Work Session
September 5, 2006
Present were: Mayor Danderson, Councilors Nelson, Poulin, Chagnon, Lafleur, Danderson, Roy and Grenier (6:50 p.m.) Councilor Donovan was absent. Patrick MacQueen, Debra Patrick, Brian Valerino, Peter Morency, John Moulis, David Morrissette, Pamela Laflamme, Ernie Allain, Mark Belanger, media and public
Hiring Freeze Committee
Councilor Lafleur moved to enter into the hiring freeze committee; Councilor Poulin seconded and the motion carried. Councilor Chagnon voted against.
Debbie Patrick reported that her clerk has given notice and she would like to replace the position. Hiring would be budget neutral; the position is 21 hours per week. In response to Councilor Chagnon's question about the number of clerks that have been trained in that position, Ms. Patrick noted that she has trained six clerks in ten years. Councilor Chagnon expressed that something should be done. Councilor Lafleur moved to accept the recommendation of the City Clerk and hire a part time deputy clerk/secretary; Councilor Chagnon seconded and the motion carried. Councilor Roy entered the meeting.
Councilor Lafleur moved to come out of the Hiring Freeze Committee; Councilor Danderson seconded and the motion carried.
EMS Contract Extension
Mr. MacQueen stated that he has drafted a future contract for EMS as well as a six month extension of the current contract. The contract has improved considerably for the better. The contract was slated to be well over $300,000 if Medicare had not changed. Councilor Chagnon moved to approve the extension of six months; Councilor Roy seconded and the motion carried unanimously.
Highway Safety Grant Resolution
Brian Valerino reported that this resolution is for in car cruiser cameras. The grant will match the City’s portion which is already in the budget. Mr. MacQueen suggested introducing the resolution with changes clarifying that the money is already in the budget and does not need to be appropriated.
Modification to the Zoning Ordinance
Mr. MacQueen stated that there is no substantive change being suggested with the amendments; those changes would be made in the interest of clarity. He went on to say that he does not agree with the city allowing this section of Riverside Drive to become commercial. Businesses wanting to establish themselves in this residential neighborhood should be going in the downtown. It was the consensus that the resolution was not likely going to pass.
Youth in Government Day
Councilor Lafleur described a new State mandated curriculum for the High School which includes civics. Mr. Morrissette entered the meeting at this time. Councilor Lafleur went on to say that it would be an asset to the class to incorporate Youth in Government Day where high school students take over the city for a day. He was looking for approval from council and department heads. Mr. Morrissette commented that the program is only manageable to do with one group per year because of block scheduling.
Councilor Grenier entered the meeting at 6:50 p.m. Mayor Danderson offered his support to do a mock council meeting with students. Mr. Moulis reported that on October 26, the Supreme Court will be coming to the Jr. High Auditorium. They will try two cases where attorneys will make their arguments. Schools from the entire North Country will be invited to attend.
Sewer Abatements
Councilor Lafleur moved to enter into the sewer abatement committee; Councilor Poulin seconded and the motion carried.
Ernie Allain established that Glenn Stocker's address was reported to be a business and therefore his sewer bill is at 100% of consumption rather than 80%. Mr. Allain confirmed water consumptions for the last three years with the water department. BWW had no explanation for the spike in water consumption other than it went through the meter.
Councilor Grenier noted that Mr. Stocker should write a letter informing the City of the changes from industrial to residential. Based on receiving such a letter, Councilor Grenier stated that he would have no problem converting this and future bills to the residential sewer rate. Councilor Grenier so moved; Councilor Nelson seconded and the motion carried.
Mr. Allain indicated that there was an additional request for abatement that was missed which is from Employment Security. They have a sprinkler system that waters their lawn. Mark Belanger, Manager for DES noted that the sewer bill has been high due to there being an irrigation system. As manager of the State run office, he was asking for an abatement of the past bill, also stating that there is now a meter in place. Councilor Danderson established that going forward the meter reading can be considered; however going back is not reasonable. Councilor Danderson moved to deny the request; Councilor Lafleur seconded and the motion carried. Councilor Nelson abstained from voting.
Councilor Lafleur moved to come out of the sewer abatement committee; Councilor Poulin seconded and the motion carried.
Non Public Session
Councilor Lafleur moved to enter into non-public session per RSA 91-A:3 (e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the body or agency or any subdivision thereof, or against any member thereof because of his or her membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled. Any application filed for tax abatement, pursuant to law, with any body or board shall not constitute a threatened or filed litigation against any body, board, or agency for the purposes of this subparagraph; Councilor Danderson seconded and the motion carried.
Councilor Grenier moved to seal the minutes of the non-public session until the court has made a ruling; Councilor Roy seconded and the motion carried unanimously by roll call.
Councilor Grenier moved to come out of non-public session; Councilor Chagnon seconded and the motion carried unanimously by roll call.
There being no further business in the work session, Council members moved on to the regular meeting.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
REGULAR CITY COUNCIL MEETING - TUESDAY, SEPTEMBER 5, 2006
Following the Work Session, Mayor Danderson called the Regular City Council Meeting to order. The pledge of allegiance to the flag preceded roll call. Present at roll call: Councilors Nelson, Lafleur, Poulin, Danderson, Roy, Chagnon and Grenier. Councilor Donovan was absent. Also in attendance: Patrick MacQueen, Brian Valerino, Peter Morency, John Moulis, David Morrissette, Pamela Laflamme, Ernie Allain, Mark Belanger, media and public
Minutes, Previous Meetings
Councilor Roy moved with a second by Councilor Danderson to accept the minutes of the 8/21/2006 WS; 8/21/2006 Regular Meeting; 8/28/2006 WS. So moved the motion carried.
Disbursement It was recommended by the Committee on Accounts/Claims that all bills start date: 8/22/ 2006; end date:9/04/2006 be paid for a total cash disbursement of: $1,456,955.08 Draft #1524. Councilor Nelson moved with a second by Councilor Danderson to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims. So moved, the motion carried.
PUBLIC COMMENTS: No public comments.
OLD BUSINESS:
1. Council Committee Reports. Councilor Roy gave the Traffic Safety Committee's recommendations:
- Woodlands Credit Union Request
The Committee voted unanimously to recommend that the Council adopt an ordinance restricting parking for 20' to the south of the northern entrance at the Woodland's Credit Union.
- Croteau Agency Request
The Committee voted unanimously to accept the staff recommendation to deal with the matter informally through the Police Department.
- Baptist Church Safety Concern
The Committee took no action with respect to this item.
- Green Street
There was general agreement that the traffic light should be on blink at least for the duration of the construction or until there is an obvious problem, and also that the "No turn on red" sign needs to be removed as previously instructed Mayor Danderson asked if there is already a parking restriction for 20' before and after the entrance of the Credit Union and Mr. MacQueen clarified that parking is currently allowed to the edge of the current drive.
- Councilor Poulin questioned the reasoning for turning down the request for a four way stop at High Street and School Street. Councilor Lafleur attributed the dangerous intersection to cars going too fast. Councilor Grenier moved to accept the traffic safety recommendations and place on file; Councilor Nelson seconded and the motion carried with Councilor Poulin voting against.
Public Hearing - September 5, 2006 Ordinance: Zoning Map Change for Eighth Street to Twelfth Street. Mayor Danderson called the public hearing to order at 7:30 p.m. and opened the floor to anyone wishing to speak for or against the subject matter. There being no one wishing to speak for or against the subject matter at this time, Mayor Danderson closed the public hearing at approximately 7:31 p.m.
2. Ordinance amending the Zoning Ordinance for the City of Berlin, NH that the Zoning Ordinance of the City of Berlin, NH adopted on November 1, 1999 and amended on November 6, 2000 is hereby amended to reflect the following (Zoning Map/Main Street) (tabled 8/21/06)
- Councilor Lafleur moved with a second by Councilor Danderson to remove the ordinance from the table. Roll call resulted with Councilors Grenier, Roy, Chagnon, Poulin, Nelson and Mayor Danderson voting no. Councilors Lafleur and Danderson voted yes. The motion failed.
NEW BUSINESS:
3. Mayor’s Report
Mayor Danderson reported that Ray Burton did his annual airport tour with Director of Aeronautics Jack Ferns. The main topic of discussion was a proposed Instrument Landing System for the Berlin Airport. Councilor Roy moved to accept the Mayor's report; Councilor Chagnon seconded and the motion carried.
4. Ordinance amending the Code of Ordinances, Chapter 15, Traffic & Vehicles, Article III. Stopping, Standing & Parking Sec. 15-69. Prohibited at all times in designated places.(Woodlands CU)(1st read)
- Councilor Roy moved with a second by Councilor Chagnon to table the ordinance and schedule a public hearing on September 18. So moved, the motion carried.
5. Resolution accepting a donation in the amount of Five Hundred Dollars ($500.00) from the Maine Forest Rally and appropriating such funds to the Recreation Department. (1st read)
- Councilor Nelson moved with a second by Councilor Poulin to table the resolution. So moved, the motion carried.
6. Resolution accepting Standard Specifications for Road Construction as Revised and Amended by the Berlin Planning Board July 5, 2006. (1st read)
- Councilor Danderson moved with a second by Councilor Nelson to table the resolution and schedule a public hearing on September 18. So moved, the motion carried.
7. Resolution authorizing the sale of a portion of Memorial Annex Field land (approximately 50'x194') off the end of Dewey Street and appropriating the $3,000.00 of proceeds from the sale to the Recreation Department for Memorial Annex Field Improvements. (1st read)
- Councilor Lafleur moved with a second by Councilor Poulin to table the resolution and schedule a public hearing on September 18. So moved, the motion carried.
8. Resolution accepting Five Thousand Dollars ($5,000.00) already in the Police Department’s budget for fiscal year 2006-07 from additional grant revenues from the NH Highway Safety Agency. (1st read)
- Councilor Poulin moved with a second by Councilor Nelson to table the resolution at this time. So moved, the motion carried.
9. Resolution appropriating Fifty Thousand Dollars ($50,000.00) from Undesignated Fund Balance to the Police Department Capital Improvement Line Item 01-480-932-0011 Impound Building. (1st read)
- Councilor Chagnon moved with a second by Councilor Grenier to table the resolution and schedule a public hearing on September 18. So moved, the motion carried.
10. Resolution adopting a policy regarding Segregated Funds. (1st read)
- Councilor Roy moved with a second by Councilor Nelson to table the resolution at this time. So moved, the motion carried.
11.Northern Human Services Letter
Program Director Denise Gagnon asked the Safety Committee to expand parking at the Community Services Center on 69 Willard Street by amending the current ordinance which reads “no parking on Granite Street, entire north side” to allow parking on both sides of the street.
- Councilor Roy moved with a second by Councilor Chagnon to accept/file the letter and refer the matter to the Safety Committee for further review. So moved, the motion carried.
12. NCIA Letter from Carol Miller
NCIA VP Carol Miller is disappointed that Council waived the bid requirements for the Police Department’s wireless mesh network. NCIA provided wireless service to the PD for several years. NCIA is a local company which provides 12 jobs in downtown Berlin. Their employees own property, pay taxes and spend money in this community. She feels this work should go out to bid.
- Councilor Roy moved with a second by Councilor Nelson to accept/file the letter. So moved, the motion carried.
13. Androscoggin Valley ATV Club Letter
AV All Terrain Vehicle Club Board of Directors member Henry Sanschagrin informed the Mayor and Council he is available to speak to them or make presentations about park objectives and goals.
- Councilor Lafleur moved with a second by Councilor Poulin to accept/file the letter. So moved, the motion carried.
14. Other. Nothing in other.
15. City Manager’s Report
- Auditors. Here in August to review books and collect info to perform the audit.
- Maps Online. Kevin Flanders updated the program and the maps are up to date for public use.
- Tax Deeded Properties. 161-165 Main Street; 99 Hillside Avenue. Sealed bids accepted 9/12/06 @2:00
- Jehovah Witness Litigation. Now at the interrogatory stage. First hearing the first of 2007.
- Councilor Burton Airport Tour. 8/22/06 Main topic was airport ILS project that the City supports.
- Bureau of Prisons. Written testimony accepted until 9/11/06.
- Phase II - Route 110 Meeting. Canceled for 9/13/06 but will be rescheduled at a later date.
- Unregistered Vehicles. Code Enforcement Officer Joe Martin recently disposed of 7 vehicles last week.
- Electrical Work. Completed at City Hall, District Court and Fire Station, punch list remains.
- Sewer Ordinance. Cathy Conway assisted to update the ordinance for Council review at next meeting.
- LGC Municipal Law Lecture Series. Featured at the AMC Highland Center in Crawford Notch.
- Manager’s Time. Attached.
- Councilor Nelson moved with a second by Councilor Poulin to accept/file the City Manager’s written report. So moved, the motion carried.
16. Public Comments: no public comments
17. Council Comments:
- Councilor Grenier reminded everyone that they are invited to help out at the Notre Dame arena on Saturday 9/08/06 for the Roland Chabot Day to spruce up the arena. Any help will be appreciated.
- Councilor Roy inquired where Joe Martin brings the unregistered cars once they are removed from properties. He added that P&L auto is becoming a problem and junk cars should be behind a fence. If we expect Paul Croteau to comply with junk yard laws, we should expect everyone to do the same.
- City Manager MacQueen reported that Paul Croteau will have a contempt hearing in October.
18. Adjournment. There being no further business to come before Council, Councilor Chagnon moved with a second by Councilor Poulin to adjourn the meeting. So moved, the meeting adjourned at 8:06 p.m.
BERLIN CITY COUNCIL
WORK SESSION
Monday, September 11, 2006 - 6:30pm
Executive Council Chambers of City Hall
Mayor & Council Present Staff Present
Paul Grenier Richard Poulin Pat MacQueen
Dick Lafleur Rick Roy Laura Viger
Ray Chagnon Diana Nelson
Marty Danderson Tim Donovan
Minutes
Paul Grenier was unanimously voted to act as interim chair. He brought the meeting to order at 6:30 pm.
1. Review of Proposed Sewer Ordinance
Pat MacQueen pointed out that the packets contained a marked up version of a proposed new sewer ordinance as well as a clean copy. He said that Cathy Conway had done most of the work in updating this ordinance particularly with respect to industrial pretreatment. He said that the NH DES had reviewed the update and found it to be properly updated with respect to state laws and industrial pretreatment.
He said in addition the staff had tried to better organize the ordinance and make it clearer as it related to sewer extensions, sewer laterals and the like. He pointed out that it included a policy in section 16-126 as previously requested by the Council for well-users which would require the installation by such users who choose to go to a well after January of 2007.
Ray Chagnon reviewed a number of corrections he had found, i.e. insertion of the word "qualified" in Sec 16-45 before the last word of the sentence, insertion of the word "or" in Sec. 16-57a between the words "footage" and "else", deletion of the numeral "1" in "163" in sec. 16-64, deletion of the words "unit per" in sec. 16-124 (2), deletion of the the words "on account" and "as per State RSA" in sec. 16-128 (c) and deletion of all words after "relief" in sec. 16-130 (d) and replacing those with "under RSA 149-I:15".
On motion, the Council voted unanimously to further review of this ordinance at the second work session in October.
2. Review of Proposed Vector Ordinance and Response Plan Resolution
Laura Viger reviewed the proposed vector ordinance with the Council. She pointed out that there can be many vectors for carrying disease and that mosquitos are only one of them. She pointed out that this ordinance and the accompanying response plan were designed to make the city better prepared in the event of some type of disease threat. She said the Resolution Plan was developed by the State and having it in place would put the city in a better position to respond in the event of an illness emergency and would also put the city in a position to apply for state funding.
The Council discussed at some length how tires are kept and maintained in relation to the ponding water they can create. They like the way sections 7-30 and 7-31 were written requiring proper storage and disposal of tires.
The Council talked about what criteria other communities used for deciding to spray or not to spray.
Several Councilors commented that they though this was a very good ordinance and that it should strengthen the City's hand with respect to problem properties in the City.
Paul Grenier said he felt this was a good ordinance but that in fairness the business that would be impacted should be notified in advance of it by sending it to them and then holding a public hearing to allow them to respond to it. This would eliminate any surprises. The rest of the Council agreed with this idea and agreed that impacted businesses should be notified and that a Public Hearing be set for the Council Auditorium for the 2nd Monday in November at 6:30pm.
3. Cell Tower Notices from Gorham and Shelburne Planning Boards
The Council briefly discussed these notices and unanimously voted to place them on file.
There being no other business, the meeting adjourned on unanimous vote at 7:30pm.
Respectfully submitted,
Patrick MacQueen, City Manager
| 
