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City Council Minutes 12/04/2006 Regular Meeting
REGULAR CITY COUNCIL MEETING _ MONDAY, DECEMBER 4, 2006

Mayor Danderson opened the regular City Council Meeting at 7:11 pm.  The pledge of allegiance to the flag preceded roll call.  Present at roll call: Councilors Nelson, Danderson, Lafleur, Poulin, Roy and Grenier.  Councilors Donovan and Chagnon were absent.  Also present: City Manager MacQueen, Andre Caron, Pam Laflamme, John Moulis and the press.

Minutes, Previous Meetings
Councilor Roy moved with a second by Councilor Poulin to accept the minutes of the 11/20/06 WS; 11/20/06 Regular Meeting.  So moved, the motion carried.

Disbursements: It was recommended by the Committee on Accounts/Claims that all bills start date 11/21/2006; end date 12/04/2006 be paid for a total cash disbursement of: $1,684,366.10 Draft #1530.  Councilor Nelson moved with a second by Councilor Danderson 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. No reports.

7.    Mayor=s Report:
- The Mayor recently toured the Jericho ATV Park with a Boston Glove reporter who did an excellent job    reporting about the park with a full page and great pictures.  Mayor Danderson thanked Dick Huot for    his assistance.
Appointments:
- School Building Committee.  The Mayor recommends Councilors Grenier, Roy, Lafleur and Tony Urban.     Councilor Nelson moved with a second by Councilor Danderson to accept the Mayor=s nominations.  So    moved, the motion carried.
- Housing Authority.  The Mayor recommends Robert Morin, for a five-year term set to expire 12/2011.    Councilor Roy moved with a second by Councilor Poulin to accept the Mayor=s nomination of Mr. Morin.    So moved, the motion carried.

9.      Other.   Nothing in Other

PUBLIC HEARING - December 4, 2006
Ordinances:   1)Crosswalks in General;  2)15 Minute parking on Pleasant Street
Resolutions: 1)Brownfields Program $200,000 Cleanup Grant;  2)Economic Development North/West opportunity $25,000 Grant;  3)Sale of property to ISSI.
Mayor Danderson opened the public hearing at 7:29 p.m. to accept public comments on the subject matters.

- Paul Grenier, 492 Champlain Street, as a private citizen asked the Mayor and Council if they would consider amending the resolution regarding the sale of land off Jericho Road to ISSI and instead of appropriating the full $8,000 of proceeds to the Recreation Department giving $7,000 to the Recreation Department and $1,000 to the BHS Women=s Hockey Program.  Municipal participation would help to get the program off the ground.

There being no one else willing to speak for or against the subjects, Mayor Danderson closed the public hearing at 7:32 p.m. and the regular meeting continued.

2.      Ordinance amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article II. Specific Street Regulations by adding Sec. 15-40 Crosswalks (tabled 11/20/06)
Be it ordained by the City Council of the City of Berlin, as follows: That Sec.15-40 Crosswalks is hereby added to Chapter 15 as follows: Sec.15-40 Crosswalks.  Whenever authorized crossing lines are painted as depicted in Sec.15-1, the driver of a vehicle shall yield the right of way to pedestrians per RSA 265:35.  This ordinance shall be in full force and effect from and after passage.
- Councilor Grenier moved with a second by Councilor Lafleur to remove the ordinance from the table     at this time.  So moved, the motion carried.
- Councilor Grenier moved with a second by Councilor Lafleur to have the ordinance read a second time    by title only.  So moved, the motion carried.
- Councilor Grenier moved with a second by Councilor Lafleur to have the ordinance read third time by    title only.  So moved, the motion carried.
- Councilor Grenier moved with a second by Councilor Lafleur to pass the ordinance.  So moved, the      motion carried and Mayor Danderson declared the ordinance now passed.

3.      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 (tabled 11/20/06)
Be it ordained by the City Council of the City of Berlin, as follows: That Chapter 15, Sec. 15-71. Fifteen Minute Parking Zones is hereby amended by adding the following: Pleasant Street, west side, one parking space in front of 283 Pleasant Street.  This ordinance shall be in full force and effect from and after passage.

- Councilor Nelson moved with a second by Councilor Roy to remove the ordinance from the table at this    time.  So moved, the motion carried.
- Councilor Nelson moved with a second by Councilor Roy to have the ordinance read a second time by     title only.  So moved, the motion carried.
- Councilor Nelson moved with a second by Councilor Roy to have the ordinance read third time by title    only.  So moved, the motion carried.
- Councilor Nelson moved with a second by Councilor Roy to pass the ordinance.  So moved, the motion    carried and Mayor Danderson declared the ordinance now passed.

4.      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. (tabled 11/20/06) Resolved by the City Council of the City of Berlin as follows:
- Whereas, the City of Berlin owns the building known as 411 School Street which is currently unoccupied    and in need of revitalization; and
- Whereas, the City under a previous Brownfields Assessment Grant, has documented the scope and cost    of removal of hazardous materials; and
- Whereas, the City is eligible for a Cleanup Grant, under the US Environmental Protection Agency       Brownfields Program rules for funds to clean up this site; and
- Whereas, the City will retain $40,000 from its current Dilapidated Housing Budget as a match for this
  grant; and
- Whereas, all grant proceeds shall be deposited with the City Treasurer and any additional use of the funds beyond the scope of work listed in the application shall require prior approval of the City Council.  Now therefore be it resolved by the City Council of the City of Berlin as follows: That the City Manager is authorized to sign and submit a Cleanup Grant application to the US Environmental Protection Agency Brownfields Program for $200,000 to remove the hazardous substances in the 411 School Street building and that the City Manager is authorized to sign all documents and do all things necessary to effectuate the grant and that the City Manager is further authorized to receive said grant and the grant proceeds are hereby appropriated in addition to all other funds for the purpose of the grant. This resolution shall be in full fore and effect from and after passage.
- Councilor Lafleur moved with a second by Councilor Danderson to remove the resolution from the table    at this time.  So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Danderson to have the resolution read a second time    by title only.  So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Danderson to have the resolution read third time    by title only.  So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Danderson to pass the resolution.  So moved, Mayor    Danderson declared the resolution now passed.

5.      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. (tabled 11/20/06)
 Resolved by the City Council of the City of Berlin as follows:
- Whereas, the Department of Resources and Economic Development has a grant opportunity for economic    development initiatives through the North and West Opportunity Initiative Grant Program; and
- Whereas, the City Council recognizes the critical importance of leading the effort to pursue          development initiatives related tot eh mill property as the change of use of the paper mill site has    the potential to redefine Berlin=s identity; and
- Whereas, the $25,000 grant will serve as match to a $100,000 grant request currently being considered    by the Tillotson grant Fund which will 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 mill site; and
- Whereas, funding for the North & West Opportunity Initiative Matching Grant Program is subject to the  approval of Governor and Council.  Now therefore, be it resolved by the City Council of the City of  Berlin as follows: That the City Manager is authorized to sign and submit an application to the North & West Opportunity Initiative Matching Grant Program for $25,000 to develop reuse options for the mill site and that the City Manager is authorized to sign all documents and do all things necessary to effectuate the grant and that the City Manager si further authorized to receive said grant and the grant proceeds are hereby appropriated in addition to all other funds for the purpose of the grant. This resolution shall be in full force and effect from and after passage.  
- Councilor Poulin moved with a second by Councilor Danderson to remove the resolution from the table    at this time. Councilor Roy voted no. So moved, the motion carried.
- Councilor Poulin moved with a second by Councilor Danderson to have the resolution read a second time    by title only.  Councilor Roy voted no.  So moved, the motion carried.
- Councilor Poulin moved with a second by Councilor Danderson to have the resolution read third time    by title only.  Councilor Roy voted no.  So moved, the motion carried.
- Councilor Poulin moved with a second by Councilor Danderson to pass the resolution.  Roll call        resulted in unanimous affirmative votes of Council with the exception of Councilor Roy who voted no.    Mayor Danderson declared the resolution now passed.




6.      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 $7,000 of the proceeds from the sale to the Recreation Department and $1,000 to the BHS Women=s Hockey Program. (tabled 11/20/06)
Resolved by the City Council of the City of Berlin as follows:
- Whereas, the City of Berlin owns land on Jericho Road (Map 121, Lot 13 located adjacent to Isaacson    Structural Steel, Inc. (Map 108, Lot 12); and
- Whereas, Isaacson Structural Steel, Inc. of Jericho Road have offered to purchase some of the land    behind the business for $8,000; 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 its current parcel; and
- Whereas, all costs associated with subdivision/lot line adjustment including surveying will be borne    by the purchaser; and
- Whereas, proceeds from the sale will be appropriated to the Recreation Department and BHS Women=s     Hockey Program.  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 1.9 acres) to be divided from Map 121, Lot off of Jericho Road behind the adjacent to private parcels on Jericho Road known as Map 108, Lot 12 for the agreed upon amount of $8,ooo.  Be it further resolved that the City Manager is hereby authorized to proceed with the subdivision/lot line adjustment of the proposed parcel on the condition that the purchasers agree to pay all costs associated with the subdivision/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 Isaacson Structural Steel inc. on payment of the agreed amount of $8,000.  Be it finally resolved that $7,000 of the proceeds from the sale to the Recreation Department and $1,000 to the BHS Women=s Hockey Program.  This resolution shall be in full force and effect from and after passage.
- Councilor Grenier moved with a second by Councilor Roy to remove the resolution from the table        at this time.  So moved, the motion carried.
- Councilor Grenier moved with a second by Councilor Poulin to amend the resolution to remove A$8,000    of proceeds to go to the Recreation Department@ and replace that language with A$7,000 of the proceeds    to go to the Recreation Department and $1,000 to the BHS Women=s Hockey Program.@  Roll call resulted    in unanimous affirmative.  So moved, the amendment was accepted.
- Councilor Grenier moved with a second by Councilor Lafleur to have the resolution, as amended, read    a second time by title only.  So moved, the motion carried.
- Councilor Grenier moved with a second by Councilor Lafleur to have the resolution, as amended, read    third time by title only.  So moved, the motion carried.
- Councilor Grenier moved with a second by Councilor Roy to pass the resolution, as amended.  Roll call    resulted in unanimous affirmative votes including Mayor Danderson who declared the resolution, as     amended, now passed.

10.     City Manager's Report
- Assessment review.  DRA final report has only one recommendation for improvement to list and measure    all properties in the City to improve data accuracy.  A copy is available in the Assessor Office.
- Airport Master Plan.  Airport consultants, Oest Associates, will be at the public meeting at City Hall    tomorrow at 6:30.
- AVRRDD Public Information Meeting.  Odor issues discussed. A copy of the presentation is available    at the City Planner=s office.
- Electrical Building Project Closeout.  City Hall, Courthouse and Fire Station work completed.
- Cornerstone Groundbreaking.  Senators Sununu, Gallus and Councilor Burton attended the ceremony.
- Hard Road to Travel Workshop.  Pam Laflamme, Ernie Allain and Pat MacQueen attended the workshop in    Lincoln presented by Paul Sanderson attorney at the LGC gave a comprehensive presentation.
- City Manager=s Time.  Attached.

Oral: A community forum regarding Fraser is scheduled December 12 at the Jr. High School.

_ Councilor Roy moved with a second by Councilor Poulin to accept/file the City Manager's oral and    written Report.  So    moved, the motion carried.

11.     Public Comments - None

12.     Council Comments No Council comments.
   
13.     Adjournment:  There being no further business, Councilor Poulin moved with a second by Councilor        Nelson to adjourn the meeting.  So moved, the meeting ended at approximately 7:47 p.m.          
A TRUE RECORD, ATTEST:


Debra A. Patrick, CMC
City Clerk