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City Council Minutes 09/17/2007 Regular Meeting
PUBLIC HEARING – September 17, 2007
Resolutions:
1) Tillotson Grant and the NH Dept. of Resource and Economic Development NW Grant change of scope to include the City of Berlin's Master Plan.

2) Application to the US EPA Brownfields Program for a $200,000 Grant to remove hazardous substances at 411 School Street.

Mayor Danderson opened the public hearing at 7:36 PM.  There being no one wishing to speak for or against the subject matters, Mayor Danderson closed the public hearing at approximately 7:37 p.m.  

REGULAR CITY COUNCIL MEETING - MONDAY, SEPTEMBER 17,2007
Mayor Danderson called the regular City Council Meeting to order at approximately 7:37 p.m.  The pledge of allegiance to the flag preceded roll call. Present: Councilors Bigelow, Donovan, Nelson, Lafleur, Poulin, Cusson, Boucher and Grenier.  Also present: City Manager MacQueen, Pam Laflamme, Andre Caron, citizens & the press.

Minutes, Previous Meetings
Councilor Poulin moved with a second by Councilor Nelson to accept the minutes of the 9/04/07 WS; 9/04/07 Regular Meeting.  So moved, the motion carried.

Disbursements: It was recommended by the Committee on Accounts/Claims that all bills start date 9/05/07; end date 9/17/2007 for a total cash disbursement of $1,310,430.27 Draft #1550.  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:  No public comments

1.      Council Committee Reports.  No Reports

2.Resolution authorizing the change of scope for the Tillotson Grant & the NH Department of     Resource & Economic Development North West Grant to include City of Berlin’s Master Plan.
(tabled 9/04/07) Resolved by the City Council of the City of Berlin as follows:  

Whereas, funds have been granted to the City of Berlin, $60,000 from the Tillotson Foundation and $25,000 from the Department of Resources and Economic Development North West Program; and

Whereas, the funding agencies have agreed that the benefit to the community is greater served by a comprehensive master plan incorporating the changing aspects of the City such as the sale of the former mill property, the creation of an ATV Park, the construction and opening of a Federal Prison in Berlin, and

Whereas, the Planning Board recognizes the greater need to update the Master Plan rather than focusing on a single endeavor.  Now therefore, be it resolved that $60,000 from the Tillotson Foundation and $25,000 from the Department of Resources and Economic Development North West Program, received by the City of Berlin shall be used for the City's Master Plan.  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 Cusson to have the resolution read a third time by title only.  So moved, the motion carried.

Councilor Grenier moved with a second by Councilor Cusson to pass the resolution.  Roll call resulted in unanimous affirmative votes of Council including Mayor Danderson with the exception of Councilor Donovan who voted no.  Mayor Danderson declared the resolution now passed.

3.      Resolution authorizing application to the US EPA Brownfields Program for a $200,000.00 Cleanup Grant to remove hazardous substances found in the 411 School Street building as part of “The 411 School Street Revitalization Project.” (tabled 9/04/07) Resolved by the City Council of the City of Berlin as follows:

Whereas, the City of Berlin owns the building known as 411 School Street which is currently unoccupied and in need of revitalization; and

Whereas, the City under a previous Brownfields Assessment Grant has documented the scope and cost of removal of hazardous materials; and

Whereas, the City is eligible for a Cleanup Grant under United States Environmental Protection Agency Brownfields Program rules for funds to cleanup this site; and

Whereas, the City will retain $40,000 from its current EPA Matching Funds for 411 School Street-NDHS as a match for this grant; and

Whereas, all grant proceeds shall be deposited with the City Treasurer and any additional use of the funds beyond the scope of work as listed in the application shall require prior approval of the City Council.   Now therefore, be it resolved by the City Council of the City of Berlin as follows:  That the City Manage is authorized to sign and submit a Cleanup Grant application to the United States Environmental Protection Agency Brownfields Program for $200,000 to remove the hazardous substances in the 411 School Street building; and that the City Manager is authorized to sign all documents and do all things 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 Cusson moved with a second by Councilor Nelson to remove the resolution from the table at this time.  So moved, the motion carried.
Councilor Cusson moved with a second by Councilor Nelson to have the resolution read for a second time by title only.   So moved, the motion carried.
Councilor Cusson moved with a second by Councilor Nelson to have the resolution read for a third time by title only.   So moved, the motion carried.
Councilor Cusson moved with a second by Councilor Nelson to pass the resolution. Roll call resulted in unanimous affirmative votes including Mayor Danderson who declared the resolution passed.

4.      Mayor's Report.  

Mayor Danderson would like to have someone to represent the City to attend a Development Conference to help provide Berlin with exposure and networking connections.  The Mayor asked George Ball from DRED to provide the City with the necessary funds to send someone to a conference.  Mr. Ball replied he needs to know how much money they are talking about.  Mayor Danderson asked the City Manager to look into what it would potentially cost and to get back to him so he could inform Mr. Ball to get things moving.  

On another matter, the Mayor mentioned the injuries sustained at the mill stack demolition and hopes everyone is doing ok.  He stated that the Police Department did all they could to keep everyone safe.  City Manager MacQueen replied that the City had no way of knowing where the danger zone would be since that was something only the demolition experts could predict.

Mayor Danderson mentioned that the Mayor and Council should send a get-well bouquet to former Ward 3 Councilor Ray Chagnon since he just got out of the hospital and his health is failing.

Councilor Grenier moved with a second by Councilor Cusson to accept the Mayor's Report, place it on file and to direct the City Clerk to order flowers for Mr. Chagnon and to pay for them from the Council Contingent Account. So moved, the motion carried.

5.      Ordinance amending the Code of Ordinances, Chapter 2, Administration, Article VI. Administrative Code, Division 3. Procurement Section 2-432.  Sale of Land.  (1st read)

Councilor Lafleur moved with a second by Councilor Poulin to table the ordinance and schedule a public hearing on October 1, 2007.  So moved, the motion carried.

6.      Resolution authorizing the Berlin Police Commission to apply for and accept Ten Thousand, Ninety-Two Dollars ($10,092) in grant funds from the US Department of Justice, Office of Justice Programs, for the Berlin Police Department Justice Award Grant and appropriating such funds to the Police Department for the purpose of the grant. (1st grant)

Councilor Nelson moved with a second by Councilor Cusson to table the resolution and schedule a public hearing on October 1, 2007.  So moved, the motion carried.

7.      Other.  Nothing in other.

8.      City Manager's Report.

GACIT Hearing.  Executive Councilor Burton and NH DOT held a public hearing here at City Hall to get public input regarding the Inter-modal Transportation 10-year plan.  The only city highway project  is Phase II of the Green Street Project.  

Glen Avenue Project.  To begin Wednesday at 7:00 am.

Dilapidated/Burned Property Questions.  Information now available on the city web site.

RiverFire Planning.  Committees are meeting and preparations are being made for a great festival.

Smokestack Demolition.  Did not go as planned due to minor injuries and property damage.

Laidlaw Press Release.  Perspective about their bio-mass project proposed for the mill site.

Economic Development Report.  Norm Charest provided the attached report.

BHA House for Sale.  Located at 74 Maynesboro Street.

Homecoming Parade.  Scheduled Friday, September 28.  The Parade & Bonfire to begin at 7:00 p.m.

Jehovah's Witness Court Claim.  Denied in Superior Court relating to Page Hill Road.

Oral:  Florida Light Power opposes the Fish & Wildlife proposal in the Umbagog area.  

Councilor Grenier added that the County Commission voted to "do nothing" and remain with the status quo.

Mayor Danderson said any changes to how the river is run could potentially affect the Hydros.

Councilor Grenier has the scooping documents which show their only concern is restricting access to land but he fears they might come after river regulations in the next round.
Councilor Grenier moved with a second by Councilor Lafleur to support alternative #1.  So moved, the motion carried and the City Manager will inform Bill Casey at the Wildlife Refuge about the Council vote.

Councilor Cusson moved with a second by Councilor Nelson to accept the City Manager's report and place it on file.  So moved, the motion carried.

9.      Public Comments:  No public comments

10      Council Comments:

Councilor Cusson agrees that sending a Berlin representative to a Planning Conference is in the City's best interest. It would be good exposure for the city and contacts made could be beneficial. He went on to say that the City Attorney ruled that there would be no conflict of interest if he would want to be elected to the Ward 3 Council Seat since he works for the schools and not the city

Councilor Nelson wished City Manager MacQueen a Happy 60th Birthday tomorrow.

Councilor Grenier mentioned a letter sent to the Mayor and Council regarding snow removal at the Northern Lights Housing Facility.  The Building Manager is concerned about the safety of the elderly who live there and requests a more timely snow removal policy for that area.  

Councilor Grenier moved with a second by Councilor Cusson to remand the letter to the Safety Committee for further review.  So moved, the motion carried.

On another matter, the Ward 4 Councilor stated that recycling in Berlin has significantly gone down.  He suggests that the Mayor and Council discuss the matter of bag for tag garbage to force individuals to recycle at a future Work Session.

Councilor Lafleur has been working with Public Works Director Ernie Allain to reeducate people to the idea of recycling and they already started with the schools.  He would rather reeducate the public first then think about moving forward with alternatives.

City Manager MacQueen reiterated if you adopt pay as you throw, recycling will become automatic. People will try to save themselves money so it takes care of itself. He supports those initiatives.

Councilor Donovan has tried to convince Council to privatize trash pickup for the last 10 or so years.  The private sector is aggressive and they have the time and the money to move forward.  We are one of the few cities to have curb-side trash pickup and there is a reason for that.  He favors the "you bring it, you pay for it" approach.  Privatizing trash pickup would free up Public Works personnel to attend to other matters which would create more jobs in the private sector.

Councilor Cusson asked the City Manager if the snow removal policy would be impacted if the Green Street underpass area is not open for winter.  City Manager MacQueen replied that later this week, he will meet with the contractor on-site to discuss the matter of when the bridge will reopen.

11.     Adjournment: There being no further business to come before the Council at this time, Councilor Nelson moved with a second by Councilor Donovan to adjourn the Regular City Council Meeting.  So moved, the regular meeting adjourned at approximately 8:21 p.m.

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