PUBLIC HEARING – MARCH 5, 2007
Resolutions: 1) PD OHRV $4,500 Grant
2) Library $1,364.17 Donation Acceptance
3) Career & Technical Education Renovation Project Funds
4) Authorizing BIDPA to Sell Lot 9 to Sabbow&Company
Mayor Danderson opened the floor to public comments regarding the above noted subject matters at 7:42 p.m. There being no one wishing to speak for or against the subjects, Mayor Danderson closed the public hearing at approximately 7:43 p.m.
REGULAR CITY COUNCIL MEETING - MONDAY, MARCH 5, 2007
Mayor Danderson opened the regular City Council Meeting at 8:15 pm. The pledge of allegiance to the flag preceded roll call. Present at roll call: Councilors Nelson, Donovan, Lafleur, Cusson, Roy and Grenier. Councilors Danderson and Poulin were absent. Also present: City Manager MacQueen, Brian Valerino, John Moulis and the press.
Minutes, Previous Meetings - Councilor Roy moved with a second by Councilor Nelson to accept the minutes of the 2/19/07 WS; 2/19/07 Regular Meeting; 2/26/07 WS. So moved, the motion carried.
Disbursements: It was recommended by the Committee on Accounts/Claims that all bills start date 2/20/07; end date 3/05/2007 be paid for a total cash disbursement of: $1,424,350.68 Draft #1536. Councilor Nelson moved with a second by Councilor Cusson to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims. So moved, the motion carried.
PUBLIC COMMENTS: Nancy Hood, 76 Bemis Street, asked Council to explain the priority in which snow removal is completed. Ms. Hood documented exactly when the City removed snow around the schools after the February 14 storm. It took 9 days before any snow was removed which is not acceptable. Ms. Hood requests that the Mayor and Council re-evaluate the City's snow removal policy for safety concerns.
1. Council Committee Reports. No reports.
2. Resolution increasing the Berlin Police Department's OHRV Grant budget appropriation for fiscal year 2006-2007 by Four Thousand, Five Hundred Dollars ($4,500) to be offset by additional grant revenues from the NH Fish & Game Department Law Enforcement Division. (tabled 2/19/07)
Resolved by the City Council of the City of Berlin as follows:
- Whereas, a resolution was passed authorizing the Berlin Police Commission to apply for and accept grant funds from the NH Department of Fish & Game for OHRV patrols; and
- Whereas, supplemental grant funds from the NH Department of Fish and Game have since become available for the purpose of conducting additional OHRV patrols prior to June 30, 2007. Now therefore be it resolved by the City Council of the City of Berlin, NH that the sum of Four Thousand, Five Hundred Dollars ($4,500.00) is hereby appropriated to the Police Department budget for expenses related to OHRV patrols 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 Lafleur moved with a second by Councilor Grenier to remove the resolution from the table at this time. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Grenier to have the resolution read a second time by title only. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Grenier to have the resolution read a third time by tile only. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Grenier to pass the resolution. So moved, the motion carried and Mayor Danderson declared the resolution now passed.
3. Resolution accepting a donation in the amount of One Thousand, Three Hundred Sixty-Four Dollars and Seventeen Cents($1,364.17) in memory of Jonathin Ellis and depositing such funds in the Berlin Public Library Trust Fund account for the purchase of children's books.(tabled 2/19/07)
Resolved by the City Council of the City of Berlin as follows:
- Whereas, the fellow students of Marston Kindergartener Jonathin Ellis, who tragically lost his life in a Main Street fire want to make a contribution in his memory; and
- Whereas, Jonathin loved books and reading; and
- Whereas, the students, parents and teachers organized a collection of money for the purchase of children's books for the Berlin Public Library;-
-Whereas, each book purchased or donated in Jonathin's memory will be marked with the appropriate donor information. Now therefore, be it resolved that the City Council of the City of Berlin accepts a donation in the amount of One Thousand, Three Hundred Sixty-Four Dollars and Seventeen Cents in Memory of Jonathin Ellis and such funds shall be deposited in the Berlin Public Library Trust Fund account for the purchase of children's books. This resolution shall be in full force and effect from and after passage.
- Councilor Lafleur moved with a second by Councilor Nelson to remove the resolution from the table at this time. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Nelson to have the resolution read a second time by title only. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Nelson to have the resolution read a third time by title only. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Nelson to pass the resolution. So moved, the motion carried and Mayor Danderson declared the resolution now passed.
4. Resolution appropriating One Hundred Three Thousand, Three Hundred Sixty-Two Dollars ($103,362) from UFB to the Fy'07 budget line 01-462-995-0302 for the Career and Technical Education Renovation Project and further appropriating One Million, Four Hundred Twelve Thousand, Seventy-Seven Dollars ($1,412,077) of State grant funds. (tabled 2/19/07)
Resolved by the City Council of the City of Berlin as follows:
- Whereas, the Career Technical Education (CTE) renovation project is in its final year and nearing completion; and
- Whereas, funds for the local match of 25% or $558,672 were held in two separate accounts; and
- Whereas, $103,362 of the local match lapsed into the undesignated fund balance in the previous fiscal year. Now therefore, be it resolved by the Mayor and Council of the City of Berlin that it hereby appropriates the amount of $103,362 from UFB to the FY'07 budget line 01-462-995-0302 for the Career and Technical Education Renovation Project and further appropriating $1,412,077 of State funds to the project. This resolution shall be in full force and effect from and after passage.
- Councilor Grenier moved with a second by Councilor Lafleur to remove the resolution from the table at this time. So moved, the motion carried.
- Councilor Grenier moved with a second by Councilor Lafleur to have the resolution 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 read a third time by title only. So moved, the motion carried.
- Councilor Grenier moved with a second by Councilor Lafleur to pass the resolution. Roll call resulted in unanimous affirmative votes including Mayor Danderson who declared the resolution now passed.
5. Resolution authorizing the Berlin Industrial Development Park Authority (BIDPA) to sell Maynesboro Industrial Park Lot #9 to Sabbow & Company for the appraised value pursuant to the Chapter Laws of 1925 and RSA 162-G. (tabled 2/26/07)
Resolved by the City Council of the City of Berlin as follows:
- Whereas, Lot #9 (Map 404, Lot 29) at Industrial Park Road in the Maynesboro Industrial Park in Berlin has been undeveloped for many years;
- Whereas, BIDPA is interested in having Sabbow & Company become the owner and developer of this lot; Whereas, Sabbow & Company is desirous of becoming the purchaser of the lot in order to develop it with a 20-60,000 square foot building for industrial use; and
- Whereas, this development would provide new economic activity in the community, new tax base and new jobs in Berlin; and
- Whereas, RSA 162-G specifically authorized municipal agencies such as BIDPA to sell such industrial land. Now therefore, be it resolved that the Mayor and Council of the City of Berlin hereby authorize the Berlin Industrial Development Authority (BIDPA) to sell Lot#9 in the Maynesboro Industrial Park to Sabbow & Company for the appraised value of $16,641 pursuant to RSA 162-G. Be it further resolved that the Mayor and Council of the City of Berlin do hereby make the following findings with respect to said property sale to be entered in to between BIDPA and Sabbow & Company:
. Sabbow & Company can be feasibly located on the intended site and required utilities and access are or will be provided.
. The establishment and operation of the business and industrial facility will alleviate or prevent unemployment or underemployment, either in whole or in part, in the area in which such business and industrial facility is located.
. Such business and industrial facility will consist of land, or land and business and industrial building, or buildings, which are suitable for business, industrial, manufacturing, waste processing or warehousing purposes.
. Sabbow & Company has the skills and financial resources necessary to operate the business and industrial facility successfully.
. Adequate provision has been or will be made for the payment of the cost of the construction of such business and industrial facility and that under no circumstances will the municipality be obligated, directly or indirectly, for the payment of the cost of construction of such business and industrial facility or for the payment of the principal of, or interest on, any obligations issued to finance such construction from funds other than those received under the provisions of the lease or the trust indenture except to the extent permitted by this chapter.
. The proposed acquisition, leasing, operation and use of such business and industrial facility will aid in the development, growth, and prosperity of the municipality in which such business and industrial facility is located, or of the municipality undertaking the project.
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 a third time by tile only. So moved, the motion carried.
- Councilor Nelson moved with a second by Councilor Donovan to pass the resolution. Roll call resulted in unanimous affirmative votes including Mayor Danderson who declared the resolution now passed.
6. Mayor=s Report: The Mayor made the following Council Committee appointments:
- Berlin Airport Authority: Councilor Cusson - Ward 3. Councilor Grenier moved with a second by Councilor Donovan to accept the Mayor's appointment of Councilor Cusson to the Airport Authority. So moved, the motion carried.
- Councilor Cusson was nominated for the following committees as well: Safety & Transportation; Emergency Action and Budget. Councilor Grenier moved with a second by Councilor Roy to accept the Mayor's appointment of Councilor Cusson on the above named committees. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Roy to accept the Mayor's oral report and place it on file. So moved, the motion carried.
7. Resolution amending the City of Berlin Guidelines for the Administration of General Assistance (Welfare Guidelines) 1st read
Councilor Donovan moved with a second by Councilor Nelson to table the resolution and schedule a public hearing on March 19, 2007. So moved, the motion carried.
8. Burgess Street Property Sale
Andre Caron, Housing Coordinator, made property sale recommendations on two Burgess Street properties that were taken by tax deed by the City on October 3, 2003. They are as follows:
1) That both properties be merged into one parcel prior to the sale of the properties.
2) Map/Lot 130-0282.000, 383 Burgess Street. The stipulation that any purchasing party be required to meet the minimum price and provide an escrow in the amount of $60,000 in order to guarantee that the building is rehabilitated to the requirements set forth in the conditions of sale within 18 months of the purchase subject to a right of reverter.
- Major conditions: Repair/rehabilitate interior as 2 units; install new or repair windows; install new heating system; repair front basement wall; install new or repair/repaint siding; install new electrical system; install new plumbing; clean property of debris and remove shed.
3) Map/Lot 130-0283.0000, 385 Burgess Street. The stipulation that any purchasing party be required to meet the minimum price and provide an escrow in the amount of $10,000 in order to guarantee that the building is rehabilitated to the requirements set forth in the conditions of sale within 12 months of the purchase subject to a right of reverter.
- Major conditions: remove partially constructed apartment on main floor and restore as a garage bay with new garage door; repair/repaint or re-side exterior of building including new and existing garage doors; remove upstairs apartment and retain for workshop and storage (will be a stipulation on property deed); repair side and rear porch, stairs and railing system; replace damaged windows. All work on the above must conform to the specifications and requirements set forth in the currently adopted International Residential Code.
- Councilor Donovan moved with a second by Councilor Nelson to authorize the City Manager to indefinitely until rescinded, offer for sale at the earliest appropriate opportunity, the Burgess Street properties listed above by sealed bid with the conditions as recommended by the Housing -Coordinator. Roll call resulted in unanimous affirmative votes. So moved, the motion carried.
9. Ambulance Contract
City Manager MacQueen reminded Council that in August 2006, Council approved a six-month extension to the Berlin Emergency Medical Services, Inc. contract, which expired January 21st 2006. This extension continues until June 2007. At the time Council approved the six-month extension, they were provided with a draft of the proposed longer term agreement set to begin July 1, 2007 for three years with the option for another three years. The draft is similar to the existing contract whereby it memorializes the terms we are actually working under with respect to Medicare/Medicaid payments. The BEMS is seeking Council approval for a three year Emergency Medical Services Agreement to begin July 1, 2007.
- Councilor Grenier moved with a second by Councilor Lafleur to accept the Emergency Medical Services three year Agreement beginning July 1, 2007 between the City of Berlin and the Berlin Emergency Medical Services, Inc. Roll call resulted in unanimous affirmative votes. So moved, the motion carried.
10. School Zone Snow Removal Safety Concern Letter/Nancy Hood
Nancy Hood, 76 Bemis Street, wrote she is concerned about the priority order of removing snow around schools. Ms. Hood tracked how long it took for the snow banks to be picked at the Jr. High School and reported that it took nine days after the 2/14/07 storm. Although City workers did a great job plowing, Ms. Hood suggests that the school districts be moved up on the priority list for snow removal for the safety of our school children. Ms Hood requested the Mayor and Council to consider her concerns and take action to change the priority of the snow removal policy for the school areas.
- Councilor Donovan moved with a second by Councilor Nelson to accept the letter, place it on file and request that the City Manager review the snow removal policies and to notify Ms. Hood about date/time of that meeting. So moved, the motion carried.
11. Other - Nothing in other.
12. City Manager's Report
- Tax Deed Case Summary Judgment. Regina Realty sued the City because it collected the 15% assessment penalty provided for in the law before selling the tax deeded property back to the former property owner for 113 Merrimack Street. The court ruled in favor of the City.
- HB 588FN. City Manager testified in favor of the bill that would have the state take over Jericho Lake Road as a Class III State Recreational Road and the City would take over the full maintenance of Cates Hill Road as a Class V in the City.
- 257 Main Street Demolition. John Gleason Construction was the low bidder and the work has begun.
- Tillotson Grant. The City was awarded a $60,000 grant for master planning updates.
- HB 143. The City wrote to oppose this bill, which wants municipalities to pay for 99% of damage claims even if they were only 1% at fault.
- HB 882 eliminates existing damage limitations of $150,000 per person and $500,000 per occurrence in actions against cities/towns and other governmental entities.
- HB 163. The Welfare Administrators Association is backing this bill because it would provide additional TANF monies to those not on HUD or other housing programs.
- Vacant Building Markup. Fire Chief Trull is pushing to develop an ordinance that regulates vacant buildings in Berlin and hopes to bring the ordinance to the Mayor and Council for review soon.
- Tax Shift on Tax Exempt Properties. Bedford has only $214k of tax exemptions while Berlin has $323k. Municipalities can usually choose which exemptions they adopt except RSA 72:12a Air & Water which allows the DES to determine that a private facility like the old Fraser WWTF is a pollution control facility and they can make it tax exempt.
- DES Design Flow Capacity/Inspection. Berlin's plant exceeds 80% of its permitted design flow due to infiltration/inflow. The State will monitor any new sewer connections applied for by the City. The State made a surprise inspection at the WWTF on 1/31/07 and the plant fared well.
- Rockingham Fire Thank You Letter. (attached)
- City Manager's Time (attached)
- Councilor Roy moved with a second by Councilor Donovan to accept/file the City Manager's Report as read by the City Manager. So moved, the motion carried.
13. Public Comments - No public comments.
14. Council Comments
- Councilor Lafleur spoke to PWD Director Ernie Allain about snow removal and realizes how tough the process is and they are doing the best they can. On another matter, Councilor Lafleur heard a comment that City Council should give up their pay to help fund firefighter salaries. The Ward 2 Councilor would gladly give up the $700 per year he receives but added it would not even cover one week's pay for a single firefighter. He concluded by inviting any member of the public to attend the Council Meetings.
- Mayor Danderson was amazed to hear that it took 95 truck loads to remove snow from Green to Mason Streets and computed that it is a full day of snow removal which is a very time consuming process.
- Councilor Grenier suggests when they do begin to discuss the snow removal policies they review their mistakes to avoid repeating the same ones. He added that the City is long overdue and would have more latitude to schedule a night crew to pick up snow.
- Mayor Danderson would like them to wing back the snow banks by the Berlin Housing Authority.
- Councilor Donovan recommends that they let the winter pass before reviewing the snow removal policy to approach it with clear objectives since right now Council is in the middle of the budget cycle.
15. Adjournment
There being no further business to come before Council, Councilor Roy moved with a second by Councilor Nelson to adjourn the meeting. So moved, the meeting adjourned at approximately 8:51 p.m.
A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
City Clerk
| 
