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City Council Minutes 07/02/2007 Regular Meeting
PUBLIC HEARING - JULY 2, 2007
Resolution - Discharge Success Loop Road  
Mayor Danderson opened the public hearing at 7:30 p.m.  The following comments were heard:
- Kurt Masters, Milan, reminded Council their reason for acquiring a Federal Prison was jobs and he is not proud they are taking taxpayer money for those jobs. Every penny spent on supplies for that prison adds to the Federal debt, which burdens taxpayers forever. Mr. Masters told the Mayor and Council they are part of the problem when they apply for Federal Government Grants and discouraged them from applying for any others.
- Anthony Harp, Granite Street, agrees with Mr. Masters. He stressed that a Federal Prison would not give economic benefits to the area and suggests the prison go elsewhere.
- Lucille St.Onge-Hickey, Milan, made a last appeal to Council to reconsider closing Success Loop Road.  She feels their opinions and lives don't matter to Council and they don't understand how they are losing their security and privacy for the sake of a few jobs.  Ms. Hickey does not comprehend how such a small handful of people can jeopardize so many lives.  If there should be an emergency and help can't get through because the road is closed, that death would be on the Mayor and Council's heads.
- Dave Hickey, Milan, asked when the road will actually close and what will be used to close off the road?  
- City Planner Pam Laflamme replied that she does not have a specific closure date but it will be after the resolution passes when it is legally possible.
- Dave Hickey added that recently he read an article about the Mayor asking citizens for respect.  Mr. Hickey contends that in order to get respect you have to give respect.
- Lucille St.Onge-Hickey in closing asked the Mayor and Council who to send the bill to for all the extra miles she will be forced to drive due to the road closure?
There being no further comments, the Mayor closed the Success Loop Road Discharging Resolution public hearing and opened the public hearing for the other following subject matters:
Ordinances - 305 Willard Street disabled parking; Exchange/Green intersection stop/yield sign.
Resolution - CDBG Neighborhood $500,000 Program.
Andre Caron, Housing Coordinator, appealed to the Mayor and Council to pass the CDBG resolution. Over 70 people applied for grants, which would help to improve Berlin's housing quality.
There being no further public comments, Mayor Danderson closed the public hearings at 7:43 p.m.

REGULAR CITY COUNCIL MEETING - MONDAY, JULY 2, 2007
Mayor Danderson called the regular City Council Meeting to order at 7:44 pm.  The pledge of allegiance to the flag preceded roll call. Present at roll call: Councilors Nelson, Lafleur, Poulin, Cusson, Roy and Grenier. Also present: City Manager MacQueen, Andre Caron, citizens & the press. Absent: Councilor Donovan.

Minutes, Previous Meetings Councilor Roy moved with a second by Councilor Poulin to accept the minutes of the 6/18/07 Work Session; 6/18/07 Regular Meeting.  So moved, the motion carried.

Disbursements: It was recommended by the Committee on Accounts/Claims that all bills start date 6/19/07; end date 6/30/2007 YEAR END be paid for a total cash disbursement of: $2,912,801.58 Draft #1544 and bills start date 7/02/07; end date 7/02/2007 for a total cash disbursement of $645,175.42 Draft #1545.  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.  No Reports

2. Ordinance amending Sec. 15-79. Parking spaces reserved for the disabled, Chapter 15, Traffic and Vehicles, Article III. Stopping, Standing and Parking of the Code of Ordinances of the City of Berlin by adding: 305 Willard Street.  (tabled 6/18/07)
Be it ordained by the City Council of the City of Berlin as follows: Sec. 15-79. Parking spaces reserved for the disabled. (a) the following parking spaces are designated for parking of vehicles for disabled persons only: Willard Street in front of 305 Willard Street, a single space.  This ordinance shall be in full force and effect from and after passage.
- Councilor Lafleur moved with a second by Councilor Nelson to remove the ordinance from the table at this time.  So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Nelson to have the ordinance read a second time by title only.  So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Nelson to have the ordinance read a third time by title only.  So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Nelson to now 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 & Vehicles, Article II Specific Street Regulations,Sec.15-33.Stop Intersections & Sec.15-34 Yield Intersections.Exchange/Green Sq.
(Tabled 6/18/07) Be it ordained by the City Council of the City of Berlin as follows: Exchange Street is hereby deleted from Stop Intersections and added to Yield Intersections.  This ordinance shall be in full force and effect from and after passage.
- Councilor Nelson moved with a second by Councilor Cusson to remove the ordinance from the table at this time.  Councilors Roy and Grenier voted no.  So moved, the motion carried.
- Councilor Nelson moved with a second by Councilor Cusson to have the ordinance read a second time by title only.  Roll call resulted in unanimous negative votes.  The motion failed.

4. Resolution of the City of Berlin to hereby discontinue completely Success Loop Road from the intersection with East Milan Road to the Milan Town Line totaling 1.2 miles "the Road").(tabled 6/04/07) Resolved by the City Council of the City of Berlin as follows:
- Whereas, the Road is surrounded by only one abutter in Berlin and that property owner has plans to utilize the entire property including the road for a single purpose, namely the construction of the new Federal Prison; and
- Whereas, the property owner has requested the discontinuance of the Road for purposes of overall security and layout of the Prison; and
- Whereas, the construction and operation of said prison is viewed as a project of major economic significance to the City and to the greater area of Coos County as a result of the approximately 350 jobs that will be created after construction; and
- Whereas, the portion of Success Loop Road on the Milan side of the Town Line is approximately 2.0 miles in length to the next available cross road, being East Milan Road; and
- Whereas, there are approximately 41 Milan residences abutting the Milan portion of Success Loop Road from the Town line to the intersection of East Milan Road; and
- Whereas, the Road is not needed for emergency access or evacuation of such Milan residents in light of such access by East Milan Road; and
- Whereas, the City of Berlin will provide written notice to the Town of Milan and those abutters abutting the Milan portion of Success Loop Road to East Milan Road; and
- Whereas, the Mayor and Council see no public interest or benefit to the citizens of Berlin in continuing the maintenance of the Road.  Now therefore be it resolved by the Mayor and Council of the City of Berlin that Success Loop Road from the intersection with East Milan Road to the Milan Town Line, totaling 1.2 miles is hereby completely discontinued and the City of Berlin relinquishes any and all interest in this portion of the Road to the abutting land owner in accordance to the applicable State Law and case law.  This resolution shall be in full force and effect from and after passage.
- Councilor Grenier moved with a second by Councilor Nelson to remove the resolution from the table at this time.  Councilor Roy voted no.  So moved, the motion carried.
- Councilor Grenier moved with a second by Councilor Nelson to have the resolution read a second time by title only.  Councilor Roy voted no.  So moved, the motion carried.
- Councilor Grenier moved with a second by Councilor Nelson to have the resolution read a third time by title only.  Councilor Roy voted no.  So moved, the motion carried.
- Councilor Grenier moved with a second by Councilor Nelson to pass the resolution.  Roll call resulted in unanimous affirmative votes with the exception of Councilor Roy who voted no. Mayor Danderson declared the resolution now passed.

5.Resolution authorizing application to the Community Development Block Grant Program for a Five Hundred Thousand Dollar ($500,000) grant to rehabilitate and revitalize properties within the City of Berlin and continue the Berlin Neighborhood Revitalization Project.  (tabled 6/18/07) Resolved by the City Council of the City of Berlin as follows:
- Whereas, a housing revitalization assessment completed in five targeted areas by the Berlin Housing Coordinator and AHEAD Inc. (Affordable Housing, Education And Development) of Littleton, has identified and documented a need to assist homeowners in making repairs to their homes; and
- Whereas, documentation shows that 35% of the properties assessed were in need of some repairs; and
- Whereas, the city is eligible, community wide, for CDBG funds based on data from Census 2000 documenting that 54% of Berlin residents are of low to moderate income levels; and
- Whereas, the Berlin Neighborhood Revitalization Project has already received more applications for these services than the current Berlin Neighborhood Revitalization Project can fund; and
- Whereas, all grant proceeds shall be deposited with the City Treasurer and that any additional use of the funds beyond the scope of work as listed in the application shall require prior approval of the City Council; and
- Whereas, the City Council adopts the attached Housing and Community Development Plan and,
- Whereas, the City Council adopts the attached Residential Anti-Displacement and Relocation Assistance Plan. 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 Community Development Block Grant application for Five Hundred Thousand Dollars ($500,000.00) to continue funding the citywide Berlin Neighborhood Revitalization Project which rehabilitates and revitalizes properties in need of repairs and to make this program available citywide through a project, and upon approval of said application, the City Manager is authorized to execute any documents which may be 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 force and effect from and after passage.
- Councilor Lafleur moved with a second by Councilor Poulin to remove the resolution from the table at this time.  So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Poulin to have the resolution read a second time by title only.  So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Poulin to have the resolution read a third time by title only.  So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Poulin to pass the resolution. Roll call resulted in unanimous affirmative votes including Mayor Danderson who declared the resolution passed.
        
6. Mayor's Report.    Appointments: BIDPA.
Richard Huot: Mayor Danderson recommended the reappointment of Richard Huot for a term to expire July 2010.  Councilor Grenier moved with a second by Councilor Nelson to accept the Mayor's nomination of Richard Huot.  So moved, the motion carried.
Andre Duchesne: Mayor Danderson recommended the reappointment of Andre Duchesne for a term to expire July 2010.  Councilor Nelson moved with a second by Councilor Grenier to accept the Mayor's nomination of Andre Duchesne.  So moved, the motion carried.
7. Rockingham Street Handicap Parking Sign Request.
Jeannette Nadeau is requesting a handicap parking space in front of her 638 Rockingham Street home due to health reasons.
- Councilor Grenier moved with a second by Councilor Roy to remand the matter to the Safety Committee for further review.  So moved, the motion carried.

8.High Street Sign Request.
Dr. Saadat Khan is requesting that a parking notice be placed in front of his 213 High Street office to allow his patients to park there for health and safety concerns.
- Councilor Roy moved with a second by Councilor Nelson to remand the matter to the Safety Committee for further review. So moved, the motion carried.

9.Other:  Nothing in other.
                
10.City Manager's Report.
Rural Development Event  
June 21, Jolinda LeClerc, Federal Director for Rural Development in Vermont and NH gave the City a key representing $3,150,648 Rural Development funds provided to Berlin families toward getting/maintaining single-family home ownership.  Army Veteran James Hall's 417 Derrah Street home will receive significant improvements made possible by the work of Rural Development and Tri-County Cap.
Best of New Hampshire Event   
Held at the Verizon Center in Manchester June 21 attended by Mayor Danderson, Councilor Nelson, Pam Laflamme and me. It featured booths and displays of businesses considered to be the Best in NH by New Hampshire Magazine.  Berlin was recognized for Riverfire and being a community on the rise.
New England Forest Rally   
Saturday, July 14 to start at 7:30 a.m. on Main Street in front of City Hall.
Rock Salt Bid  
Attached is the Notice of the State Bids for Rock Salt. We are District #1 and our cost will be $56.15 per ton, a 10% increase over our $50.83/ per ton last year.
Police Mesh Network Bid  
Awarded to IT Guardian who bid $16,021.to keep the project moving.  The Homeland Security Funding Agency requires project completion by September. We have a Dummer Yard weather tower easement description enabling us to accept the deed from Fraser.
CDFA Monitoring of ISI CDBG funds on ISI project  
The monitoring letter from CDFA regarding their review of our handling of the CDBG funds on the ISI project is very complimentary of the City and the City Planner with respect to this fairly complex project.
Impressions of Care   
The AVH project to create the nice walkway from Hutchins Street to the entrance to the hospital is getting underway and looking for donors. Information on where and how to donate is in your FYI file.
Renewable Energy Efforts  
A NH Business Review article on 6/22/07 supports SB140, which provides that the State Energy Policy Committee must report back to the Senate President its findings on renewable energy with interim reports on December 1, 2007 and a final report on December 1, 2008.  Mr.Pfundstein's point is that the State needs to promote expansion of the power infrastructure in the North Country to encourage renewable power facilities to be built and the inadequate power infrastructure needs to be upgraded.
HB143 on Apportionment of Damages
New Hampshire Business Review wrote the status of HB143 which awaits the Governor's action to sign it or not. The article points out that the trial lawyers sent out a mailer/fax urging recipients to contact small businesses to tell them why the bill was not good for small businesses. The attorneys got it right for once
Manager's Time and Time Off
Vacation planned the week of 6/30/07 through 8/03/07. Laura Viger will be Acting Manager in my absence.
Holiday Trash Pickup  No trash pickup Wednesday.  Instead trash will be picked up on Friday.
- Councilor Roy moved with a second by Councilor Poulin to accept/file the City Manager's Report as read by the City Manager.  So moved, the motion carried.

11.     Public Comments - No public comments

12.     Council Comments :
Councilor Grenier received a phone call at home from Charles Cotton Director of Northern Human Services who informed the Ward 4 Councilor that despite the Mayor and Councils' unanimous opposition to base a mental health facility in Berlin, they are going ahead with their plans.  Councilor Grenier urged his fellow Councilors to take 10 minutes of their own time to make a phone call to the Governor to ask him why the state should have the power to override a local government decision.  He also suggested it is important to also contact Executive Councilor Ray Burton since he could be instrumental with this matter.

Mayor Danderson agrees and does not like the way the state went about things but he wants to stay on the inside so he can at least have some input.

Councilor Grenier suggests picketing outside the new facility and to have media presence there when it happens.  He added he is not opposed to the mission and wants to remind people that the state is the one who did not fund Riverside 2.

Councilor Nelson had good news to share.  The NH Employment Security Office was awarded a federal grant that offers Coos County employers a tax credit if they qualify.   

Mayor Danderson shared the bad news that the ATV trail work being done was halted by the NH Fish & Game Department due to possible damage to the flora/fauna.  Work cannot resume until the state biologist inspects the area and gives their ok.

Councilor Cusson asked if this was something the Governor could override and was told the Governor could not.  Councilor Cusson then moved with a second by Councilor Nelson to have the City Manager send a letter to the NH Fish & Game Department to request that their Biologist be allowed to expedite the inspection process by August 15, 2007 so trail work can continue.  So moved, the motion carried.
13.     Adjournment: There being no further business to come before the Council at this time, Councilor Roy moved with a second by Councilor Cusson to adjourn the City Council Meeting.  So moved, the meeting adjourned at approximately 8:23 p.m.    

A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
City Clerk