Work Session
November 20, 2006
Present were: Councilors Nelson, Poulin, Roy, Grenier, Chagnon, Donovan and Lafleur; absent were Councilor Danderson and Mayor Danderson. George (Skip) Sansoucy, Pamela Laflamme, Pete Morency, Andre Caron, Jon Edwards, Patrick MacQueen, media and public were also present.
Councilor Donovan moved to appoint Councilor Grenier as chair of the work session and the regular meeting; Councilor Chagnon seconded and the motion carried.
Mill Valuation Additional Information
Mr. MacQueen noted that Skip Sansoucy sent an updated proposal outlining costs for hydro assessment figures that would be court ready. Litigation is very expensive. He acknowledged the need for continuity with hydros and it would make sense that all the hydros in the City be valued the same way. The Fraser Mill has been sold to NADC and they are in the process of dismantling. Councilor Chagnon emphasized that the mill still owns property in Berlin, thereby the City still has an agreement on assessment in place. Mr. MacQueen went on to say that Fraser owns 10 or 15 small properties in the city. As of April 1, we will need to value the mill site in its present state. Skip is prepared to go onto the property on April 1 with a list of taxable property that he had prior to the sale and make comparisons.
Mr. Sansoucy noted that there has been a letter agreement with Fraser and Great Lakes Hydro on the assessment figures for the mill. The values will need to be updated. He stated that he valued all the utilities in Berlin through the 90's. All the work is still computerized and there is the ability to inventory what has been removed and what is still there. Mr. Sansoucy indicated that the railroad bridges are taxable.
Mr. Sansoucy questioned whether the water treatment plant was still part of the parcel and there was some indication that it will be sold. Mr. Sansoucy mentioned the new electric dispatch center that was built into the boiler room at the mill, stating that if it still exists, it is taxable. There is also an electric grid and penstocks. The scale house is staying for now. All of these are in addition to the hydro plants for which the value has gone up due to high cost of oil.
Mr. Sansoucy reported that from a point of continuity, the entire class of utilities should be valued. If we bring the mill up to an 07 value, then PSNH should be brought up as well. If it is decided that the assessment numbers in the agreement will stand, then the City should extend the other utilities by one year. Councilor Grenier related that there is also an out of court settlement with the gas pipeline on assessments. Mr. MacQueen reiterated Mr. Sansoucy's contention that all utilities in one class would have to be valued so as not to discriminate one utility from the other.
Mr. Sansoucy advised that if the agreement is honored for one more year, then the 3 hydros would be valued for budget purposes. If the agreement is not honored, then the entire class would be valued beginning in 1/07. If they do honor the agreement, then the reval would be done in 08. Mr. MacQueen established that to move forward, the City needs to know whether the agreement will be honored or not.
Mr. Sansoucy reported that the hydros are very valuable properties. He added that there is a tendency to overvalue hydros and he will not push by putting a value that he cannot defend. Councilor Grenier noted that Great Lakes has been doing repairs that will be taxable. Mr. Sansoucy noted that the value on Riverside was always a little higher because of the growth potential that was in the permit.
Mr. Sansoucy reported that he has been subpoenaed to turn over records from the spinoff between Crown and James River dispute. Georgia Pacific bought James River and Crown is the plaintiff in the case.
Mr. Sansoucy reported that he has kept the values consistent with his clients up and down the river. If the numbers ever need to be defended, a pool of communities could be created to share cost. Councilor Chagnon made the point that if the mill were in operation, we have agreement up to 3/31/2008. The existing agreement specifies deletions and additions will not be considered. Mr. MacQueen noted that legal strategy should be discussed in non-public session.
Chair Grenier stated that it would be in the best interest of the city to get the valuation done.
Brownfield Grant
Andre Caron reported that he has a resolution in the regular session that would authorize application for a $200,000 grant for remediation of the Notre Dame building. The grant is due 12/8 with an award date of 4/2007. There is a requirement for match of $40,000 which would come from the City's budget amount for dilapidated buildings. Regardless of what we do with the building, selling it or tearing it down, this work has to be done. The estimate for remediation was for $275,000; however that is for the most intense course of action. DES will write a letter of support for the project.
North and West Opportunity Initiative Matching Grant Program.
Pamela Laflamme reported that Commissioner Bald informed Berlin that this fund was recapitalized by Governor and Council. Funding would be used as match for the Tillotson money and the grant seeks to focus on potential for re-use of the 121 acre mill site. The application was submitted to meet the grant's deadline; however a successful application hinges on having a resolution of the Council.
Traffic Safety Recommendations
Mr. MacQueen reasoned that the traffic safety recommendations were tabled at the prior meeting stalling all actions of the committee. Councilor Chagnon stated that he intends to bring the issue of 15 minute parking in front of the day care center off the table and the remaining recommendations would not be removed. Councilor Roy expressed his frustration that the committee meets and considers the requests, and then their recommendations are shot down. Councilor Donovan noted that when the recommendations were tabled, the motion was non-debatable.
Chair Grenier commented that he sat on the safety committee for several years and the sense was that unless there are extending circumstances, things don’t get changed. Councilor Donovan reasoned that times change, demographics change, businesses change and the ordinances have to change to accommodate what is going on around them.
Other - Wetland's Board Letter of Support
Councilor Chagnon moved to send a letter supporting the wetlands application of the Bureau of Prisons; Councilor Lafleur seconded and the motion carried. Councilor Roy opposed.
Sewer Ordinance
Mr. MacQueen stated that the Water Works is not yet ready with a proposal to install water meters for the city to measure the outgoing water for homes with wells. It was suggested that the first reading of the sewer ordinance be delayed until the next meeting.
Councilor Nelson so moved, Councilor Donovan seconded and the motion carried.
Mr. MacQueen briefly explained that item #7 regarding crosswalks simply adopts the standard for the ordinances.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
PUBLIC HEARING - November 20, 2006
Resolutions: 1)$100,000 Tillotson Fund; 2) PD $45,000 appropriation for outside details revenues;
3)PD pick up truck seatbelt campaign; 4)Planning Board lot line adjustment on Gilbert St. Mayor Pro Tem Grenier opened the public hearing at 7:42 p.m. to accept public comments on the subject matters. There being no one willing to speak for or against the subjects, Mayor Pro Tem Grenier closed the public hearing at 7:43 p.m.
REGULAR CITY COUNCIL MEETING - MONDAY, NOVEMBER 20, 2006
Due to Mayor Danderson’s absence, Mayor Pro Tem Grenier opened the regular City Council Meeting at 7:43 pm. The pledge of allegiance to the flag preceded roll call. Present at roll call: Councilors Nelson, Donovan, Lafleur, Poulin, Chagnon, Roy and Grenier. Councilor Danderson was absent. Also present: City Manager MacQueen, Andre Caron, Pam Laflamme, and the press.
Minutes, Previous Meetings
Councilor Roy moved with a second by Councilor Chagnon to accept the minutes of the 11/06/06 WS; 11/06/06 Regular Meeting and 11/13/06 WS. So moved, the motion carried.
Disbursement: The disbursement portion of the agenda was erroneously omitted. Councilor Roy moved with a second by Councilor Nelson to add Disbursements to the agenda. Roll call resulted in unanimous affirmative votes. It was recommended by the Committee on Accounts/Claims that all bills start date 11/07/2006; end date 11/20/2006 be paid for a total cash disbursement of: $1,090,196.98 Draft #1529. Councilor Nelson moved with a second by Councilor Lafleur 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
1. Council Committee Reports. Safety Committee Recommendations by Councilor Roy:
1. Northern Human Services Request. To allow parking on the northwest side of Granite Street where it is currently “no parking” from the intersection of Mason to School Streets.
2. Day by Day Child Care Center Request. To install a 15 minute parking space in front of 283 Pleasant Street and also install a crosswalk at that location.
3. Flashing Lights at Green/Pleasant Streets. No action taken.
- Councilor Chagnon moved with a second by Councilor Roy to remove the Safety Committee recommendations from the table at this time. Mayor Pro Tem Grenier voted no. So moved, the motion carried.
- Councilor Chagnon moved with a second by Councilor Poulin to delete all Safety Committee recommendations except the 15 minute parking space in front of 283 Pleasant Street. So moved, the motion carried and items # 8 & 10 were removed from the agenda.
Councilor Nelson asked for clarification since one of the recommendations had two separate ordinances attached. Councilor Roy explained that Councilor Chagnon’s motion eliminates Safety Committee recommendations #1 but #2 also mentions a crosswalk so agenda #8 should also stay on the agenda.
Councilor Chagnon replied his motion did not mention a crosswalk but only mentions 15 minute parking.
Mayor Pro Tem Grenier clarified the unanimous action of the body was to delete items 8 & 10. Councilor Donovan added that the confusion is because the agenda separates the items but the Safety Committee recommendations do not match the agenda.
- Councilor Donovan moved with a second by Councilor Poulin to accept the amended Safety Committee recommendations which keep #9 on the agenda. Roll call resulted in Councilors Chagnon, Poulin, Lafleur, Donovan, Mayor Pro Tem Grenier voting yes and Councilors Roy and Nelson voting no. The motion passed.
2. Resolution authorizing applications to the Neil and Louise Tillotson Fund for a One Hundred Thousand Dollar ($100,000) grant to develop reuse options for the mill site and appropriating said grant to the Planning Department.(tabled 11/06/06)
Resolved by the City Council of the City of Berlin as follows:
- Whereas, since the 1800's the 121 acre site of the existing paper mill has been occupied by buildings and machinery involved in the paper-making process; and
- Whereas, the site has been sold to North American Dismantling and is slated for demolition; and
- Whereas, the company is willing to work with the City to develop future uses for the site; and
- Whereas, the City Council recognizes that the change of use at the paper mill site has the potential to redefine Berlin’s identity; and
- Whereas, funds are available for North Country projects through the Neil & Louise Tillotson Fund;and
- Whereas, matching funds in the amount of $15,000 shall be made through in-kind contributions of staff and volunteer time; and
- Whereas, administration of said grant funds would be done in house with all grant proceeds being deposited with the City Treasurer and any additional use of the funds beyond the scope of work as listed in the application requiring prior approval of the City Council; and
- Whereas, the grant would seek funds hold a series of community forums, purchase special computer software and hire a consultant to help create a menu of options for the site. Now therefore, be it resolved by the City Council of the city of Berlin as follows: the City Manager is authorized to sign and submit an application to the Neil and Louise Tillotson Fund for One Hundred Thousand Dollars ($100,000) to develop reuse options for the mill site; and the City Manager is authorized to sign all documents and do all things necessary to effectuate the grant; the City Manager is further authorized to receive said grant and the grant proceeds are hereby appropriated, in addition to al other funds, for the purpose of the grant. This resolution shall be in full force and effect from and after passage.
- Councilor Lafleur moved with a second by Councilor Chagnon to remove the resolution from the table at this time. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Chagnon to have the resolution read a second time by title only. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Chagnon to have the resolution read third time by title only. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Chagnon to pass the resolution. So moved, the motion carried and Mayor Pro Tem Grenier declared the resolution now passed.
3. Resolution appropriating Forty-Five Thousand Dollars ($45,000) to the Police Department’s budget Outside Overtime (01-420-116-3000) appropriation for fiscal year 2006-2007 to be offset by revenues received for outside overtime details (01-364-603-6004). (tabled 11/06/06)
Resolved by the City Council of the City of Berlin as follows:
- Whereas, past practice dictated that Police Department outside overtime details be paid from a zero- appropriation line item entitled Outside Overtime and reimbursements received for said details were deposited into the same account; and
- Whereas, in August 2006, the City auditors recommended the outside overtime line item be funded by appropriation and offset with corresponding revenue line item; and
- Whereas, at 33% into the fiscal year, the Police Department’s outside overtime expenses have exceeded $25,000; and
- Whereas, additional outside overtime expenses and offsetting revenues are anticipated. Now therefore, be it resolved by the City Council of the City of Berlin, NH that the sum of Forty-Five Thousand Dollars ($45,000) is hereby appropriated to the police Department budget for expenses related to outside overtime and further that the above sum is in addition to all other previously appropriated funds for the Berlin Police Department Fiscal Year 2007 Budget. This resolution shall be in full force and effect from and after passage.
- Councilor Donovan moved with a second by Councilor Nelson to remove the resolution from the table at this time. So moved, the motion carried.
- Councilor Donovan moved with a second by Councilor Nelson to have the resolution read a second time by title only. So moved, the motion carried.
- Councilor Donovan moved with a second by Councilor Nelson to have the resolution read third time by title only. So moved, the motion carried.
- Councilor Donovan moved with a second by Councilor Nelson to pass the resolution. Roll call resulted in unanimous affirmative votes of Council including Mayor Pro Tem Grenier. The resolution was passed.
4. Resolution appropriating the sum of Eight Hundred Thirty-Seven Dollars and Seventy-Five Cents ($837.75) to the Police Department for the purpose of effectuating the Pickup Truck Seatbelt Campaign Grant awarded by the NH Department of Highway Safety (tabled 11/06/06)
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 accept funds for nay and all purposes from the NH Department of Highway Safety for Highway Safety project Grants; and
- Whereas, the NH Department of Highway Safety has awarded $837.75 in grant funds to the Berlin Police Department for the purpose of conducting pickup truck seatbelt enforcement during the period of October 1, 2006 through January 31, 2007. Now therefore be it resolved by the City Council of the city of Berlin that the sum of Eight Hundred Thirty-Seven Dollars and Seventy-Five Cents ($837.75)is hereby appropriated to the Berlin Police Department for the purpose of effectuating said Pickup Truck Seatbelt grant. This resolution shall be in full force and effect from and after passage.
- Councilor Poulin moved with a second by Councilor Chagnon to remove the resolution from the table at this time. So moved, the motion carried.
- Councilor Poulin moved with a second by Councilor Chagnon to have the resolution read a second time by title only. So moved, the motion carried.
- Councilor Poulin moved with a second by Councilor Chagnon to have the resolution read third time by title only. So moved, the motion carried.
- Councilor Poulin moved with a second by Councilor Chagnon to pass the resolution. So moved, the motion carried and Mayor Pro Tem Grenier declared the resolution now passed.
5. Resolution authorizing an application to the Planning Board for a lot line adjustment proposed to square off the City’s parcel off of Gilbert Street, Map 119, Lot 368 and redefine the parcel owned by the Androscoggin valley Bread of Life Christian Center May 118, Lot 34. (tabled 11/06/06)
Resolved by the City Council of the City of Berlin as follows:
- Whereas, the City of Berlin owns land off of Gilbert Street, Map 119, Lot 368; and
- Whereas, the Androscoggin Valley Bread of life Christian Ctr. owns the adjacent parcel Map 118/Lot34
- Whereas, upon completion of the lot line adjustment the city will have a suitable lot for an impound building; and
- Whereas, all costs associated with subdivision/lot line adjustment including surveying will be borne by the City. Now therefore, be it resolved by the Mayor and Council of the City of Berlin that they hereby authorize an application to the Planning Board for a lot line adjustment proposed to square off the city’s parcel Map 119/Lot 368 and redefine the pa4rcel owned by the Androscoggin Valley Bread of Life Christian Center Map 118/Lot 34. Be it further resolved that the City Manager is hereby authorized to proceed with the lot line adjustment and is authorized to do all things necessary to accept the newly created parcel on behalf of the City. This resolution shall be in full force and effect from and after passage.
- Councilor Nelson moved with a second by Councilor Donovan to remove the resolution from the table at this time. So moved, the motion carried.
- Councilor Nelson moved with a second by Councilor Donovan to have the resolution read a second time by title only. So moved, the motion carried.
- Councilor Nelson moved with a second by Councilor Donovan to have the resolution read third time by title only. So moved, the motion carried.
- Councilor Nelson moved with a second by Councilor Donovan to pass the resolution. So moved, the motion carried and Mayor Pro Tem Grenier declared the resolution now passed.
6. Mayor’s Report: No Report
7. Ordinance amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article II. Specific Street Regulations by adding Sec. 15-40 Crosswalks (1st read)
- Councilor Chagnon moved with a second by Councilor Poulin to table the ordinance and schedule a public hearing on December 4, 2006. So moved, the motion carried.
9.Ordinance amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article III. Stopping, Standing and Parking Sec. 15-71 Fifteen Minute Parking Zones, Pleasant Street (1st read)
- Councilor Chagnon moved with a second by Councilor Poulin to table the ordinance and schedule a public hearing on December 4, 2006. So moved, the motion carried.
12. Resolution authorizing an application the US Environmental Protection Agency Brownfields Program for a Two Hundred Thousand Dollar ($200,000) Cleanup Grant to remove hazardous substances found in the 411 School Street building as part of the 411 School Street Revitalization Project. (1st read)
- Councilor Lafleur moved with a second by Councilor Chagnon to table the resolution and schedule a public hearing on December 4, 2006. So moved, the motion carried.
13. Resolution authorizing an application to the Economic Development North and West Opportunity Initiative Matching Grant Program for Twenty-Five Thousand Dollars ($25,000) to provide matching funds for a project called Community Redevelopment Plan for the former Pulp Mill Property in downtown Berlin, NH and appropriating said grant to the Planning Department. (1st read)
- Councilor Lafleur moved with a second by Councilor Chagnon to table the resolution and schedule a public hearing on December 4, 2006. So moved, the motion carried.
14. Resolution authorizing the sale of a piece of land (approximately 1.9 acres) to be divided from Map 121, Lot 13, off Jericho Road and appropriating the $8,000 proceeds from the sale to the Recreation Department (1st read)
- Councilor Poulin moved with a second by Councilor Nelson to table the resolution and schedule a public hearing on December 4, 2006. So moved, the motion carried.
15. Other. Nothing in Other
16. City Manager's Report
- BOP Wetlands Public Hearing. Held by the Army Corps of Engineers/State DES. Comment period ends 11/27
- Outsource to Berlin. Katie Payne, CEO of KD Paine&Partners, recently expanded it operations to Berlin. Ms. Paine wrote a positive article about Berlin in the November issue of Business NH Magazine.
- Jericho Mountain State Park Meeting. Scheduled 12/06 10:00 am at NHCTC with a public meeting at 6:00 in the City Hall Auditorium to review the park draft Master Plan done by the Horizon Group. Berlin will receive a PILT from the State for the new park land. The PILT will phase out in five years.
- Structure Fire. 1203 Main Street, Friday evening. The Fire Department did a great job.
- AVRRDD Public Info Meeting. Scheduled 11/28/06 at 6:30 pm in the City Hall Auditorium.
- Web Site Development. Randy Perry from Virtual Town Hall met with staff to set up the new web site.
- Rural Housing & Economic Development. Turned down the City’s grant request for $200k demolition and $100k rehabilitation. The City requested a debriefing to see how we measure up.
- Dummer Yard Leachate. Meetings with Fraser and the State about treating the leachate at the WWTF - Local Government Center and Brownfields Conference. Andre Caron and the City Attorney made a presentation about tax deeded properties.
- Thanksgiving Holiday. City Manager going to Virginia and Laura Viger will be acting City Manager.
- Councilor Roy moved with a second by Councilor Poulin to accept/file the City Manager's Report. So moved, the motion carried.
17. Public Comments - None
18. Council Comments
- Councilor Roy said something should be done about the old Snowshoe Building that Rite Aid bought. It is a hazard and accident waiting to happen.
- Councilor Grenier thanked Pam Laflamme for her work with the BOP regarding the Wetlands. The City was well represented at the recent meeting. Questions were answered based on facts and not emotions.
19. Adjournment: There being no further business, Councilor Chagnon moved with a second by Councilor Donovan to adjourn the meeting. So moved, the meeting ended at approximately 8:27 p.m.
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