Council is attempting to amend City Charter by resolution

To The Daily Sun,

On Monday, April 22, the Laconia City Council will tentatively hold a “public hearing” supposedly in accordance with RSA 31:95-e, a Resolution regarding the acceptance of personal property. The unnumbered Resolution is relative to the acceptance of personal property donated TO TOWNS AND VILLAGE DISTRICTS, none of which is included in RSA 49-B HOME RULE RSAs.

What has prompted the City Council to address Gifting to City which had been ongoing for years? This Resolution is another attempt to AMEND the City’s Charter by RESOLUTION which on Nov. 9, 2015, a first reading of a resolution to add RSA 31:95-b passed 1st reading but required 2nd reading, for “funds” ($3,000) made available during the year (Item 16.C.iv was tabled at the meeting of 11/23/2015 pending the outcome of legal matters).

TITLE III, TOWNS, CITIES, VILLAGE DISTRICTS, AND UNINCORPORATED PLACES DISTINGUISHES a TOWN BY CHAPTER 31, POWERS AND DUTIES OF TOWNS WITH MISCELLANEOUS SECTIONS, AND CITY BY CHAPTER 49-B HOME RULE-MUNICIPAL CHARTERS WITH MISCELLANEOUS SECTIONS.

According, why since Nov. 23, 2015, has the council attempted to Circumvent RSA 49-B:5 Charter Amendments by implementing Laws applicable to Towns is a democratic form of government which has one person one vote verse the City of Laconia which is a Republic, a Representative form of Municipal government?

What is the need of a new Resolution? Not so many years back, an anonymous individual gifted $15,000 to the city. The check was deposited into the General Fund which is a responsibility for a major downtown project.

Gifting of money or property should be Transparent. Gifting must remain under council scrutiny. Questions beg answers before a public hearing: what is the Property and Location? Is the City of Laconia going to incur any cost after acceptance of property? What is the assessed value of property? If the owner of the “property” is or are paying taxes on $1,001,500 and the owners felt if it gifted to the City with a provision that the current owners will make all repairs with improvement over a 20-year period.

Once accepted, will the Property taxes summarily be void? The City is exempt from taxes and its insurance would cover and liability or loss thereof.

The use of Town laws RSA 31 at the very least the city shall first be empowered by the Legislature to adopt such law. A legal opinion must support such action and determine if in fact the item is not a charter amendment. A charter amendment is the only mechanism for changing the Charter. A public hearing is the opportunity for public comment. No facts, no comments!

RSA49-B:4-f Definition of Amendment. — For purposes of this chapter, an “amendment” to a municipal charter shall mean any “change” to an existing charter that does not constitute a revision under RSA 49-B:4-d.

Charter Amendments, Procedure. — The municipal officers may determine that one or more amendments to the municipal charter are necessary and shall, by order, provide for notice and hearing on them. The notice of the hearing shall be published in a newspaper having general circulation in the municipality at least 7 days prior to the hearing, and shall contain the text of the proposed amendment and a brief explanation. Per RSA 49-B:5

Thomas A. Tardif

Laconia