City of Berlin, NH - City Council Minutes 05/21/2007 Regular Meeting

City Council Minutes 05/21/2007 Regular Meeting

PUBLIC HEARING - May 21, 2007

- School AREA Agreement.

- Ordinance Amending the Zoning Ordinance of the City of Berlin, NH. Sec.1506. Signs.

- Resolution to Release and Discharge a Portion of the Paper Streets Referred to as Strafford Street, King Street, Cheshire Street, Sullivan Street and Carroll Street from all public servitude in accordance with NH RSA 231:51.

- Resolution Appropriating Fifty-Two Thousand, Nine Hundred Dollars ($52,900) to the School Department from the Grants Listed.

- Resolution Authorizing the Berlin Police Commission to Apply for and Accept Grant Funds from the NH Fish & Game Department, Law Enforcement Division for OHRV Patrols for Fiscal Year 2008.

- Resolution Authorizing the Berlin Police Commission to Apply for and Accept Funds from the NH Department of Justice for the Enforcing Underage Drinking Laws Grant.

- Resolution Authorizing the Berlin Police Commission to Apply for and Receive Funds for any and all Purposes from the NH Highway Safety Agency for Highway Safety Project Grants for Fiscal Year 2008

Mayor Danderson called the Public Hearing to order at 7:29 p.m. to accept public comments regarding the above noted AREA Agreement, ordinance and resolutions. There being no one wishing to speak for or against the subject matters, the Mayor closed the public hearing at 7:30 p.m.

REGULAR CITY COUNCIL MEETING - MONDAY, MAY 21, 2007

Mayor Danderson opened the regular City Council Meeting at 7:31 pm. The pledge of allegiance to the flag preceded roll call. Present at roll call: Councilors Donovan, Lafleur, Poulin, Cusson, Roy and Grenier. Councilors Nelson and Danderson were absent. Also present: City Manager MacQueen, John Moulis, Marion Huntley, Pam Laflamme, the BHS Civics students, citizens and the press.

Minutes, Previous Meetings Councilor Roy moved with a second by Councilor Poulin to accept the minutes of the 5/07/07 WS; 5/07/07 Reg.Meeting; 5/14/07 WS. So moved, the motion carried.

Disbursements: It was recommended by the Committee on Accounts/Claims that all bills start date 5/08/07; end date 5/21/2007 be paid for a total cash disbursement of: $1,048,046.80 Draft #1541. Councilor Lafleur moved with a second by Councilor Donovan 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. No reports.

2. Ordinance amending the Zoning Ordinance of the City of Berlin, NH Section 1506.Signs Allowed By Permit Only (tabled 5/07/07) Underline = new text ~~Strikethrough~~ = deleted text

ARTICLE XV - SIGNS Section 1506. Signs Allowed By Permit Only Signs in the Business General Zone:

In the Business General (BG) zone, the following provisions regarding all signs shall apply:

a. The maximum total sign area per lot is one hundred fifty (150) square feet. This represents the amount of signage allowable for one lot which will also include one off premise sign. The area of the off premise sign shall be included in the total square footage available for the parcel. Any freestanding signs erected shall be set back a minimum of ten feet (10') from any property line and shall be no higher than twenty-five feet.

b. One (1) freestanding sign is permitted per lot with a maximum area of sixty-four (64) square feet and a maximum height of twenty-five feet (25'). The sign must be setback a minimum of ten feet (10') from any property line.

c. One (1) wall sign is permitted per building facade which faces a street or pedestrian way. The height of a wall sign shall not exceed four feet (4') and the width shall not exceed the facade width or thirty-two feet (32'), whichever is less.

~~d. One (1) projecting sign is permitted per business with a maximum area of twelve (12) square feet and no dimension shall exceed six feet (6').~~

~~e. One (1) awning sign is permitted per business, the maximum area of which shall not exceed twenty-five percent (25%) of the vertical surface area of the awning itself.~~

f.b. Window signs are permitted provided that they do not exceed thirty-three percent (33%) of the window area.

g.c. One (1) “open”, “sale”, or similar type of flag is permitted provided that the flag does not exceed three feet (3') by five feet (5') in size. The flag shall only be displayed during hours when the principal use is open. The flag shall not project or hang over a public right-of -way, including sidewalks, in a manner which intrudes upon, infringes upon or cause hazard to the public. The height of any pole or support structure for such flag shall not exceed fifteen feet (15').

h. One (1) off premise sign is permitted per business and per non-residential lot . The maximum sign area is twelve (12) square feet which is counted towards the total sign area of the lot on which it is located, as well as towards the total sign area for the lot of the business being advertised. The sign shall only be directional in nature and is limited to three (3) colors.

i.d. Menus or restaurant bill of fare signs mounted flat against the exterior of the building, and not exceeding total area of five (5) square feet, are also permitted.

j.e. Signs indicating the current time and/or temperature are permitted provided they meet all other provisions of this Ordinance.

5. Signs in the Industrial/Business Zone:

In the Industrial/Business (IB) zone, the following provisions regarding all signs shall apply:

~~d. One (1) projecting sign is permitted per business with a maximum area of twelve (12) square feet and no dimension shall exceed six feet (6').~~

~~e. One (1) awning sign is permitted per business, the maximum area of which shall not exceed twenty-five percent (25%) of the vertical surface area of the awning itself.~~

f.b. Window signs are permitted provided that they do not exceed thirty-three percent (33%) of the window area.

g. One (1) off premise sign is permitted per business and per non-residential lot. The maximum sign area is twelve (12) square feet which is counted towards the total sign area of the lot on which it is located, as well as towards the total sign area for the lot of the business being advertised. The sign shall only be directional in nature and is limited to three (3) colors.

6. Signs in the Jericho Gateway Zone

a. The maximum total sign area per lot is two hundred (200) square feet. This represents the amount of signage allowable for one lot which will also include one off premise sign. The area of the off premise sign shall be included in the total square footage available for the parcel. Any freestanding signs erected shall be set back a minimum of ten feet (10') from any property line and shall be no higher than thirty-five feet. By special exception, the signage for the property can be increased to four hundred square feet for parcels with more than three hundred (300) feet of frontage on an accepted street.

b. Menus or restaurant bill of fare signs mounted flat against the exterior of the building, and not exceeding total area of five (5) square feet, are also permitted.

c. Window signs are permitted provided that they do not exceed thirty-three percent (33%) of the window area.

This Ordinance shall be in full force and effect from and after passage.

- Councilor Lafleur moved with a second by Councilor Poulin to remove the ordinance from the table at this time. So moved, the motion carried.

- Councilor Lafleur moved with a second by Councilor Poulin to have the ordinance read a second time by title only. So moved, the motion carried.

- Councilor Lafleur moved with a second by Councilor Poulin to have the ordinance read a third time by title only. So moved, the motion carried.

- Councilor Lafleur moved with a second by Councilor Poulin to pass the ordinance. Unanimous affirmative votes with the exception of Councilor Roy who voted no. Mayor Danderson declared the ordinance passed.

3. Resolution to release and discharge a portion of the paper streets referred to as Strafford Street, King Street, Cheshire Street, Sullivan Street, and Carroll Street from all public servitude in accordance with NHRSA231:51(tabled 5/07/07)Resolved by the City Council of the City of Berlin as Follows:

- Whereas, the paper streets referred to as Strafford Street, King Street, Cheshire Street, Sullivan Street, and Carroll Street were dedicated to public use by virtue of them being drawn on Plan #1 Berlin Mills Addition, laid out by Pike, Perkins & Macey, July 1893 as recorded at Coos County Registry of Deeds, Volume 66, Page 402; and

- Whereas, the paper streets referred to as Strafford Street, King Street, Cheshire Street, Sullivan Street, and Carroll Street are in Map 130, Lot 120, have never been accepted by the City, and have not been built, or used for public travel since that dedication; and

- Whereas, the twenty year limit for the municipality to exercise its option to develop a road in that location has long passed; and

- Whereas, the parcel in question, Map 130, Lot 120, has significant physical limitations to development and the City sees no need for any roads in that location; and

- Whereas, NH RSA 231:51 allows a municipality to release and discharge a street from public servitude if it has not been developed in a twenty year time period. Now therefore be it resolved: that the City of Berlin releases and discharges the sections of the paper streets known as Strafford Street, King Street, Cheshire Street, Sullivan Street, and Carroll Street that are shown on Map 130 Lot 120 from all public servitude. The City hereby acknowledges that it has no rights or interests in said streets, and that ownership of the land contained therein remains fully with the landowners abutting such land as their title may decree. 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. Unanimous affirmative votes including Mayor Danderson who declared the resolution now passed.

4. Resolution Appropriating Fifty-Seven Thousand, Nine Hundred Seventy-Five Dollars ($57,975.00) to the School Department from the grants listed below. (tabled 5/07/07) Resolved by the City Council of the City of Berlin as Follows: Funds from the following projects are hereby appropriated to the school department for the purpose of the grants.

		Revised	Change from
Project	Budget	Amount	Original
PBIS HS GRANT~	0	2,000.	2,000.
NHEON & OPEN-NH NCES	0	49,400	49,400.
NE SKI MUSEUM GRANT	0	1,500.	1,500.
SAFE & DRUG FREE	0	1,700	1,700
TITLE IID TECHNOLOGY	0	3,375	3,375
		$57,975.	$57,975.

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 passed.

5. Resolution authorizing the Berlin Police Commission to apply for and accept grant funds from the NH Fish & Game Department, Law Enforcement Division, for OHRV patrols for Fiscal Year 2008. (tabled 5/07/07) Resolved by the City Council of the City of Berlin as Follows:

- Whereas, Berlin is the gateway to the Great North Woods, where many NH and out-of-state residents come to enjoy outdoor activities such as OHRV riding, and

- Whereas, Berlin has designated trails which access local establishments and more trails will be added through the development of the OHRV park; and

- Whereas, an increased number of people operate OHRVs on City streets to gain access to designated and/or unauthorized trails; and

- Whereas, an OHRV operator violating the law is virtually impossible to follow and apprehend with a cruiser; and

- Whereas, the Berlin Police Department possesses OHRVs, and officers are certified in the use of these vehicles; and

- Whereas, House Bill 1273 allows for the NH Fish & Game Department to contract with local law enforcement for OHRV details. Now therefore, be it resolved by the City Council of the City of Berlin, NH, that the Berlin Police Commission is hereby authorized to apply for and accept funds for OHRV law enforcement details. 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 Roy to have the resolution read a second time by title only. So moved, the motion carried.

- Councilor Grenier moved with a second by Councilor Roy to have the resolution read a third time by title only. So moved, the motion carried.

- Councilor Grenier moved with a second by Councilor Roy to pass the resolution. Roll call resulted in unanimous affirmative votes including Mayor Danderson who declared the resolution now passed.

6. Resolution authorizing the Berlin Police Commission to apply for and accept funds from the New Hampshire Department of Justice for the Enforcing Underage Drinking Laws Grant. (tabled 5/07/07)

Resolved by the City Council of the City of Berlin as Follows:

- Whereas, juvenile possession of alcohol is a problem in Berlin; and

- Whereas, Berlin encompasses 60 miles of paved roads, 11 parks and playgrounds, a large recreational lake, and well over 30 miles of dirt roads on its outskirts, and it is not uncommon to find gatherings of up to 40 youths attending outdoor parties; and

- Whereas, due to limited resources, the Police Department has become a reactive rather than proactive department, and effectual patrol of such a vast area has become increasingly difficult; and

- Whereas, one of the Berlin Police Departments objectives is to lessen the youth and alcohol problem, and one of the most effective means of accomplishing this goal is through dedicated enforcement and education; and

- Whereas, funds are available from the NH Department of Justice for dedicated saturation patrols for the period of June 1, 2007, through May 31, 2008, to enforce underage drinking laws and to educate juveniles through classroom sessions about the laws relating to underage drinking and its effects. Now therefore, be it resolved by the City Council of the City of Berlin, NH, that the Police Commission is hereby authorized to apply for and accept funds from the Department of Justice for the purpose of effectuating said Enforcing Underage Drinking Laws Grant. This Resolution shall be in full force and effect from and after passage.

- Councilor Lafleur moved with a second by Councilor Roy to remove the resolution from the table at this time. So moved, the motion carried.

- Councilor Lafleur moved with a second by Councilor Roy to have the resolution read a second time by title only. So moved, the motion carried.

- Councilor Lafleur moved with a second by Councilor Roy to have the resolution read a third time by title only. So moved, the motion carried.

- Councilor Lafleur moved with a second by Councilor Roy to pass the resolution. Roll call resulted in unanimous affirmative votes including Mayor Danderson who declared the resolution now passed.

7. Resolution 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 for Fiscal Year 2008 (tabled 5/07/07) Resolved by the City Council of the City of Berlin as Follows:

- Whereas, voluntary compliance of bicycle, scooter, and skateboard laws is a problem in Berlin, particularly in the downtown area; and

- Whereas, possession of alcohol and DWI offenses are a problem in Berlin, with more than 50 individuals arrested per year; and

- Whereas, traffic light avoidance is a problem which creates unnecessary risk for pedestrian traffic, and designated patrols are needed for enforcement; and

- Whereas, there is a need to increase seat belt usage by all vehicle occupants, as the states annual seat belt survey indicates that the percentage of individuals voluntarily buckling-up has decreased; and

- Whereas, the New Hampshire primary child passenger safety law requires that all children up to the age of four be restrained and properly secured in an approved child passenger safety seat, and everyone up to the age of 18 use a seat belt; and

- Whereas, information is available to teach young, inexperienced drivers specific educational experiences that focus on the behavior of vehicles, their limits of operation, and the effectiveness of seat belt use in the operation and occupancy of a motor vehicle, as they do not realize the limitations of vehicles or the harmful impact that alcohol may have on their ability to safely operate a vehicle; and

- Whereas, the NH Highway Safety Agency funds local projects to promote such enforcement and education, now therefore be it resolved by the City Council of the City of Berlin, NH, that the Berlin Police Commission is hereby authorized to apply for and receive funds for highway safety projects. Said funds granted to the City of Berlin will be used for the purpose of meeting the expenses directly included in the purpose of the grant. This Resolution shall be in full force and effect from and after passage.

- Councilor Cusson moved with a second by Councilor Donovan to remove the resolution from the table at this time. So moved, the motion carried.

- Councilor Cusson moved with a second by Councilor Roy to have the resolution read a second time by title only. So moved, the motion carried.

- Councilor Cusson moved with a second by Councilor Roy to have the resolution read a third time by title only. So moved, the motion carried.

- Councilor Cusson moved with a second by Councilor Roy to pass the resolution. Roll call resulted in unanimous affirmative votes including Mayor Danderson who declared the resolution now passed.

8. Authorized Regional Enrollment Area (AREA) Agreement between School Districts of Berlin and Milan.

- Councilor Grenier moved with a second by Councilor Cusson to accept the revised AREA Agreement between the Berlin School Districts and Milan. Roll call resulted in unanimous affirmative votes including Mayor Danderson who declared the agreement accepted.

9. Mayor's Report.

- Met with a NH Public Television official to discuss dilapidated housing and bad legislation. He brought the gentleman with him on his ATV up to Jericho Lake Park. That matter is being reviewed on the 27^th.

- KD Paine Letter to the Editor. Mayor Danderson began by saying he loves KD Paine and feels she is doing a good job providing Berlin with 20 jobs. The Mayor went on to say that Ms. Paine is making judgments with no knowledge. Laidlaw is not an incinerator and they must meet strict environmental guidelines. This company has the potential for good paying jobs and possible high dollar assessment to add to our tax base. This is not an either/or situation. In closing, the Mayor stressed that people should know all the real facts before they comment on issues that affect our community.

- Councilor Poulin moved with a second by Councilor Cusson to accept/file the Mayor's Report. So moved, the motion carried.

10. Resolution Increasing the Berlin School Department Budget Appropriation for Fiscal Year 2006/07 by One Hundred Sixteen Thousand, Fifty-Two Dollars ($116,052). (1^st read)

Councilor Grenier moved with a second by Councilor Poulin to table the resolution and schedule a public hearing for June 4, 2007. So moved, the motion carried.

11. Resolution Accepting a Grant for One Thousand Dollars ($1,000) from Wal-Mart for Fire Fighting Equipment. (1^st read)

Councilor Roy moved with a second by Councilor Poulin to table the resolution and schedule a public hearing for June 4, 2007. So moved, the motion carried.

12. Other Nothing in other

13. City Manager's Report.

- Mason Street Bridge. Deck is stripped and work has begun. More spalled areas uncovered than anticipated in the bid by the Engineer. Buying pre-mixed concrete to save labor fees will offset increased costs.

- NH Property Tax Exemptions. LGC provided an article regarding the matter and a copy was sent to the Board of Assessors for their info.-

- Student Government Day. Thank you note was sent to the Mayor and Council for allowing them to attend the Council meeting. Similar events are planned for the future.

- Legislation: Fine filter requirements stand in the way of developing the full 136-acre park.

- HB 653 & 876 on retirement system was lobbied by group II (police & fire). Senators should be contacted so they can vote to pass HB 653.

- HB 803 amends RSA 80:88;89. This bill reduces the 30-day period the City has to sell a tax-deeded property.

- HB 692 Industrial Exemption is a bad bill because it encourages towns to offer the lowest industrial property taxes, which is not in anyone's best interest.

- Mesh Network Project Weather Tower. The PD grant requirement is to have the tower up and running by September. The City is working toward obtaining a necessary easement.

- DES Chlor-Alkali site inspection. E² was hired by the EPA to conduct a study and will work directly with the City Planner to develop a scope of work. The project will begin in June.

- Laidlaw Meeting. Michael Bartoszek and Darwin Cusack met with Pam Laflamme, Norm Charest and Jim Wagner to discuss their plans for the NADC property. A biomass plant using the existing black liquor boiler is being planned. Laidlaw would own 60 acres and NADC would retain 60 acres.

- Councilor Roy moved with a second by Councilor Grenier to accept/file the City Manager's Report as read by the City Manager. So moved, the motion carried.

14. Public Comments No public comments

15. Council Comments Councilor Roy requested that the street sweeper clean up by the city cemeteries.

16. Adjournment:

There being no further business to come before the Council at this time, Councilor Roy moved with a second by Councilor Poulin to adjourn the regular City Council Meeting. So moved, the meeting adjourned at approximately 8:02 p.m.

A TRUE RECORD, ATTEST:

Debra A. Patrick, CMC

Berlin City Clerk