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City Council Minutes Regular Meeting 07/21/2008
PUBLIC HEARING – July 21, 2008

Resolutions:  1. Sale of 383 & 385 Burgess Street to Stephen/Stephanie Fortin for $3,000
                        2. Accept $6,000 HCHC Grant appropriated to the Health Department
                        3. Authorize EPA Application for $200,000 Brownfield Grant Funding
Mayor Bertrand called the Public Hearing to order at approximately 7:32 p.m.

-  Stephanie Fortin, 392 Burgess Street, told the Mayor and Council she and her husband plan to refurbish the properties to help Burgess Street look better.  Ms. Fortin appreciates Council’s efforts.

-  Andre Caron, asked Council to vote in favor of the Fortin’s purchasing the Burgess Street properties since they put more of their own money at risk due to the reverter clause.  If they could get more people to do this it would be better for the City.  Mr. Caron went on to comment about the Brownfields resolution and how this is a unique opportunity for Berlin to work with the EPA on evaluating abandoned industrial and private properties and to avoid the financial burden of the clean-up to fall on the taxpayers.  There being no one else wishing to speak for or against the resolutions, the Mayor closed the public hearing at approximately 7:36 p.m.

REGULAR CITY COUNCIL MEETING - MONDAY, JULY 21, 2008

Mayor Bertrand called the regular City Council Meeting to order at approximately   8:34 p.m.br />
OLD BUSINESS:

1. Council Committee Reports.
 Safety Committee Report presented by Councilor Donovan with the following recommendations:
1)Times New Roman;font-size:9pt;color:#000000;">Whereas, the City of Berlin took ownership of 383 and 385 Burgess Street by tax deed on October 3, 2003; registered at the Coos County Registry of Deeds January 21, 2004 and subsequently merged the two properties on July 3, 2007; and

Whereas, there were no responsive bids received when the property was offered for the sale to the public by sealed bid with stipulations; and

Whereas, Steven and Stephanie Fortin of 392 Burgess Street have offered to purchase the properties for $3,000.00 and the commitment that they will rehabilitate the properties within three years; and

Whereas, this sale will be subject to the City’s right to reverter if conditions of the sale are not met; and

Whereas, it has been determined that the public interest is best served by the sale of these properties.  Now therefore, be it resolved by the Mayor and Council of the city of Berlin that they hereby authorize the City Manager to sign a purchase and sale agreement which includes the commitment by the Fortins to substantially rehabilitate the purchased properties to the agreed standard and includes a right of reverter to the City of they fail to fully complete this rehabilitation within three years and that the City Manager is authorized to sign a quitclaim deed for the sale of 383 and 385 Burgess Street (Map 130-0282 and 130-0283) to Steven and Stephanie Fortin for the agreed upon amount of $3,000.00.  This resolution shall be in full force and effect from and after passage.

Councilor Lafleur moved with a second by Councilor McCue to remove the resolution from the table at this time.  So moved, the motion carried. 

Councilor Lafleur moved with a second by Councilor McCue to have the resolution read a second time by title only.  So moved, the motion carried.

Councilor Lafleur moved with a second by Councilor Goudreau to pass the resolution.  Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution now passed.

3       Resolution accepting the sum of Six Thousand Dollars ($6,000) from the North Country Health Consortium, Inc. (NCHC) and appropriating such funds to the Berlin Health Department for the purchase storage and inventory management of basic medical equipment and supplies to be used in a public health emergency at community Acute Care Centers servicing Berlin and other Coos County Communities. (tabled 7/07/08)  Resolved by the City Council of the City of Berlin as follows:

Whereas, the City of Berlin Health Department has served as a coordinating agency for pandemic and public health emergency planning for the City of Berlin and NH All Hazard Planning Region One (Coos County); and

Whereas, the City of Berlin Health Department has partnered with North Country Health Consortium to develop, plan and provide an Acute Care Center in patient facility established in times of public health emergencies to provide community based medical care when local hospital services are overwhelmed; and

Whereas, the city of Berlin Health Department has trained nursing staff who are charged with providing Public Health Services to the community, full time off ice service and other resources that are unlikely in the small surrounding communities.   Now therefore, be it further resolved that the City Council of the City of Berlin accepts a grant in the amount of Six Thousand Dollars ($6,000.00) from the North Country Health Consortium, Inc. (NCHC) and appropriates such funds to the Berlin Health Department for the purchase, storage and inventory management of medical equipment supplies to be used in a public health emergency at the community Acute Care Center servicing Berlin and other coos County Communities.  Be it further resolved, that the City Manager is authorized to do all things necessary to effectuate the grant.  This resolution shall be in full force and effect from and after passage. 

Councilor Donovan moved with a second by Councilor McCue to remove the resolution from the table at this time.  So moved, the motion carried. 

Councilor Donovan moved with a second by Councilor McCue to have the resolution read a second time by title only.  So moved, the motion carried.

Councilor Donovan moved with a second by Councilor Goudreau to pass the resolution.  Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution now passed.

4.      Resolution authorizing the City Manager to apply for a Coalition Grant-All Hazard, from the US Environmental Protection Agency Brownfields Assessment Grant Program in conjunction with the NH Department of Environmental Services (NHDES) for $600,000, North Country Council (NCC) for $200,000 and the City of Berlin for $200,000 for a total of One Million Dollars ($1,000,000) to provide for Phase I and Phase II assessments of contaminated properties. (tabled 7/07/08)
Resolved by the City Council of the City of Berlin as follows:

Whereas, contaminated properties are known to exist within the City of Berlin; and

Whereas, the City can use these funds to assist in the economic development of contaminated properties by funding Phase I and Phase II studies; and

Whereas, completed Phase I and Phase II studies are needed for the City of other entities to access Cleanup Grant Assistance under the United States Environmental Protection Agency Brownfields Program; and Whereas, the City of Berlin can start to address the remediation process of contaminated properties by during Phase I and Phase II studies.  Now therefore, be it resolved by the City Council of the City of Berlin as follows:  That the city Manager is authorized to apply for a Coalition Grant – All Hazard, from the United States Environmental Protection Agency Brownfields Assessment Grant Program in conjunction with the NH Department of Environmental Services (NHDES) for $600,000, North country Council (NCC) for $200,000 and the City of Berlin for $200,000 for a total of One Million Dollars ($1,000,000.00) to provide for Phase I and Phase II assessments of contaminate d properties.  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 Donovan moved with a second by Councilor McCue to remove the resolution from the table at this time.  So moved, the motion carried. 

Councilor Donovan moved with a second by Councilor McCue to have the resolution read a second time by title only.  So moved, the motion carried.

Councilor Donovan moved with a second by Councilor Goudreau to pass the resolution.  Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution now passed.

NEW BUSINESS:

5.  Ordinance amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article III.  Stopping Standing and Parking Sec. 15-69.  Prohibited at all times in designated places. (1st read)

Councilor Lafleur moved with a second by Councilor Remillard to table the ordinance and schedule a public hearing on August 4, 2008.  So moved, the motion carried.

6. Ordinance amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article II.  Specific Street Regulations Sec. 15-33. Stop Intersections. (1st read)

Councilor Goudreau moved with a second by Councilor McCue to table the ordinance and schedule a public hearing on August 4, 2008.  So moved, the motion carried.

7 Resolution appropriating the sum of Two Thousand, One Hundred Fifty-Two Dollars and Thirty-Two Cents ($2,152.32) to the Police Department for the purpose of effectuating the Berlin Sobriety Checkpoint Grant Awarded by the NH Department of Highway Safety. (1st read)

Councilor Donovan moved with a second by Councilor Remillard to table the resolution and schedule a public hearing on August 4, 2008.  Councilor Evans commented that he would be voting in the negative on this resolution because he strongly feels this is a violation of the citizens’ constitutional rights.  He encouraged the other members of Council to consider this point as well.  So moved, the motion carried by a general vote with Councilor Evans voting in the negative. 

8. Resolution accepting the sum of One Thousand, Nine Hundred Fifty Dollars ($1,950.00) from various businesses who generously contributed to landscaping the traffic island at the Cleveland Bridge and appropriating such funds to account #30-402-631-6000, Glen Avenue Landscaping.  (1st read)

Councilor Goudreau moved with a second by Councilor Lafleur to table the resolution and schedule a public hearing on August 4, 2008.  Councilor Poulin added that a thank you card should be sent to the contributors.  So moved, the motion carried.

9.  City Manager’s Report.
State Rock Salt Bids.  A 27% price increase for a fee of $71.08

National Pollution Discharge Elimination System Permit under the City WWTF operations is up for renewal.

Building Inspector Retirement.  Chip Carpenter will retire at the end of July.

Forest Service Timber Harvests.  City supports the two timber harvests.

New England Forest Road Rally in Berlin.  On July 12 and organized by the Androscoggin Valley Chamber of Commerce.

Thunder in the Mountains.  July 19 interrupted by rain but was a good turnout anyway.

Children’s Literacy Program returns to City Playgrounds.  Encourages reading with various summer programs.

HB 1436 Evergreen Labor Legislation signed by Governor Lynch.  States that annual step pay plan not required to be granted annually if there is no contract in place.

Highway Transportation Funding cuts.  NH would go from $161M to $109M.  HR 6532 would restore the proposed cuts.

Police Traffic Training.  Primex hosted a training session and most of the police force participated.

CEDC Director’s Report.  Coos Economic Development Council’s Director report attached for Council review

Mayor Bertrand commented about the road rally and said that there should have been better signage especially on Unity Street by the Big Apple to specify “No Thru Traffic.”   This was a real inconvenience to many people.

Councilor Lafleur moved with a second by Councilor McCue to accept and file the City Manager’s report. So moved, the motion carried.

10. Public Comments

Deputy Police Chief Brian Valerino said the DWI patrols are a serious issue and help make the streets of Berlin safer.  The Police Department was asked by the Department of Highway Safety to participate in the program and one sobriety checkpoint will be conducted.  The Police Department has received overwhelming support from the citizens regarding sobriety checkpoints.

11. Council Comments:

Councilor McCue thanked outgoing Building Inspector Chip Carpenter for the role he played dealing with the challenging and tough issues he faced while on the job and he will be missed.  On another matter, the Ward Two Councilor went on to say that he dislikes rumors and that people need to get the facts since perpetuating rumors is not a good practice.

12. Mayor’s Report

a) Mayor Bertrand received many calls from citizens who felt they had been betrayed due to the disparity of the school surplus numbers. If the last numbers would have been brought out during the budget process, it could have helped with the tax rate figures.  That being said, Mayor Bertrand contends that the Mayor and Council had an original agreement with the schools and he advocates keeping their end of the bargain by giving the school department between $200,000 to $250,000.

b) On the Route 110 issue, Mayor Bertrand contends that the City should take a hard position regarding the delays for the project and should stand firm about their dissatisfaction.  He also wants the state to be made aware that the City supports #4e.

Councilor Lafleur moved with a second by Councilor McCue to accept the Mayor’s oral report.  So moved, the motion carried.

13. Adjournment:

There being no further business to come before the Council at this time, Councilor McCue moved with a second by Councilor Goudreau to adjourn the Regular City Council Meeting.  So moved, Mayor Bertrand declared the regular meeting adjourned at approximately 9:24 p.m.

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