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City Council Minutes 04/02/2007 Regular Meeting
PUBLIC HEARING – April 2, 2007                          

-  Ordinance: Amending the Code of Ordinances, by adding Chapter 19,   Development & Community Revitalization Tax Relief Incentive.
        
Mayor Danderson opened the floor to public comments regarding the above noted subject matter at 7:42 p.m. Stacia Roberge from the Berlin Main Street Program spoke in support of the passage of this ordinance.
-Roberge: “I have worked on the Main Street Program and with Andre Caron. This ordinance will be there for the businesses to use to revitalize the downtown.”
Having no else wishing to speak, Mayor Danderson closed the public hearing at approximately 7:45 p.m.

REGULAR CITY COUNCIL MEETING _ MONDAY, April 2, 2007
Mayor Danderson opened the regular City Council Meeting at 8:03 pm.  The pledge of allegiance to the flag preceded roll call.  Present at roll call: Councilors Nelson, Donovan, Danderson, Lafleur, Cusson, Roy and Grenier. Councilor Poulin was absent.  Also present: City Manager MacQueen, Pam LaFlamme, Andre Caron and the press.

Minutes, Previous Meetings - Councilor Roy moved with a second by Councilor Cusson to accept the minutes of the 3/19/07 WS; 3/19/07 Regular Meeting; 3/26/07 WS.  So moved, the motion carried.

Disbursements: It was recommended by the Committee on Accounts/Claims that all bills start date 3/20/07; end date 4/02/2007 be paid for a total cash disbursement of: $1,194,128.20 Draft #1538.  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

1.      Council Committee Reports.
Safety Committee Recommendations:
Councilor Roy read the recommendations of the Safety Committee including a request for a handicap parking space on Willard Street for Rachel Beaudoin, committee tabled to obtain more information; Brown School Crossing, that the committee voted unanimously to recommend the Council authorize the PD to initiate an experiment to change pick up and drop off of students at Brown School by coning off Norway Street at 7th and 8th Streets for a period of 15 minutes in the morning and afternoon, put on work session and council agenda 4/16/07; Plowing upper Pleasant Street, committee unanimously voted to table until review of snow policy as a whole this spring; Request for Yield/Three Way Stop on School Street Fire Dept, the committee unanimously recommended that a letter be sent back to Fire Dept thanking them but pointing out that the intersection has not proven to be unsafe and any issues should clear up with the completion of the Green Street Project this fall; Crosswalk on Main Street at Cleveland Bridge poorly located, committee voted to table to next meeting to get more information from PD. Councilor Grenier moved with a second from Councilor Lafleur to accept the Safety Committee Report. So moved, the motion carried.

2. Ordinance amending the Code of Ordinances, by adding Chapter 19, Development, Art I. In General, 19-1--19-15 and Art. II. Community Revitalization Tax Relief Incentive, 19-16--19-29. (tabled 3/19/07)
Due to the length of the ordinance, it is not included in the minutes. The complete ordinance is available for review in the City Clerk’s Office.
- Councilor Lafleur moved with a second by Councilor Donovan to remove the ordinance from the table at this time.  So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Donovan to have the ordinance read a second time by title only. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Donovan to have the ordinance read a third time by title only.  So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Donovan to pass the ordinance.  So moved, the motion carried and Mayor Danderson declared the ordinance now passed.

3.       Mayor’s Report: Re-Appointment to Board of Assessors: Robert Pelchat for a three year term set to expire March 31, 2010
Councilor Grenier moved with a second by Councilor Donovan to accept the Mayor's re-appointment.  So moved, the motion carried.
-Mayor went to Concord to testify for SB 140, the bill is being held over for hearings.
Councilor Roy moved with a second by Councilor Donovan to accept the Mayor’s report. So moved, the motion carried.

4.      OtherVote for Sewer Fund Changes
Councilor Donovan moved with a second by Councilor Cusson to rename, change purpose and approve a reduction of the sewer capital projects from the current budget to the budgeted projects listed. So moved, the motion carried.
60-480-438-0001                 CI- Sanitary Line Replacement   $120,000.00
60-480-438-0004         CI- Cost Replacement                            $ 50,000.00
60-480-438-0005         CI- Utility Mapping                             $ 40,000.00
60-480-438-0010         CI- WWTF Upgrade Phase II                       $325,500.00
to the revised list of new projects listed:
60-480-438-0001         CI- Storm Drain Replacement             $20,000.00
60-480-438-0004         CI- Cost Replacement                            $30,000.00
60-480-438-0005         CI- Inflow and Infiltration Study       $50,000.00
60-480-438-0010         CI- State Revolving Loan Payments       $95,000.00
With a reduction of: $340,500.00

6.      City Manager's Report
-       Premature News Laidlaw Energy to Build 50 Megawatt BioMass Energy Plant in Berlin. After a call late this afternoon from a Union Leader reporter, Sue was able to retrieve the press release from the web. Needless to say this is pretty big news. I contacted NADC as the owner of the property. The NADC owner says that they are negotiating with Laidlaw Energy but nothing has been finalized yet. So what would be really great news appears to have to stay on hold.
- Mill Assessment, George Sansoucy will be in town this week to begin work on the revaluation of the Mill property and the Hydro as of April 1, 2007 for FY 08. He has made arrangements with NADC to tour the pulp mill property.
- NHDES Letter of Compliance on City WWTF, a random inspection of the WWTF found some areas of non-compliance. Follow-up letter from NHDES has indicated they are satisfied with the corrective actions, which have been implemented at the WWTF to deal with the concerns that were raised in their inspection.
- Cole Street Bridge Inspection, NHDOT letter to the City regarding posting the Cole Street Bridge over the Dead River. PWD has checked and the bridge is posted in accordance with the state recommendation.
- SB 140, which would allow PSNH to construct generating assets, has been amended from a very simple one sentence bill to a fairly involved bill which we have not really been able to figure out. According to LGC Legislative Bulletin #14.
- HB 882, will likely be amended to increase municipal liability for damages in personal injury actions from the current $150k per person and $500k per occurrence to $275k and $925k respectively. LGC feels that this is a reasonable compromise, which reflects inflation since the original amounts were set in 1986. The vote should be April 14, 2007.
- HB 653, Tuesday the full house voted to pass on the NH Retirement System as amended. The amendments included some, but not all, of the changes suggested by the LGC working group which the Mayor and Council supported.
- HB 732-FN, which would have lowered interest rates on unpaid taxes to a lower fluctuating rate, was voted “Inexpedient to Legislate.”
- HB 692, which would allow certain municipalities to adopt a property tax exemption for industrial construction, was voted by the House as “Ought to Pass with Amendment.” This bill was sponsored by Sen. Gallus and Reps. Stohl and King. This is a bill of obvious interest to the North Country. I admit to serious reservations about this bill in that I fear that the municipalities in the North Country who qualify will be forced to compete against each other to provide property tax exemptions to industrial concerns which would have come to the North Country anyway and paid full property taxes.
- Communication from Claremont Coalition, we received a letter from Co-Counsel Scott Johnson of the Claremont Coalition and Project Director for NH Citizen’s Voice Project. The letter argues that the Governor’s proposed constitutional amendment could actually make things worse for the poorer communities in the State.
- NCC Land Use Workshop, the North Country Council is sponsoring a workshop on Land Use, which will be led by Bernie Waugh, former NHMA legal counsel. The workshop will be held at the Franconia Town Hall starting at 5:30 on Thursday April 19th, 2007
- 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.

7.   Public Comments - No public comments.

8.      Council Comments
- Councilor Lafleur stated that the PD and Fire Departments are very good at getting grants, and now the schools have Mrs DeCourcey who has gotten a grant for 150 books for the high school library and snowshoes for PE class. Mrs DeCourcey has done a tremendous job.
-        Councilor Grenier attended the NH Legends of Hockey, where 3 more Berlin inductees Rene Leclerc, John Normand and Red Gendron have joined Berlin’s list of Hockey Legends
- Councilor Donovan inquired if a thank you had been extended to the communities that assisted the Fire Departments safety inspection.
- Mayor Danderson answered that they had been thanked

Councilor Grenier moved to go into Non-Public Session under RSA91-A:3,II(e) Only the following matters shall be considered or acted upon in nonpublic session: 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 purpose of this subparagraph, and RSA 91-A:2,I(b) For the purpose of this section, a “meeting” shall mean the convening of a quorum of the membership of a public body, as provided in RSA 91-A:1-a, to discuss or act upon a matter or matters over which the public body has supervision, control, jurisdiction or advisory power. “Meeting” shall not include: Strategy or negotiations with respect to collective bargaining.
-       Roll Call Vote – all votes in the affirmative.
-       Council recessed into Non-Public Session at 8:20p.m.
        
A TRUE RECORD, ATTEST:
Kristia L. Davis
Deputy City Clerk