.
[35:12]
Thank you, Myla.
[35:21]
Can I ask a question?
[35:23]
Sure.
[35:24]
How many of you have heard our ad on the radio?
[35:28]
Nobody?
[35:29]
We started Friday.
[35:31]
One.
[35:32]
One.
[35:32]
I heard it.
[35:33]
Thank you.
[35:34]
Myla, I've heard it, too.
[35:38]
Which station?
[35:38]
The Franklin
[35:39]
station.
[35:43]
Mr. Gary?
[35:44]
Okay.
[35:56]
Also, I would like to
[36:00]
continue with the mayor's update.
[36:04]
I attended phase two of the groundbreaking ceremony at the
[36:08]
Easter Seals of New Hampshire Military Veterans Campus.
[36:13]
When phase two is completed, the campus will expand to include an
[36:17]
equine and recreation center, as well as an
[36:20]
empowerment and personal growth center.
[36:24]
These two facilities, along with the other planned
[36:27]
projects, will transform this campus into something truly
[36:31]
special for our veterans, and Franklin is proud to have
[36:35]
this campus
[36:37]
here in our city
[36:39]
So, it was a great event attended by many
[36:43]
city of
[36:44]
state officials, a great turnout, and
[36:48]
they have started work on this new
[36:53]
facility. So, it was a great event. So.
[36:58]
That's all I have. So I will now pass it on to the
[37:02]
city manager for his update.
[37:07]
Thank you, Commissioner.
[37:10]
I wish mine were going to be quite that short, but it won't be the longest one I've
[37:13]
ever done.
[37:15]
Good evening, everyone.
[37:18]
So I'd like to start off tonight and talk a little bit about the kayaks.
[37:23]
Moving the kayaks was not an easy choice or one that I made quickly.
[37:28]
However, there is a legitimate legal/safety
[37:31]
ambiguity around having them in the medians.
[37:34]
It's a wonderfully gray area, like a lot of our state law and
[37:38]
even more of our local law as written.
[37:42]
I had consulted or have consulted with experts,
[37:45]
including at the New Hampshire DOT,
[37:49]
several road agents.
[37:51]
I have reports provided by individuals who state they were experts but would
[37:55]
not sign them. I have lawyers weighing in on both sides of the
[37:59]
legality, and it's still a wonderfully gray area.
[38:03]
Of everyone I talked to, no one could confirm that
[38:07]
there was not an increased risk of liability to the city by having
[38:11]
them in the median based on the fact that they are in
[38:14]
violation of the engineering guidance and clear spaces.
[38:18]
Now, having said that, there was never any discussion of trying to get rid of the
[38:22]
kayaks. We were simply going to move them from the center to the sides of the road.
[38:27]
And I know that there's a lot of
[38:30]
discussion on Facebook.
[38:33]
I would not characterize a threat or bullying to be
[38:36]
done to this. It was a legitimate safety concern that I can't make go
[38:40]
away. Now, what I would like, instead of the city having to
[38:44]
pay for the lawyers to do the work, is the nonprofits to
[38:48]
bring me back
[38:50]
the studies that show why it is safe, why it's not a violation of
[38:54]
the engineering guidance. And I would love to have that presented to the council so
[38:58]
that next spring they can be put back in the medians.
[39:01]
But I don't have that right now. And as many people have stated tonight,
[39:05]
I don't believe it's a good use of either city employee time or
[39:09]
city money to do that research that a nonprofit could do for us.
[39:14]
So I know I've received several
[39:17]
emails.
[39:19]
And in fact, I would argue that City Hall, my office, was the
[39:23]
subject of a denial of service attack, where people repeatedly
[39:27]
called our phones simply to tell us not to move the kayaks
[39:30]
without even understanding that there was an issue just beside one
[39:34]
individual having an issue with them.
[39:37]
There is a legitimate safety concern.
[39:40]
So, having said that, that's probably more time than I want to spend.
[39:44]
I am hoping that the work will be done, and we'll be able to return them,
[39:48]
with all legal necessity,
[39:50]
the next time they go out. And I will say,
[39:54]
I love them. They're beautiful. I get more compliments from both people
[39:58]
in Franklin and people who just drive through Franklin every day on how
[40:02]
beautiful the flowers are. I am a big supporter.
[40:07]
On other business. First, it's been noted today, if you sent
[40:11]
an email to any city official after
[40:15]
12:30 this afternoon, 12:36 to be exact,
[40:19]
it has not been delivered, nor has any email that a city official
[40:23]
has sent back to you since that time been delivered.
[40:26]
It's sitting in our outboxes.
[40:28]
This is a Microsoft issue, or at least that's what CCS tells me.
[40:32]
It's not a local issue.
[40:34]
So,
[40:36]
I apologize. If there's any information,
[40:39]
please give me a call.
[40:41]
If you need to talk to me directly, I am hoping, knock on wood, hope is not the
[40:45]
best course of action, but it is definitely one we can take, that Microsoft will
[40:49]
have this resolved by tomorrow morning.
[40:53]
Roads were mentioned. Thank you for that.
[40:55]
And, what I will let you know is that the proposals and
[40:59]
cost estimates that I received, I received this afternoon
[41:04]
and didn't have the heart to put a late item out.
[41:06]
Well, even if I could have, I didn't have the email capability to get a late item
[41:10]
to you, but there were already 14 agenda items.
[41:13]
So, with any, again, hope being the best course of
[41:17]
action I have, that may be something we discuss at the workshop,
[41:21]
if we do set a workshop up on the 14th.
[41:23]
Or it will certainly be an agenda item you see at the meeting at the end
[41:27]
of next month.
[41:32]
A few councilors had asked for an update on the Whitewater project.
[41:35]
We have received two invoices since the work resumed on the project.
[41:39]
I have a meeting with the city manager, or excuse me, with the project manager.
[41:42]
I am the city manager. I have a meeting with him, too,
[41:46]
this Thursday to ensure that these two and all other remaining invoices that
[41:50]
we have from earlier in the project are placed in the proper, I'm going to put
[41:54]
buckets in air quote, the proper areas in the HUD
[41:57]
website so that we can be properly reimbursed for them.
[42:01]
Once submitted, that process has taken about three days for us to get our money,
[42:05]
and it has been fairly seamless from this point.
[42:08]
With the budget passed, the city is moving back into our normal operating tempo,
[42:12]
and I expect this to be taken care of this week.
[42:15]
The project has spent just over $2 million total,
[42:19]
and the city has been reimbursed for all of that except just under
[42:22]
$300,000. And again, I expect to have that back next week.
[42:27]
And that includes the new invoices that we're holding right now.
[42:33]
In regard to Soldiers Memorial Hall, we are still on schedule for returning to
[42:37]
Soldiers Memorial Hall in December of 2027 I attended a meeting
[42:41]
in ARCOV last week, and they have identified some engineering issues that
[42:45]
I need to meet with the Franklin Opera House folks about, along with the ARCOV
[42:48]
folks to give them full explanation,
[42:51]
as the new budget does not allow us to totally rebuild the balcony the way we were
[42:54]
originally going to. So there's going to be some limitation to the number of seats
[42:58]
that we will be able to put up there, and we need to make sure we're all on the
[43:01]
same page before we start that.
[43:09]
Additionally, I have a draft RFP to hire a construction management company
[43:13]
for the project. The RFP will go out shortly, and it will
[43:16]
solicit multiple bids for
[43:20]
construction management. These bids are going to be for total project
[43:23]
completion, and the hope is to have a construction management team contract
[43:27]
for the council consideration by next month.
[43:30]
They will be the city's primary conduit for the entire project's
[43:33]
completion. This process was recommended to me by the ARCOV folks
[43:37]
over the old and the tried and true general contractor bid
[43:42]
because it will actually give us more visibility on a regular basis with
[43:45]
professionals driving the contract.
[43:47]
It will not increase the cost, as most general contractors also now
[43:51]
do construction management. It's simply a new process.
[43:54]
They will owe us either a weekly or a monthly report that I'll be able to then
[43:58]
pass on to this council and probably post publicly, as long as it
[44:02]
doesn't have any type of proprietary information on it, so that the public will
[44:06]
know exactly where we're going. In addition, I am working with,
[44:10]
although I don't think he knows it yet, the fire marshal.
[44:13]
I want to get Soldiers Memorial Hall open for one day before the construction
[44:17]
crews actually get in there to allow the citizens of Franklin to walk through and
[44:21]
see the shape it's in now. I challenge anyone who doesn't believe it needs a
[44:25]
renovation to walk through that basement with me and then look me in the eye and
[44:29]
honestly tell me it doesn't need to be renovated after you do that.
[44:33]
Likewise, I will set up a day before we move back in next
[44:37]
December, for people to come and see what your money has purchased
[44:41]
prior to the city hall moving in and it actually becoming office spaces that we're
[44:44]
using on a daily basis.
[44:47]
Finally, tonight, I have a request.
[44:50]
If you have not noticed, as it was mentioned tonight, the new website's up and
[44:54]
running, and it's a very different look, and it works much better.
[44:58]
There are still a few glitches, but there are far fewer glitches on the new website
[45:02]
than there were on the old website.
[45:05]
If you were signed up for the email alerts from the city, we need you to go back
[45:08]
and please sign up again. When we switched from the old to the new, it
[45:12]
basically dropped that entire system.
[45:15]
When you go to the website, it should give you a pop-up page asking you to renew
[45:18]
your subscriptions. If you do anything, that pop-up page just
[45:22]
disappears and either goes down to the bottom of the stack of all your windows
[45:25]
open. So if you don't click on it first, it kind of
[45:29]
disappears. Brenda has put on the scrolling advertise,
[45:33]
and so if you sit there long enough, a window will pop up that says, "Click here to
[45:37]
renew your subscriptions." Please go there.
[45:39]
That's step one of two that are required, however.
[45:43]
After you put your email address in there, it's going to send you an email.
[45:47]
It requires you to actually click the link on the email that you're sent,
[45:51]
so
[45:52]
you'll be accepted on the list. So it needs you to do the two-step process to get
[45:56]
back on the list to be notified.
[45:59]
And then you get Brenda's email every week telling you what's going on in the
[46:03]
city, as well as all the other alerts that we push out for needed information.
[46:07]
So please, go back on there. Check out the new website if you haven't yet.
[46:11]
It's actually worth a few minutes of your time to take a look at the difference
[46:15]
because it is really good compared to what we had before.
[46:19]
I will echo the councilor's appreciation.
[46:21]
Brenda has put a tremendous amount of work in it, and it is truly appreciated.
[46:27]
And that's all I have.
[46:31]
Thank you. Do any councilors have any questions for our city manager?
[46:35]
Councilor Boyce.
[46:37]
Thank you, Mayor. City manager, could you please elaborate on the new
[46:41]
hours for the clerk's office, as there's a lot of chatter going around?
[46:45]
So the clerks are still going to be open. The clerks are open 40 hours a week.
[46:51]
If you looked at when they were open before,
[46:54]
we talked about that a little bit in the budget hearing.
[46:57]
The
[46:59]
operating tempo to keep the old hours open actually
[47:02]
required four people to do it, and they were never funded to have four people in
[47:06]
that office.
[47:08]
They were burning the clerks out. They were eating lunch at their desks
[47:12]
and not getting paid for it. And they were taking
[47:16]
shorter breaks than they should. They were often working before and after
[47:20]
they were off the clock, and the city was not paying them overtime.
[47:25]
So we've adjusted their hours.
[47:28]
The actual hours that the office is open allow
[47:32]
them to do the jobs they need to do in addition to
[47:36]
being able to answer that window.
[47:38]
And there are substantial jobs they do, especially this time of year with
[47:42]
elections.
[47:44]
So, does that answer your question, sir?
[47:48]
Councilor Boyce?
[47:50]
It wasn't me. I was just addressing the public why it was done.
[47:53]
Thank you, appreciate it.
[47:57]
I have a question.
[47:59]
Councilor Jacobson.
[48:02]
Thank you, Mr. Mayor. City manager, for the
[48:05]
new engineering that you're talking about in Soldiers Memorial Hall, is
[48:09]
the reduction in seats, is that on top of the
[48:15]
presentation you gave earlier this year that reduced a few number of seats and
[48:19]
changed the layout of the plan?
[48:24]
City manager.
[48:25]
So it is part of that plan. I don't have the exact number of seats.
[48:28]
That's one of the things I need to sit down with the ARCOV engineers and the Opera
[48:32]
House so we can get that exact number.
[48:36]
But it is part of the plan I presented earlier.
[48:41]
Thank you.
[48:42]
Any other councilors
[48:45]
If not, we'll move on to the school board update.
[49:32]
Okay. Good evening, everyone.
[49:34]
I want to start out with our staff return last week,
[49:38]
last Wednesday, from their summer break, and I want to thank Mayor Moral
[49:43]
for coming to our opening day breakfast, and welcome.
[49:47]
We had a great morning at Franklin High School.
[49:50]
I appreciate, Glenn, your kind words to the staff,
[49:54]
and your welcome back address. I also want to thank Fire Chief Mike Foss for
[49:58]
attending and addressing the staff as well.
[50:01]
It's a nice tradition we have every year, and I'm very grateful for the
[50:05]
mayor and fire chief for attending.
[50:09]
Today was our opening day of school.
[50:12]
We welcome back our students today at all three schools.
[50:15]
It's great to see the smiling faces return and bring the schools back to life.
[50:20]
I'm pleased to share that Ms. Judy Tibbetts, our family and consumer
[50:23]
science teacher,
[50:25]
started her 57th year of teaching today.
[50:34]
WMUR caught word of this somehow on, guessing, on Facebook.
[50:38]
I think they hit Facebook. They will actually be joining us tomorrow at the high
[50:41]
school to do a nice story on her, which I think will be great for Franklin as well.
[50:45]
So,
[50:46]
be sure to be on the lookout for that.
[50:50]
Fiscal year '26 budget update. We're getting close to closing the
[50:54]
books for the fiscal year '26. Jefferson anticipates having
[50:58]
final fund balance information in the next couple of weeks, and I'm sure I'll have
[51:01]
that for you at our next city council meeting together.
[51:05]
As a reminder, we budgeted for FY27
[51:08]
$150,000 in revenues from the fund balance.
[51:12]
So that is our target number that we're hoping to hit.
[51:16]
And like I said, as soon as we know that number, we will make sure we get that to
[51:19]
you.
[51:21]
And if there are no questions, I'll turn it over to Liz.
[51:30]
Thank you. So,
[51:33]
I want to talk briefly about a public policy hearing that we will be
[51:37]
having on Tuesday, September 22nd, at
[51:41]
6:00 PM at the district office. There will be
[51:44]
a public hearing on policy JICK,
[51:49]
which is entitled Bullying Prevention, Pupil Safety, and Violence Prevention.
[51:54]
This is mainly because of the passing of House Bill 131,
[51:58]
which comes with the part, and I quote, "With the intent of
[52:02]
recommending changes to the policy while retaining those portions that
[52:06]
are required by the statute."
[52:08]
So essentially, we're doing this because the House
[52:12]
bill updated an RSA, and because of that, the
[52:16]
policy was impacted, and so it's being recommended that we
[52:19]
bring this to a public hearing.
[52:22]
The goal is to hear from pupils, parents,
[52:25]
administrators, school staff, school volunteers, community representatives,
[52:29]
and local law enforcement agencies at this hearing, specifically
[52:33]
regarding feedback for the policy.
[52:36]
So the policy is linked in the
[52:40]
digital version of these notes, which will be provided to Brenda,
[52:44]
and also it is right on the SAU website.
[52:48]
There's a link to policies, and it is against policy
[52:51]
JICK. And so we encourage people to-- We will be collecting
[52:55]
feedback in the meantime, but the public hearing is a great place for people to
[52:58]
come and voice
[53:00]
any thoughts they have about possibly improving the policy, which we,
[53:04]
the policy committee, will then be meeting and working on with the
[53:08]
goal of having everything amended and passed for January.
[53:13]
And finally, want to pass along a quick legislative update.
[53:17]
There are two that I believe everybody in the city should be
[53:21]
aware of in particular.
[53:24]
So to summarize, approximately 60 bills regarding education
[53:28]
became law this past legislative session.
[53:31]
As it does every year, the NHSBA has created a document that tracks
[53:35]
all of these, as well as their real and possible
[53:39]
policy and district implications.
[53:42]
It's also conducting a webinar on Wednesday to review key bills and themes.
[53:46]
No small feat. So two that I would like to call attention to.
[53:50]
One of the most important for Franklin is HB 1817,
[53:54]
which is entitled Relative to Access to Curricular Courses and
[53:58]
Co-Curricular Programs Within School Districts.
[54:03]
No, honey.
[54:06]
Yeah, okay. That is right. Okay.
[54:07]
So, this one states that the school board must amend the local
[54:11]
policies allowing resident EFA/voucher
[54:15]
students to attend or participate in school district
[54:18]
curricular programs and extracurricular activities
[54:22]
at no cost to the student/parent.
[54:26]
So prior to HB 1817, school districts were allowed to
[54:30]
charge or assess fees on such students.
[54:35]
So what this essentially means is that,
[54:37]
students who are taking advantage of the vouchers offered by the state, they're
[54:41]
getting between $4,600 and $4,900 to go
[54:45]
to private or other institutions.
[54:48]
They are now also allowed to come back to
[54:52]
Franklin Public Schools and Participate in
[54:56]
courses and extracurricular activities for free.
[55:00]
So whereas before we could recoup some of that money that we're not getting
[55:04]
from the state by charging a fee,
[55:07]
we now will not be able to do that.
[55:09]
So just a note from the NHSBA is that the fiscal impact of this bill
[55:13]
is indeterminable, as it may result in significant costs at the
[55:17]
local or state level, depending on how many students take advantage of the
[55:21]
expanded access.
[55:23]
So that's one.
[55:25]
The other one is HB1300,
[55:29]
and this one is entitled, "Establishing a school district tax cap
[55:33]
question for the state general elections of 2026 and
[55:36]
2028 and related limitations on central office administrative
[55:40]
expenses in school districts." Such a concise title.
[55:45]
So some of the wording, to summarize this, is that every school district
[55:48]
must have a combined tax cap and SAU budget limitation
[55:52]
question placed on the November 2026 ballot by operation
[55:56]
of law. So that needs to happen. That will be happening.
[56:02]
Lot of questions around this one. So currently, there is little to no
[56:06]
guidance yet on how this would interact with things like existing tax
[56:10]
caps or charters. The current information
[56:13]
that we have is that NHSBA and its member school boards are awaiting
[56:17]
technical guidance from the NHDOE, the Attorney General's
[56:21]
office, and the NH Department, the DRA, the Toronto Revenue
[56:25]
Administration. NHSBA will update its members accordingly
[56:29]
when such technical guidance becomes available.
[56:33]
So this bill's interesting. So it's voted on.
[56:36]
It's on the ballot in 2026 and 2028. That's going to happen.
[56:40]
It also includes a sunset provision that will cause the tax cap regulations to
[56:44]
expire on January 1st, 2032,
[56:47]
and it allows taxpayers to enforce compliance with that in Superior
[56:51]
Court.
[56:52]
It also grants the DRA rulemaking authority for implementing these
[56:56]
provisions and requires updates to its reporting systems with an
[56:59]
estimated cost of $100,000, and it does not state where that money will come
[57:03]
from either.
[57:06]
So to summarize, this feels a little-- It's a premature
[57:09]
action being taken without an understanding of ramifications to districts and
[57:13]
municipalities. So that will be on there in November, and we don't know
[57:17]
anything about it.
[57:21]
City manager.
[57:22]
So just as an administrative concern,
[57:26]
I know that we have to submit draft ballots for printing
[57:29]
very quickly for the November election.
[57:32]
We've already submitted them for the October election.
[57:36]
Has there been any consideration for that deadline?
[57:39]
I'm guessing the answer's no, but...
[57:41]
It should be coming from the state.
[57:43]
It's a state-- It was HB 1300, so it should be coming from the state.
[57:47]
We don't have anything. So hopefully for sure, but it does sound
[57:51]
like it might not.
[57:53]
We've talked about hope a lot tonight.
[57:56]
Yeah, that's the thing that floats, right?
[57:59]
Do any of the councilors have... Councilor Priebe.
[58:04]
Thank you both for coming up here. Takes a lot of courage to get up here.
[58:08]
And I want to thank you for this. Makes it easier for me to follow what you guys
[58:12]
are trying to do. When you were
[58:15]
chairman of the school board,
[58:18]
when you were saying about
[58:21]
the vouchers, I was confused, and it's a sign of old
[58:24]
age.
[58:28]
The vouchers for the
[58:31]
child, the money has always followed the child, so they can go where they were or
[58:34]
the parents want them to go. But now they can come back into
[58:38]
our programs where we can't revenue.
[58:42]
Give me an idea of what course would be affected by it.
[58:45]
You must have something in your records as these children
[58:49]
come back into our school system, and what particular course did
[58:53]
they take so that we're not making-- Because we used to charge for that, if I
[58:57]
understood you correctly. So-
[58:59]
Yeah
[59:00]
... what course would that be?
[59:03]
So just as an example, Councilor Priebe, we have a few
[59:07]
students that come in, and let's say they take a drama class at the high school.
[59:11]
It used to be if they had an EFA, that we could then charge them
[59:15]
and take some of that EFA money into the district because they're coming into our
[59:19]
school to take a class. Right now, they can take EFA
[59:23]
money and pay to go elsewhere, but they can come back into the Franklin schools and
[59:26]
take that drama class for free, and we don't get any
[59:30]
adequacy money or any money. Franklin gets no money for those students to
[59:34]
come in to take those classes at the high school or any school for that matter.
[59:40]
Okay.
[59:44]
Any other councilors that have questions?
[59:48]
Thank you very much for coming forward.
[59:51]
If I could just add real quick, Councilor Warner, do we know if September
[59:55]
16th is a definite on joint finance?
[59:59]
Our side is all good to go. I can confirm that.
[1:00:02]
You apparently didn't get my email.
[1:00:06]
I'm sure I didn't.
[1:00:07]
Yeah. I
[1:00:08]
was going to try to pull you aside tonight, but now I'll just take this opportunity
[1:00:12]
to say yes, I have confirmed the availability of everyone.
[1:00:15]
Okay. I'll let our side know too. Great.
[1:00:18]
So
[1:00:19]
we're go. All have been reserved,
[1:00:23]
meant to attend. I was just wondering what your side was.
[1:00:26]
Yeah. We're good. As long as it's at 6:00, we're good to go.
[1:00:30]
Six o'clock is the time.
[1:00:31]
All right. Fantastic. Thank you.
[1:00:44]
We will now move on to agenda item number one,
[1:00:48]
council to approve the minutes for August 3rd, August
[1:00:52]
11th, and August 14th, 2026
[1:00:59]
Councilor Carrier.
[1:01:01]
Thank you. I move to approve the minutes from the August 3rd, August
[1:01:05]
11th and August 14th, 2026 meetings.
[1:01:10]
Second.
[1:01:11]
A motion has been made and seconded. Is there any discussion?
[1:01:17]
Councilor Previ.
[1:01:19]
Thank you, Mr. Mayor. Is there a chance that I can get a printed version of those
[1:01:22]
minutes?
[1:01:23]
Sure.
[1:01:24]
Because they aren't in this packet, so just submit it to me on the Outlook page
[1:01:28]
if the emails are working. And that way, I can print them out and
[1:01:32]
put them in my copy okay.
[1:01:41]
Any other discussion on the minutes?
[1:01:46]
If not, I will take a roll call vote.
[1:01:51]
Councilor Johnston.
[1:01:53]
Yes.
[1:01:55]
Councilor Jacobson.
[1:01:57]
Yes.
[1:01:59]
Councilor Previ.
[1:02:01]
Yes.
[1:02:03]
Councilor Forge.
[1:02:04]
Yes.
[1:02:06]
Councilor Warner.
[1:02:08]
Yes.
[1:02:10]
Councilor Hallett Cook.
[1:02:12]
Yes.
[1:02:15]
Councilor Carrier.
[1:02:16]
Yes.
[1:02:19]
Councilor Boyce.
[1:02:20]
Yes.
[1:02:24]
The motion passes with eight votes.
[1:02:32]
We will now move on to
[1:02:36]
agenda number two.
[1:02:42]
Memorandum of Understanding with the Franklin Outing Club
[1:02:45]
Inc., for operation of the Veterans Memorial
[1:02:49]
Recreation Area.
[1:02:51]
Councilor Carrier.
[1:02:54]
Thank you. I move that the City Council approve the memorandum of
[1:02:57]
understanding between the City of Franklin and the Franklin Outing Club Inc.,
[1:03:01]
for operation of the Veterans Memorial Recreation Area, and
[1:03:05]
authorize the city manager to execute the agreement.
[1:03:08]
Second.
[1:03:10]
A motion has been made and seconded. Do we have any discussion?
[1:03:16]
Councilor Warner.
[1:03:19]
Yes, I want to get this done myself.
[1:03:22]
I was wondering, can we get the
[1:03:25]
dates on item number two
[1:03:28]
on or before
[1:03:29]
blank date blank?
[1:03:32]
And then further down under that, I wanted to know, do we
[1:03:36]
have a completion date
[1:03:38]
for their master plan? You cannot implement a master plan if you don't
[1:03:42]
have a master plan.
[1:03:45]
Also, I want to make sure that we're completing annual financial
[1:03:49]
reporting for RSA 72, colon 23,
[1:03:53]
paragraph six.
[1:03:55]
I don't see where that's totally covered in here.
[1:03:58]
It may be
[1:03:59]
you could say it was part of,
[1:04:02]
oh,
[1:04:05]
3C
[1:04:07]
or something like that, but it's not explicit.
[1:04:12]
And I'm not going to go so far as to read
[1:04:15]
RSA in facility two. It's there.
[1:04:18]
But I
[1:04:19]
would be
[1:04:23]
totally agreeable to
[1:04:25]
voting to accept this agreement tonight if we had
[1:04:29]
some of the blanks and questions filled in.
[1:04:37]
Councilor Johnston.
[1:04:40]
So looking at this, I know I had brought up before at the
[1:04:44]
last meeting about the outing club, as far as us paying, the city paying for the
[1:04:48]
insurance.
[1:04:49]
I do see now that the insurance is going to be split 50/50.
[1:04:54]
I'm okay with that to begin with.
[1:04:56]
But
[1:04:57]
in the terms,
[1:05:01]
section 3B says, "The
[1:05:05]
club shall have the right to make reasonable charges for the use of the facility it
[1:05:09]
has developed and further develops and maintains in the area.
[1:05:13]
The process for establishing the charge amounts and when they will be
[1:05:17]
applied shall include the city manager." I would like to
[1:05:21]
include and City Council.
[1:05:23]
City Council
[1:05:25]
decides on all fees and all charges every year in the
[1:05:28]
budget process, and this should not be any different.
[1:05:33]
Other than that, I don't have an issue with it.
[1:05:37]
City manager.
[1:05:39]
So my recommendation would be that shall include the city
[1:05:42]
manager with City Council approval, because I don't think the
[1:05:46]
council wants to be part of the negotiations and process.
[1:05:49]
I think you guys would just want to slap the table at the end.
[1:05:52]
Correct, sir. With City Council approval.
[1:06:02]
Any other discussion?
[1:06:10]
City manager.
[1:06:11]
So Councilor Warner, I know you didn't want to read all of RSA
[1:06:15]
72. Was there some specific language of RSA 72 you wanted
[1:06:19]
included in paragraph,
[1:06:23]
3C?
[1:06:26]
Annually towards the end, post file with the municipality in which the
[1:06:31]
property is located, upon a form prescribed and
[1:06:34]
provided by the Board of Tax and Land Appeals, a statement of financial condition
[1:06:38]
for the preceding year and other such information as may be necessary
[1:06:42]
to establish its status and eligibility for tax exemption.
[1:06:47]
And there's more to that, but I think that would
[1:06:50]
cover it.
[1:06:51]
City manager.
[1:06:53]
So would it be satisfactory then, if we were to say that the club shall
[1:06:57]
keep adequate bookkeeping records in accordance with RSA 72
[1:07:01]
or with state RSAs?
[1:07:03]
State RSAs
[1:07:06]
Our state RSA 72,
[1:07:11]
colon 23-Roman
[1:07:15]
numeral six.
[1:07:21]
I have a comment.
[1:07:26]
Councilor Jacobson.
[1:07:28]
Thank you, Mr. Mayor.
[1:07:31]
Councilor Warner, I think what you're suggesting
[1:07:33]
makes sense. I'm hesitant to
[1:07:38]
be that specific on the reference in
[1:07:41]
here.
[1:07:45]
Would you be more comfortable with just state RSAs rather than
[1:07:49]
the specific reference,
[1:07:51]
in case those RSAs change, that we need to come back, and
[1:07:56]
it could conceivably create a headache without much improvement
[1:08:01]
or change in reporting.
[1:08:06]
I think that would lack a certain specificity that I would like to see.
[1:08:10]
Of course, there are nine of us. We all have a vote.
[1:08:21]
Councilor Forge.
[1:08:24]
I agree with
[1:08:26]
Councilor Jacobson. And reason being, this is
[1:08:30]
a 21-year
[1:08:33]
agreement. There's a lot of time in between now and 21
[1:08:36]
years from now for those RSAs to change.
[1:08:39]
I think we can maintain the integrity of that
[1:08:43]
wording with
[1:08:44]
something more general, like in accordance with state RSAs in
[1:08:48]
that section.
[1:08:57]
Councilor Hallett Cook.
[1:09:00]
Would it suffice to say all applicable RSAs?
[1:09:07]
Instead of being-
[1:09:10]
Instead of being specific to an exact, or even just the
[1:09:14]
number and not going down to the colon,
[1:09:18]
because those things can change.
[1:09:23]
Councilor Warner.
[1:09:26]
I think it would be acceptable to just designate that or be
[1:09:30]
specific about RSA 72I.
[1:09:40]
Councilor Carrier.
[1:09:42]
Thank you.
[1:09:43]
What we have before us here tonight is a really abbreviated version
[1:09:47]
of what we had last month.
[1:09:50]
Part of
[1:09:52]
the overall agreement is that the club will also provide financial
[1:09:56]
reports,
[1:09:57]
statements of good standing with the state, statements about
[1:10:01]
their status as a nonprofit. And I believe all those other things
[1:10:05]
combined should cover the concerns that are
[1:10:09]
being addressed within this specific request.
[1:10:16]
Councilor Warner.
[1:10:18]
I went through the 68 pages in last month's packet,
[1:10:22]
and this is what stands out to me as not
[1:10:26]
being in the packet.
[1:10:29]
So
[1:10:30]
I'm just asking for this one simple addition.
[1:10:40]
City manager.
[1:10:42]
So with the council's indulgence, I would actually ask if we can have the president
[1:10:46]
of the outing club come forward.
[1:10:51]
We would need amendments from the council
[1:10:54]
to put that wording in. But I would also like to ask him what the
[1:10:58]
dates are on their operating plan, because I thought we did have that filled in.
[1:11:02]
As for the agreement, the date of the agreement is left blank
[1:11:06]
because until this council says I can sign it, it was kind of pointless to put
[1:11:10]
dates in, but it will most likely be
[1:11:14]
if you slap the table tonight, tomorrow, or whenever I can arrange
[1:11:18]
both of us to be sitting at the table to sign it.
[1:11:21]
However, I don't
[1:11:23]
know when they do their annual operating plan.
[1:11:25]
So with the council's indulgence, I would invite him forward to answer
[1:11:29]
that question and to see whether or not he can accept the
[1:11:33]
changes the council is proposing tonight or if it will require him to go back
[1:11:37]
to the outing club's board in order to make those changes.
[1:11:43]
President Morrill, could you please come forward?
[1:11:56]
There we go. Thank you for having me up.
[1:11:58]
What questions can I answer?
[1:12:03]
City manager.
[1:12:04]
So the first one is on section two, on or before which
[1:12:08]
day, and then it would be 2020, I'm assuming either
[1:12:12]
2026 or 2027, is it that
[1:12:16]
the club
[1:12:17]
actually publishes its annual operating plan?
[1:12:22]
So I believe that will be in June, as our physical
[1:12:26]
year ends, starts in June. So it'll be June.
[1:12:33]
City manager.
[1:12:34]
So I believe, was the 2026 one provided?
[1:12:37]
It was in last month's packet, I thought, or there was one there, or an example of
[1:12:40]
one.
[1:12:42]
Is this year's complete then? Or would
[1:12:46]
2025s that was complete and you're currently working on 2026s that will be
[1:12:50]
complete next year?
[1:12:52]
Well, the one that we
[1:12:54]
gave was kind of a template to make sure that's what you guys
[1:12:58]
wanted in the next year. That's the information you will get in June.
[1:13:05]
City manager. So on or before the 1st day of June or the last
[1:13:09]
day of June?
[1:13:10]
The first day sounds good
[1:13:21]
City manager.
[1:13:22]
And then the additional question,
[1:13:25]
if this council does make the amendments proposed, there are two of them
[1:13:29]
that we're discussing but are not on the table yet.
[1:13:32]
Would you be able to accept for the club, or would it have to go back to the club
[1:13:36]
for their approval? I know I had your and the club's approval on the printed
[1:13:40]
document I have. How would amendments work by your bylaws?
[1:13:47]
I'm not quite sure. I think I have due diligence within
[1:13:51]
reason to say yes.
[1:13:54]
But I guess it depends what it is. I think the first one
[1:13:58]
was, can you-
[1:13:59]
So the first one was to add city council approval on any fees
[1:14:04]
that the club would be charging.
[1:14:07]
So the negotiations on when and when they would be established would be worked out
[1:14:11]
between the club and the city manager. The city council would have final approval.
[1:14:16]
And what are those fees considered?
[1:14:18]
Just like our lift tickets or our-
[1:14:20]
So-
[1:14:20]
... concession? What does that mean?
[1:14:23]
It would essentially, the way I read this, it's fairly broad.
[1:14:26]
It would be essentially any fees you charged,
[1:14:29]
the council would have the authority to approve or disapprove.
[1:14:33]
But I'm assuming if you come to this board with a reasonable reason for why you
[1:14:37]
wanted to change them, they would accept that.
[1:14:40]
So from my clarification, every time we change our
[1:14:45]
food, which happens often because food costs go up, we'd have to
[1:14:49]
come to council?
[1:14:53]
Councilor Johnston.
[1:14:55]
Well, in your memorandum of agreement, right, it says in
[1:15:00]
turn, section 3B, it says, "The club shall have the
[1:15:03]
right to make reasonable changes for the charges for
[1:15:07]
the use of the facility it has developed and further develops and maintains
[1:15:11]
in the area. The process for
[1:15:15]
establishing charge amounts and when they
[1:15:19]
will be applied." So to me that means
[1:15:22]
like if somebody wants to come and have a birthday party up at the rec
[1:15:26]
or at the vets, and
[1:15:30]
you decide, "Okay, you can have a birthday party.
[1:15:32]
We're going to charge you $100." Well, that would
[1:15:35]
be a discussion between you guys
[1:15:39]
and the city manager with the city council's approval.
[1:15:42]
I'm not looking at
[1:15:44]
how much you charge in alcohol or how much you charge for food. That's up to you.
[1:15:49]
But when you're talking about adding other charges
[1:15:53]
on top of stuff,
[1:15:57]
like
[1:16:00]
renting. Renting the building, renting the ground, or anything like that.
[1:16:04]
It's still city property, so it should go to the city manager to run the city
[1:16:08]
council's approval. Just like any other fees at the rec department,
[1:16:12]
or trash, anything else that goes through the city and we have fees,
[1:16:17]
it's negotiated with the city manager, and it comes to the city council every year
[1:16:20]
for approval. And I don't see why the Franklin Outing Club
[1:16:24]
and the memorandum of agreement should be any different.
[1:16:29]
City manager.
[1:16:31]
So I would suggest
[1:16:33]
two amendments then. The first one being with the city council approval
[1:16:36]
for that, and those, in my opinion, should be fees.
[1:16:41]
If the club is going to allow things like that to happen,
[1:16:44]
that schedule should be set in advance,
[1:16:47]
and it should be a predetermined amount.
[1:16:49]
It shouldn't vary for each event that happens.
[1:16:52]
And then an additional amendment to D that says, "The
[1:16:56]
club shall have the right to operate concessions for the sale of food and
[1:17:00]
alcohol, including individual prices of these items
[1:17:04]
on premises." And that way, that clarifies for
[1:17:08]
future councils that you guys have the right to set your prices for individual
[1:17:12]
concessions.
[1:17:14]
But for rental of the property or large things, lift tickets, any major
[1:17:18]
changes to fees collected in the area for use of the
[1:17:21]
facilities,
[1:17:23]
would have to come before the council before you could change or set them.
[1:17:28]
So events. Does that-
[1:17:30]
And I just--
[1:17:34]
Are, can we speak as board members?
[1:17:37]
So just, any?
[1:17:39]
I mean,
[1:17:41]
your
[1:17:43]
president's up here right now. Your president-
[1:17:45]
Excuse me.
[1:17:46]
Excuse me, sir.
[1:17:47]
The president is up here right now.
[1:17:48]
If he wants you to come up and speak, he can, sir. That's all I'm saying.
[1:17:53]
So don't get mad at me for
[1:17:55]
answering your question.
[1:17:58]
City manager.
[1:18:00]
I actually was just going to echo that, that if
[1:18:03]
President Morrill would like them to come up and add,
[1:18:07]
phone a friend is allowed.
[1:18:09]
All right. I'm Tom Hombart. I'm the secretary-
[1:18:12]
Sir. Yeah. Can I have you wait till the microphone so the folks online can hear?
[1:18:17]
Okay. I'm Tom Hombart-
[1:18:18]
Put your own. Thank you.
[1:18:20]
All right. I'm Tom Hombart. I'm the secretary for the board.
[1:18:24]
I just want to make it clear that you review those budget
[1:18:28]
items because that's part of the budget of the city.
[1:18:31]
We're a nonprofit, and we have to work our own
[1:18:35]
bottom line that works for us. I mean, we change prices for
[1:18:40]
ski lessons, snowboard lessons,
[1:18:43]
tickets. I mean, to come back to the city, we're talking about trying
[1:18:47]
to have a long-term agreement. I think you're setting yourselves up for
[1:18:51]
more work than you want to do, and it's basically going to mean we can't
[1:18:55]
really function effectively if we have to come back every time
[1:18:59]
something's different.
[1:19:01]
I don't think you're going to want the Opera House coming in every time they change
[1:19:04]
an amount for a show. So I just
[1:19:09]
want it to be something that we can actually work with because if we have to come
[1:19:13]
back all the time, it's more than we can do. Honestly.
[1:19:17]
That's all I wanted to say.
[1:19:23]
Councilor Boyce.
[1:19:25]
Thank you.
[1:19:27]
I've got a couple of questions regarding
[1:19:30]
having the outing club come back to the city manager and then
[1:19:34]
being proposed in front of the city council.
[1:19:36]
What happens if a resident is two weeks
[1:19:41]
schedules...
[1:19:42]
Sorry, is that better?
[1:19:44]
What happens if we got a resident that wants to rent property in two
[1:19:48]
weeks and
[1:19:50]
our council meeting has already gone by?
[1:19:53]
We've got to figure something out that works for both.
[1:19:59]
Councilor Johnston.
[1:20:02]
So, they should have set fees for a
[1:20:05]
specific thing. Like if somebody wants to rent the hall for a couple of
[1:20:09]
hours, they should have a set fee.
[1:20:11]
Mm-hmm.
[1:20:11]
And those fees should be good for at least a year.
[1:20:14]
That way, people aren't guessing, "Well, how much am I going to have to pay this
[1:20:17]
month?" Or, "How much am I going to have to pay this week?"
[1:20:23]
Councilor Boyce.
[1:20:24]
Thank you, Councilor Johnston.
[1:20:27]
Is that the plan, to have a set fee
[1:20:29]
when you rent the property?
[1:20:35]
We have not been renting the property.
[1:20:37]
I believe in the agreement we cannot
[1:20:40]
sublet.
[1:20:44]
So how we operate is we do events, and we operate the
[1:20:48]
ski area, and we do fundraisers. And that's how we keep
[1:20:52]
funding the ski area.
[1:20:56]
Councilor Boyce.
[1:20:57]
So this is kind of you if he's not renting the property.
[1:21:07]
City manager.
[1:21:08]
So,
[1:21:13]
section 3B
[1:21:16]
was put in there for largely things like lift tickets.
[1:21:20]
If that charge were to be changed or added,
[1:21:24]
and major things that they are doing now, I didn't
[1:21:28]
foresee other additional stuff. If there is additional
[1:21:32]
things that come up, we can bring that in front of the council.
[1:21:36]
I was not aware that things like ski lessons changed.
[1:21:40]
guess I was under the assumption, bad word, assume, that you set
[1:21:44]
those charges at the beginning of the year, and they lasted at least for the year.
[1:21:49]
And again, as Councilor Johnston put out, I don't think there's any
[1:21:53]
desire by this council to
[1:21:56]
figure out how much you charge for a hot dog,
[1:21:59]
because that could be market-driven week to week, especially in the economy
[1:22:03]
we've got right now.
[1:22:06]
So it was for big things, and when things changed from,
[1:22:11]
let's say that in order to cover the cost of the insurance,
[1:22:16]
they would have to charge for skiing on Saturdays and Sundays.
[1:22:20]
If that's what they need to do, that would have to be brought to the council.
[1:22:24]
That was my impression and my intention.
[1:22:26]
Okay.
[1:22:28]
It was not worded with specific in there having to come to the council.
[1:22:34]
Councilor Boyce.
[1:22:35]
Oh.
[1:22:38]
I'm sorry, Councilor Johnston.
[1:22:40]
And that's all I'm talking about. This whole paragraph
[1:22:44]
is talking about
[1:22:46]
future charges that you guys may come up with.
[1:22:49]
That's what this whole paragraph is talking about.
[1:22:51]
It's not talking about what you're charging right now for food or for lift tickets
[1:22:54]
and things like that. I understand you got to charge for stuff.
[1:22:58]
But the process for establishing
[1:23:02]
charge amounts and when they will be applied
[1:23:06]
shall include the city manager with the city council's approval.
[1:23:09]
I don't think you're going to be coming to the city manager every month asking them
[1:23:12]
to change your fees or approve a change of your fees.
[1:23:17]
If you do, then something's not right.
[1:23:21]
But I'll leave it at
[1:23:25]
that and
[1:23:26]
Councilor Boyce can continue.
[1:23:29]
So are we kind of talking about the lift
[1:23:32]
tickets? That's what we're talking about, not the programming or any of
[1:23:36]
that stuff?
[1:23:42]
Councilor Boyce.
[1:23:44]
Tim, do you have a set fee that you
[1:23:48]
charge for all this, or does it change per group or anything like that?
[1:23:52]
I guess if you could just explain that, maybe it'll
[1:23:56]
make this all go away, I guess.
[1:23:58]
Yes, some things change, but when we come
[1:24:01]
across a kid that can't afford to do a ski lesson or something like that,
[1:24:06]
we change prices for that, or a group, or something like that.
[1:24:10]
So
[1:24:11]
it's just frustrating a little bit that I feel you guys don't trust the city
[1:24:15]
manager or... Just let me finish, please.
[1:24:20]
We've been operating this place a long time, and have done a great job.
[1:24:23]
When I got involved, the place had $6,000 in the bank.
[1:24:27]
We have a lot more in the bank now because we're doing a great job
[1:24:31]
fundraising and doing these charges.
[1:24:33]
And a lot of the city councilors have not been up, so
[1:24:37]
how
[1:24:38]
can you vote on it?
[1:24:40]
I'm sorry, I'm just getting frustrated a little bit.
[1:24:44]
This should...
[1:24:49]
Councilor Boyce.
[1:24:50]
Thank you.
[1:24:52]
Tim, I've been an advocate. All I'm asking is if this
[1:24:56]
is simplified. You gave us the explanation.
[1:24:59]
That satisfies what I'm saying. I understand what you're saying.
[1:25:01]
You get somebody that can't afford it. I appreciate that. Thank you.
[1:25:07]
City manager.
[1:25:09]
So again, this would be mostly applied to anything
[1:25:12]
new that you would want to change. That's how I saw it written.
[1:25:16]
That was
[1:25:17]
what the intent behind it was. And I think that getting the city
[1:25:20]
council's approval is not necessarily a
[1:25:25]
reach too far
[1:25:27]
if you want to make a major rate change.
[1:25:38]
Councilor Hallard-Crook.
[1:25:42]
Maybe I'm reading this wrong.
[1:25:47]
"The club shall have the right to make reasonable
[1:25:51]
charges for the use of the facilities it has
[1:25:54]
developed and further develops and maintains in the
[1:25:58]
area." If I just read that first sentence,
[1:26:04]
it's reasonable charges for the use of the facility.
[1:26:07]
Now, I believe
[1:26:10]
you just had said that you're not necessarily
[1:26:14]
renting, right? So how are we
[1:26:17]
defining use of the facilities? Because
[1:26:21]
to me, use of the facilities would indicate that there is a
[1:26:26]
rental for a birthday party, not lift tickets.
[1:26:31]
City manager.
[1:26:32]
So in this case, use of the facilities basically includes use of the mountain.
[1:26:36]
The mountain itself, the ski area, the lift, all of that are the
[1:26:40]
facilities that we're talking about, not just the lodge.
[1:26:43]
In fact, I would argue the lodge is probably one of the smallest parts of that,
[1:26:48]
and probably the least impacted by the ability to move these
[1:26:51]
rates.
[1:26:57]
Councilor Forge.
[1:27:01]
Thanks, Mayor.
[1:27:04]
Tim, I'm looking at, you were talking about the annual operating plan
[1:27:08]
being submitted on the first day of June. We agreed to that.
[1:27:13]
Sounds like that was agreed to.
[1:27:16]
Your
[1:27:18]
fiscal year,
[1:27:20]
around when you're talking about your budget and whatnot,
[1:27:24]
does that first of June revolve around-- Does your
[1:27:28]
fiscal year end in June, start in July? Is that how you guys function?
[1:27:33]
Yes.
[1:27:35]
Would it be reasonable for you guys to name your fees at
[1:27:39]
the time of the beginning of the tail end of
[1:27:43]
your
[1:27:44]
fiscal year to be going into the next year as part of your
[1:27:48]
operating plan?
[1:27:50]
I think it would be better to do it before the fall, because you never know where
[1:27:53]
fuel and different things like that are.
[1:27:59]
Thank you.
[1:28:01]
Councilor Boyce.
[1:28:04]
We are just getting into the weeds here.
[1:28:07]
This is-- We're making more of a ruckus than we need to
[1:28:11]
here.
[1:28:12]
The outing club is not looking to charge exuberant fees
[1:28:16]
for lift tickets. It sounds like if he's going to make
[1:28:19]
changes, it's like cost of living. It's like repairs and stuff like that.
[1:28:23]
But he's not going to, "Oh, we got to fix this.
[1:28:25]
Let's charge an outrageous amount." We are just
[1:28:28]
so far in the weeds here. This needs to be taken care of now.
[1:28:37]
Councilor Priebe.
[1:28:38]
Thank you, Mr. Mayor.
[1:28:40]
Tim, thank you for coming up.
[1:28:42]
We're forgetting to say those two magical words, thank you, with reverence.
[1:28:47]
The only thing I can see, and this is in
[1:28:50]
where you might-- My personal opinion.
[1:28:52]
I'm not going to talk for the rest of the council, just my thoughts,
[1:28:56]
is where you may need the city council's approval is if you apply for
[1:29:00]
a grant and you have to use the city to administer the
[1:29:04]
grant like the water park people have done.
[1:29:07]
It's been administered by the city and accounting by the city.
[1:29:10]
That would have to come in front of the council. Okay.
[1:29:13]
That's just the way it is.
[1:29:15]
So
[1:29:17]
you,
[1:29:19]
come fall, you have no idea how much snow
[1:29:23]
we're going to get. You don't know how cold it's going to get.
[1:29:27]
You don't know how your equipment's going to be.
[1:29:31]
The one thing that I guess that,
[1:29:33]
where you say to it, "The club shall have its right to keep all funds
[1:29:37]
determined from here on for its own use,"
[1:29:41]
can you give me a little definition of your own use with that?
[1:29:44]
Just give me a small one. I don't want to get into the weeds like Councilor Boyce
[1:29:47]
said.
[1:29:50]
Pretty much all our use, all our funds goes back into the
[1:29:55]
operation of the ski area, buying new equipment, upgrades,
[1:29:59]
things like that.
[1:30:03]
Thank you.
[1:30:09]
Councilor Warner.
[1:30:14]
I see the point here.
[1:30:17]
I think one thing we kind of need to remain focused on
[1:30:21]
is not just the outing club issues, but try
[1:30:24]
and keep in mind
[1:30:27]
the overall process of doing MOUs
[1:30:31]
as a committee
[1:30:33]
defined over a period of several months last year.
[1:30:37]
And that's the only reason, I think, annual financial reporting
[1:30:41]
per the RSA.
[1:30:42]
That is just something that I'm not picking on the outing
[1:30:46]
club. I think every MOU needs to conform to that because when
[1:30:50]
the RSA says every charitable organization shall,
[1:30:55]
it's not an option.
[1:30:58]
It's not engineering guidance.
[1:31:02]
City manager.
[1:31:04]
So in response to that, I can tell you the reason we've only seen this one, because
[1:31:07]
I think there are currently 15 in the hopper.
[1:31:10]
We're waiting on this one to be the template to push them forward.
[1:31:14]
So that type of guidance is exactly what I'm looking for and will be applied to all
[1:31:17]
of them going forward.
[1:31:21]
Councilor Warner.
[1:31:23]
And I fully understand that, City Manager, and
[1:31:26]
appreciate the awkward position you're in as you do
[1:31:30]
the first one, and sit here in your fishbowl with
[1:31:34]
everybody looking in. And
[1:31:36]
I'm just trying to hold the line on what we call an MOU
[1:31:42]
Councilor Carrion
[1:31:45]
Thank you. I
[1:31:47]
think Councilor Warner pointed out an important
[1:31:51]
point there.
[1:31:53]
When referring to RSA 72, we're referring to
[1:31:57]
state law, which supersedes anything we do here in a council, and
[1:32:01]
certainly supersedes anything we might say
[1:32:04]
in an MOU. And therefore, it seems to me to be completely
[1:32:08]
unnecessary to restate in our MOU,
[1:32:12]
especially to hold up the process that's been going on for months here.
[1:32:16]
The MOU needs to state
[1:32:20]
the agreement between the organization and the city,
[1:32:24]
and
[1:32:28]
by state law, they have to follow the state RSAs, including
[1:32:32]
RSA 72. So I don't see
[1:32:35]
it as necessary to be in here,
[1:32:37]
and I'd like to call the vote to
[1:32:41]
approve the MOU as presented.
[1:32:55]
Do I have a second on-
[1:32:56]
Yeah, I'll second that.
[1:32:58]
All right.
[1:33:00]
Question has been called, been seconded.
[1:33:03]
Now I will take a roll call vote.
[1:33:07]
Councilor Prieb?
[1:33:09]
Yes.
[1:33:11]
Councilor Forge?
[1:33:12]
Yes.
[1:33:14]
Councilor Warner?
[1:33:15]
Yes.
[1:33:17]
Councilor Hallock-Cook?
[1:33:19]
Yes.
[1:33:21]
Councilor Carrion?
[1:33:22]
Yes.
[1:33:24]
Councilor Boyce?
[1:33:25]
Yes.
[1:33:27]
Councilor Johnston?
[1:33:29]
Yes.
[1:33:31]
Councilor Jacobson?
[1:33:33]
Yes.
[1:33:36]
The motion passes with eight votes.
[1:33:43]
That was calling the question. Now we have to vote on the actual motion.
[1:33:55]
Now we're calling on the
[1:33:58]
vote on the original motion.
[1:34:02]
Councilor Forge?
[1:34:05]
Yes.
[1:34:07]
Councilor Warner?
[1:34:12]
Yes.
[1:34:14]
Councilor Hallock-Cook?
[1:34:15]
Yes.
[1:34:16]
Councilor Carrion?
[1:34:18]
Yes.
[1:34:20]
Councilor Boyce?
[1:34:21]
Yes.
[1:34:23]
Councilor Johnston?
[1:34:34]
Councilor Johnston?
[1:34:40]
Abstain. Abstain.
[1:34:47]
Councilor Jacobson?
[1:34:50]
Yes.
[1:34:53]
Councilor Prieb?
[1:34:55]
Yes.
[1:34:59]
We have seven yeses and one abstained.
[1:35:02]
The motion passes.
[1:35:15]
Now, we will move on to agenda item number three.
[1:35:20]
Council to consider appropriation for fire equipment sale
[1:35:24]
funds. Resolution
[1:35:26]
number 05-27.
[1:35:43]
Councilor Hallock-Cook?
[1:35:47]
I move that the Franklin City Council set a public hearing date
[1:35:52]
for
[1:35:53]
6:00 PM at the September 28th,
[1:35:56]
2026, meeting of the city council to
[1:35:59]
adopt resolution number
[1:36:02]
05-27. Adoption of the
[1:36:05]
resolution
[1:36:07]
05-27 would allow for the appropriation
[1:36:11]
of $10,582 received
[1:36:15]
from the sale of surplus fire, rescue, and
[1:36:18]
EMS-related equipment towards the purchase of
[1:36:22]
a replacement fire engine.
[1:36:25]
Second.
[1:36:27]
A motion has been made and seconded.
[1:36:31]
Is there any discussion?
[1:36:36]
City manager.
[1:36:37]
So if there's any question, this is simply housekeeping.
[1:36:40]
This council approved the fire chief to be able to sell this equipment.
[1:36:44]
He has sold it. It's now in the general fund.
[1:36:46]
We need to move it into the capital fund that allows it to be
[1:36:49]
spent on fire equipment. That's all this resolution is asking to do.
[1:36:59]
Any discussion? Councilor Boyce?
[1:37:02]
Has everything been sold as far as the surplus, or is there still items
[1:37:06]
left?
[1:37:08]
I know we-
[1:37:08]
I know the majority was sold. I don't know if the fire chief wants to answer that
[1:37:12]
question.
[1:37:14]
I know he's bored over there. He's just itching to get up. How are you?
[1:37:17]
Chief Forrest, could you come forward, please?
[1:37:40]
Good evening. To answer your question, the majority of the items were actually
[1:37:44]
sold, but there were some city departments that wanted to reutilize those in their
[1:37:47]
departments. Specifically MSD with some hoses, shovels, things like that.
[1:37:52]
But the majority was sold, different methods.
[1:37:56]
Thank you
[1:37:58]
Any other questions for the chief before he sits back down?
[1:38:03]
Councilor Boyce?
[1:38:04]
Kind of off the
[1:38:06]
subject, but
[1:38:08]
I thought we had a
[1:38:11]
burn going on at the old campground.
[1:38:14]
That's been postponed from what I understand, right?
[1:38:18]
Yeah, correct. The burn was scheduled, but when we did the final labor
[1:38:22]
quote with new pay rates and everything, when we gave them
[1:38:26]
that figure that the owners of that property would have to pay, they
[1:38:30]
declined us to have it burned, and they were able to get it.
[1:38:33]
Or they're planning on demoing the building on their own.
[1:38:37]
Thank you.
[1:38:43]
Is there any more discussion on this motion?
[1:38:48]
If not, I will take a roll call vote.
[1:38:52]
Councilor Johnston?
[1:38:54]
Yes.
[1:38:55]
Councilor Jacobson?
[1:38:59]
Yes.
[1:39:00]
Councilor Prevey?
[1:39:03]
Yes.
[1:39:04]
Councilor Forge?
[1:39:06]
Yes.
[1:39:07]
Councilor Warner?
[1:39:09]
Yes.
[1:39:11]
Councilor Hallett Cook?
[1:39:13]
Yes.
[1:39:14]
Councilor Carrier?
[1:39:16]
Yes.
[1:39:19]
Councilor Boyce?
[1:39:20]
Yes.
[1:39:22]
The motion passes with eight votes.
[1:39:31]
Yes, you're right.
[1:39:33]
Is there anyone in the council that would like to read the resolution?
[1:39:44]
Council Forge.
[1:39:46]
Thanks, Mayor. Resolution 05-27,
[1:39:50]
a resolution granting authority to transfer
[1:39:53]
$10,582
[1:39:56]
received from the sale of surplus fire and EMS equipment
[1:40:00]
in the year of our Lord, 2026.
[1:40:04]
Whereas
[1:40:05]
the City Council of the City of Franklin, New Hampshire, adopted a
[1:40:09]
budget for fiscal year 2027, beginning July 1st,
[1:40:13]
2026, and whereas the
[1:40:17]
City Council authorized the Fire Department administration to
[1:40:21]
sell and/or scrap surplus fire,
[1:40:25]
rescue, and EMS-related equipment at the January 5th,
[1:40:29]
2026 Franklin City Council meeting.
[1:40:32]
And whereas it was the intent of the revenue
[1:40:35]
generated to go towards the purchase of a new replacement fire
[1:40:39]
engine,
[1:40:41]
and whereas the Fire Department administration
[1:40:44]
sold the pre-approved surplus items for a total value of
[1:40:48]
$10,582. Now,
[1:40:51]
therefore,
[1:40:53]
be it resolved that at a regularly scheduled meeting
[1:40:57]
of the City Council on Monday, September 28th,
[1:41:00]
2026, the City Council of Franklin, New Hampshire,
[1:41:04]
does hereby vote to adopt resolution
[1:41:07]
05-27 to transfer proceeds
[1:41:11]
in the amount of $10,582
[1:41:14]
from the sale of surplus fire and EMS equipment.
[1:41:18]
A decrease in account
[1:41:21]
01-0-000-40970,
[1:41:27]
transfer to capital reserve fund, fire equipment,
[1:41:30]
$10,582.
[1:41:34]
An increase in account
[1:41:37]
70-0-000-39110,
[1:41:44]
transfer from gen fund,
[1:41:46]
$10,582.
[1:42:03]
All right. We will now move on to agenda item number four.
[1:42:06]
Point of information.
[1:42:10]
Councilor Jacobson.
[1:42:12]
Thank you, Mr. Mayor.
[1:42:14]
Sorry, Councilor Forge, I think there's a by roll call vote on the second page
[1:42:17]
there. Just want to make sure the entire resolution is read so there's not a
[1:42:21]
technical issue later on.
[1:42:22]
By roll call vote.
[1:42:23]
Thank you.
[1:42:37]
We will now move on to agenda item number four.
[1:42:42]
Working to obtain approval of a proposed local
[1:42:46]
emergency operation plan
[1:42:49]
and contingency of operations plan at the August
[1:42:53]
31st, 2026, Franklin City Council meeting.
[1:42:57]
Council approval
[1:42:59]
is required for the City of Franklin to formally adopt and implement
[1:43:03]
these plans, which will help ensure the city's
[1:43:07]
preparationist
[1:43:09]
contingency of essential operations and the
[1:43:12]
safety and wellbeing of the community.
[1:43:19]
Councilor Hallett Cook.
[1:43:22]
Try and stay awake. I'm doing my reading tonight.
[1:43:25]
I move that the Franklin City Council formally adopt the
[1:43:29]
proposed local emergency operations and continuity of
[1:43:33]
operation plans as prepared by Hubbard Consulting
[1:43:36]
LLC.
[1:43:38]
Second.
[1:43:41]
The motion has been made and seconded. Do we have any discussion?
[1:43:49]
If not-
[1:43:50]
I have a question.
[1:43:52]
Councilor Jacobson.
[1:43:54]
Thank you, Mr. Mayor. My only question is,
[1:43:57]
this plan was made public in May 7th, I think.
[1:44:01]
I'm just curious, what if any,
[1:44:05]
information was put
[1:44:07]
Integrated from that discussion to the plan?
[1:44:11]
Did you get good feedback, essentially?
[1:44:16]
City manager.
[1:44:18]
So I'm getting the signal from the fire chief in the back that there was no input.
[1:44:23]
Thank you.
[1:44:27]
Any other discussion on this motion?
[1:44:33]
If not, by roll call vote.
[1:44:36]
Council Jacobson.
[1:44:39]
Yes.
[1:44:42]
Councilor Previ.
[1:44:44]
Yes.
[1:44:45]
Councilor Forge.
[1:44:47]
Yes.
[1:44:50]
Councilor Warner.
[1:44:51]
Yes.
[1:44:53]
Councilor Hallock-Cook.
[1:44:55]
Yes.
[1:44:56]
Councilor Carrier.
[1:44:58]
Yes.
[1:45:00]
Councilor Boyce.
[1:45:01]
Yes.
[1:45:04]
Councilor Johnston.
[1:45:06]
Yes.
[1:45:09]
The motion passes with eight votes.
[1:45:18]
We will now move on to agenda item
[1:45:22]
number five, council to consider
[1:45:27]
FEMA and mandated floodplain
[1:45:31]
amendment, Chapter 170.
[1:45:39]
Councilor Johnston.
[1:45:44]
I make a motion to approve the recommended amendments to Chapter
[1:45:48]
170, Floodplain Management of the Franklin City Ordinances.
[1:45:52]
Second.
[1:45:55]
A motion has been made and seconded.
[1:45:58]
Is there any discussion on this motion?
[1:46:01]
I have a question.
[1:46:03]
Councilor Jacobson.
[1:46:07]
Thank you, Mr. Mayor. My only question here is, the
[1:46:12]
red line strikeout that's included here, is a date in the future,
[1:46:16]
November 13th, 2026. City manager, can you describe
[1:46:20]
what's planned for that date or
[1:46:24]
why we're looking forward to that date?
[1:46:29]
City manager.
[1:46:30]
I have no explanation for why that date was provided by FEMA.
[1:46:34]
I only know it was provided by FEMA, and they told us that it had to be there.
[1:46:39]
Thank you.
[1:46:41]
Councilor Johnston.
[1:46:43]
Thank you, Mr. Mayor. The only thing I want to do is I wanted to
[1:46:47]
let the public know that what they are talking about, Chapter
[1:46:50]
170-1, scope and statutory authority, Section C.
[1:46:56]
There is a date that was already on there for January 23rd,
[1:46:59]
2026, and that has been changed to November 13th,
[1:47:03]
2046. There was also
[1:47:06]
dates on there for the flood insurance rate maps,
[1:47:10]
dated April 19th, 2010, and January 23rd,
[1:47:14]
2026.
[1:47:16]
Those were changed to the maps dated January
[1:47:20]
23rd, 2026, and November 13th, 2026.
[1:47:24]
So I'm assuming, to clarify for Councilor
[1:47:28]
Jacobson, that the November 13th is going to be a
[1:47:32]
new floodplain map possibly.
[1:47:36]
City manager.
[1:47:37]
So I apologize for my sarcasm.
[1:47:40]
The expectation is that they will publish those on that date.
[1:47:44]
Again, this is one of those things that FEMA gave us and
[1:47:48]
didn't give us a whole lot of options.
[1:47:49]
They said, "Do this
[1:47:52]
or you won't have federal flood insurance." So...
[1:48:00]
Any other discussion on this motion?
[1:48:05]
If not, by a roll call vote.
[1:48:10]
Councilor Warner.
[1:48:12]
Yes.
[1:48:13]
Councilor Hallock-Cook.
[1:48:15]
Yes.
[1:48:17]
Councilor Carrier.
[1:48:19]
Yes.
[1:48:21]
Councilor Boyce.
[1:48:22]
Yes.
[1:48:24]
Councilor Johnston.
[1:48:26]
Yes.
[1:48:27]
Councilor Jacobson.
[1:48:29]
Yes.
[1:48:31]
Councilor Previ.
[1:48:33]
Yes.
[1:48:34]
Councilor Forge.
[1:48:35]
Yes.
[1:48:36]
The motion passes with eight
[1:48:39]
votes
[1:48:41]
in favor.
[1:48:51]
Now, we will move on to agenda item number six.
[1:48:57]
Council to consider moving the Park and Rec fee schedule out of the
[1:49:01]
city code.
[1:49:07]
Do I have a motion?
[1:49:10]
I have a motion.
[1:49:12]
I'm sorry. I'm sorry.
[1:49:15]
Councilor Hallock-Cook.
[1:49:20]
I move the
[1:49:21]
Franklin
[1:49:25]
City Council of the city of Franklin remove Chapter
[1:49:28]
309, section 15C of the city
[1:49:32]
code and replace it with,
[1:49:35]
"Fees for use will be published annually as part of the budgeting
[1:49:39]
process," and that the fee schedule for the Parks and
[1:49:43]
Recreation Department
[1:49:45]
and Parks and Recreation Department services published as
[1:49:49]
Chapter 160-1 be
[1:49:52]
removed and replaced with, "See the schedule of fees
[1:49:57]
published by the Parks and Recreation Department annually."
[1:50:03]
Second.
[1:50:05]
We have a motion and a second. Do we have any discussion?
[1:50:10]
Councilor Warner
[1:50:12]
Yeah, I was sort of curious as to when this discussion
[1:50:16]
that
[1:50:17]
is mentioned in the history took place.
[1:50:20]
I am a member of the legislative committee.
[1:50:23]
I have not missed any meetings this year.
[1:50:26]
I could not find this in any of our minutes.
[1:50:28]
I was wondering
[1:50:30]
if perhaps this was a discussion outside of the committee.
[1:50:36]
I have a comment.
[1:50:40]
I'm in agreement with Councilor Warner.
[1:50:43]
I'm on the legislative committee also, and I don't remember having a
[1:50:46]
talk with Director Carmichael about these changing
[1:50:49]
fees and moving them outside the charter.
[1:50:54]
I have a comment.
[1:50:55]
Councilor Jacobson.
[1:50:58]
Thank you, Mr. Mayor. My apologies to the council.
[1:51:00]
There's an error in this council agenda report.
[1:51:04]
This was brought before the Parks and Recreation Committee,
[1:51:08]
which is
[1:51:09]
the folks that discussed this. And so we discussed this
[1:51:12]
at least
[1:51:16]
during the July 1st Parks and Recreation Committee
[1:51:20]
meeting, as well as the
[1:51:23]
August 19th Parks and Recreation Committee
[1:51:27]
workshop. And so, that's a
[1:51:33]
mistake on my side,
[1:51:34]
Councilor Warner and Councilor Johnson.
[1:51:36]
We've had a lot come through the legislative committee, but not this.
[1:51:39]
And I'm happy to talk a little bit more about the thinking behind this,
[1:51:43]
but I'll leave it there for now.
[1:51:47]
Councilor Hallett Cook.
[1:51:50]
Just as a follow-up, yes, this was part of our conversation in our
[1:51:54]
Parks and Rec committee meetings, because
[1:51:58]
fees are tied to our budget,
[1:52:02]
and
[1:52:05]
if you had them in the charter,
[1:52:08]
it was a little bit harder to update them than doing it
[1:52:12]
this way.
[1:52:14]
City manager.
[1:52:15]
So, yes, just to echo that, in the past, the city budget's been
[1:52:19]
passed, and then all the fees would had to be gone in and the council,
[1:52:23]
or not, has gone in and updated Chapter 160 for the
[1:52:27]
fees. The intent here is to move all the city fees to Appendix One as part of
[1:52:31]
the budget that the council will approve as the budget and go
[1:52:35]
in and figure out these are the first two sections that we know need to be
[1:52:39]
changed to, say, refer to the fiscal year budget.
[1:52:41]
I'm sure there will be others that will come up as we go along.
[1:52:45]
But the intent is to give the citizens of Franklin one spot, which is the
[1:52:48]
current fiscal year budget, Appendix One, where all of the city fees will be
[1:52:52]
located.
[1:52:54]
If you've looked at Chapter 160 for past years, there are some of the fees there
[1:52:57]
that haven't been updated for 14 years, even though there are budgets that were
[1:53:01]
passed
[1:53:02]
that did update those fees because either, for whatever
[1:53:06]
reason, it never came before the council to change 160.
[1:53:09]
The intent is to alleviate that by making it all one document that gets
[1:53:13]
approved and passed during the budget process.
[1:53:22]
Any other discussion on this motion?
[1:53:25]
Council Carrier.
[1:53:27]
Thank you. So, City Manager, does that mean that
[1:53:31]
we're going to go through and do all of these different sections one at a time, or
[1:53:34]
is there a simpler process for
[1:53:38]
just taking all of this out and putting it into an appendix?
[1:53:41]
City manager.
[1:53:42]
So the appendix was actually given as part of the budget, and it was approved as
[1:53:46]
part of the budget.
[1:53:48]
And I think that you'll find a large portion of this by
[1:53:52]
amending Section 160 and 309
[1:53:56]
here will take care of it. There's probably going to be some cats and dogs,
[1:54:00]
as there are a lot of those in our city code that I'm finding that we'll come
[1:54:03]
across, but I think this will be the one that is going to--
[1:54:07]
This will be the major heavy lift for it.
[1:54:09]
Parks and Rec just beat me to the punch on this one.
[1:54:14]
Thank you.
[1:54:19]
Any other discussion on this motion?
[1:54:22]
If not, I will take a roll call vote.
[1:54:27]
Councilor Hallett Cook.
[1:54:28]
Yes.
[1:54:30]
Councilor Carrier.
[1:54:32]
Yes.
[1:54:34]
Councilor Boyce.
[1:54:38]
Yes.
[1:54:41]
Councilor Johnston.
[1:54:47]
Yes.
[1:54:49]
Councilor Jacobson.
[1:54:52]
Yes.
[1:54:57]
Councilor Prevy.
[1:54:58]
Yes.
[1:55:00]
Councilor Forgey.
[1:55:02]
Yes.
[1:55:04]
Councilor Warner.
[1:55:05]
Yes.
[1:55:07]
The motion passes with a vote.
[1:55:23]
We will now move on to agenda item number seven,
[1:55:27]
council to consider electronic
[1:55:30]
use policy.
[1:55:35]
I have a motion.
[1:55:38]
Councilor Jacobson.
[1:55:40]
Thank you, Mr. Mayor. I move the Franklin City Council adopt the attached
[1:55:44]
electronic device use
[1:55:47]
at council and subcommittee meetings policy.
[1:55:53]
Second.
[1:55:55]
A motion has been made and seconded.
[1:55:58]
Do we have any discussion on this motion?
[1:56:02]
Council Carrier.
[1:56:05]
Thank you. I have
[1:56:07]
two comments, if I may.
[1:56:09]
Under section-
[1:56:10]
Point of order.
[1:56:12]
He's looking for a second for the motion.
[1:56:14]
All right. Second
[1:56:15]
I thought we already had a second.
[1:56:17]
Oh.
[1:56:17]
Then Councilor Forde
[1:56:20]
had seconded that, so we're in discussion now.
[1:56:27]
May I continue?
[1:56:29]
Councilor Cari, you now may continue. Sorry about that.
[1:56:32]
Thank you. So I have two questions here.
[1:56:34]
Under permitted use, one of them says, "Communicating with city
[1:56:38]
staff for the limited purpose of obtaining information needed to discuss or act on
[1:56:42]
the agenda item."
[1:56:46]
I guess I would like to see,
[1:56:49]
in addition to that, to say, "With prior knowledge of
[1:56:53]
the chairperson." I think
[1:56:57]
part of what we're missing here that we discussed the last time this came forward,
[1:57:01]
was to not have
[1:57:04]
discussion between members of the council or board,
[1:57:08]
whatever it is, and
[1:57:11]
members sitting on the other side of the table, whoever they may be,
[1:57:15]
without
[1:57:17]
the chair of the board or committee
[1:57:22]
specifically allowing that discussion.
[1:57:25]
So that's my first comment there. My second one is under
[1:57:30]
prohibited use,
[1:57:33]
and it's essentially
[1:57:36]
to not allow communications with
[1:57:40]
other people or members of the public outside of the meeting participants.
[1:57:50]
And I would just add that I believe through
[1:57:54]
the
[1:57:55]
last couple of years, and this discussion has been
[1:57:58]
ongoing in and outside of the council.
[1:58:03]
And the complaint that I'm
[1:58:07]
trying to make sure that we address is that we don't have members
[1:58:11]
of the council communicating
[1:58:14]
with, and receiving communications from, members of the public
[1:58:18]
during meetings to
[1:58:23]
cause effect on the meeting itself.
[1:58:30]
Councilor Warner.
[1:58:33]
Just a quick question. Is that not covered under RSA 91-A?
[1:58:43]
Councilor Cari.
[1:58:49]
I suppose people could start asking for our cell phones, but I'd rather
[1:58:53]
not
[1:58:55]
be going down that road. The purpose of this was to
[1:59:00]
build trust with the public and make sure that we're all
[1:59:04]
acknowledging the rules, before we sit down at the
[1:59:08]
table.
[1:59:11]
Councilor Previ.
[1:59:12]
Mayor Cavanagh.
[1:59:15]
Thank you, Mr. Mayor.
[1:59:18]
How would we enforce this? We're not policemen.
[1:59:22]
We
[1:59:24]
head down a really serious road to violating someone's First Amendment
[1:59:27]
right. That's my only concern. It's a policy that
[1:59:31]
we've talked about for a long time to put it in place,
[1:59:35]
but how are we going to enforce it? We're not any policemen up here.
[1:59:39]
We have no legal rights to do this.
[1:59:44]
I have a comment. Jacobson.
[1:59:47]
Thank you, Mr. Mayor.
[1:59:49]
I guess in response to Councilor Warner, your comment, I
[1:59:53]
could be wrong, but
[1:59:55]
RSA 91-A...
[1:59:57]
I'm not sure, actually, if RSA 91-A covers a discussion with a
[2:00:01]
member of the public,
[2:00:04]
rather than another
[2:00:06]
elected member of the body in your example.
[2:00:09]
It may or it may not. And I think that what this tries to do is say that...
[2:00:13]
Or I think what Councilor Cari is talking about is regardless those kinds of
[2:00:17]
private discussions with business before the council,
[2:00:20]
or council or committee are not appropriate.
[2:00:24]
And,
[2:00:27]
Councilor Previ,
[2:00:30]
you're picking up on something that we discussed in the legislative committee.
[2:00:33]
We had
[2:00:34]
maybe a half hour, 45 minute discussion about that exact issue.
[2:00:38]
The enforcement of this is difficult.
[2:00:40]
And I think that this is more of a commitment and a signal to the public
[2:00:44]
about our behavior.
[2:00:46]
Fundamentally, the enforcement mechanism is RSA
[2:00:50]
91-A.
[2:00:52]
We're not going to be turning in our cell phones or turning in our computers
[2:00:55]
unless, of course, they're part of a records request.
[2:01:01]
City manager.
[2:01:02]
So,
[2:01:04]
I would stress that from my understanding of 91-A,
[2:01:08]
hardware is not included in the ability to request it.
[2:01:11]
They can request specific information off of it, so no one should be
[2:01:15]
requesting your computer or your phone.
[2:01:18]
They could request all texts that you received on your phone from
[2:01:22]
this time to that time, or from a specific recipient.
[2:01:27]
But no one has the right, at least in my interpretation of 91-A.
[2:01:31]
Again, I've said many times, I'm not a lawyer.
[2:01:33]
No one has the right to actually take your phone and search it.
[2:01:36]
They can only ask you for specific information that is on it.
[2:01:40]
Having said that,
[2:01:43]
I will agree with
[2:01:46]
Councilor Previ. This is nearly impossible to
[2:01:50]
actually enforce, and I would disagree with
[2:01:54]
Councilor Jacobson in that it's not something the council can enforce.
[2:01:58]
This is something only the voters can enforce, and it's only going to be
[2:02:01]
enforceable every three years for city councilors.
[2:02:05]
I would say the voters have to watch our conduct, watch the conduct of the
[2:02:08]
council and mine.
[2:02:11]
If they feel our conduct is inappropriate, they can then vote
[2:02:15]
you out of office, or they can write you guys to have me removed and replaced.
[2:02:20]
But the truth is, this is nearly impossible to actually
[2:02:23]
police at this table,
[2:02:26]
as only the council can hold the council accountable
[2:02:29]
by the way the charter is written.
[2:02:33]
Councilor Johnston.
[2:02:35]
Thank you, Mr. Mayor.
[2:02:37]
So as Councilor Jacobson said, we talked about this for
[2:02:41]
well over an hour in the legislative committee,
[2:02:45]
half an hour now, so an hour and a half for something that we
[2:02:48]
can't enforce. This is a policy that
[2:02:53]
is not enforceable. It's a feel-good policy. That's all it is.
[2:02:58]
Just like when
[2:02:59]
people bring up conflicts of interest and ask people to recuse themselves, there is
[2:03:03]
no mechanism to follow. There is no enforcement.
[2:03:06]
There's no penalties or anything like that. You can do whatever you want to do.
[2:03:10]
This is just a feel-good policy, and as I said in the legislative committee,
[2:03:14]
I don't agree with it. I don't think we should be wasting our time on it.
[2:03:22]
Any other discussion on this motion?
[2:03:25]
If not, I will take a roll call vote.
[2:03:29]
Councilor Boyce.
[2:03:31]
No.
[2:03:35]
Councilor Johnston.
[2:03:37]
No.
[2:03:41]
Councilor Jacobson.
[2:03:46]
Yes.
[2:03:50]
Councilor Priebe.
[2:03:52]
No.
[2:03:54]
Councilor Forge.
[2:03:56]
Yes.
[2:03:59]
Councilor Warner.
[2:04:00]
No.
[2:04:02]
Councilor Hallock-Cook.
[2:04:09]
Yes.
[2:04:12]
Councilor Carrier.
[2:04:15]
Yes.
[2:04:20]
We have a tie.
[2:04:26]
I, as mayor, vote yes.
[2:04:30]
So it's
[2:04:31]
five to four.
[2:04:39]
We will now move on to agenda item number
[2:04:43]
eight.
[2:04:49]
Council,
[2:04:52]
to consider expanding
[2:04:54]
the definition of park
[2:04:57]
access in city code
[2:05:00]
chapter 309.
[2:05:04]
I have a motion.
[2:05:08]
Councilor Jacobson.
[2:05:10]
Thank you, Mr. Mayor. I move the Franklin City Council of the city Franklin remove
[2:05:15]
references to community center in chapter 309 of the city policy and replace
[2:05:19]
it with parks and recreation asset.
[2:05:22]
Second.
[2:05:25]
A motion has been made and seconded. Do we have any discussion?
[2:05:31]
I have a comment.
[2:05:35]
Councilor Jacobson.
[2:05:38]
Once again, I apologize to my fellow esteemed members of the
[2:05:41]
legislative committee for the
[2:05:43]
error here. This was discussed in the Parks and Recreation Committee and not the
[2:05:47]
Legislative Committee.
[2:05:50]
I don't have the dates in front of me, but I think it was the same ones, the July
[2:05:54]
and August meetings.
[2:05:59]
City manager.
[2:06:01]
So in answer to
[2:06:04]
Lee's question earlier, although I don't think he hung
[2:06:08]
around.
[2:06:10]
Sorry, I missed
[2:06:13]
him. All right.
[2:06:16]
If you read through the current code,
[2:06:19]
community center can sometimes refer to the Besty Ross,
[2:06:23]
sometimes it refers to Proulx.
[2:06:26]
This is to standardize and get it all through to make sure that we're talking about
[2:06:29]
parks and rec assets and not certain city buildings.
[2:06:33]
Again, it's a clarification for code, trying to clean stuff up and do some
[2:06:37]
housekeeping.
[2:06:41]
would ask the Parks and Rec committee, but these are no major muscle
[2:06:44]
movements. It's all housekeeping and making our code read cleaner.
[2:06:53]
Councilor Carrier.
[2:06:55]
Thank you. So should we then also change the title of chapter
[2:06:59]
309 to Parks and Rec Assets?
[2:07:08]
I have a comment.
[2:07:09]
Councilor Hallock-Cook.
[2:07:12]
I think that that would make sense for the chapter
[2:07:16]
to have the appropriate title.
[2:07:28]
I have a quick comment.
[2:07:30]
Councilor Jacobson.
[2:07:33]
Thank you, Mr. Mayor.
[2:07:36]
Councilor Carrier, is that a friendly amendment to change this for the motion?
[2:07:42]
Absolutely.
[2:07:44]
Thank you.
[2:07:48]
City manager.
[2:07:52]
So as a point of order, friendly amendments come to the chair.
[2:07:55]
Although, again, when we get to later in here, we'll talk about Robert's rules a
[2:07:59]
little bit.
[2:08:02]
If we're using a friendly amendment policy, the chair would then ask if there are
[2:08:05]
any objections to it.
[2:08:09]
Are there any objections to the friendly amendment to the motion that
[2:08:13]
was made?
[2:08:20]
I don't see any. Any more discussion on this motion?
[2:08:28]
Councilor Dunstan
[2:08:30]
In actuality, I don't see where we have to have a friendly amendment because
[2:08:35]
the motion reads, "I move Franklin City Council of City of Franklin remove
[2:08:39]
references to community center in Chapter 309 of the city
[2:08:43]
policy, and replace it with parks and recreation assets."
[2:08:47]
So I don't think it's a friendly amendment.
[2:08:50]
I think it
[2:08:51]
should've been done to begin with.
[2:08:58]
Any more discussion on this?
[2:09:02]
Councilor Carrier.
[2:09:04]
I would ask your advice on the best course of action.
[2:09:08]
Should we remove or rescind the friendly
[2:09:12]
amendment?
[2:09:14]
And it has a city manager.
[2:09:18]
City manager.
[2:09:19]
So I would say the amendment as put in clarifies.
[2:09:22]
It doesn't change the meaning, and
[2:09:26]
we would cause more headache trying to take it back out at this point.
[2:09:29]
We're fine. I would say we should just vote on the question. My two cents.
[2:09:36]
Any more discussion?
[2:09:39]
If not, I will take a roll call vote on the motion.
[2:09:44]
Councilor Johnston.
[2:09:48]
Yes.
[2:09:50]
Councilor Jacobson.
[2:09:53]
Yes.
[2:09:57]
Councilor Priebe.
[2:09:59]
Yes.
[2:10:01]
Councilor Forge.
[2:10:02]
Yes.
[2:10:04]
Councilor Warner.
[2:10:06]
Yes.
[2:10:07]
Councilor Hallett Cook.
[2:10:09]
Yes.
[2:10:12]
Councilor Carrier.
[2:10:14]
Yes.
[2:10:16]
Councilor Boyce.
[2:10:18]
Yes.
[2:10:21]
The motion passes with eight votes.
[2:10:28]
We will now move on to
[2:10:31]
agenda number nine.
[2:10:43]
Council, to consider public hearing,
[2:10:48]
Chapter 31.
[2:11:00]
Go ahead. I'm sorry, Councilor Warner.
[2:11:04]
I move to accept the revisions to Chapter 31 of the city code as
[2:11:07]
described in the attachment to this report.
[2:11:11]
Second.
[2:11:12]
A motion has been made and seconded. Do we have any discussion?
[2:11:17]
Councilor Warner.
[2:11:18]
Yeah, one reason that I voted to move this from the legislative committee to bring
[2:11:22]
it before the council is to discuss the, I believe it's of
[2:11:27]
great importance that we realize we are removing the requirement to
[2:11:31]
post
[2:11:32]
notice of public hearings at a local newspaper.
[2:11:37]
have tremendous reservations about this.
[2:11:39]
I, at this point, am willing to hear my fellow councilors
[2:11:44]
on this issue, but I think that we need to be very
[2:11:48]
circumspect in our consideration of removing the
[2:11:52]
requirement to post at a local newspaper.
[2:11:55]
I realize it's a $300
[2:11:58]
per hearing cost,
[2:12:01]
but,
[2:12:03]
I'm upset by that. I'm also upset by the fact that I don't believe we've
[2:12:07]
actually been following this requirement for some time.
[2:12:13]
Councilor Carrier.
[2:12:16]
Thank you.
[2:12:19]
I guess posting in newspapers nowadays is probably a lot less effective than it
[2:12:23]
was when this was originally written.
[2:12:27]
My
[2:12:28]
question in reading through the revisions is essentially,
[2:12:33]
how do we define posted, as in these
[2:12:37]
notices need to be posted. But, we have currently had
[2:12:42]
the assumption that posted means is posted in two public locations on a piece of
[2:12:46]
paper hanging on a bulletin board,
[2:12:49]
and on the city website. So if there
[2:12:52]
are more effective ways of getting the
[2:12:56]
information out to the public, which is the intent,
[2:13:00]
how should we
[2:13:02]
proceed with defining posted?
[2:13:08]
Councilor Priebe.
[2:13:11]
Thank you, Mr. Mayor.
[2:13:14]
Every day when I swing by, I pick up a Laconia
[2:13:18]
Sun.
[2:13:19]
In there
[2:13:21]
is a whole bunch of publications to other cities in the area.
[2:13:25]
It goes right along with the inventorial page.
[2:13:27]
It's a free paper, so I'm not paying anything.
[2:13:31]
It's there,
[2:13:33]
and taking and removing this from that
[2:13:37]
small paper, which is a small paper for us in this area.
[2:13:40]
I'm not trying to promote the Laconia Sun, but it's free.
[2:13:45]
People pick it up all the time. It's everywhere.
[2:13:49]
And to
[2:13:51]
remove this from a local paper,
[2:13:54]
people don't have computers.
[2:13:56]
I'm not on my computer every day. I constantly have to bother Brenda to find
[2:14:00]
out what's going on some days. But in here is the local
[2:14:04]
paper. You open it up, you read it.
[2:14:07]
It's there. And to remove that
[2:14:11]
is going to not allow someone
[2:14:15]
to have local communications with their local government.
[2:14:19]
Be very careful of that, because once you start down that slippery slope,
[2:14:24]
it'll lead to other things,
[2:14:26]
and closing the loop is something you folks don't want us to do.
[2:14:32]
I have a comment.
[2:14:35]
Councilor Jacobson.
[2:14:38]
Thank you, Mr. Mayor.
[2:14:39]
Once again, this came before the legislative committee,
[2:14:43]
and we spoke about it for, it's probably about an hour,
[2:14:47]
maybe
[2:14:48]
75 minutes. It was a long meeting.
[2:14:52]
Anyway, the issues that you're bringing up, Councilor Warner and Councilor Privy,
[2:14:56]
are exactly what we discussed there.
[2:14:59]
We didn't really come to a resolution other than this
[2:15:03]
requirement for posting in the newspaper, I don't think is as effective
[2:15:07]
as, Councilor Privy, you're describing.
[2:15:10]
And the reason I say that is not because folks don't
[2:15:14]
pick up the
[2:15:15]
Laconia Daily Sun, for instance. Some people don't.
[2:15:18]
But rather that posting in the paper
[2:15:22]
only puts it for one day's worth of circulation, unless we
[2:15:26]
pay for it to go multiple days. And so now you're playing a game
[2:15:30]
that's not only do you need to pick up a paper, but you need to pick up the
[2:15:34]
right paper on the right day to see that notice that's required
[2:15:38]
by this. Which I think does not represent the spirit of
[2:15:41]
communication that we have in this city,
[2:15:45]
and that follows the purpose of this ordinance.
[2:15:48]
I said then, and I'd say it again,
[2:15:51]
the purpose of this is not to hide what the city council is
[2:15:55]
doing. Rather, it's to enable the city
[2:15:59]
to post in areas that meet people where they are.
[2:16:02]
That might mean posting it
[2:16:05]
on a paper in the clerk's office. It might mean sending an email blast
[2:16:08]
out. It might mean putting it on the electronic sign, as we have for some public
[2:16:12]
hearings. All of those are on the table, but this is a
[2:16:16]
restriction that is not necessary, in my opinion.
[2:16:22]
Councilor Hallett Cook.
[2:16:27]
Thank you. Just a quick question, and that is, have we been posting it
[2:16:31]
in the Laconia Sun
[2:16:34]
in the recent past?
[2:16:37]
City manager.
[2:16:38]
So,
[2:16:40]
I've been told to stop saying "so." I apologize.
[2:16:44]
The answer to that is yes and no. When the state required it to be posted in the
[2:16:48]
paper, it has been posted in the paper.
[2:16:51]
My predecessor, the interim manager, was not doing it, and I
[2:16:55]
continued the process of that. And then I found this
[2:16:58]
in here, and part of the reason
[2:17:02]
I had sent it to the legislative committee was striking it was
[2:17:06]
because we had not been doing it. Going back in history, it does appear
[2:17:10]
that
[2:17:13]
City Manager Milner was doing it. I am happy to pick up the process again.
[2:17:17]
However, as stated earlier,
[2:17:20]
it is approximately somewhere between $80 and $100 per
[2:17:24]
notice.
[2:17:25]
I can tell you we've spent almost $600 for the two public hearings
[2:17:29]
that we had tonight, because we've had to notice them twice.
[2:17:33]
It is not inexpensive. Oh, no, by the way, we set a public hearing
[2:17:37]
tonight.
[2:17:39]
It's not inexpensive to do that, which is
[2:17:43]
really the reason we were discussing it.
[2:17:46]
I agree with Councilor Jacobson. If we would like to replace it with
[2:17:49]
something that I think would actually receive or be received
[2:17:53]
more than the newspaper would, I would highly encourage that,
[2:17:57]
because the intent is not to prevent it from being circulated.
[2:18:01]
It's actually to circulate it in a way that could potentially save the
[2:18:05]
city money, in the same time actually get it in the hands of people.
[2:18:08]
I don't know what the current circulation of the Laconia Sun is.
[2:18:13]
Councilor Privy, you're right, it is a free paper, but it's not free to post things
[2:18:16]
in. So, that's where the city was.
[2:18:21]
If this council says put it back in, I will absolutely,
[2:18:25]
indeed, every meeting from this point forward, public hearing will be
[2:18:29]
posted.
[2:18:31]
Councilor Warner.
[2:18:33]
Thank you, Mr. Mayor.
[2:18:37]
We have an upcoming item on this agenda
[2:18:41]
that's almost identical to this. It's talking about the posting in
[2:18:45]
the newspaper.
[2:18:47]
I'm not nearly as concerned about that as I am about this.
[2:18:51]
This
[2:18:52]
is regarding
[2:18:54]
public hearings where there are seven days notice for a public
[2:18:58]
hearing. If someone doesn't hear about that in the seven days
[2:19:02]
preceding the public hearing, they miss the public hearing.
[2:19:05]
I think that's a tremendous shortfall in our
[2:19:08]
efforts to be transparent.
[2:19:12]
am more than willing to look at that.
[2:19:17]
Getting feedback that tells me we have an email blast or some sort of
[2:19:21]
system in place that's reaching a significant proportion of people
[2:19:25]
within the community,
[2:19:26]
but I'm not seeing that at this point.
[2:19:29]
I've asked the questions, and we're not able to get the metrics
[2:19:33]
that tell us how many people receive the email blasts.
[2:19:37]
I don't know how many people walk by the bulletin board in the
[2:19:41]
library on a daily basis, but I have a feeling it's not a great number.
[2:19:46]
And so,
[2:19:51]
how many people are on Facebook? We can put it on Facebook.
[2:19:53]
I guarantee you, that's not the majority of the people in Franklin, regardless
[2:19:57]
of how it feels sometimes.
[2:20:05]
really wasn't trying to be humorous at this.
[2:20:07]
I just think that we need to be very careful in
[2:20:12]
shooting this horse before its time.
[2:20:15]
And I advocate for keeping the
[2:20:19]
public notice in the newspaper, at least for the time being.
[2:20:23]
It's not like I'm an old guy that
[2:20:26]
is afraid of change. I'm an old guy that really wants to see some
[2:20:30]
change. This is
[2:20:34]
I believe we
[2:20:37]
owe it to the people that they have access to that
[2:20:40]
information. And I don't know how many people, I know a lot of the people here are
[2:20:44]
very conversant
[2:20:47]
in social media and email and things like that.
[2:20:50]
The people sitting in this room, they obviously watch these things and
[2:20:54]
they watch what's going on. But I have neighbors that are like,
[2:20:58]
"Oh, you're on the city council? Oh, I've been your neighbor for
[2:21:03]
20 years, and I've been on the city council for over a year and a half." They don't
[2:21:06]
know. So it's
[2:21:10]
I just think we owe it to our constituency
[2:21:14]
to at least look at migrating to something
[2:21:18]
better, not just dropping this, not just shooting this horse dead on the spot.
[2:21:23]
Councilor Hallock-Cook.
[2:21:28]
I agree that we can't just drop
[2:21:31]
that idea of notice. However, we also don't have
[2:21:35]
the funds to be putting it in the newspaper.
[2:21:40]
So I would suggest that we look at things like the
[2:21:44]
electronic signs that are out there,
[2:21:47]
and maybe do some brainstorming around other
[2:21:50]
places that we can put this
[2:21:54]
that might have a better reach than the newspaper without costing
[2:21:58]
the city the money.
[2:22:01]
I have a comment.
[2:22:02]
Councilor Warner.
[2:22:04]
Yes, I agree with that, Councilor Hallock-Cook, and that's
[2:22:08]
exactly what I'm saying.
[2:22:09]
But I think we should keep this
[2:22:12]
until we come up with what she's talking about.
[2:22:14]
Yes, we should do those things, and we've been saying we should do those things for
[2:22:17]
some time. They're not done.
[2:22:20]
Councilor Jacobson.
[2:22:23]
Thank you, Mr. Mayor. One of the other ideas that was kind of batted around at the
[2:22:26]
legislative, and this will be familiar, I think, to Councilor Warner's concerns
[2:22:30]
here, is the pairing of this operation with the establishment of
[2:22:33]
a policy by the city manager.
[2:22:37]
And the policy choice there is
[2:22:40]
intentional because it's flexible, and allows
[2:22:44]
the city manager to adapt posting to ways
[2:22:48]
when the
[2:22:49]
city manager gets new data that says that the signs are really working or that the
[2:22:53]
email blasts are working, they can kind of flex more into that
[2:22:57]
as a potential way to augment
[2:23:01]
this code.
[2:23:07]
Councilor Warner.
[2:23:09]
So in the meantime, my question is,
[2:23:13]
are we going to continue to do notice in the Laconia Daily Sun?
[2:23:25]
Councilor Carrier.
[2:23:28]
I essentially agree with Councilor Warner here.
[2:23:31]
Without
[2:23:33]
a clear definition of
[2:23:36]
where and how we're going to post and get the information out, I would not want
[2:23:40]
to
[2:23:42]
change the process, and I suggest we send this back to legislative maybe for
[2:23:46]
some more definition in that
[2:23:50]
area,
[2:23:51]
and we can come back with some more clarity.
[2:23:56]
Councilor Hallock-Cook.
[2:24:01]
I agree with both what Councilor Carrier and
[2:24:05]
Councilor Warner have said. Concern again is
[2:24:09]
we haven't been doing this. This is...
[2:24:12]
Right? I mean, that's what...
[2:24:16]
And this is a cost.
[2:24:20]
Maybe we modify this at this
[2:24:23]
point to say, "Okay, we all agree that these are the locations."
[2:24:30]
City manager.
[2:24:31]
So I'll agree, we haven't been doing this.
[2:24:33]
It was out of ignorance, not out of malice.
[2:24:36]
As of tonight, if we send this back to legislative, I will start following the
[2:24:40]
ordinance as written.
[2:24:41]
I just want to make that clear. It will be posted in the newspaper.
[2:24:45]
The
[2:24:49]
public hearing we set tonight will be posted in the newspaper seven days before
[2:24:53]
it happens. Until I'm directed otherwise, that will start happening
[2:24:57]
effective tonight.
[2:25:02]
Councilor Priebe.
[2:25:04]
Thank you, Mr. Mayor. How much do those electronic signs cost us to
[2:25:08]
operate?
[2:25:10]
Those things ain't cheap.
[2:25:12]
Every time they go down or repair, that's money that we have to really
[2:25:16]
cough up.
[2:25:19]
City manager.
[2:25:20]
So I don't have a report at my fingertips.
[2:25:23]
I have not heard of a repair we've had to make on them.
[2:25:27]
So I'll ask the MSD department how much we spent on them.
[2:25:31]
They were purchased with a grant,
[2:25:34]
so they didn't cost the city anything, and I need to find out if they're
[2:25:38]
actually run on gasoline or solar powered. I'm not sure.
[2:25:44]
Councilor Priebe.
[2:25:45]
Thank you, Mr. Mayor.
[2:25:48]
With the computer going down today,
[2:25:50]
that's all part of the computer. You send it on a computer, send it to that little
[2:25:54]
machine, or you send somebody over there to go ba-dink, ba-dink, ba-dink, and get
[2:25:58]
it up and running.
[2:26:00]
That's a personnel that you've now sent over, typed it in,
[2:26:04]
it comes up on it, and if it doesn't work for whatever reason,
[2:26:09]
here's where the paper, you send it to them,
[2:26:13]
they publicize it. Yes, it costs us money, but it's out there.
[2:26:17]
There's a transparency, the accountability for the citizens
[2:26:21]
of Franklin to see it.
[2:26:24]
City manager.
[2:26:25]
I would be remiss if I didn't point out the flaw in your logic.
[2:26:28]
If my computer's down, I can't send anything to the paper for them to publish.
[2:26:34]
So we want to send out the flag over here, "Hey, let's see."
[2:26:38]
I'm just saying it's happened one time in the entire time I've been the city
[2:26:42]
manager. It's not a recurring thing that my outlet goes down.
[2:26:46]
I would also argue that sending a city worker over to do our signs is a sunk
[2:26:50]
cost. We do that all the time anyway.
[2:26:53]
And I'm not advocating that we need to get rid of the
[2:26:56]
paper. If the council wants to keep it, that's great.
[2:26:59]
I would advocate we actually add the variable message
[2:27:03]
boards and some other methods to this as well.
[2:27:05]
91A indicates that it needs to be posted in two spots.
[2:27:09]
One of them can be the website. That's pretty much the guidance 91A
[2:27:12]
gives. Doesn't mean that the council can't add more sites.
[2:27:15]
And I'm all for public knowing and getting it out
[2:27:19]
to the public. I would just rather have ones that didn't actually cost the city
[2:27:23]
money.
[2:27:29]
Council Forge.
[2:27:31]
Is everybody ready to table this one? Move on?
[2:27:39]
I-
[2:27:39]
City manager.
[2:27:41]
So point of order, I would recommend we not table it, as it's very
[2:27:44]
difficult to get things back off the table.
[2:27:47]
However,
[2:27:49]
we can actually either vote to
[2:27:53]
postpone this vote, or we can move to actually send it back to
[2:27:56]
legislative, as it's not ready to be voted on tonight.
[2:28:02]
Councillor Forge.
[2:28:04]
Thank you. I move to send this back to legislative if we're not
[2:28:08]
ready to vote on this tonight.
[2:28:10]
Second.
[2:28:11]
A motion has been made and seconded. Any more discussion?
[2:28:17]
Councillor Hallett Cook.
[2:28:20]
Again, just me looking for clarity.
[2:28:23]
If we send this back, then the current
[2:28:27]
Chapter 31 that says the newspaper shall be...
[2:28:32]
We'll go back to what you are following. Correct? Okay.
[2:28:36]
Thank you.
[2:28:36]
Absolutely.
[2:28:39]
Any more discussion on this?
[2:28:43]
Uh, Councillor Johnston.
[2:28:45]
I just need a point of clarification.
[2:28:48]
Are we going to be voting on the motion that we read or the motion
[2:28:52]
that he just made? So that's two motion.
[2:28:57]
City manager.
[2:28:58]
So as a point of order, a motion to send something back
[2:29:02]
back to committee or to the legislative can be done on a motion that's
[2:29:06]
on the table.
[2:29:10]
Superceded.
[2:29:14]
Any more discussion?
[2:29:16]
If not, roll call vote.
[2:29:19]
Councillor Johnston.
[2:29:21]
Yes.
[2:29:24]
Councillor Jacobson.
[2:29:26]
Yes.
[2:29:28]
Councillor Previq.
[2:29:30]
Yes.
[2:29:31]
Councillor Forge.
[2:29:33]
Yes.
[2:29:34]
Councillor Warner.
[2:29:36]
Yes.
[2:29:37]
Councillor Hallett Cook.
[2:29:40]
Yes.
[2:29:42]
Councillor Carey.
[2:29:44]
Yes.
[2:29:46]
Councillor Boyce.
[2:29:48]
Yes.
[2:29:51]
The motion passes
[2:29:53]
by eight votes.
[2:29:56]
We will now move on to
[2:29:59]
agenda
[2:30:01]
10.
[2:30:13]
Council, to consider ordinance revision
[2:30:19]
for Chapter 68.
[2:30:26]
I have a motion.
[2:30:28]
Councillor Jacobson.
[2:30:30]
Thank you, Mr. Mayor. I move to accept the revisions in Chapter 68 of the city code
[2:30:34]
as described in the attachment to this report.
[2:30:42]
Do we have a second?
[2:30:46]
Second.
[2:30:49]
A motion has been made and seconded. Do we have any discussion?
[2:30:54]
City manager.
[2:30:56]
So with all the ordinance changes we've talked about tonight, we probably should
[2:30:58]
have done this one first.
[2:31:00]
However,
[2:31:02]
this is to clarify how
[2:31:06]
ordinances get changed by this body.
[2:31:11]
One of the things to point out is that in the past, we have not been doing it
[2:31:14]
correctly, or we at least have not been doing it as it was written down.
[2:31:24]
Under the changes that I did propose to legislative and they sent forward,
[2:31:29]
a change can be presented to the city council.
[2:31:33]
It should be read in its entirety, the first time, unless
[2:31:37]
that is waived by the council.
[2:31:40]
If it is not approved by unanimous vote the first time it's
[2:31:44]
brought to the council, it gets sent to legislative.
[2:31:47]
Some of the language here that I changed is the old
[2:31:51]
language says that legislative is supposed to return it to the council at the next
[2:31:55]
meeting. It doesn't give them any latitude.
[2:31:57]
Essentially, anything sent to legislative or an ordinance sent to legislative
[2:32:00]
should trump the entire legislative's agenda and force them to
[2:32:04]
look at it to return it. The new language says that they can return it to the
[2:32:08]
council as soon as it's practical, giving them time to work it into their
[2:32:12]
agenda.
[2:32:15]
With exceptions in paragraph C, the ordinance can be passed at the meeting which
[2:32:19]
it was presented if all council members present and
[2:32:23]
participating remotely approve it for its first and final reading
[2:32:26]
unanimously.
[2:32:28]
In such case, no recommendation for legislative committee will be necessary.
[2:32:32]
Lacking that approval, no ordinance may be passed until the next council meeting,
[2:32:36]
meaning you can't debate and change an ordinance the first time it's presented at
[2:32:40]
the table. It has to go to legislative for update before anything can be
[2:32:44]
done. Our current, uh-
[2:32:47]
Ordinance does not require a public hearing, does not even consider a
[2:32:50]
public hearing for any type of ordinance change.
[2:32:53]
So I added section C for your consideration, that
[2:32:57]
public hearings must be held for land use, zoning, and historic
[2:33:01]
ordinances. All of that is in RSA.
[2:33:04]
And we have followed the RSAs when it is applicable or
[2:33:08]
when certain zoning boards or other bodies have met.
[2:33:14]
Public hearings are not required for the passage of standard ordinances, but the
[2:33:17]
city council should consider public interest and transparency when passing standard
[2:33:21]
ordinances and consider if a public forum or a public hearing is
[2:33:24]
needed.
[2:33:26]
The words both forum and hearing were intentionally put in there because a
[2:33:30]
hearing does have certain rules, as we've just discussed on the last item,
[2:33:34]
that are associated with it. A public forum does not.
[2:33:38]
There is no notice requirement, and in fact, you can have a public forum within 24
[2:33:42]
hours if it would be needed to do something quickly.
[2:33:45]
That doesn't mean that the public would be disregarded, but it would give the
[2:33:49]
council options to bring things forward if they needed to quickly.
[2:33:53]
Again, I am not trying to cut the public out.
[2:33:56]
I am all about inviting them along.
[2:33:58]
But I did want to point out that where we have forced ourselves
[2:34:02]
to have public hearings in the past, such as we did when we passed
[2:34:06]
the FEMA flood zone stuff earlier this year, the
[2:34:09]
ordinance did not require us to do that.
[2:34:18]
Any other discussion on this motion?
[2:34:24]
If not, I will take a roll call vote.
[2:34:28]
Councilor Jacobsen?
[2:34:32]
Yes.
[2:34:35]
Councilor Prevy?
[2:34:37]
No.
[2:34:40]
Councilor Forge?
[2:34:42]
Yes.
[2:34:44]
Councilor Warner?
[2:34:45]
Yes.
[2:34:48]
Councilor Hallard-Cook?
[2:34:50]
Yes.
[2:34:52]
Councilor Carrier?
[2:34:54]
Yes.
[2:34:56]
Councilor Boyce?
[2:34:58]
Yes.
[2:35:01]
Councilor Johnston?
[2:35:05]
Yes.
[2:35:09]
The motion passes with seven yeses and one no.
[2:35:19]
We will now move on to agenda item number 11,
[2:35:23]
council to consider Winnipesaukee River Basin Program
[2:35:28]
transition.
[2:35:38]
Councilor Johnston?
[2:35:41]
The movement Franklin City Council support the efforts to transition the
[2:35:45]
Winnipesaukee River Basin Program from the New Hampshire Department of
[2:35:49]
Environmental Services to a regional wastewater authority owned and
[2:35:52]
managed by the member communities.
[2:35:55]
Such support
[2:35:56]
will include city council authorizing council members, the city manager, and city
[2:36:00]
staff support and transition with any of the Franklin state
[2:36:04]
representatives and senators and when it is under consideration by
[2:36:08]
the study commission, the legislature, and the governor.
[2:36:12]
Second.
[2:36:13]
Motion has been made and seconded. Do we have any discussion?
[2:36:18]
City manager.
[2:36:19]
So before a million questions get asked,
[2:36:23]
essentially this is
[2:36:25]
having the council consider
[2:36:28]
whether or not we want to have a voice in the future for this body.
[2:36:31]
There's been exactly one meeting of the Winnipesaukee River Basin Program
[2:36:35]
folks who want to set up the consortium.
[2:36:38]
It is a meeting of all the different cities.
[2:36:41]
What has been made evident is the Department of Environmental
[2:36:45]
Services no longer wishes to have high-level management of the
[2:36:49]
waste treatment facility that is here.
[2:36:53]
They are petitioning the state to find a different way to manage it.
[2:36:57]
So if the council does not approve this tonight, all this is, is saying we
[2:37:01]
want to support the study and let them know we're interested in working with
[2:37:05]
other cities to potentially have a voice going forward.
[2:37:08]
It does not commit us to anything. That body is not actually
[2:37:11]
defined yet. In fact, it's going to have to be worked out.
[2:37:15]
What this does is put the state on notice that says we would like to consider
[2:37:19]
having a voice in our own future when you do that study, and it
[2:37:22]
allows all the council, the mayor,
[2:37:25]
and city employees to discuss it
[2:37:29]
with our legislators and say that the city's perspective is
[2:37:33]
we would like to be considered to do this.
[2:37:37]
Again, we're not establishing anything yet, and in fact, the
[2:37:41]
rules for the committee, and how it would be governed have
[2:37:45]
not been established. First, the state has to agree that they
[2:37:49]
would consider allowing us to do such a thing, and then the city leaders are
[2:37:52]
going to get together and figure out exactly how that would happen.
[2:37:56]
The one thing that was agreed on at the meeting I did attend was that they wanted
[2:38:00]
to look toward a senatorial type of body
[2:38:04]
where each city, it was one city, one vote, so that the larger cities
[2:38:08]
could not basically dictate terms to the smaller towns.
[2:38:12]
And I apologize for rambling on. This is also not about the day-to-day
[2:38:16]
management of the facility. This is about the higher level strategic
[2:38:20]
management,
[2:38:21]
telling them what type of future plans,
[2:38:25]
approving types of improvements that the plan
[2:38:28]
makes or recommends that they want to make.
[2:38:31]
A lot of the background talked about the potential.
[2:38:34]
It talked about where there were some mismanagement or perceived mismanagement in
[2:38:38]
the past for projects that have been put forward that the state
[2:38:42]
has not really been managing or watching this closely,
[2:38:47]
or perhaps has endorsed them. I'm not 100% sure how that went
[2:38:50]
on. But this advisory board would then have some
[2:38:53]
say. Again, how much say would have to be defined by the state.
[2:38:58]
And how it would be said would have to be defined by state, and all that will need
[2:39:01]
to be worked out in the future. All this is, is a vote of the
[2:39:05]
council tonight to say we would like to
[2:39:08]
agree with the group of cities and say we would potentially like to have a future
[2:39:12]
in how this is decided, and we would like to start working on what we
[2:39:16]
would like as that government body to be.
[2:39:19]
The alternative, if Franklin does not wish to join the coalition,
[2:39:23]
it will most likely not work because we are one of the larger
[2:39:27]
cities and municipalities that are in it.
[2:39:30]
So the rest of them, if Franklin goes its own way, probably will
[2:39:34]
not be able to form a coalition without us.
[2:39:37]
If that happens, or if we do nothing tonight, then
[2:39:41]
we basically are rolling the dice and allowing the state to define how they
[2:39:45]
want to do new management over there, because DES has basically
[2:39:49]
said they don't want to do it anymore.
[2:39:51]
And given their time and opportunity for the state to come up with its own
[2:39:55]
good ideas, without city input, to me, does not seem
[2:39:59]
like a good idea to allow them to do.
[2:40:04]
Councilor Hallett Cook.
[2:40:09]
Thank you.
[2:40:10]
Please tell me this is not the state shifting
[2:40:13]
their financial responsibility onto us.
[2:40:16]
If you're looking right now at
[2:40:21]
River Road or whatever, where they have paved it because it's a
[2:40:25]
state-owned road, because of the wastewater treatment plant
[2:40:29]
at the end of it.
[2:40:30]
That's not part of our urban compact.
[2:40:33]
I just don't want this to be some way of the state shifting
[2:40:38]
the money east to Franklin.
[2:40:42]
City manager.
[2:40:43]
So the paving of that road, at least as I understand it, and all of the fees
[2:40:46]
associated with this are part of the enterprise fund for the sewer.
[2:40:50]
So the state...
[2:40:55]
Well, if it's a state road, it's still going to be a state road, so that may be a
[2:40:57]
bad example. But as far as running the facility, as far as the
[2:41:02]
programs that have been suspended or turned out to be
[2:41:05]
non-buildable, all of that was paid for with enterprise money.
[2:41:09]
So when a $600,000 program comes off the
[2:41:13]
rails, then the sewer enterprise fund gets raised
[2:41:17]
across the board for all cities who use the facility.
[2:41:21]
So no, it should not be a shifting of the burden to the
[2:41:24]
cities. But again, that's something that we would like to have
[2:41:29]
not just Franklin, but Franklin and a group of our friends all watching
[2:41:33]
as hawks, because no city has an interest in accepting that burden.
[2:41:37]
I can tell you that other municipalities have had issues where
[2:41:41]
parts of their sewer system that should have been covered by state
[2:41:45]
repairs,
[2:41:47]
the city has actually had to pick up the bill because the state is still deciding
[2:41:50]
on whether or not that should've been done.
[2:41:53]
And obviously, in the case of Meredith, they actually were
[2:41:57]
spilling sewage into the lake at one point.
[2:41:59]
They obviously fixed that as rapidly as they could.
[2:42:02]
They're still waiting for the state to approve that it's a
[2:42:06]
state-funded project and reimburse them.
[2:42:08]
Again, that's the kind of thing that this board hopefully would be
[2:42:12]
able to circumvent or actually make sure
[2:42:16]
things that happened in a timely manner.
[2:42:19]
Again-
[2:42:24]
Council Warner.
[2:42:27]
Yeah.
[2:42:29]
Are we talking about some communities that are in the
[2:42:32]
P-
[2:42:40]
I didn't believe the number was that high, but I don't have the exact number.
[2:42:43]
But it's a significant number of communities, yes.
[2:42:47]
Okay.
[2:42:49]
I guess my concerns are just, voice we want to
[2:42:52]
make.
[2:42:54]
We want to speak up, make sure we pay our fair share of the cost.
[2:43:00]
And I don't know,
[2:43:01]
with a
[2:43:03]
separate regional wastewater authority, is there any potential that this would end
[2:43:06]
up being a private organization, or is it going to be a
[2:43:10]
quasi-public kind of thing?
[2:43:15]
City manager.
[2:43:16]
So again, the part of that is to be determined by the state.
[2:43:19]
The state hasn't put out anything yet.
[2:43:21]
The desires of the one meeting I went to had nothing.
[2:43:24]
No one discussed any type of private co-
[2:43:27]
public partnership. It was entirely a
[2:43:31]
public-run consortium for the entire management of the
[2:43:35]
facility. But if we leave it entirely up to the state, I have no idea what
[2:43:39]
the state will dictate to us.
[2:43:42]
Well, that
[2:43:43]
answers my... Well, it doesn't answer my question, but it's all we have.
[2:43:49]
Any other discussion on
[2:43:52]
this? Councilor Prevy.
[2:43:55]
Thank you,
[2:43:57]
Mr. Mayor.
[2:43:59]
Sounds like this
[2:44:01]
DES
[2:44:04]
mismanaged this so that they didn't want nothing to do with it.
[2:44:07]
So they created the mess,
[2:44:10]
and eventually
[2:44:12]
the citizens of Franklin and other cities and towns
[2:44:17]
will have to pay for the whole mess-up that they did.
[2:44:20]
If they'd have just said that in the beginning,
[2:44:22]
maybe this wouldn't be so. But all they did was put as much legal jargon as they
[2:44:26]
can so that it confuses the average person.
[2:44:30]
And
[2:44:35]
2.5 million, 150, and then they only
[2:44:38]
granted 124 million.
[2:44:42]
Who was ahead of this?
[2:44:45]
Captain Kangaroo?
[2:44:49]
Councilor Johnston.
[2:44:51]
So I just want to say this. As far as taking this out of the state's hands and
[2:44:54]
putting it back into the city's hands, we maybe have some control over how
[2:44:58]
much we have to pay for sewer,
[2:45:01]
and not just keep raising and raising
[2:45:03]
every damn year. So
[2:45:06]
Let's call the question.
[2:45:12]
Question's been called. Do I have a second?
[2:45:14]
Second.
[2:45:17]
All right. By roll call vote.
[2:45:22]
Councilor Priebe?
[2:45:24]
Yes.
[2:45:26]
Councilor Forge?
[2:45:28]
Yes.
[2:45:29]
Councilor Warner?
[2:45:30]
Yes.
[2:45:32]
Councilor Hallock-Cook?
[2:45:34]
Yes.
[2:45:36]
Councilor Carrier?
[2:45:37]
Yes.
[2:45:40]
Councilor Boyce?
[2:45:41]
Yes.
[2:45:43]
Councilor Johnston?
[2:45:44]
Yes.
[2:45:46]
Councilor Jacobson?
[2:45:48]
No.
[2:45:58]
We have the
[2:46:00]
call the question motion passes by seven
[2:46:04]
with one no. Now we will move on to the original motion.
[2:46:11]
Councilor Forge?
[2:46:14]
Yes.
[2:46:16]
Councilor Warner?
[2:46:17]
Yes.
[2:46:19]
Councilor Hallock-Cook?
[2:46:22]
Yes.
[2:46:24]
Councilor Carrier?
[2:46:25]
Yes.
[2:46:27]
Councilor Boyce?
[2:46:28]
Yes.
[2:46:30]
Councilor Johnston?
[2:46:31]
Yes.
[2:46:32]
Councilor Jacobson?
[2:46:37]
Yes.
[2:46:40]
Councilor Priebe?
[2:46:42]
Yes.
[2:46:44]
The motion passes by eight votes in favor.
[2:46:58]
We will now move on to agenda item number
[2:47:02]
12.
[2:47:03]
Council to consider scheduling a September
[2:47:07]
council workshop.
[2:47:18]
Councilor Warner?
[2:47:20]
Thank you, Mr. Mayor. I move that Franklin City Council set 14
[2:47:24]
September as a city council workshop to discuss Robert's
[2:47:28]
Rules and council meetings.
[2:47:31]
Second.
[2:47:33]
A motion has been made and seconded. Do we have any discussion?
[2:47:36]
Councilor Carrier?
[2:47:38]
Thank you. I'd like to suggest that we move this until after city
[2:47:42]
elections on October 6th so that we could also include
[2:47:46]
new incoming city councilors and avoid perhaps having to
[2:47:50]
do this a second time.
[2:47:56]
City manager.
[2:47:58]
So the intent is to do this this time, and then again, it will
[2:48:02]
be part of the training regimen that is being established for
[2:48:06]
January and new incoming councilors as well.
[2:48:09]
We're building what will probably end up being an entire day on a
[2:48:13]
Saturday to encompass legal as well as other
[2:48:16]
things for all incoming councilors.
[2:48:21]
Councilor Johnston, I saw your hand up.
[2:48:29]
Now I don't remember why I raised my hand.
[2:48:31]
But I believe I was going to agree with Councilor Carrier, though, that we
[2:48:35]
should move it to change it until the new council or until the elections and,
[2:48:40]
that way we would be, yeah, just do it once.
[2:48:45]
Yeah, that's all I have to say right now.
[2:48:51]
Councilor Warner.
[2:48:53]
I would hope that we got back to doing this annually in the
[2:48:56]
January-February timeframe. That's just the...
[2:49:00]
We have suffered not having that this year.
[2:49:06]
Councilor Forge?
[2:49:08]
City manager, do you want to give us the test version and then move on to
[2:49:12]
the full-blown version in January for
[2:49:15]
incoming council?
[2:49:19]
City manager.
[2:49:20]
So that was sort of the intent. This was going to be an abbreviated
[2:49:24]
thing, talking about the different types of council meetings,
[2:49:28]
why it's important to differentiate when we set them between workshops and actual
[2:49:32]
meetings.
[2:49:33]
And then some of the basic Robert's Rules and talking about motions and amendments
[2:49:37]
and things that we do lots of different ways, and we probably should
[2:49:41]
have one standardized way of getting them done.
[2:49:45]
Along with that, I just added that I was going to add on the new
[2:49:49]
ordinance procedure and how that would work with a test ordinance to go through it.
[2:49:54]
The
[2:49:55]
September timeframe also
[2:49:57]
would allow the students who are doing student government to potentially come
[2:50:01]
to this council workshop if they wanted to as well.
[2:50:05]
Although in October one probably would meet their needs as well, except it's going
[2:50:09]
to be closer to when they actually do their meeting.
[2:50:13]
And I don't know how many students will actually show up to a workshop
[2:50:17]
anyway, if they're not required to be here.
[2:50:21]
Councilor Carrier.
[2:50:24]
Thank you. Do you know when the student
[2:50:28]
meeting is? And so we could perhaps
[2:50:31]
try to adjust a date into before then in October?
[2:50:37]
So I believe the banquet is actually on the 29th.
[2:50:47]
Any other discussion on this motion?
[2:50:52]
I'd like to make a... Yeah, I have a comment.
[2:50:56]
Councilor Jacobson?
[2:50:59]
Thank you, Mr. Mayor.
[2:51:01]
I'd also like to see this move to October,
[2:51:05]
and would make a friendly amendment that we set this
[2:51:09]
for October 12th
[2:51:12]
Monday, October 12th.
[2:51:14]
Second
[2:51:15]
Monday in October.
[2:51:17]
That's Columbus Day.
[2:51:19]
City manager.
[2:51:20]
So point of order on two things. One, as a point of order,
[2:51:24]
Robert's Rules doesn't have anything called a friendly amendment.
[2:51:27]
Two, the 12th of October is Columbus Day.
[2:51:37]
Any other
[2:51:39]
comment? Councilor Keran.
[2:51:43]
I would offer an amendment to change the date to
[2:51:46]
October 19th.
[2:51:50]
Councilor
[2:51:53]
Jacobson.
[2:51:56]
Motion.
[2:51:59]
Second.
[2:52:02]
All right.
[2:52:05]
Motion has been made and seconded on the
[2:52:08]
amendment.
[2:52:11]
Is there any discussion?
[2:52:18]
Councilor Warner.
[2:52:21]
I would just like to
[2:52:23]
advocate for keeping it on the 14th of next month.
[2:52:31]
Any other discussion? Councilor Priebe.
[2:52:35]
Thank you,
[2:52:37]
Mr. Mayor. The 14th of September,
[2:52:40]
all of the
[2:52:41]
people that are running for
[2:52:44]
the positions
[2:52:46]
on the city council
[2:52:49]
are all allowed to come to these public meetings, and they can take
[2:52:52]
notes.
[2:52:54]
They can't correspond with what we're doing as far
[2:52:57]
as from the podium, but they're allowed to come here.
[2:53:01]
I did that when I was--
[2:53:03]
Even after I was elected,
[2:53:05]
I came to them before. So it's not closed.
[2:53:09]
They're welcome to come to these meetings.
[2:53:15]
Councilor Johnston.
[2:53:17]
I would agree with Councilor Warner and Councilor Priebe, where that if we
[2:53:21]
keep the meeting for the 14th of September,
[2:53:24]
we don't have anything listed for a workshop yet.
[2:53:27]
So this will be a workshop for this month.
[2:53:29]
Why are we going to schedule a workshop for next month when we won't have one for
[2:53:33]
this month?
[2:53:35]
And then as the city manager had said,
[2:53:38]
later in the future after the elections and after other people take
[2:53:42]
office, then we'll have a big meeting on a Saturday with legal and
[2:53:46]
stuff like that.
[2:53:48]
That's just as a thing. So my hand
[2:53:52]
was raised earlier because I was going to ask on September 14th if we were going to
[2:53:56]
have legal there. But if this is just going to be a refresher for
[2:54:00]
us, then I don't see a reason for them to have to be there on September 14th.
[2:54:03]
So I'm all for keeping this on the 14th September.
[2:54:11]
Councilor Keran.
[2:54:15]
In support of October 19th.
[2:54:18]
Once
[2:54:19]
new councilors have been elected, they could be allowed to participate in
[2:54:23]
that meeting on the 18th.
[2:54:28]
City manager.
[2:54:30]
So as a city council workshop,
[2:54:33]
if the mayor recognizes, then they would be able to participate in the workshop
[2:54:37]
anyway.
[2:54:42]
Yes.
[2:54:44]
Any other discussion? Because we have an amendment
[2:54:48]
to vote on.
[2:54:52]
Councilor Johnston.
[2:54:53]
So that's what I was just going to ask.
[2:54:55]
So are we voting on the amendment or are we voting on the motion?
[2:55:00]
Well, we have-
[2:55:01]
I'm sorry
[2:55:01]
... the motion, and then we have an amendment to that motion, so...
[2:55:08]
City manager.
[2:55:09]
So do we need to take a vote on the amendment first,
[2:55:12]
and then,
[2:55:13]
depending on what that is, we'll vote on either the amended motion or the original
[2:55:17]
motion?
[2:55:21]
Councilor Boyce.
[2:55:22]
Somebody re-read the amendment that's on there.
[2:55:29]
The amendment was to change the date of the
[2:55:32]
original motion from September 14th to October
[2:55:36]
19th.
[2:55:41]
All right. Any more discussion on this?
[2:55:44]
If not, by roll call vote.
[2:55:47]
Councilor Forge.
[2:55:50]
No.
[2:55:53]
Councilor Warner.
[2:55:54]
No.
[2:55:56]
Councilor Hallock-Cook.
[2:55:58]
No.
[2:56:01]
Councilor Keran.
[2:56:03]
Yes.
[2:56:06]
Councilor Boyce.
[2:56:07]
No.
[2:56:11]
Councilor Johnston.
[2:56:13]
No.
[2:56:15]
Councilor Jacobson.
[2:56:17]
Yes.
[2:56:21]
Councilor Priebe.
[2:56:22]
No.
[2:56:27]
Six.
[2:56:28]
The amended motion does not pass by six votes no
[2:56:33]
and two yeses.
[2:56:35]
Now we'll move on to the original motion.
[2:56:43]
Is there any further discussion on the original motion?
[2:56:48]
If not,
[2:56:50]
by roll call vote.
[2:56:52]
Councilor Forge.
[2:56:54]
Yes.
[2:56:56]
Councilor Warner.
[2:56:57]
Yes.
[2:56:59]
Councilor Hallock-Cook.
[2:57:01]
Yes.
[2:57:03]
Councilor Keran.
[2:57:04]
Yes.
[2:57:06]
Councilor Boyce.
[2:57:07]
Yes.
[2:57:09]
Councilor Johnston.
[2:57:11]
Yes.
[2:57:12]
Councilor Jacobson.
[2:57:15]
Yes.
[2:57:17]
Council Priebe.
[2:57:19]
Yes.
[2:57:21]
The motion passes with eight votes in favor.
[2:57:30]
Councilor Boyce.
[2:57:32]
Is the library available that day?
[2:57:35]
It's not scheduled yet, so I will find out and send an email.
[2:57:38]
Hopefully, my email will be working tomorrow, so I'll be able to send you an email
[2:57:41]
telling you exactly where and what time it will be.
[2:57:43]
Thank you.
[2:57:53]
We will now move on to agenda item number 13,
[2:57:58]
council to consider charter amendment number one,
[2:58:02]
school board clarification
[2:58:05]
C-13, C-14.
[2:58:09]
Do I have a motion?
[2:58:16]
Councilor Carrier.
[2:58:19]
Thank you. I move that the Franklin City Council
[2:58:23]
approve proposed charter amendment number one, school board
[2:58:27]
clarification C-13, C-14, as
[2:58:30]
presented,
[2:58:32]
and direct that it be prepared for submission to Franklin voters at the next
[2:58:36]
election at which the question may lawfully be placed in accordance with
[2:58:39]
RSA 49-B.
[2:58:44]
Do I have a second?
[2:58:46]
Second.
[2:58:49]
The motion has been made and seconded. Do we have any discussion?
[2:58:53]
City manager.
[2:58:56]
So I just wanted to point out that there are some steps that happen before the
[2:59:00]
Franklin City Council can actually put this question on a ballot.
[2:59:05]
It does need to be approved by the Secretary of State, and
[2:59:11]
DRA and one other organization.
[2:59:14]
It also-
[2:59:14]
Attorney General
[2:59:17]
Yes, and it also needs a legal opinion, as
[2:59:21]
well as it's supposed to be written up and submitted to the clerk
[2:59:24]
within seven days of the council deciding or having a public
[2:59:28]
hearing.
[2:59:30]
Councilor Warner.
[2:59:32]
This is a question for the city manager.
[2:59:34]
I've heard the,
[2:59:37]
I will say, conflicting information or reads on...
[2:59:42]
Is there a limit to the number of ballot initiatives we could have
[2:59:46]
in a given year?
[2:59:51]
City manager.
[2:59:52]
So I'm unaware of any limit that's put on.
[2:59:56]
don't have even an official thing on this.
[2:59:59]
I was told the recommendation is no more than four.
[3:00:03]
And that's just because these can be lengthy.
[3:00:11]
Councilor Warner.
[3:00:12]
So follow-up question to that is then, okay,
[3:00:15]
we're looking at the timeline. Obviously, we're talking about
[3:00:19]
this being on the ballot at,
[3:00:21]
best case, October 2027.
[3:00:26]
So that's two.
[3:00:30]
Now, if we have any more that we want to get on there, whether it be via a charter
[3:00:33]
commission or whatever. Now, a charter commission,
[3:00:36]
that's out there because we wouldn't be able to do a
[3:00:40]
charter commission until that time.
[3:00:43]
But
[3:00:44]
yeah, are we shooting
[3:00:46]
half our bullets at once here?
[3:00:50]
City manager.
[3:00:51]
So there's no restriction or limitation to that.
[3:00:53]
Just the fear is that if you put a significant number on, it gets really
[3:00:57]
confusing to read them all and understand them all.
[3:01:02]
But we will be shooting half our bullets in a recommendation, but not
[3:01:06]
necessarily a restriction. Does that make sense?
[3:01:10]
Yeah, I see. In other words, there's not a
[3:01:14]
hard and fast rule.
[3:01:16]
Okay, that answers my question. I'll probably still vote for this.
[3:01:22]
Any other discussion on this motion?
[3:01:26]
Councilor Hallett Cook.
[3:01:30]
I think I'm kind of seeing this as let's test whether or not
[3:01:35]
we can figure out how this process works and get it on the ballot.
[3:01:39]
Is-
[3:01:41]
I have a comment.
[3:01:45]
Councilor Jacobson.
[3:01:47]
Thank you, Mr. Mayor. Councilor Hallett Cook, that's exactly right.
[3:01:52]
If you'll recall, back in June,
[3:01:55]
there were three public hearings that were set to be made.
[3:01:57]
Those came out of the legislative committee.
[3:02:00]
They were kind of set in order of increasing complexity and potential
[3:02:04]
contentiousness. So this is the kind of easiest, I would
[3:02:08]
say.
[3:02:10]
The next one that we're going to talk about or the next item on the agenda
[3:02:14]
is kind of a medium.
[3:02:16]
And I think that's reflected in the
[3:02:19]
CAR that's presented. The hard one was
[3:02:23]
C-32, the tax cap. That has not come before the council,
[3:02:27]
or really, it's still in legislative, I think, at this point.
[3:02:29]
So already, we've been shot down on one of these things, and
[3:02:33]
you're absolutely right. This is an intention to kind of work the muscle
[3:02:37]
of this process, see if we can figure it out.
[3:02:44]
Any other discussion on this motion?
[3:02:48]
If not, I will take a roll call vote.
[3:02:52]
Councilor Warner.
[3:02:54]
Yeah.
[3:02:57]
Councilor Hallett Cook.
[3:02:59]
Yes.
[3:03:01]
Councilor Carrier.
[3:03:02]
Yes.
[3:03:04]
Councilor Boyce.
[3:03:06]
Yes.
[3:03:08]
Councilor Johnston.
[3:03:10]
Yes.
[3:03:12]
Councilor Jacobson.
[3:03:15]
Yes.
[3:03:18]
Councilor Priebe.
[3:03:20]
Yes.
[3:03:22]
Councilor Forgey.
[3:03:23]
Yes.
[3:03:26]
The motion passes with eight votes.
[3:03:34]
We will now move on to agenda item number 14,
[3:03:38]
council to consider charter amendment number two,
[3:03:43]
neutralizing gender bias.
[3:03:48]
I have a motion.
[3:03:50]
Councilor Jacobson.
[3:03:53]
Thank you, Mr. Mayor. I move that the Franklin City Council approve proposed
[3:03:57]
charter amendment number two, neutralizing gender bias, chapters three, eight,
[3:04:00]
nine, 10, 11, 13, 15, 20, 21, 23, 24,
[3:04:04]
25, 28, 46, 51,
[3:04:08]
53, as presented and directed to be prepared for submission to
[3:04:11]
Franklin voters at the next election,
[3:04:14]
at which the question may lawfully be placed in accordance with RSA
[3:04:17]
49-B.
[3:04:20]
Second.
[3:04:21]
We have a motion and we have a second.
[3:04:24]
Is there any discussion on this motion?
[3:04:33]
I don't see anyone raising a hand for discussion,
[3:04:37]
so I'm going to move it on to a roll call vote.
[3:04:42]
Councilor Hallett Cook.
[3:04:45]
Yes.
[3:04:46]
Councilor Carrier.
[3:04:48]
Yes.
[3:04:49]
Councilor Boyce.
[3:04:52]
Yes.
[3:04:53]
Councilor Johnston.
[3:04:56]
Yes.
[3:04:58]
Councilor Jacobson.
[3:05:01]
Yes.
[3:05:03]
Councilor Prevy.
[3:05:05]
Yes.
[3:05:06]
Councilor Forge.
[3:05:07]
Yes.
[3:05:08]
Councilor Warner.
[3:05:10]
Yes.
[3:05:12]
Motion passes, eight in favor.
[3:05:26]
Now we will move on to committee reports.
[3:05:30]
Does the legislative committee have a report this evening?
[3:05:36]
Mr. Mayor, I have a report.
[3:05:39]
Councilor Jacobson.
[3:05:41]
Thank you, Mr. Mayor. The
[3:05:43]
legislative committee met on
[3:05:47]
August 20th at 6:00 PM in the library.
[3:05:49]
We had a lot to discuss, much of which came actually before the city council this
[3:05:53]
evening.
[3:05:54]
I'm going to run through briefly. We talked about charter amendment procedure,
[3:06:00]
and then the different motions that came forward before the council tonight.
[3:06:03]
So public hearing, chapter 68, ordinance changes, chapter
[3:06:07]
31, I believe.
[3:06:09]
We talked a little bit about winter parking and
[3:06:13]
the various ordinances associated with that.
[3:06:16]
And where we landed was
[3:06:18]
we need some information about from municipal services,
[3:06:22]
and that's going to stay in legislative from the other ordinance side of things.
[3:06:27]
We also talked about the trash ordinance,
[3:06:30]
and maybe some improvements that go with the sticker-based system that passed
[3:06:34]
in the budget this year,
[3:06:36]
but kind of how we need to align the ordinances as written with that
[3:06:39]
system.
[3:06:41]
We talked about the electronic use policy,
[3:06:44]
and we set our next meeting, which is for
[3:06:48]
Thursday,
[3:06:49]
the 17th at 6:00 PM in the library. And on that, we plan to talk about
[3:06:53]
winter parking, trash,
[3:06:55]
charter section to C34,
[3:07:00]
short-term rentals, and
[3:07:03]
the
[3:07:04]
public hearing procedure that got kicked back to
[3:07:06]
today.
[3:07:12]
Does any of the councilors have questions for the
[3:07:15]
legislative committee?
[3:07:22]
Thank you for that report, Councilor Jacobson.
[3:07:25]
I will now move on to the
[3:07:28]
Muster Committee. And I know that
[3:07:33]
Councilor Hobby isn't here this evening.
[3:07:35]
Is there any other councilors that may have a report for her?
[3:07:38]
If not, we could ask her to give us a report at the
[3:07:42]
workshop.
[3:07:44]
I did not prepare a report. I'm the secretary, but I didn't realize she was absent.
[3:07:48]
Okay, thank you.
[3:07:50]
We could ask for a report at the workshop or an update on
[3:07:54]
the 14th.
[3:07:58]
City Finance Committee.
[3:08:02]
Councilor Carrier.
[3:08:05]
Thank you. The finance committee met on August
[3:08:08]
18th.
[3:08:12]
Had some discussion around our audits and
[3:08:16]
we're on that process.
[3:08:19]
Talked about fiscal year 26 closeout, and based on that
[3:08:23]
discussion,
[3:08:25]
scheduled our next meeting for October 20th
[3:08:28]
at 6:00 at the library.
[3:08:31]
Also had just some discussion about the assessment process, and
[3:08:36]
there's other options on
[3:08:40]
commercial property assessment,
[3:08:42]
and also had some discussion on the
[3:08:46]
city council part of the annual budget process and to see if
[3:08:52]
we can work on ways to
[3:08:55]
have a better budget season next year.
[3:09:02]
Do any councilors have any questions for Councilor
[3:09:05]
Carrier on the finance committee?
[3:09:10]
If not, we will now move on to the Park and Recs Committee.
[3:09:15]
Do we have anybody here to give that report?
[3:09:19]
I know that Councilor Hobby is the chairman.
[3:09:23]
Mr. Mayor, I can give a report.
[3:09:25]
Okay. Councilor Jacobson, thank you
[3:09:30]
Sure thing, Mr. Mayor.
[3:09:33]
So the Parks and Rec committee met on the
[3:09:36]
19th of August up at Bessie Rawl at 6:00 PM.
[3:09:40]
And we talked about, again, the pieces that came before the council
[3:09:44]
today,
[3:09:46]
specifically those two CARs, the
[3:09:48]
ordinance updates on Parks and Rec assets, and shifting the
[3:09:52]
fee schedules.
[3:09:54]
The majority of our conversation centered around a draft use
[3:09:58]
policy for the Parks and Rec department.
[3:10:00]
That's something that
[3:10:02]
Director Carmichael has been working on with public input from
[3:10:06]
our July meeting.
[3:10:10]
And it does things like defines
[3:10:14]
how fees are set, it defines what the Parks and Rec assets
[3:10:18]
are, it defines
[3:10:20]
what priority is given to different organizations for use, and
[3:10:24]
getting permits and things like that.
[3:10:27]
So it's really trying to lay out
[3:10:30]
how the department is going to work.
[3:10:32]
It's pretty comprehensive,
[3:10:35]
and we talked about moving it forward in the beginning of September here,
[3:10:39]
but I
[3:10:41]
think it's going to be pushed, and ultimately will come before the council.
[3:10:44]
But more to come, I think, on that front.
[3:10:48]
And we set our next meeting, I believe, for
[3:10:53]
this upcoming Wednesday,
[3:10:55]
the 2nd. However, I will not be able to attend.
[3:10:59]
Yeah.
[3:11:03]
That's it. That's the end of the report. Sorry.
[3:11:08]
Any councilors have any questions for Councilor Jacobson on the
[3:11:12]
Parks and Rec committee?
[3:11:16]
If not, we will now move on to other business.
[3:11:21]
We will move on to mayor and council appointments.
[3:11:25]
I will start off with the mayors.
[3:11:28]
I have been informed by the chairman of the Conservation Commission
[3:11:32]
that there are three positions whose terms are
[3:11:37]
up in September.
[3:11:39]
And I was also informed
[3:11:41]
that
[3:11:44]
Robert DeRoche, Senior would like to be reappointed to
[3:11:48]
another three years on the Conservation Commission, so
[3:11:52]
I will be doing that this evening. He will be reappointed.
[3:11:56]
But also, we have three vacancies that will be
[3:12:00]
posted
[3:12:03]
for the openings on the Conservation Commission.
[3:12:10]
Yes, we're seeking applicants, and
[3:12:14]
Brenda has been notified, and she will be posting
[3:12:17]
it on the city website.
[3:12:23]
And now we will move on to council appointments.
[3:12:29]
Councilor Johnston.
[3:12:30]
Thank you, Mr. Mayor. I move that Franklin City Council appoint
[3:12:34]
Deborah Burley to the Ward One moderator seat.
[3:12:37]
Second.
[3:12:40]
A motion has been made and seconded.
[3:12:44]
Do we have any discussion on that appointment?
[3:12:51]
If not,
[3:12:53]
I will take a roll call vote.
[3:13:00]
Councilor Boyce.
[3:13:02]
Yes.
[3:13:03]
Council Hoppe? Oh, I'm sorry. Councilor Johnston.
[3:13:07]
Yes.
[3:13:08]
Councilor Jacobson.
[3:13:12]
Yes.
[3:13:13]
Councilor Priebe.
[3:13:15]
Yes.
[3:13:16]
Councilor Forge.
[3:13:18]
Yes.
[3:13:19]
Council Warner.
[3:13:20]
Yes.
[3:13:21]
Councilor Hallett Cook.
[3:13:23]
Yes.
[3:13:25]
Councilor Carrier.
[3:13:27]
Yes.
[3:13:29]
The motion to appoint
[3:13:33]
Deborah Burley
[3:13:37]
has passed with eight votes in favor.
[3:13:42]
Is there any other business to come before this council
[3:13:46]
this evening?
[3:13:48]
Councilor Boyce.
[3:13:49]
Thank you, Mayor. I just have a question for the city manager.
[3:13:51]
Do we know when we're expected to
[3:13:54]
have all the MOUs
[3:13:57]
by people on council that are outstanding?
[3:14:03]
City manager.
[3:14:05]
So they're in various states. Some of them were coming, but most of them
[3:14:08]
were basically waiting for the template that got passed tonight.
[3:14:12]
They'll be based on that template, and they should be coming forth regularly.
[3:14:16]
I won't give all 15 of them to you in one meeting.
[3:14:23]
If you keep your city manager report short, we
[3:14:27]
maybe will get
[3:14:30]
them out.
[3:14:34]
Any other business to come before the council?
[3:14:37]
Councilor
[3:14:38]
Forge.
[3:14:39]
Motion to adjourn.
[3:14:40]
Second.
[3:14:44]
Motion has been made and seconded.
[3:14:47]
All those in favor signify by saying aye.
[3:14:50]
Aye.
[3:14:51]
Aye.
[3:14:51]
Aye.
[3:14:53]
Aye.
[3:14:53]
Any opposed?
[3:14:55]
Point of order.
[3:14:57]
Roll call vote.
[3:14:59]
Councilor
[3:15:10]
Carrier.
[3:15:12]
Yes.
[3:15:13]
Councilor Boyce.
[3:15:14]
Yes.
[3:15:16]
Councilor Johnston.
[3:15:17]
Yes.
[3:15:19]
Councilor Jacobson.
[3:15:23]
Yes.
[3:15:25]
Councilor Priebe.
[3:15:27]
Yes.
[3:15:28]
Councilor Forge.
[3:15:29]
Yes.
[3:15:31]
Councilor Warner.
[3:15:31]
Yes.
[3:15:32]
Councilor Hallett Cook.
[3:15:34]
Yes.
[3:15:35]
We are now adjourned with eight votes in favor.
[3:15:40]
Okay.