May 19, 2008
Work Session
Present were: Mayor Bertrand, Councilors Evans, Goudreau, McCue, Lafleur and Donovan; Councilors Poulin, Remillard, and Cayer were absent.
Others present were: Pamela Laflamme, Norman Charest, Jim Wagner, Jon Edwards, Patrick MacQueen, media and public.
Economic Development Report
Mayor Bertrand indicated that due to potential land acquisitions, this portion of the meeting will be held in non-public session at the end of the work session.
Hiring Tri County CAP for CDBG
Mayor Bertrand noted that a draft contract is being presented to the Council as well as a spreadsheet showing the type of work that is being proposed to be paid for with a $350,000 Community Development Block Grant. Mr. MacQueen added that an agreement would be entered into with each of the property owners; however the City would be contracting with CAP to complete the work that has been estimated. Councilor McCue confirmed that CAP would be taking a mark up of 10% on materials.
Councilor Lafleur moved that the City's bidding ordinance is hereby waived with respect to the implementation of the City's CDBG housing rehabilitation program with the understanding that the City will be entering into an agreement or agreements on a time and materials basis with Tri-County Community Action for the work to be done under this program at the various eligible properties on the east side of the City; Councilor McCue seconded and the motion carried.
Industrial Park Road Discontinuance
Mayor Bertrand stated that the resolution has had its first reading and public hearing; it will need to be amended on the floor.
Memorial Day Meeting Schedule
Mayor Bertrand proposed convening a meeting Tuesday, May 28th.
Non Public Session
Councilor Lafleur moved with a second from Councilor Donovan to go into non-public session per RSA 91-A:3 II. ~(d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community. The motion carried unanimously by roll call vote.
Councilor Lafleur moved with a second from Councilor Goudreau to come out of non-public session. By unanimous roll call vote, the motion carried.
Councilor Donovan moved with a second from Councilor McCue to seal the minutes of the non-public session as releasing them would render the proposed action ineffective. So moved the motion carried.
REGULAR MEETING - MONDAY, MAY 19, 2008
Mayor Bertrand called the Regular Meeting of the City Council to order at approximately 7:30 p.m. The pledge of allegiance to the flag preceded roll call. Present: Mayor Bertrand, Councilors Lafleur, Donovan, McCue, Evans, Goudreau, and Donovan; Councilors Poulin, Remillard, and Cayer were absent.
Minutes, Previous Meetings: Councilor Goudreau moved with a second from Councilor McCue to accept the minutes of the 5/5/08 Regular Meeting; and 5/12/08 Work Session. So moved, the motion carried.
Disbursements: It was recommended by the Committee on Accounts/Claims that all bills start date 5/6/2008, end date 5/19/2008, for a total cash disbursement of $1,158,933.93 Draft #1566 be paid. Councilor Lafleur moved with a second by Councilor McCue to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims. So moved, the motion carried
PUBLIC COMMENTS – Mrs. Watson’s civics class thanked the Council for accommodating the class at their meeting.
OLD BUSINESS
Council Committee Reports – Safety Committee Report
In his report, Councilor Donovan noted that the Safety Committee made the following recommendations: Request for No Parking at the Main Street Trolley Stop, Saturdays 9-4:30
The committee voted unanimously to recommend that the Council amend the existing ordinances to include no parking on Saturday from 9-4:30 at the Main Street Trolley stop.
Request for No Parking on Madigan Street from 6th to 7th Avenue. The committee voted unanimously to recommend to the Mayor and Council that the ordinances be amended to provide no parking on the north side of Madigan from 6th to 7th Avenue.
Councilor Goudreau moved to approve the recommendation and move forward with an ordinance amending “no parking” to include Saturday from 9-4:30; Councilor McCue seconded and the motion carried.
Councilor McCue moved to approve the recommendation and move forward with an ordinance amending “no parking” to include the north side of Madigan Street; Councilor Donovan seconded and the motion carried.
Resolution 2008-13 Closure of Industrial Park Road (as amended)
Whereas, Greenova, LLC, a subsidiary of Woodstone, USA, LLC, has applied for state, federal and local approvals to site a new wood pellet processing facility at the Berlin Industrial Park; and
Whereas, Greenova has requested the discontinuance of the Road for purposes of safe and efficient operation of the wood processing facility; and
Whereas, the section of the Road to be discontinued is coextensive with the limit of the property frontage to be owned by Greenova on both sides of Industrial Park Road at the inside loop within the Berlin Industrial Park; and
Whereas, the construction and operation of the Greenova facility is a project of major economic significance to the City and to the greater Coos County area as a result of the creation of 30 to 40 jobs at the facility and another some 200 jobs in the wood procurement and logging industry; and
Whereas, the Berlin Planning Board has approved the Site Plan Application including the closure of Industrial Park Road; and
Whereas, the Berlin Industrial Park Development Authority has considered favorably the road closure request; and
Whereas, Greenova will provide and construct at its sole expense adequate turnarounds at either end of the discontinued section of Industrial Park Road to allow for ease of movement from trucks and other vehicular traffic along either section of Industrial Park Road, which turnarounds will be conveyed to the City as public access easements; and
Whereas, Greenova will allow access for government public safety vehicles along the closed section of Industrial Park Road in the event of an emergency; and
Whereas, the City is expressly retaining and reserving its existing utility easements as they may exist within the discontinued portion of the Road in accordance with RSA 231:46
Whereas, the Mayor and Council see no public interest or benefit to the citizens of Berlin in continuing the maintenance of the Road; and
Whereas, the Road is not needed for emergency access to or evacuation from any of the other businesses located in the Industrial Park; and
Whereas, Greenova agrees that the public right-of-way will revert back to its original layout with full public access and restored to its current configuration and status without compensation to Greenova, its successors or assigns, if the facility ceases to operate for a period of 12 months or more.
Now, Therefore, Be It Resolved by the Mayor and Council of the City of Berlin that, subject to the terms and conditions set forth above, the 629.68’ section of Industrial Park Road as depicted on the attached Site Plan for the Greenova facility entitled, “Overall Site Plan for the Wood Pellet Plant Site located in Berlin, New Hampshire prepared for Greenova, LLC”, prepared by H.E. Bergeron Engineers, Inc, and dated 1/9/2008 is, effective upon the City’s issuance of a building permit for the construction of the wood pellet facility, 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 with the applicable state law and case law unless otherwise retained pursuant to the terms and conditions set forth above.
This Resolution shall be in full force and effect from and after passage.
Councilor Donovan with a second from Councilor McCue, moved to remove the resolution from the table. So moved, the motion carried. Councilor Donovan moved to amend the resolution; Councilor McCue seconded and the motion carried.
Councilor Donovan, with a second from Councilor McCue, moved to have the second reading of the resolution, as amended. So moved, the motion carried.
Councilor Donovan moved to pass the resolution as amended; Councilor McCue seconded and the motion carried. Councilor Evans abstained.
NEW BUSINESS
Ordinance Amending Parking Spaces Reserved for Public Transportation
Councilor Lafleur moved with a second from Councilor Donovan to table the resolution and schedule a public hearing for June 2, 2008. So moved the motion carried.
Ordinance Prohibiting Parking on a Section of Madigan Street
Councilor Lafleur moved with a second from Councilor Goudreau to table the resolution and schedule a public hearing for June 2, 2008. So moved the motion carried.
Resolution 2008-17 DWI Saturation Patrols
Councilor Donovan moved with a second from Councilor McCue to table the resolution and schedule a public hearing for June 2, 2008. So moved the motion carried.
City Manager’s Report
City Manager MacQueen reported on an All-Hazard Pandemic Meeting that occurred on Thursday May 15th
Demolition of the burnt out property on Goebel Street occurred today. This is the last major burnt out property we have in the City.
North Country Council upcoming workshops include one on Solid Waste and Recycling in New Hampshire to be held at the NCC offices in Bethlehem on June 5th from 4-6pm.
The other is on Historic Preservation, May 28th at the Franconia Town Hall from 5:30-7:30pm.
In the Legislature, it appears that the battle over retirement reform, HB 1645, will continue between the House and the Senate. It will now go back to the Senate for a non-concur vote or a committee of conference.
The Senate has also overturned the House Commerce, Labor and Consumer Protection Committee's recommendation of Inexpedient to Legislate on HB 1463 (the "evergreen" bill) and instead has passed the bill.
On a more positive note, the Senate has passed HB 1408 clarifying the Right-to-Know law with respect to electronic records. It is expected that the Governor will sign it.
The Mayor and Council received an acknowledgement from the Berlin-Gorham Lion's Club thanking them for the City's contribution in memory of Robert Morin. The Society for the Protection of New Hampshire Forests acknowledged the City's contribution in support of the amicus brief defending the Forest Plan in US District Court.
Councilor Lafleur moved to accept the Manager’s Report; Councilor McCue seconded and the motion carried.
Councilor Donovan commended staff for their diligence in dealing with the fire properties.
PUBLIC COMMENTS – there were no public comments
COUNCIL COMMENTS
Councilor McCue reported that the Main Street Program has been awarded the Outstanding Community Award and Thunder in the Mountains was named Best Event.
Councilor Lafleur thanked the Civics class for attending and allowing him to speak to the class. He presented the Mayor with written reports on “What Berlin Will Look Like in the Future” and asked that the Mayor review them
Mayor Bertrand said that it is part of his duty to do the will of the people and that includes the will of the generation to come. He wants to work for the betterment of the city so that students will have enough reason to stay here as adults.
Councilor Goudreau stated that he had several visits and calls from constituents who expressed dissatisfaction with the Council’s published budget. They feel the Council is not in tune with the financial difficulties going on in the city. He urged departments to have a back up budget ready.
Mayor’s Report
There are three vacancies for alternates on the Planning Board. These members vote when regular members are absent.
Mayor Bertrand recommended that Greg Estrella and Jennifer Boucher be appointed to the Planning Board as Alternate Members for terms ending 4/2010 and that Richard Cassidy be appointed for a term to end 4/2011. Councilor Goudreau moved to approve the Mayor’s recommendation that Greg Estrella and Jennifer Boucher are appointed to the Planning Board as Alternate Members for terms ending 4/2010 and that Richard Cassidy is appointed for a term to end 4/2011; Councilor McCue seconded and the motion carried unanimously.
Mayor Bertrand commented that he has received feedback from constituents who were hopeful that the Council would cut more from the budget. There are two more steps before the budget becomes final: the Council is free to make changes after the public hearing and once the City Council makes its decision, the tax rate goes to the DRA.
Councilor Donovan moved to accept the Mayor’s report; Councilor McCue seconded and the motion carried.
Non Public Session
Councilor McCue moved with a second from Councilor Donovan to go into non-public session per RSA 91-A:3 II. ~(d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community. The motion carried unanimously by roll call vote.
Councilor Donovan moved with a second from Councilor Goudreau to come out of non-public session. By unanimous roll call vote, the motion carried.
Councilor McCue moved with a second from Councilor Lafleur to seal the minutes of the non-public session as releasing them would render the proposed action ineffective.
Councilor Donovan moved to adjourn; Councilor McCue seconded and the motion carried unanimously. So moved the motion carried. The meeting ended at 8:50 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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