City of Berlin, NH - City Council Minutes 09/18/2006

City Council Minutes 09/18/2006


	Work Session September 18, 2006 Present were Mayor Danderson, Councilors Nelson, Poulin, Grenier, Chagnon, Lafleur, Donovan and Danderson; Councilor Roy was absent. Patrick MacQueen, Ernie Allain, Robert Pelchat, Paul Croteau, Pete Morency, Jon Edwards, media and public were also present. Mill Hydro Valuation Mr. MacQueen reported that the mill hydro valuation could be scheduled for some time in the near future. At this time, it may only be appropriate to continue with the process of hiring a qualified consultant. If there are several who would be qualified to do this kind of work, the City could also seek proposals for the professional services. Councilor Grenier mentioned that he saw Skip Sansoucy in passing and, he indicated that he could not begin the work until February or March. He could also arrange to bill in the next fiscal year. Councilor Grenier went on to say that Mr. Sansoucy cautioned against singling out Brookfield without valuing other utilities. Mr. MacQueen acknowledged that Mr. Sansoucy is a good expert familiar with Berlin and he has done this kind of work many times before. The City would need a clear understanding of all the costs including litigation cost prior to moving forward. It was the consensus of the Council that the City Manager would be authorized to negotiate an agreement for values of all utility property in the City for the final approval of the City Council and Board of Assessors. Councilor Grenier asked if any members of the BOA had input and Mr. Pelchat commented that the board would prefer a competitive bid because Sansoucy's prices are high. Councilor Grenier noted that there is a time schedule with an April 1 deadline. Mr. MacQueen noted that he would be back in a few weeks with enough information to make a decision. Councilor Donovan expressed concern that Mr. Sansoucy=s numbers have been divulged. Mr. MacQueen explained that the City would not seek a bid in this case because the work to be done is a professional service. The City would be looking for qualifications and Mr. Sansoucy would be free to change any figures he has already submitted. Other - Public Works Update Ernie Allain reviewed the projects Public Works has been working on over the summer. Painting, paving, curbs, cemeteries, hand rails, guard rails, general work, garage work and sewers were all discussed. Councilor Donovan mentioned that some of the catch basins have sunk and Mr. Allain noted that PWD is raising as many as possible. Petrograd Street/Russian Street is on the list for a drain. PWD has received a spec for a membrane for Mason Street Bridge. If the work is completed as planned, the bridge could be closed for two weeks. Considering other construction in the City, it may be more feasible to wait to do the project. Councilor Donovan reported his concern with the green space proposed along Caron Building Center. He questioned who would maintain the space and whether it would grow grass because of the propensity to place snow in such spaces. He added that it is not his intention to take away from the beautification of the area but he is looking at the practicality. Mr. MacQueen proposed meeting with the owners of the adjoining properties. Non-Public Session Councilor Poulin moved to go 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…; Councilor Danderson seconded and the motion carried unanimously by roll call. Litigation regarding a tax deeded property was discussed. Councilor Chagnon moved to come out of non-public session; Councilor Danderson seconded and the motion carried unanimously by roll call. Respectfully submitted, Susan Tremblay Administrative Assistant REGULAR CITY COUNCIL MEETING - MONDAY, SEPTEMBER 18, 2006 Public Hearing - September 18, 2006 Ordinance: No parking 20' South of Northerly Entrance to Woodlands' Credit Union; Resolution Accepting Street Standards; Resolution Selling a Piece of Land Adjacent to Annex Field; Resolution Appropriating $50,000 to the PD for an Impound Building. 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. Steve Bouchard, 497 Goebel Street commented on the ordinance for No Parking 20' South of the Northerly Entrance to the Woodland's Credit Union on behalf of Ron=s Variety which is owned by his daughter. He agreed that there needs to be some action due to safety issues. He also questioned whether this would solve the problem. There being no further comments, Mayor Danderson closed the public hearing at 7:35 p.m. Following the Public Hearing, 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, Chagnon, Donovan and Grenier. Councilor Roy was absent. Also in attendance: Patrick MacQueen, Pete Morency, and Kate Bugeau, media and public Minutes, Previous Meetings Councilor Donovan moved with a second by Councilor Danderson to accept the minutes of the 9/5/06 WS; 9/5/06 Regular Meeting; 9/11/06 WS. So moved, the motion carried. Disbursement: It was recommended by the Committee on Accounts/Claims that all bills start date 9/5/2006; end date 9/18/2006 be paid for a total cash disbursement of: $999,697.53 Draft #1525. 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: none 1. Council Committee Reports. none 2. Ordinance: No parking 20' South of Northerly Entrance to Woodlands' Credit Union (tabled 9/05/06) Be it ordained by the City Council of the City of Berlin as follows: That Sec. 15-69. be amended to add the following New Language between references to Main Street and Mannering Street Sec. 15-69. Prohibited at all times in designated places. (a) When signs are erected, or other markings made, giving notice thereof, no person shall park a vehicle at any time upon any of the following streets or parts of streets longer than necessary to load or unload passengers or commodities: Main Street, east side, starting at the southern edge of the northern entrance to the Woodland's Credit Union (730 Main Street) for a distance twenty feet (20') to the south. This Ordinance shall be in full force and effect from and after passage - Councilor Donovan moved with a second from Councilor Nelson to remove the ordinance from the table. So moved, the motion carried. Councilor Grenier opposed. - Councilor Donovan moved, with a second from Councilor Nelson, to have the ordinance read for a second time by short title only. So moved, the motion carried. Councilor Grenier called for discussion and reasoned that the additional no parking will have a negative impact on Ron=s Variety and Lam=s Kitchen. He noted that 20' is too much. - Councilor Donovan moved, with a second from Councilor Nelson, to have the ordinance read for a third time by short title only. So moved, the motion carried; Councilor Grenier voted against. - Councilor Donovan moved, with a second from Councilor Nelson, that the ordinance be passed. Roll call vote resulted in a tie and the ordinance did not pass. Councilors Poulin, Chagnon, Grenier and Mayor Danderson voted against. The motion failed. 3.Resolution Accepting $500 from the Maine Forest Rally and Appropriating to Recreation Department (tabled 9/05/06)Resolved by the City Council of the City of Berlin as Follows Whereas, the Maine Road Rally held a race in the Berlin area for the first time in 2006; and Whereas, the group was made to feel welcome and intend to return to Berlin next year; and Whereas, the Maine Forest Rally donated the sum of $500.00; and Whereas, the City Council agreed to use the funds for next year's road rally. Now therefore be it resolved by the Mayor and City Council of Berlin that a donation of Five Hundred Dollars ($500.00) from the Maine Forest Rally is hereby accepted and appropriated to the Recreation Department in Account # 01-450-625-0000 to defray the cost of next year's rally. This Resolution shall be in full force and effect from and after passage - Councilor Lafleur moved with a second from Councilor Poulin to remove the resolution from the table. So moved the motion carried. - Councilor Lafleur moved, with a second from Councilor Poulin, for a second reading of the resolution by short title only. So moved, the motion carried. - Councilor Lafleur moved, with a second from Councilor Poulin, for a third reading of the resolution by short title only. So moved, the motion carried. - Councilor Lafleur moved, with a second from Councilor Poulin, to pass the resolution. Roll call resulted in unanimous affirmative votes of Council including Mayor Danderson who declared the resolution passed. 4. Resolution Accepting Street Standards (tabled 9/05/06) Resolved by the City Council of the City of Berlin as Follows Whereas, Minimum Standards for Subdivision Streets were adopted by the Berlin Planning Board August 4, 1988, and Whereas, those standards were revised and amended by the Planning Board July 5, 2006; Now therefore, be it resolved by the Mayor and City Council of Berlin that the Standard Specifications for Road Construction last revised and amended by the Planning Board on July 5, 2006 are hereby accepted and endorsed by the Mayor and City Council as the standard for all new road constructions projects in the City of Berlin. This Resolution shall be in full force and effect from and after passage. - Councilor Donovan moved, with a second from Councilor Chagnon, to remove the resolution from the table. So moved the motion carried. - Councilor Donovan moved, with a second from Councilor Chagnon, to have the resolution read a second time by title only. So moved, the motion carried. - Councilor Donovan moved, with a second from Councilor Chagnon, to have the resolution read a third time by title only. So moved, the motion carried. - Councilor Donovan moved, with a second from Councilor Chagnon, to pass the resolution. Roll call resulted in unanimous affirmative votes of Council including Mayor Danderson who declared the resolution passed. 5. Resolution Selling a Piece of Land Adjacent to Annex Field (tabled 9/05/06) Resolved by the City Council of the City of Berlin as Follows: - WHEREAS, the City of Berlin owns the Memorial Annex Field land (Map 121 Lot 13) located off Dewey Street behind and adjacent to parcels Map 120, Lots 83, 84 and 85; and - WHEREAS, Laurie and Robert Goulet of 463 Madison Avenue have offered to purchase some of the land behind their home for $3,000.00; and - WHEREAS, it has been determined that there is no public interest in retaining the land; and - WHEREAS, the land proposed for purchase must be divided from the Annex Field parcel; and - WHEREAS, all costs associated with the lot line adjustment process, including surveying will be borne by the purchaser; and - WHEREAS, proceeds from the sale will be appropriated to the Recreation Department as a capital item for improvements on Annex Field. Now therefore, be it resolved by the Mayor and Council of the City of Berlin that they hereby authorize the sale of a proposed parcel (approximately 50' X 194') of Memorial Annex Field land (Map 121, Lot 13) behind and adjacent to private parcels on Madison Avenue known as Map 120, Lots 83, 84 and 85, for the agreed upon amount of $3,000.00 upon the completed lot line adjustment of the new parcel to Laurie and Robert Goulet. Be it further resolved that the City Manager is hereby authorized to proceed with the lot line adjustment of the proposed parcel on the condition that the purchasers agree to pay all costs associated with the lot line adjustment and transfer of the parcel, and further that the City Manager is hereby authorized to quitclaim deed the newly divided parcel to the Goulet's on payment of the agreed amount of $3,000.00. Be it finally resolved that the $3,000.00 of proceeds from the sale is hereby appropriated to the Recreation Department as a Capital Item for improvements to Memorial Annex Field. This Resolution shall be in full force and effect from and after passage - Councilor Nelson moved, with a second from Councilor Donovan, to remove the resolution from the table. So moved the motion carried. - Councilor Nelson moved, with a second from Councilor Donovan, to have the resolution read a second time by title only. So moved, the motion carried. - Councilor Nelson moved, with a second from Councilor Donovan, to have the resolution read a third time by title only. So moved, the motion carried. - Councilor Nelson moved, with a second from Councilor Donovan, to pass the resolution. Roll call resulted in unanimous affirmative votes of Council including Mayor Danderson who declared the resolution passed 6. Resolution Appropriating $5,000 to the Police Department from the NH Highway Safety Agency (tabled 9/05/06)Resolved by the City Council of the City of Berlin as Follows: - Whereas on April 6, 2006, a resolution was passed authorizing the Berlin police commission to apply for and receive funds for any and all purposes from the New Hampshire highway safety agency for highway safety project grants; and - Whereas there is a need to provide documentation in court of motor vehicle operators who commit driving violations, and this can best be accomplished by audio/video recording specific details such as the vehicle's operation and behavior of the operator and its occupants; and - Whereas audio/visual recordings act as a deterrent to disorderly behavior once the operator has been informed that his/her behavior is being visually documented; and - Whereas grant funds are available for the purchase of acquiring in-cruiser audio/video systems for the above purposes. Now therefore be it resolved by the City Council of the City of Berlin that the sum of Five-Thousand Dollars ($5,000.00) is hereby accepted. This Resolution shall be in full force and effect from and after passage. - Councilor Lafleur moved, with a second from Councilor Danderson, to remove the resolution from the table. So moved the motion carried. - Councilor Lafleur moved, with a second from Councilor Danderson, to have the resolution read a second time by title only. So moved, the motion carried. - Councilor Lafleur moved, with a second from Councilor Danderson, to have the resolution read a third time by title only. So moved, the motion carried. - Councilor Lafleur moved, with a second from Councilor Danderson, to pass the resolution. The vote resulted in unanimous affirmative votes of Council including Mayor Danderson who declared the resolution passed 7. Resolution Appropriating $50,000 to the Police Department for an Impound Building (tabled 9/05/06) Resolved by the City Council of the City of Berlin as Follows: - Whereas, the Mayor and Council have supported the Police Department's commitment to removing unregistered vehicles from properties, as the law allows; and - Whereas, space at the Police Department is limited; and - Whereas, adding an impound building adjacent to the Police Department's current site would provide a secure, temporary, location for impounded vehicles as well as storage for evidence. Now therefore be it resolved by the Mayor and City Council of Berlin that Fifty Thousand Dollars ($50,000.00) is hereby appropriated from Undesignated Fund Balance to the Police Department Capital Improvement line item 01-480-932-0011 Impound Building. This Resolution shall be in full force and effect from and after passage. - Councilor Donovan moved with a second from Councilor Nelson to remove the resolution from the table. So moved, the motion carried. - Councilor Donovan moved, with a second from Councilor Nelson to have the second reading of the resolution. So moved, the motion carried. Councilor Grenier called for discussion. He stated his opposition to the funding mechanism being used to pay for the impound building. He noted that the PD should be contributing from their current budget. - Councilor Donovan moved, with a second from Councilor Nelson to have the third reading of the resolution. So moved, the motion carried. - Councilor Donovan moved, with a second from Councilor Nelson to pass the resolution. Roll call resulted with Councilors Grenier and Lafleur voting no and Councilors Poulin, Chagnon, Nelson, Donovan, Danderson and Mayor Danderson voting affirmatively. Mayor Danderson declared the resolution now passed. 8. Resolution Adopting a Policy for Segregated Funds (tabled 9/05/06) Resolved by the City Council of the City of Berlin as Follows: - Whereas, the City of Berlin has never followed the path of capital reserves held by the trustees of trust funds which is utilized by other municipalities in the state, but has instead developed its own practice of "segregating funds" as a means of carrying appropriated but unspent funds in one year forward to the next year as a reserve for the purpose originally intended; and - Whereas, this "segregated funds" practice followed by the city has never been reduced to a written policy; and - Whereas, the mayor and council see the need to reduce this practice to a written policy regarding a significant financial process utilized by the city. Now therefore be it resolved by the Mayor and Council of the City of Berlin that it hereby adopts the following policy with respect to Segregated Funds: a.Each year in July, just after the beginning of the new budget, Departments may submit requests for segregated funds to the City Manager. b. To be eligible for segregation, the funds must be a capital item in the prior year budget or a capital item segregated from an earlier prior year. c. The City Manager will review these requests with each Department and just like the budget submission; make a Segregated Funds submission each year in August to the Mayor and Council in the form of a Resolution showing the Department Request for segregation and the City Manager's recommendation for Segregated Funds. d. The Mayor and Council will review this Resolution and adopt it with any changes it deems appropriate in the same manner it adopts the budget. e. The Segregated Funds Resolution adopted by the Mayor and Council will become part of the City Annual Operating Budget. As with any other Capital Item, segregated funds must be spent for the capital purpose they were originally appropriated for unless a specific change of capital purpose is approved by the Mayor and Council. This Resolution shall be in full force and effect from and after passage - Councilor Donovan moved, with a second from Councilor Danderson, to remove the resolution from the table. So moved the motion carried. - Councilor Donovan moved, with a second from Councilor Danderson, to have the resolution read a second time by title only. So moved, the motion carried. - Councilor Donovan moved, with a second from Councilor Danderson, to have the resolution read a third time by title only. So moved, the motion carried. - Councilor Donovan moved, with a second from Councilor Danderson, to pass the resolution, noting that each Council member should have a copy for their Council Handbook. Roll call resulted in unanimous affirmative votes of Council including Mayor Danderson who declared the resolution passed 9. Mayor’s Report. Mayor Danderson reported the State has contacted 15 independent power producers about starting a plant in Berlin, and only one responded but then backed out. He advocated asking Senator Gallus to reintroduce the bill allowing PSNH to build. It is important for the city to have a renewable power plant here. It would provide good paying jobs in the City as well as in the woods. The Mayor went on to say that the Legislature was lied to by lobbyists when they were told that there would interest by private companies and it was not true. He asked that a letter be sent in support of reintroducing the legislation. Councilor Grenier moved, with a second from Councilor Nelson to reintroduce the bill and show support. So moved, the motion carried. Councilor Grenier added that he will ask the Coos County Commissioners to send a letter as well. Councilor Donovan commented that Exit 1 in Salem still does not have appropriate pictures of the Great North Woods. Councilor Donovan moved, with a second from Councilor Nelson to send a letter to Commissioner Bald requesting that the effort be done as soon as possible. So moved, the motion carried. Mayor Danderson read a Proclamation for Berlin's Downtown Revitalization Professionals Day proclaiming Wednesday, September 20, 2006. - Councilor Lafleur moved, with a second from Councilor Poulin to accept the Mayor's report. So moved the motion carried. 10. Ordinance Vector Control (1st read) - Councilor Donovan moved, with a second from Councilor Chagnon to table the ordinance for an October 2, 2006 public hearing. So moved, the motion carried. 11. Resolution Adopting the Arboviral Illness Surveillance, Prevention and Response Plan (1st read) - Councilor Donovan moved, with a second from Councilor Nelson to table the resolution for an October 2, 2006 public hearing. So moved, the motion carried. 12. Other Nothing in other. 13. City Manager's Report -Tax Deeded Properties. Bids were opened for 99 Hillside Avenue and 161-165 Main Street -Phase II - Route 110 Meeting Re-scheduled. The meeting will be held October 3 at 10:00 a.m. -BIDPA Meeting with Maura Carroll. Ms. Carroll, legal counsel for the Local Government Center met with BIDPA to review RSA 162G -Tax Abatement Litigation. Two abatement cases from the City's recent revaluation are being appealed to the Superior Court. They are Liberty Garden Partnership and Dumoulin/Cotnoir -Chlor-Alkali Facility Health Assessment. Public comment period is open until October 16, 2006. DES has published a public health assessment for the former facility in Berlin -NH To Do Magazine Article. Sharon Penney wrote an article about Berlin for this publication -Riverfire. Saturday October 28, 2006 is the date. Councilor Donovan asked what happened to the committee charged with reviewing the possibility of consolidating the City's Sewer Department with BWW. Mr. MacQueen noted that the committee met only once and there were concerns. Councilor Donovan moved, with a second from Councilor Nelson, to accept the Manager's Report. So moved, the motion carried. 14. Public Comments Steve Bouchard, expressed concern for the future of the north country. He asked if the City had ever entertained interest in a trash to energy plant. 15. Council Comments Councilor Poulin commented that he was on Kent Street recently and there was an odor similar to a cesspool. Councilor Grenier remarked that not all those odors are coming from Mt. Carberry but may be coming from the Dummer yard site. He added that they are not a health hazard and the DES is in the city working on the problem. 16. Adjournment Councilor Chagnon moved with a second from Councilor Poulin to adjourn. The meeting ended at 8:50 p.m.