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City Council Minutes 06/02/2008
June 2, 2008
Work Session

Present were:  Mayor Bertrand, Councilors McCue, Remillard, Lafleur, Goudreau, Cayer, Evans, Poulin, and Donovan.  Blandine Shallow, Pamela Laflamme, Patrick MacQueen, Norm Charest, media and public were also present.

Revenue Bonds for the Greenova Project
Blanket Issuer Letter of Representations
Mr. MacQueen noted that the City Attorney referred the letter of representations to Dave Barnes, the bond attorney, who responded that the letter is standard and there should be no reason not to sign it.  This is a standard letter, in typical form that will enable these bonds to be sold and issued in "book-entry-only" form through Depository Trust Company ("DTC"), the country's largest securities depository.~ As such, the record holder of these bonds will be DTC, but individual interests in the bonds can be sold and traded merely through entries on the books of DTC and its participants, avoiding the necessity for printing a large number of bonds in small denominations.~ This is the process that is utilized for virtually all municipal bonds that are sold and traded on~other than a private placement basis.~~
The City is agreeing to the terms of selling the bonds; however there is no liability to the city.  The bonds do not go against the City’s debt limit.  This is simply a process needed because only the municipality or state can issue revenue bonds.  All costs are to be picked up by the borrower. Councilor Evans moved that contingent upon the passage of the resolutions pertaining to revenue bonds on the agenda, the Mayor is given the authority to sign the Blanket Issuer Letter of Representations; Councilor Lafleur seconded and the motion carried.  

Ordinance to Amend the Provisions of the Zoning Ordinance that Apply to Special Exceptions Sought for any Bulk Power Supply Facility, Energy Facility or Renewable Energy Facility  
Ms. Laflamme reported that the amendments to the zoning ordinance proposed are to the “Uses Permitted by Special Exception.”  The amendment speaks to the way the ZBA will hear special exceptions.  The new Section 3 will pertain to power and energy suppliers.  Councilor McCue confirmed that such power and energy suppliers are allowed in the Industrial General Zone as well as in Rural Residential.  Councilor Evans established that new energy projects would be covered by this language.  Councilor Donovan commended staff on the language of the ordinance noting that it will be easy to regulate.  Mayor Bertrand stated that the first reading will be tonight, followed by a public hearing June 16.

Budget
Mayor Bertrand commented that the public hearing had good attendance and the next step in the budget process is the first reading of the budget resolution.  Councilor Donovan stated that the budget can be adjusted at any time prior to passage.  After passage, a majority of the Council needs to vote to reduce the budget and it would take a 2/3 majority to increase it.  Mr. MacQueen informed the Council that estimated assessments will increase the values of the hydros in the city by about $5 million which can be added to the tax base.  That would bring the tax rate from $31.50 to $31.19.  Councilor Donovan added that the County budget will likely be lower as well and that could lower the rate by .44 per thousand. He asked that the budget be on the June 9th work session agenda.  Councilor Goudreau asked if further instruction should be given to department heads saying that the Council does not want to see a tax increase of $1.43.  The people who came to the budget hearing do not represent a fraction of the population, but the message was clear.  

Councilor McCue said that he doesn’t know where else there can be cuts.  The Council has been through every line item and he would like to have seen more concessions from the school department.  Councilor Goudreau noted that if the Council is convinced it is the school driving the budget increase, then we should sit with the School Board.  Councilor Donovan stated that there is $800,000 there that could be cut.  

Councilor Lafleur stated that he did not attend the public hearing; however there is $997,000 that the City sends to the AVRRDD for solid waste.  More effort should be made by the public to recycle and that would serve to lower the tax rate.  Mayor Bertrand asked how recycling would be measured and enforced and Councilor Lafleur voiced that Public Works and the Police Department could help with enforcement.  The AVRRDD will be doing a public education campaign on recycling.

Councilor Goudreau feared that the public would interpret the presentation of this budget as a measure of support.   Councilor McCue moved to amend the line item for the schools to $15,500,132; Councilor Evans seconded.  Councilor Poulin confirmed that such a decrease will lower the tax rate.  He noted that the citizens cannot afford a tax increase at all.  If this were his business, he would make the tough decisions so that it works.  There are a lot of elderly and people on fixed incomes who do not have the opportunity to move and who live in his ward.  Councilor Donovan stated that he supports the motion.  

In the vote on the motion, all voted in the affirmative with the exception of Councilor Lafleur who opposed the motion.

Other
Proposed Letter to the Federal Delegation Re: a Proposed Cut in Funding for the Clean Water Act Section 104(g)
Mr. MacQueen submitted a letter that was proposed by Henry Noel, the Waste Water Superintendent opposing cuts to grants provided by the Clean Water Act Section 104(g)

Councilor Donovan moved to authorize staff to send a letter to federal delegation opposing the cuts; Councilor Goudreau seconded and the motion carried.  

7:30 Public Hearing
Mayor Bertrand opened the duly advertised public hearing at 7:30 p.m.
He asked for comments on an Ordinance Amending Parking Spaces Reserved for Public Transportation and there were no comments.
Mayor Bertrand gave the public the opportunity to speak to an Ordinance Prohibiting Parking on a Section of Madigan Street; there were no comments.
With regard to Resolution 2008-15 Adopting the Provisions of RSA 162-G relative to the Acquisition, Development and Disposal of Industrial Land and Facilities, Paul Grenier of 492 Champlain Street asked if the City was adopting the provisions of 162-G in order to issue revenue bonds.  He questioned how the City would re-acquire its position if the business fails.  Mr. MacQueen, in response, stated that the only reason the city is adopting 162-G is to issue the revenue bonds.  The City has been assured that issuing these bonds will not affect the city’s credit, nor will the City have any liability.   
Mayor Bertrand asked for comments on a Resolution 2008-16 Providing Preliminary Approval of the Issuance of Bonds For The Purpose Of Financing Certain Manufacturing and/Or Processing Facilities for Greenova, LLC; there were no comments.
Mayor Bertrand asked for public input on Resolution 2008-17 DWI Saturation Patrols; there being no comments, he closed the public hearing at 7:33 p.m.

REGULAR MEETING - MONDAY, JUNE 2, 2008
Mayor Bertrand called the Regular Meeting of the City Council to order at approximately 7:33 p.m.  The pledge of allegiance to the flag preceded roll call.  Present at roll call were: Mayor Bertrand, Councilors Lafleur, Donovan, McCue, Evans, Goudreau, Poulin, Remillard, and Cayer.

Minutes, Previous Meetings:  Councilor Lafleur moved with a second from Councilor Donovan to accept the minutes of the 5/19/08 Regular Meeting; and 5/27/08 Work Session. So moved, the motion carried.  

Disbursements:  It was recommended by the Committee on Accounts/Claims that all bills start date 5/20/2008, end date 5/31/2008, for a total cash disbursement of $655,725.11 Draft #1567 be paid.  Councilor Donovan moved with a second by Councilor Remillard to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims. So moved, the motion carried

PUBLIC COMMENTS
Paul Grenier, 492 Champlain Street informed the Council that he represented the Coos County Commissioners at a public hearing held in the Auditorium this evening to formally finalize a Community Development Block Grant sponsored by the County for $500,000 per year for 2 years.  

Mr. Grenier went on to say that he was going to congratulate the Council on a responsible budget process until he learned that the Council had removed $800,000 from schools.  With rising energy costs, they will have less funding than in the last fiscal year.  This will have a catastrophic effect on the entire community.  Athletics will be cut and if athletics are cut then the arena is next.  It is shameful that the Council would not have presented those numbers to the public.  He ended his statement by saying it is drastic and sad if the Council thinks they can get away with it.

OLD BUSINESS
Council Committee Reports.  There were no reports at this time.

Ordinance Amending Parking Spaces Reserved for Public Transportation
That Sec. 15-84 is hereby amended as follows:
(a)The following parking spaces are designated as a stop for public transportation:
Main Street, two (2) spaces on the easterly side of the street, south of the crosswalk, between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday; 9:00 a.m. to 4:30 p.m. Saturday

Councilor Lafleur with a second from Councilor McCue, moved to remove the ordinance from the table.  So moved, the motion carried.  Councilor Lafleur, with a second from Councilor McCue, moved to have the second reading of the Ordinance.  So moved, the motion carried.  Councilor Lafleur moved to pass the ordinance; Councilor McCue seconded and the motion carried

Ordinance Prohibiting Parking on a Section of Madigan Street
That Sec. 15-69.  is hereby amended to add the following New Language:
Sec. 15-69. Prohibited at all times in designated places.  
(a)     When signs are erected, or other markings made, giving notice thereof, no person shall park a vehicle at any time upon any of the following streets or  arts of streets longer than necessary to load or unload passengers or commodities:
                Madigan Street, north side from Sixth to Seventh Avenue

Councilor Donovan with a second from Councilor McCue, moved to remove the ordinance from the table.  So moved, the motion carried.  Councilor Donovan, with a second from Councilor McCue, moved to have the second reading of the Ordinance.  So moved, the motion carried.  Councilor Donovan moved to pass the ordinance; Councilor McCue seconded and the motion carried

Resolution 2008-15 Adopting the Provisions of RSA 162-G relative to the Acquisition, Development and Disposal of Industrial Land and Facilities (as amended)
Resolved by the City Council of the City of Berlin as Follows:
Whereas, the City of Berlin has an industrial prospect which is proposing the use of Industrial Revenue Bonds to assist in financing the costs of the acquisition, construction, furnishing and equipping of a wood pellet manufacturing facility project in Berlin; and
Whereas, it is necessary for a municipality to have formally adopted the provisions of RSA 162-G in order to be able to serve as an issuer for the issuance and sale of such revenue bonds; and
Whereas, the City of Berlin wishes to float Industrial Revenue Bonds to assist with financing of this current project and potential future industrial development facilities with this type of financing under the authority of RSA 162-G;  and
whereas, formal adoption of RSA 162-G requires a majority vote of all the members of the City Council, following a public hearing before the Council, due notice for said public hearing to have been published in one or more newspapers of general circulation among the citizens of the City of Berlin for 3 successive weeks, with the last publication being at least one week before the day of the public hearing and adoption.
Now therefore be it resolved by the Mayor and City Council of the City of Berlin (“Council”) as follows:
1.  The Notice of Public Hearing, attached hereto as Exhibit A is a true and accurate copy of the notice for public hearing before City Council concerning the authority of the City of Berlin to serve as an issuer of revenue bonds under RSA 162-G.  Said notice was published in the May 9, 2008, May 16, 2008, and May 23, 2008 editions of The Berlin Daily Sun, being a newspaper of general circulation within the City of Berlin.
2.  On the 2nd day of June, 2008, pursuant to said notice, the City Council of the City of Berlin convened the public hearing required by statute and, following an opportunity for public comment, the Mayor and City Council, by affirmative vote of a majority of those present, declared its intention to adopt the provisions of RSA 162-G relative to the Acquisition, Development and Disposal of Industrial Land and Facilities.
This Resolution shall be in full force and effect from and after passage.
Councilor Remillard with a second from Councilor Donovan, moved to remove the resolution from the table.  So moved, the motion carried.  Councilor Remillard moved to amend the resolution; Councilor Donovan seconded and the motion carried.  
Councilor Remillard, with a second from Councilor Donovan, moved to have the second reading of the resolution, as amended.  So moved, the motion carried.   Councilor Remillard moved to pass the resolution as amended; Councilor Donovan seconded and the motion carried

Resolution 2008-16 Providing Preliminary Approval of the Issuance Of Bonds for the Purpose of Financing Certain Manufacturing and/or Processing Facilities for Greenova, LLC  
Resolved by the City Council of the City of Berlin as Follows:
Whereas, the City of Berlin, New Hampshire (the “Issuer”), is authorized and empowered by the provisions of the City Charter of the City of Berlin, New Hampshire, as well as by the Constitution and laws of the State of New Hampshire, to issue industrial development revenue bonds for the purposes of providing funds to pay all or any part of the cost of any “industrial development facilities” as defined in the City Charter, Division 6, Section 2, as well as “projects” under  Title 12, Chapter 162-G of the New Hampshire Code of Laws, as amended, and other applicable provisions (the “Act”), and to lease such projects to others,  or to finance the acquisition, construction and equipping of such projects either directly by a company, said facilities to be leased to a company; and
Whereas, Greenova, LLC, a New Hampshire limited liability company, its heirs, successors, and assigns  (the “Applicant”), has advised the Issuer that it proposes that the Issuer issue industrial development revenue bonds in an aggregate principal amount not to exceed $10,000,000 for the purposes of assisting the Applicant in the acquisition, construction and equipping of manufacturing and processing components of a wood pellet manufacturing or processing facility to be located in Berlin, New Hampshire (the “Project”), or, alternatively, that the Issuer will use the proceeds of such financing to acquire, construct and equip such facilities and  the Issuer will lease same to applicant; and
Whereas, the Applicant has proposed that the Issuer issue its revenue bonds under the Act to finance the acquisition, construction and equipping of the Project under a financing agreement whereby the proceeds of such bonds would be utilized to acquire, construct, and equip the Project pursuant to the terms of a lease agreement, and the Applicant would make lease payments sufficient to pay the principal of, premium, if any, and interest on said bonds; and the Applicant has further advised the Issuer that the determination by the Issuer to accept such a proposal for financing the Project will constitute a substantial inducement to the Applicant to proceed with the Project;
Whereas, the issuance and sale of said revenue bonds will not reduce the legal bonding capacity of the Issuer;
Whereas, the Issuer shall bear no expense in connection with the issuance sale of said revenue bonds and all expenses in connection thereto which are incurred by the Issuer shall be reimbursed to the Issuer by the Applicant;
Whereas, the principal and interest payable on said bonds are not payable from funds raised by taxation by the Issuer;
Whereas, the issuance of said bonds shall not obligate the full faith and credit nor any taxing power of the Issuer; and
Whereas, subject to required approvals, it appears that the financing of the Project would be a public benefit to the health, prosperity, economic stability and general welfare of the City of Berlin and the State of New Hampshire and the inhabitants of either;
Now, therefore, be it resolved, by the City of Berlin, New Hampshire (the “Issuer”) as follows:
Section 1.      The Issuer finds, determines, ratifies and confirms that the creation and retention of opportunities for gainful employment and the creation of business opportunities to be achieved by the Project will be of benefit to the health and general welfare of the citizens of the City of Berlin and the State of New Hampshire; and that it is in the public interest that this Issuer take such action as it lawfully may to encourage diversification of industry and promotion of job opportunities in the City and State, all as required under the Act.
Section 2.      The Issuer further finds, determines, ratifies and confirms that the issuance and sale of industrial development revenue bonds of the Issuer under the Act in an aggregate principal amount not to exceed $10,000,000 for the Project, and the loan of the proceeds of the revenue bonds to the Applicant, will serve the public purposes referred to above, in accordance with the Act.
Section 3.      In order to induce the Applicant to proceed with the Project, the Issuer hereby finds, determines, ratifies and confirms that:
        i)      It will take or cause to be taken such actions pursuant to the Act as may be reasonably required to implement the aforesaid financing, or as it may deem reasonably appropriate in pursuance thereof; provided that all of the foregoing shall be mutually acceptable to the Issuer and the Applicant; and
        ii)     It will adopt such resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be reasonably necessary and advisable for the authorization, issuance and sale of said industrial development bonds.
Section 4.      All costs of the Project incurred for planning, engineering, interest paid during underwriting expenses, attorney and bond counsel fees, acquisition, and equipping of the Project, including reimbursement or repayment to the Applicant of moneys expended prior to the adoption by the Issuer of this Resolution would be to be included as part of the Project costs to be financed out of the loan of the proceeds the sale of the bonds to the extent permitted by the Act and applicable regulations promulgated under the Internal Revenue Code of 1986, as amended.
Section 5.      All action taken and approvals given by the Issuer, with regard to the Applicant, are based upon the evidence submitted and representations made by the Applicant, its agents or counsel, to the Issuer.  No independent examination, appraisal or inspection of the Project was made, requested, or is contemplated by the Issuer.
Section 6.      The Issuer does not, by this or any other approval or funding, guarantee, or even suggest that the bonds, coupons or series thereof will be a reasonable investment for any person, firm or corporation.
Section 7.      The Issuer shall not be obligated, directly or indirectly, to see to the application or use of the proceeds from the sale of the bonds or to see that the contemplated improvements, if any, are constructed. The Issuer is in no way responsible to the holders for any payment obligation created by the bonds.
Section 8.      The Issuer does not warrant, guarantee or even suggest that interest to be paid to or income to be received by the holders of any bond, coupon, or series thereof is exempt from taxation by any local, state or federal government.
Section 9.      The bonds shall be limited, special obligations of the Issuer, payable solely from the funds provided therefore as described in the indenture authorizing the bonds, and not constitute an indebtedness of the Issuer or a loan of the credit thereof.
Section 10.     This Resolution does not constitute a binding obligation of the Issuer to issue the bonds, but instead, is a commitment by the Issuer to proceed with negotiations for the financing described herein with the Applicant and is subject to the adoption of an approving bond resolution by the Issuer in accordance with the provisions of the Act.
Section 11.     At the request of the Applicant, Kasson & Associates, LLC is hereby designated as Bond Counsel in connection with the authorization, issuance and sale of the Bonds, and at the request of the Applicant, W.R Taylor & Company, LLC is hereby designated as Underwriter, Placement Agent or Financial Advisor as the case may be in connection with the authorization, issuance and sale of the Bonds. The Applicant agrees that it will reimburse the Issuer for its Bond Counsel and underwriting fees and reasonable and necessary out-of-pocket expenses which the Issuer may incur at the Applicant's request arising from the Project or this proposed financing and the performance by the Issuer of its obligations pursuant to the Project or this proposed financing.
Section 12.     Bond Counsel, Kasson & Associates, LLC, is authorized and directed to take any legal action necessary or appropriate in connection with the issuance of the Bonds.
Section 13.     This Resolution shall be in full force and effect upon adoption by the Issuer and compliance with the procedures required by law.
This Resolution shall be in full force and effect from and after passage.
Councilor Lafleur with a second from Councilor McCue, moved to remove the resolution from the table.  So moved, the motion carried.  Councilor Lafleur, with a second from Councilor McCue, moved to have the second reading of the resolution.  So moved, the motion carried.  Councilor Lafleur moved to pass the resolution; Councilor McCue seconded and the motion carried

Resolution 2008-17 DWI Saturation Patrols
Resolved by the City Council of the City of Berlin as Follows:
Whereas the Less Lethal Munitions Instructor Certification Course provides relevant concepts appropriate to the roles  and responsibilities of deploying chemical munitions where potentially volatile situations can occur; and
Whereas the use of chemical munitions can avoid the need for use of deadly force; and
Whereas chemical munitions can only be deployed by officers trained in said deployment; and
Whereas the NHPSTC has funding available for such training; and
Whereas officers who successfully complete the instructor certification course will then have the ability to train other officers, rendering a savings in training expenses to the city,
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 Eight Hundred Fifty-Three Dollars and Thirty-Three Cents ($853.33) in grant funds from the NHPSTC for the Less Lethal Munitions Instructor Certification Course.  Further, that Eight Hundred Fifty-Three Dollars and Thirty-Three Cents ($853.33) 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 Cayer with a second from Councilor Donovan, moved to remove the resolution from the table.  So moved, the motion carried.  Councilor Cayer, with a second from Councilor Donovan, moved to have the second reading of the resolution.  So moved, the motion carried.  Councilor Donovan moved to pass the resolution; Councilor Cayer seconded and the motion carried

NEW BUSINESS
Ordinance to Amend Zoning as it Pertains to Special Exceptions sought for any Bulk Power Supply Facility, Energy Facility, or Renewable Energy Facility as defined by NHRSA 162-H:2 (referred to herein as “Energy Projects”)
Councilor Donovan moved with a second from Councilor Remillard to table the ordinance and to schedule a public hearing for June 16, 2008.  So moved, the motion carried.

Resolution 2008-18 Authorizing the Police Commission to Apply for $853.33 of Training Grant Funds
Councilor Lafleur moved with a second from Councilor McCue to table the resolution for a public hearing for June 16, 2008.  So moved, the motion carried with Councilor Evans voting against.

Resolution 2008-19 Adopting a Budget of $49,384,655.00 for Fiscal Year 2008-2009
Councilor Donovan moved with a second from Councilor Goudreau to table the resolution and schedule a public hearing for June 16, 2008.  So moved, the motion carried.

City Manager’s Report
Green Street Bridge.  The underground work under the Green Street Bridge is now complete, and the Bridge is again open to traffic. Crews are shifting over to the remaining work on Mt. Forist Street.  
Western Avenue Paving Project.  Public Works has been in the process of preparing Western Avenue for grinding and repaving.  PWD learned from BWW that BWW didn't finish its waterline work on Western Avenue in order to undertake the water line to the BOP project. This has left about 270' of water line still to be installed on Western Avenue from Mink Street south 270'. The problem is that typically 90 days is needed to get full settlement of an excavation before paving. Public Works will be weighing the options for this.
Goebel Street Demolition. The burnt out property on Goebel Street owned by Heinrich Kandel and others has now been cleaned up and the lot filled in and loamed and seeded.
Balsams Conference Mayor Bertrand. City Planner Pam Laflamme and Economic Development Director Norm Charest last week attended the Coos County Symposium put on by the Tillotson Foundation. The major items of attention are telecommunications (broadband), education, health care and tourism.
Trustees of Trust Funds Workshop.  Blandine Shallow and the City Managerattended a workshop put on by the Division of Charitable Trusts of the NH Attorney General's office last week. The workshop covered the duties and responsibilities of the Cemetery Trustees, the Library Trustees and the Trustees of Trust Funds. Berlin has had Library Trustees and Cemetery Trustees but has never established Trustees of Trust Funds whose function is to manage and invest all of the trusts held by a town or city, as is required under New Hampshire law.
Sewer Preliminary Design Review  We have received the draft Preliminary Design Review from Wright-Pierce for the sewer pipeline and pump station to serve the BOP and also the improvement necessary to the WWTF.
Legislation.  The Committee of Conference voted on May 28, 2008 to pass the Senate version of HB 1573.
HB 1436, the collective bargaining bill which requires an evergreen clause in collective bargaining agreements effective after the passage of the law has been amended in the Senate to say that the "continuation of the pay plan" will not include cost of living adjustments. The House has voted to concur with this amendment. Therefore, it seems likely that this bill will become law.
Committees of Conference were to complete all their work by last Friday, the House and Senate conferees were still in session trying to work something out on the omnibus retirement bill HB 1645.  
Manager's Time Keeping.  Attached
Councilor Donovan asked for details about the paving of Western Avenue and Mr. MacQueen indicated that he would report back when the information is available.
Councilor Lafleur moved with a second from Councilor Cayer to accept the City Manager’s Report. So moved, the motion carried.

PUBLIC COMMENTS
John Moulis, 23 Presidential Avenue, stated that the schools are an integral part of economic development.

Paul Grenier, 492 Champlain Street, commented that the process this Council used to amend the budget is contrary to 91-A.  In the agenda posted there is a resolution adopting a budget and the number was not changed on the floor.

COUNCIL COMMENTS:
Councilor Donovan stated that it was apparent at the public hearing that the citizens could not afford a tax increase.  The economy of Coos County is losing over $200 million; something has to give and something has to break.  He added that the budget can change up until it is passed and the Council is not violating 91-A by making amendments.

Councilor McCue reminded everyone that this Thursday the Main Street Program and Pat’s Auto Sales will be sponsoring Drive in the 50's starting at 5:00 p.m.  He also disagreed with Mr. Grenier on the reference to 91-A.

Councilor Goudreau commented that any time the Council makes a move that is radical, there are additional comments.  To limit tax increases to hardly any, the Council had to take radical steps at the last minute.  Maybe cutting $800,000 from the schools is unrealistic, maybe it is not.  It was nearly unanimous to say that this Council does not believe the number the School Board presented is the right number.  Administrative cuts have to be made.  

Councilor Lafleur commented that there are a number of young people graduating from Berlin High School this Friday.  He added that the FCCLA was instrumental in acquiring and worked to unload 950 boxes of food and health items for the food pantries. These are the kind of young people we get for our education dollars.

Mayor’s Report
Mayor Bertrand made the following recommendations to fill vacancies on the BIDPA board:  Jay Poulin for a term to end July 2009; David Poirier for a term to end July 2010; Richard Eastman for a term to end July 2010; Gerry Dumoulin for a term to end in July 2011; Peter Higbee for a term to end in July 2011; Diana Nelson for a term to end in July 2011.  Councilor Donovan so moved; Councilor McCue seconded and the motion carried.

In his written report Mayor Bertrand stated, “The citizens of Berlin no longer want a smokestack as the dominant feature of their downtown.”  He asked that the current owners of the property commit to other options for the future use of the property.  He indicated that the City is willing to work with the current owner to facilitate mixed use development.  The City Council will do what it can to protect the community’s future.  He urged the City Council to support the proposed zoning amendment to establish Special Exception criteria for Energy Facilities on this and any other energy facility proposed for the heart of the City.

Councilor Donovan commented that he has tremendous respect for the Mayor and for him going on record for the people who put him in office.  This will affect the future of the city and we need to take hold now because it will affect the entire community.  Councilor Donovan moved to accept the Mayor’s report; Councilor McCue seconded.  

Councilor Goudreau also commended the Mayor and joined Councilor Donovan in his support for the zoning amendment.  Councilor McCue stated that he appreciates the efforts and this is a wise path to be marching down and he looks forward to the public hearing on the zoning amendment.

Councilor Cayer indicated that he supports the amendment and agrees whole heartedly with the Mayor’s statements.

Councilor Poulin voiced that he is impressed with the Mayor’s statements and he hopes the amendment is approved and passed.

All voted in favor of accepting the Mayor’s Report

Adjournment
Councilor Donovan moved to adjourn; Councilor McCue seconded and the motion carried. The meeting ended at 8:35 p.m.

Respectfully Submitted,

Susan Tremblay
Administrative Assistant