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City Council Minutes 08/04/2008 Regular Meeting
PUBLIC HEARING – August 4, 2008

Ordinance 2008-07 Second Avenue no parking; Ordinance 2008-08 Standard/Devens Street stop sign; Resolution 2008-24 PD Sobriety Checkpoint Grant:  Resolution 2008-25 Glen Avenue Traffic Island Flower Donations       

Mayor Bertrand called the Public Hearing to order at approximately 7:32 p.m. to receive public input on the above noted ordinances and resolutions.   There being no one wishing to speak for or against the ordinances or resolutions at this time, the Mayor closed the public hearing to continue with the regular meeting at approximately 7:34 p.m.

REGULAR CITY COUNCIL MEETING - MONDAY, AUGUST 4, 2008

Mayor Bertrand called the regular City Council Meeting to order at approximately 7:19 p.m.tive would departments have to keep spending at a minimum to return unused funds at the end of the year?  Council could use the extra half million dollars to keep taxes where they are and give our taxpayers a break so we can all enjoy the school’s good fortune.  Leftover funds could also go toward capital improvements.  Council could redeem itself and come out with flying colors by cutting taxes, buying oil, and making some capital improvements. 

Regarding the issue of the National Guard/Success purchase Mr. Grenier reminded Council that he is one of three elected County Commissioners.  Council was not notified about the matter because it is not a city issue and Council has no jurisdiction in that area.  The County Commissioners are handling the issue so there is no need for Council involvement.

OLD BUSINESS:

1. Council Committee Reports.  No Reports

 2. Ordinance amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article III. Stopping, Standing and Parking, Sec. 15-69. Prohibited at tall times in designated places.  (tabled 7/21/08) 

Be it ordained by the City Council of the City of Berlin, as follows:  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 parts of streets longer than necessary to load or unload passengers or commodities: Second Avenue, southwest side from First Avenue to Sessions Street.  This ordinance shall be in full force and effect from and after passage.

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

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

Councilor Lafleur moved with a second by Councilor Remillard to pass the ordinance.  At this time, Councilor McCue wished to amend the language in the ordinance.  For clarification purposes, since the second reading had passed and there was a motion and a second on the floor to now pass the ordinance, Councilor McCue’s request was denied due to the timing of his request.  Roll call proceeded and resulted in unanimous negative votes of Council including Mayor Bertrand who declared the motion failed and the ordinance did not pass at this time.

3. Ordinance amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article II.  Specific Street regulations, Sec. 15-33.  Stop Intersections.  (tabled 7/21/08)   Be it ordained by the City Council of the City of Berlin as follows: 

That Sec. 15-33 is hereby amended to add Standard Street to stop intersections.  Any person operating a vehicle on a street upon which a stop sign has been placed by authority of the Mayor and City Council shall bring such a vehicle to a complete stop before crossing the line of pedestrian traffic on such street.  The following streets and squares are designated as stop streets.  Standard Street at the intersection with Devens Street.  This ordinance shall be in full force and effect from and after passage.

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

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

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

4.  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.  (tabled 7/21/08)   Resolved by the City Council of the City of Berlin as follows:

Whereas, on April 21, 2008, the City Council of the City of Berlin authorized the Berlin Police Commission to apply for and receive funds for any and all purposes from the NH Department of Highway Safety for Highway Safety Project Grants for FY’2009; and

Whereas, the NH Department of Highway Safety has awarded $2,152.32 in grant funds to the Berlin Police Department for the purpose of conducting sobriety checkpoints between June 1, 2008 and September 15, 2008.  Now therefore, be it resolved by the City Council of the City of Berlin, NH that $2,152.32 is appropriated to the Berlin Police Department for the purpose of effectuating said Sobriety Checkpoint details.  This resolution shall be in full force and effect from and after passage.

Councilor Remillard moved with a second by Councilor Cayer to remove the resolution from the table at this time.   Councilor Evans voted no and all others voted in the affirmative.  So moved, the motion carried. 

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

Councilor Remillard moved with a second by Councilor Poulin to pass the resolution.  Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand with the exception of Councilor Evans who voted in the negative.  Mayor Bertrand declared the resolution now passed.

5. 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.  (tabled 7/21/08)  Resolved by the City Council of the City of Berlin as follows:

Whereas, contributions of Six Hundred Fifty Dollars each were received from Northway Bank, Isaacson Structural Steel Inc. and an anonymous donor; and

Whereas, White Mountain Lumber also contributed the in-kind materials and delivery of materials to the site; and

Whereas, these generous businesses and benefactor have all assisted the City in working together to beautify the entrance to Berlin to reinforce a positive impression to all those who work, live, and visit our community.  Now therefore, be it resolved that the City Council of the City of Berlin accepts donations totaling One Thousand, Nine Hundred Fifty Dollars and appropriates such funds to Account #30-402-631-6000 to be used for landscaping the traffic island at the Cleveland Bridge.  Be it further resolved, that the City Manager is authorized to do all things necessary to effectuate the donation.  This resolution shall be in full force and effect from and after passage.

Councilor Poulin moved with a second by Councilor Cayer to remove the resolution from the table at this time.  Councilor McCue voted no and all others voted in the affirmative.  So moved, the motion carried. 

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

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

NEW BUSINESS:

6. Ordinance amending the Code of Ordinances, Chapter 2, Administration, Article III.  Boards, Committees  and Commissions, Division 4.  Housing Authority, Sec. 2086. Composition.  (1st read)

Councilor Lafleur  moved with a second by Councilor McCue to table the ordinance and schedule a public hearing on August 18, 2008.  So moved, the motion carried.

7. Ordinance amending the Code of Ordinances, Chapter 6, Fire Prevention and Protection, Article III Standards by adding a new Division 4.  Vacant Buildings   (1st read– abridged version)

Mayor Bertrand advised that due to the length of this ordinance it be read by short title only and not in its entirety and that a copy of the draft ordinance be made available for public review in the City Clerk’s office.

Councilor Lafleur moved to table the ordinance and schedule a public hearing on August 18, 2008.  There was no second to the motion. The motion failed and no action was taken on the ordinance.

8. Ordinance amending the Code of Ordinances, Chapter 18, Code Enforcement, Article II Code Enforcement by adding the following new items to the table in Section 18-20.  Citation Penalties.  (1st read)   No Action was taken on this ordinance.

9. Polling Hours for the September 9, 2008 Primary Election.

Councilor Lafleur moved, with a second by Councilor Cayer to have the polls open at 8:00 a.m. and close at 7:00 p.m. in all wards for the September 9, 2008 State Primary Election.  So moved, the motion carried.

10.  City Manager’s Report.

- Riverside Drive Drainage Backups.  Due to severe storms, 33 feet of galvanized corrugated drain pipe from the 1970’s deteriorated and collapsed.  It was replaced with PVC pipe and matters are better.

- Drain and Waterline replacement.  The BWW and PWD are working together to replace drain and water lines on Willard Street from Hillside and Emery Streets and Jolbert Street as well.

- Women’s Prison.  Commissioner Wren will attend the August 25 Work Session to see if Council is interested in housing a Women’s Prison.

- NH DOT RT 110 Public Info Meeting.  Thursday, August 28 at City Hall from 3:00 – 6:00 to review plans and then from 6:30-9:00 for the public information.

- EEE and WNV Risk Period.  Brochure explaining the risks are attached

- Impressions of Care Celebration. AVH Walkway now open and a celebration walk scheduled 8/06/08 from 12:30-2:30.

- PSNH Drawdown Notice.  The week  0f 9/06 – 9/12 to clean out the Androscoggin River Canal.

- Congressman Hodes check presentation.  8/06 at 2:30 at the Coos County Family Health Services for a Bi-State Primary Care Association grant check.

- Manager’s time keeping

Mayor Bertrand asked if city staff could look at any available land prior to the August 25 meeting with Commissioner Wren regarding possible women’s prison sites.  The City Manager replied it would make sense to locate that prison between the other 2 prison sites.

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

11. Public Comments:  No comments

12.  Council Comments:

Councilor Cayer reported that he worked on a skateboard park project and conducted a couple public hearings a few years back.  He tried to rally some local teen interest and is disappointed at their lack of follow-up.  He would like to see the kids take ownership of the skateboard park.

Councilor McCue is concerned that many issues are being discussed before the Mayor and Council and are then put off.  He hopes that, as a body, they can knuckle down to resolve issues and find an approach on how to get things done.   

13.  Mayor’s Report    -  Appointment:  Cemetery Trustee

Mayor Bertrand nominated Alison Findsen to serve another three year term set to expire August of 2011.  Councilor Lafleur moved with a second by Councilor McCue to accept the Mayor’s nomination of Alison Findsen as Cemetery Trustee.  So moved, the motion carried. 

Mayor Bertrand advocates giving the school back surplus money since they had an agreement and discussion was for about $150,000. Some of that money could be used to cut the tax rate.  Next week when there is a full Council on board, Council should take action because no action is not productive.

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

14.   Adjournment:

There being no further business to come before the Council at this time, Councilor Poulin moved with a second by Councilor Cayer to adjourn the City Council Meeting.  So moved, Mayor Bertrand declared the regular meeting adjourned at approximately 8:13 p.m.

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