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City Council Minutes 10/01/2007 Regular Meeting
PUBLIC HEARING – October 01, 2007

Ordinance:
Amending the Code of Ordinances, Chapter 2, Administration, Article VI. Administrative Code, Division 3. Procurement Section 2-432. Sale of Land.

Resolution:
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.
Mayor Danderson opened the public hearing at 7:50 PM.  There being no one wishing to speak for or against the subject matters, Mayor Danderson closed the public hearing at approximately 7:51 p.m.  

REGULAR CITY COUNCIL MEETING - MONDAY, OCTOBER 01,2007
Mayor Danderson called the regular City Council Meeting to order at approximately 7:51 p.m.  The pledge of allegiance to the flag preceded roll call. Present: Councilors Bigelow, Donovan, Lafleur, Poulin, Cusson and Boucher.  Councilors Nelson and Grenier were absent.  Also present: City Manager MacQueen, Pam Laflamme citizens & the press.

Minutes, Previous Meetings Councilor Lafleur moved with a second by Councilor Donovan to accept the minutes of the 9/17/07 WS; 9/17/07 Regular Mtg.; 9/24/07 WS.  So moved, the motion carried.

Disbursements: It was recommended by the Committee on Accounts/Claims that all bills start date 9/18/07; end date 10/01/2007 for a total cash disbursement of $1,293,452.54 Draft #1551.  Councilor Donovan moved with a second by Councilor Poulin 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 Code of Ordinances, Chapter 2, Administration, Article VI. Administrative Code, Division 3. Procurement Section 2-432.  Sale of Land.  (tabled 9/17/07)
Be it ordained by the City Council of the City of Berlin, as follows:
-Whereas, the Mayor and Council of Berlin wish to codify policy with respect to the sale of surplus City land, as well as clarify its policy with respect to the repurchase of property taken by tax deed by former owners; and
-Whereas, the City of Berlin has taken a number of properties tax deed for nonpayment of taxes; and
-Whereas, the City is moving through the process of clearing the residential properties of occupants in order that they may be publicly sold at the earliest possible time; and
-Whereas, RSA 80:90, I(f) provides that repurchase by a former owner involves the payment of a 15% of assessment penalty in addition to the outstanding taxes, fees, interest and costs: and
-Whereas, RSA 80:80, I, III, and VI and 80:91 also provide that the governing body has discretion regarding the terms under which tax deeded properties are sold back to former owners; and
-Whereas, the City of Berlin has provided for a waiver in certain instances, of the 15% assessment penalty on former non-commercial residential property owners who repurchase their former residential property by paying all outstanding taxes, fees, interest and cots in cases where the residential property was not under a condemnation order, zoning violation or other property related violation of the law; and
-Whereas, the definition of "non-commercial" properties which may be eligible for this waiver needs to clearly state the Council's intent is for the waiver to apply only to former non-commercial residential property owners who actually lived in the property as their primary residence for a significant period of time prior to the tax deeding.  Now therefore be it ordained by the Mayor and Council of the City of Berlin that the Code of the City of Berlin is hereby amended as follows: "Property taken by the City by Tax Deed will be processed and disposed of or retained in accordance with state laws and the above paragraph.  However, in cases where former non-commercial residential property owners who occupied the property as their primary residence a the time of tax-deeding and who seek to repurchase their tax deeded property by tendering payment for all outstanding taxes, interest, fees and costs, the 15% assessment penalty referred to in RSA 80:90 I(f) is hereby waived, if and only if, such property has not been tax deeded by the City from the same or related (husband, wife, son, daughter, mother, father, sister, brother, grandparent or grandchild)owner(s) before, and if and only if, such non-commercial residential property was not under a condemnation order. Notice of zoning violation or notice of other property-related violation of the law.  "Non-commercial" as used herein shall mean property of no more than two residential units, one of which has been the primary residence of the formmer owner for at least three(3) years at the time of tax deeding."  This ordinance shall be in full force and effect from and after passage.
-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.      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. (tabled 9/17/07)
Resolved by the City Council of the City of Berlin as follows:
-Whereas, the safety of Berlin's citizens is imperative; and
-Whereas, funds are available for specialized equipment for enhanced police services; and
-Whereas, the Berlin Police Department increasingly relies on the integration of emerging technologies and equipment to improve jurisdictional capabilities to deter and prevent criminal activity; and
-Whereas, the Department of Justice, Office of Justice Programs will provide $10,092.00 in grant funds to the Berlin Police Department for the purpose of purchasing specialized equipment to enhance law enforcement capabilities.  Now therefore be it resolved by the City Council of the City of Berlin, NH that the Berlin Police Commission is authorized to apply for and accept funds from the US Department of Justice, Office of Justice Programs for the Berlin Police Department Justice Award Grant.  Further, that $10,092.00 be appropriated to the Berlin Police Department for the purpose of effectuating said grant.  This resolution shall be in full force and effect from and after passage.
-Councilor Donovan moved with a second by Councilor Cusson to remove the resolution from the table at this time.  So moved, the motion carried.
-Councilor Donovan moved with a second by Councilor Cusson to have the resolution read a second time by title only.  So moved, the motion carried.
-Councilor Donovan moved with a second by Councilor Cusson to have the resolution read a third time by title only.  So moved, the motion carried.
-Councilor Donovan moved with a second by Councilor Cusson to pass the resolution.  So moved, the motion carried and Mayor Danderson declared the resolution now passed.

4.      Mayor's Report.  
-The Mayor attended a Town Hall meeting with John Ratzenberger and Tom O'Reilly to name a few.  The importance of industry in our community, protecting jobs and our industrial base were discussed.  Other topics included the impact of losing a large  industry in a community and fair trade opposed to free trade.  It was a good experience and there should be an upcoming article in the Manchester Union Leader about it.
-The Mayor heard many false rumors about Laidlaw and wants to give citizens some actual facts.  1) He is in favor of a biomass plant but his first choice would have been PSNH.  Due to current legislation, PSNH is unable to base such a facility in Berlin.  2) Legislation proposed by the Energy Committee and Senators Martha Fuller-Clark, O'Dell, etc. has made us rely on an independent power producer and we scavenge what we can to survive.  3) People say just move the boiler to another location.  The Mayor replied it would not be economic for such a move since most power plants need to be near large sums of water to condense their products. 4) Pollution was another misconception.  To prove that biomass plants are green, the Mayor talked about several awards the PSNH plant received regarding pollution prevention.  
-Mayor Danderson is disappointed Laidlaw has not come forward with replies to the citizens group.  He hopes Laidlaw begins to answer some of the misinformation that is spreading within the community.  The citizens for a better future group need to see the facts and hear the truth.
-On another matter, the Mayor publicly stated that he is not shoving a particular industry down people's throats but will not throw stumbling blocks in the way of a potential industry.  That tax base is important and he is not willing to give up on industry.  He would like the Citizens for a Better Berlin to come up with answers on how to make up for the loss of revenues.  The Mayor wants a positive forum with real facts so everyone can work together on a viable solution.
-Councilor Lafleur moved with a second by Councilor Poulin to accept the Mayor's Report and place it on file.  So moved, the motion carried.

5.      Other.  Nothing in other.

6.      City Manager's Report.
-Public Works Projects.  Green Street Bridge work continues.  It will be open this winter so it will not impede the snow removal policy.  It will however, be closed next summer to finish the work.  The Glen Avenue project is completed and just needs to be lined and marked.  The Page Hill Road sidewalk project got the assistance of the PWD. Much in-house street paving was accomplished due to the productivity of the paving crew.  The Cates Hill and East Milan Road landfills were mowed.
-CIP.  For the next six years (2008-2013) due Friday.
-RiverFire.  Laura Viger and the committee finalizing plans for this Saturday's event.
-2008 Legislative Session.  List by Representative Theberge and Senator Gallus.
-Coos County Supplemental Budget.  Hearing of a supplemental appropriation to the budget set for Friday, October 12 at 10:00 am at the North Country Resource Center.  There will be no impact on the Country tax rate for this tax year.
-Right-to-Know Law Forum.  Hosted by Town of Gorham on 10/18/07 at 6:30 pm at the Royalty Inn.
-LGC Annual Conference.  November 7-9, 2007 at the Radisson Hotel in Manchester.
-Manager's time sheet attached.

-Councilor Donovan asked the City Manager if the paving on Glen Avenue which did not include curb-to-curb was a cost saving measure.
-Councilor Lafleur replied that Ernie Allain previously said that would not be paved curb-to-curb.
-Councilor Donovan said it is time the Mayor and Council support the consolidation of the County prison with the State prison.
-Councilor Lafleur mentioned needing more information before voting on the matter.
-Councilor Donovan moved with a second by Councilor Cusson to send letters of support urging the prisons to begin the process of merging services.  Roll call resulted in unanimous affirmative votes with the exception of Councilor Lafleur who voted no.  So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor Donovan to accept the City Manager's report and place it on file.  So moved, the motion carried.

7.      Public Comments:  No public comments

8.      Council Comments:
-Mayor Danderson gave kudos to Councilor Grenier and Danny Dagesse for being instrumental with the restoration of the Notre Dame Arena.  By inviting 2 professional teams to our area, they have brought the excitement of hockey back to Berlin.
-Councilor Donovan moved with a second by Councilor Cusson to send the Notre Dame Arena Committee a letter of appreciation for their hard work.  So moved, the motion carried.
-Councilor Lafleur mentioned several local activities such as the BHS Homecoming Parade/Games, NFHP Pig Roast and Hockey Game at the Arena held this past weekend which celebrate the positive side of Berlin.
-Councilor Donovan heard a comment by a Gorham person that we should be proud of Berlin because we can get things done.  It was good to hear a positive comment about our community.

9.      Adjournment: There being no further business to come before the Council at this time, Councilor Donovan moved with a second by Councilor Poulin to adjourn the Regular City Council Meeting.  So moved, the regular meeting adjourned at approximately 8:27 p.m.

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