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City Council Minutes 07/16/2007
REGULAR MEETING - July 16, 2007

Mayor Danderson called the Regular City Council Meeting to order.  The pledge of allegiance to the flag preceded roll call.  Present at roll call:  Mayor Danderson, Councilors Nelson, Poulin, Cusson, Grenier, Donovan, Lafleur and Roy.  Staff members present were:  Marion Huntley, John Moulis, Patrick MacQueen, Pamela Laflamme; media and public were also present

Minutes, Previous Meetings
Councilor Roy moved with a second by Councilor Poulin to accept the minutes of the 7/2/2007 WS; 7/2/2007 Regular Meeting and 7/9/2007 WS.  So moved, the motion carried.

Disbursement:  It was recommended by the Committee on Accounts/Claims that all bills start date 7/9/2007; end date 7/16/2007 be paid for a total cash disbursement of:  $351,829.63 Draft #1546.  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 Hearing
Mayor Danderson called the public hearing to order at 7:40 p.m. and opened the floor to anyone wishing to speak for or against the subject matter.

Isaacson CDBG Mid-Grant Public Hearing.   Pamela Laflamme stated that at this Isaacson CDBG Mid-Grant public hearing, comments from the public are invited and encouraged.  All is going well with the grant.  The company has expanded employment almost to goal.  There were no comments from the public.

Cornerstone Project CDBG Mid Grant Public Hearing.  Pamela Laflamme reported that at this Cornerstone Project CDBG Mid Grant Public Hearing, comments from the public are invited and encouraged.  Construction has started on the project and they are about half way through the grant funds.  There were no comments from the public.

Mayor Danderson closed the public hearings at 7:43 p.m.

PUBLIC COMMENTS
Peter Bornstein, 106 Prospect Street.  He expressed strong opposition to any industrial use on the Burgess mill site, emphasizing that this is an opportunity to redefine and choose a course for the City.  Construction of a power plant or any industrial use will not have a positive impact.  He went on to say that the Mayor and Council have a duty to represent the wishes of the people which are to oppose the construction of a power plant.  

Ted McCormick, 119 Prospect Street.  He commented that a biomass plant will have residue in the air.  The plant has not yet filed to get on the grid.  What will happen to the volumes of heat created by the plant?  When are we going to get additional capacity on the power grid and when are we going to benefit from the energy created?  An energy plant should not be in the downtown but on the outskirts of the city.  

Sylvia Poulin, Hall of Greetings.  The visioning meeting held at the Junior High in the fall clearly envisioned something else at the site.  She asked for a show of hands from fellow retailers if they would want something else on the site.  The majority present did want something else.   

Paul Charest, 2069 Riverside Drive.  Having a biomass plant on the mill site will be a detriment to the city.

Dora Lavigne, 88 Prospect Street.  She encouraged opposition to a biomass plant on that piece of property.

Phil Wagner, visitor.  He stated that the buildings in the City are some of the most beautiful anywhere.  The City is magnificently sited with its view of the Androscoggin River and the mountains.  As an outsider, he would come back to vacation here and purchase a second home.

David Bertrand, 334 Madison Ave.  He agreed that it is incumbent on the City Council to implement the will of the people.  He feared that additional room on the grid would mean additional power lines and truck traffic would be increased.  He implored the Council to investigate fully and not have industry in the center of the City.  

Mayor Danderson closed the floor to Public Comments at 8:10 p.m.

OLD BUSINESS
Council Committee Reports - there were no reports.

NEW BUSINESS
Mayors Report.  

Biomass Plant.  Mayor Danderson stated that the Council makes decisions based on all the facts. A giant vacant lot would be worse than having a biomass plant.  There is 200 years of industrial use that has occurred on that property.  It is likely not suitable for retail or residential.  The Council has to be sensitive to the tax burden in the city.  He added that he welcomes ideas and people who are willing to make a commitment.  He does not want to scare away potential.  

There is reality with an ATV Park; however 20 miles of trails will not attract anyone.  He encouraged everyone to support the park.

Resignation.  Mayor Danderson read a resignation letter from Councilor Nelson.  Councilor Grenier moved to accept the resignation, effective at the end of this meeting; Councilor Donovan seconded and the motion carried with Councilor Poulin opposed.

Councilor Grenier moved to advertise for Ward I councilor and have the interviews for Ward II at the next work session. Letters of interest for Ward II will be accepted until 4:00 pm on the 23rd with interviews being held that night; Councilor Donovan seconded and the motion carried.

BIDPA Appointment.  Mayor Danderson recommended Elizabeth Penney for a three year term on the BIDPA Board for a term to end in July 2010.  Councilor Donovan moved to accept the Mayor's recommendation; Councilor Lafleur seconded and the motion carried unanimously.  

Councilor Roy moved to accept the Mayor's Report; Councilor Poulin seconded and the motion carried unanimously.  

Resolution:  Police Department to Apply for $2,125.00 from the Department of Justice for Bullet Proof Vests
Councilor Roy moved, with a second from Councilor Nelson to table the resolution for an August 6, 2007 public hearing.  So moved, the motion carried.

Communication from Joseph Murray
The communication regarding sidewalk repair on Church Street was accepted and remanded to the City Manager in a motion from Councilor Grenier with a second from Councilor Donovan and a unanimous vote of the Council.  

Resolution to Discontinue a Portion of Rheims Street Between Bridge Street and Pershing Avenue
Councilor Donovan, with a second from Councilor Lafleur moved to table the resolution for an August 20, 2007 public hearing.  So moved, the motion carried.

City Manager's Report
-Hillside Avenue Sidewalk Project and Glen Avenue Project. Couture is the general and M&L is doing the concrete work. The excavation work should be complete in about a week and the project is on track to be complete by the second week in August. The Glen Avenue project is being delayed until the week of July 23rd.
-Building Brick Pointing Project.  Al Peabody is currently working on brick pointing the Police Station/Rec. Center Building. Because the purchase cost of a lift is so high, we are renting a lift from ProQuip.
-TimeWarner Cable Franchise negotiations.  Time Warner now wants to continue negotiations for new cable franchises with Berlin and Gorham.
-New England Forest Rally and Thunder In the Mountains Events .  The New England Forest Car Rally went off again this year with the Mayor starting the cars in front of City Hall at 9:30am on Saturday, July 14th. People were able to see the cars in action at the viewing area at Hutchins and Success Pond Road.
-The Thunder in the Mountains event is this coming Saturday. It will be from noon to 8pm with the State Police Motorcycle group parading through at a 7:45 and a free concert at the Northern Forest Heritage Park at 8pm. Main Street from Mechanic to Mason Street will be closed as will a portion of Pleasant Street from York to Green Street.
-NPDES Response.  Mickey Therriault and PersonNameErnie Allain have been busy working on a response to the Federal EPA which has asked for volumes of information on the City's WWTF with respect to CSO's (overflows of the system around the plant into the river).
-Impressions of Care Groundbreaking Thursday 7/12.  The AVH project to create the nice walkway from Hutchins Street to the entrance to the hospital had its groundbreaking event last Thursday at the AVH Clinic.
-Legislative Bulletin Items
Retirement Bills Adopted.  The Committee of Conference versions of HB 653 and HB 876 were adopted by the House and Senate. There will now be, with the passage of HB 653, one representative representing local governments on the Board of Trustees of the NHRS.

HB 876 establishes a 21 member study commission to try to look at how the NHRS got into the financial mess it is in. Of the 21 members there will be only 3 representatives of local government employers. The general public will be represented by 4 members. There will be 9 employee members and two retiree members on the commission in addition to the Chair of the NHRS, 2 Senators and 3 Representatives.

Budget.  The Budget that passed the Legislature apparently does not cut municipal revenue sources such as rooms and meals, revenue sharing and highway block grants. In addition local law enforcement grants for ATV enforcement were brought back into the budget after having been removed.

Labor Bill Dead for Now.  SB 88 which has reduced the number of employees required to form a bargaining unit was laid on the table in the House on June 6th and has remained there. It will undoubtedly be back next year.

OBD Exemption.  HB 202 thankfully included an amendment which exempts municipal and county government inspection stations from the requirement for electronic (OBD) testing for another two years. If it had not, municipalities would have been required to purchase very expensive OBD testing equipment and then use it only one month of the year.

Higher Damage Limits.  HB 882 was passed in a compromise version which raises the limits on municipal liability in personal injury cases from $150k to $275k per person and from $500k to $925k per occurrence

Councilor Grenier, with a second from Councilor Roy moved to accept the City Manager Report.  So moved the motion carried.  

Public Comments
Ted McCormick, 119 Prospect Street.  Commented that it's not that he doesn't want a biomass plant at all, just not at that location.   

Paul Charest, 2069 Riverside Drive.  He took exception to the Mayor's comments and added that he has been investing in the community for 20 years.  

Katie Paine, 77 Main Street.  She stated that she has created 28 jobs and plans on buying a building and a house and creating an additional 28 jobs.  She is trying to get outside investors here but the problem is that they think this is an industrial town

Council Comments
Councilor Cusson commented that the mill property was purchased as an industrial property and they have rights too.  He added that he is not sold on the proposal of a biomass plant because the plant is a conversion.  The mill site has a lot of brownfield and some of that property is likely unusable.  

Councilor Grenier reasoned that he was on the Council when the City was 12 days from municipal bankruptcy.  He views the mill site as an industrial property that will serve to employ people.  He supports the property being industrial with low tax maintenance and high revenue enabling the rest of us to survive.  

Councilor Lafleur agreed with Councilor Grenier's comments and added that the property is owned privately and there is not a lot that can be done.    

Councilor Donovan recalled a tour he went on of communities in MA and CT where textile industries had closed.  The communities started to prosper once they had accepted the change.  Berlin has the same issues.  He said that he supports a biomass plant but not in the middle of the downtown.  We have other locations that could accommodate.  We can affect change on private property.  He added that we have not seen the results of the Tillotson grant.  

There being no further business to come before the Council, Councilor Roy moved to adjourn; Councilor Donovan seconded and the motion carried.  The meeting ended at 9:05 p.m.

Respectfully Submitted,

Susan Tremblay
Administrative Assistant