PUBLIC HEARING - October 20, 2008
Ordinance 2008-10 Vacant Blighted Buildings
Ordinance 2008-11 Chapter 18, Code Enforcement, Citation Penalties
Resolution 2008-31 Appropriating $169,638.00 to the School Department
Resolution 2008-32 Authorizing an Application to the NHDES for $19,775.50 to Re-Delineate Aquifer
Mayor Bertrand called the Public Hearing to order at approximately 7:34 p.m. to receive public input on the above noted ordinances and resolutions. City Manager MacQueen reminded Council that they wanted to amend the Vacant Blighted Buildings ordinance to include the words "either repaired or" to Sec. 6-122 Enforcement. There being no one else wishing to speak for or against the ordinances or resolutions at this time, the Mayor closed the public hearing at approximately 7:36 p.m.
REGULAR CITY COUNCIL MEETING - MONDAY, OCTOBER 20, 2008
Mayor Bertrand called the regular City Council Meeting to order at approximately 7:36 p.m. in the Council Chambers of City Hall. The pledge of allegiance to the flag preceded roll call. Present: Councilors Remillard, Donovan, McCue, Lafleur, Evans, Goudreau and Cayer. Councilor Poulin was absent. Also present: City Manager MacQueen, Pamela Laflamme, John Moulis, Marion Huntley, School Board members, Dick Poulin, Mrs. Watson and BHS Civics Class students, and the press.
Minutes, Previous Meetings Mayor Bertrand made a slight correction to the October 6 Work Sessions Minutes in the portion entitled "Application to DED to reDelineate Aquifer and Wellhead. Third paragraph, first sentence, to replace the word IT with "Brown Farm Well."
Councilor Lafleur moved with a second by Councilor Remillard to accept the amended minutes of the 10/06/08 Work Session and regular 10/06/08 Meeting Minutes. So moved, the motion carried.
Disbursements:
It was recommended by the Committee on Accounts/Claims that all bills start date 10/07/08 - 10/22/2008 total cash disbursement of $1,392,613.81 Draft #1577. Councilor Donovan moved with a second by Councilor Goudreau 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
OLD BUSINESS:
1. Council Committee Reports. No Reports
2. Ordinance 2008-10: Amending the Code of Ordinances, Chapter 6, Fire Prevention and Protection, Article III Standards by Adding a New Division 4,Blighted Vacant Buildings (tabled 10/06/08)
Be it ordained by the City Council of the City of Berlin, as follows: That new Division 4 Blighted Vacant Buildings be added to Chapter 6 of the Code of Ordinances
DIVISION 4 - BLIGHTED VACANT BUILDINGS
Sec. 6-104 Scope
This Code shall apply to all blighted vacant buildings and premises thereof in the City of Berlin now existing or hereafter becoming vacant and blighted.
Sec.6-105 Intent
It is the intent of this code to protect the public health, safety, and welfare by establishing a registration process for blighted vacant buildings and requiring responsible parties to implement a maintenance plan for such buildings and remedy any blighted vacant premises in order to minimize and prevent deterioration, blight and consequent adverse impact on the value of nearby property and to keep such properties from becoming a public nuisance.
Sec. 6-106 Other Laws Codes, Ordinances, and Regulations.
This code shall not be construed to prevent the enforcement of other laws, codes, ordinances, and regulations, which prescribe standards other than are provided herein. In the event of conflict, the most restrictive laws, codes, ordinances and regulations shall apply.
Sec. 6-107 Definitions:
A. Blighted Vacant Premises - shall mean any vacant building or structure which is not being maintained. The following factors will be considered in determining whether a structure or building is not being maintained; missing or improperly boarded windows or doors; a collapsing or missing wall; sagging or collapsed roof or floor; siding that is seriously damaged or missing; fire damage; a foundation that is seriously deteriorated or missing; a foundation that is structurally faulty; garbage, rubbish or abandoned cars or vehicle parts situated on the premises (unless the premises is a legal junk yard), or weed growth on exterior property areas of more than 12".
B. Building - Any structure used or intended for supporting or sheltering any use or occupancy. (National Fire Protection Association NFPA 1 Uniform Fire Code 2003 edition, NFPA 101 Life Safety Code 2003 Edition and the International Building Code 2006 Edition).)
C. Exterior Property Areas - The open space on the premises and on adjoining property under the control of owners or operators of such premises.
D. Maintenance - Acts of repair and other acts to prevent a decline in the condition of grounds, structures, and equipment; such that the condition does not fall below the standards established by this code and other statutes, codes and ordinances.
E. Occupant - Any person (including domestic service employees) living and/or sleeping in a dwelling unit or having possession of a space within a building.
F. Operator - Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. Any person having charge, care, management, or control of any premises, dwelling or part of it, in which dwelling units or rooming units are let.
G. Owner - Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate or any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by court.
H. Person - Includes a corporation or co-partnership as well as an individual.
I. Premises - A lot, plot or parcel of land including the building or structure thereon.
J. Public Nuisance - Includes the following:
1. The physical condition, or use of any premises regarded as a public nuisance at common law; or
2. Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children or other parties, including but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or
3. Any premises which has unsanitary sewerage or plumbing facilities; or
4. Abandoned buildings under construction; or any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or unsecure as to endanger life, limb, or property. Any premises which are unsanitary, or which are littered with rubbish, garbage, tires or appliances. Any structure or building that is vacant and not properly secured and boarded up, or is damaged by fire to the extent as not to provide shelter, or is in danger of collapse or failure and dangerous to anyone on/or near the premises.
K. Renovation - A building and its facilities made to conform to present day minimum standards of sanitation, fire and life safety.
L. Rubbish - Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust and other similar materials.
M. Vacant - shall mean a building or structure or a portion thereof which is not legally occupied.
N. Legal Occupancy - shall mean occupancy that is legal by virtue of compliance with State Building Codes, State Fire Safety Codes, local zoning codes, housing codes, and all other pertinent codes, which must be substantiated by an ownership, a mortgage, a lease agreement, or a rent statement.
O. Workmanlike - Whenever the words "workmanlike state of maintenance and repair" are used in this code, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner.
P. Yard - An open unoccupied space on the same lot with a building extending along the entire length of the street, or rear or interior lot line.
Sec. 6-108 Obligation to Register Vacant Buildings
Whenever any building in the City of Berlin is vacant and such building or premises is determined to be a blighted premises as defined herein, then the owner of such building or premises shall, within fifteen (15) days of notification from the Berlin Fire Chief or his/her designee, register such building as a vacant blighted building and submit a vacant building plan.
Sec. 6-109 Notice of Blighted Vacancy.
The Fire Chief or his /her designee shall provide notice to the owner of record and person who last paid the general real estate taxes on the blighted vacant building by certified mail, return receipt requested, address correction requested, directing the owner of the building to register the building and submit a blighted vacant building plan with the Fire Department.
Sec. 6-110 Notice of Public Nuisance.
In the event, any public nuisance exists in connection with the building or premises thereto then the Fire Chief or his/her designee shall specify in the notice the existence of such nuisance(s).
Sec. 6-111 Registration of Blighted Vacant Buildings.
The owner registering a blighted vacant building shall supply the following information:
A. Name, address, and telephone number of owner.
B. Address of vacant building
C. Name, address, and telephone number of any local agent or representative.
D. Name, address and telephone number of all persons with any legal interest in the property, building, and premises.
E. Copy of any insurance policy insuring the property and name address and telephone number of the insurance representative.
F. The common address of the building.
G. Date on which the building became vacant.
H. Within fifteen (15) days, a vacant building plan.
The blighted vacant building plan shall be filed with the Fire Department accompanied by a One Hundred and Fifty Dollar ($150.00) fee upon submittal of a vacant blighted building plan.
Registration of a blighted vacant building shall be valid for a period of six (6) months. If the building is vacant at the expiration of any registration period and requirements of the blighted vacant building plan are not completed, then the ordinance may be enforced in accordance with Section 6-122.
Sec. 6-112 Blighted Vacant Building Plan.
When a building is registered as required herein, the owner or agent shall submit a blighted vacant building plan. The plan shall contain the following:
A. A plan of action to either board up the building in accordance with the requirements below for boarding up buildings, or repair any doors, windows, or other openings which are boarded up or otherwise secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type in accordance with applicable codes. The proposed repair shall result in openings secured by conventional methods used in the design of the building or by methods permitted for new construction of similar type.
B. For buildings and premises thereof which are identified as being or containing public nuisances, then the vacant building plan shall contain a plan of action to remedy such public nuisance(s).
C. For each required plan, a time schedule shall be submitted which includes a date of commencement of repair and date of completion of repair for each improperly secured opening and identified nuisance.
D. When the owner proposes to demolish the vacant building, then the owner shall apply for a demolition permit, submit a plan and time schedule for such demolition.
Sec. 6-113 Blighted Vacant Building Plan Fundamental Requirements
A. Disconnect all utilities at the street
1. Turn off water at the street & drain the plumbing system at its lowest point. Open all faucets and put anti-freeze in all traps containing water.
2. Have the utility company disconnect (unless owner plans to have the area illuminated during hours of darkness) the electricity at street and remove and cap meters.
3. Shut off gas supply at the street if applicable. Remove outside propane gas tanks.
4. Remove all heating fuels from the premises interior and exterior.
B. Remove all flammables and combustibles from inside and outside
1. Remove all upholstered furniture, combustible materials and trash from the building, including the basement and attic.
2. Remove rubbish and garbage containers and combustible furniture from exterior stairwells, porches, fire escapes and outbuildings.
3. Remove cut or uncut weeds, grass, vines and other vegetation determined by the Fire Chief or his/her designee to be a fire hazard
C. Secure the building to prevent entry/vandalism/weather damage/fire.
1. Search the entire building to insure that it is unoccupied.
2. Remove doors and storm windows and place inside.
3. Post the building according to local law with "No Trespassing" signs.
4. Construct entrance barriers using the materials & methods hereinafter described under Section 6-122. Boarding Up: Required Methods and Materials.
Sec. 6-114 Approval of Plan.
The Fire Chief or his/her designee shall determine, in the first instance, when a blighted vacant building plan is required and will approve the proposed vacant building plan. This approval or disapproval of either the Chief's or his/her designee's decision to require a blighted vacant building plan or the approval or disapproval of the blighted vacant building plan itself may be appealed to the Berlin Housing/Building Appeals Board in accordance with the standards governing this Housing/Building Board of Appeals for a final determination at the City level. If the Fire Chief or his/her designee approves or disapproves a proposed blighted vacant building plan, he/she shall in either case provide notice of that approval/disapproval to the owner of record and any known agent of the blighted vacant building. Such appeal shall be filed with the
Board of Appeals within ten (10) days of receipt of the Chief's or his or her designee's notice that a blighted vacant building plan is required or within ten (10) days of the Chief's or his/her designee's notice that a plan is disapproved.
Sec. 6-115 Authority to Modify Plan and Appeal Right.
The Fire Chief or his/her designee shall, upon notice to the building owner or agent, have the right to modify the blighted vacant building plan by altering the dates of performance or the proposed methods of action. If the owner or agent of the building objects to the modifications made by the Fire Chief or his/her designee, such owner shall have the right of appeal to the City Housing/Building Board of Appeals for final determination. Such appeal shall be filed with the Board of Appeals within ten (10)
days of receipt of the Berlin Fire Department's notice of modification. Before going through the Board of appeals process, a meeting may be scheduled with the Fire Chief or his/her designee.
Sec. 6-116 Standards Governing Housing/Building Board of Appeals Review.
In considering the appropriateness of a decision to require a blighted vacant building plan, the blighted vacant building plan itself or the modification of a blighted vacant building plan, the Housing/Building Board of Appeals shall consider the following:
A. The purpose of this ordinance and intent of the City of Berlin is to minimize blight and prevent a public nuisance.
B. The degree to which the requirement of a plan is in keeping with the stated blight considerations in the ordinance.
C. The effect of the proposed plan on adjoining properties.
D. The cost to implement the proposed plan weighed against the public safety and welfare obtained from the plan.
E. The length of time the building has been vacant.
F. The presence of any public nuisance on the property and the potential for impact to the general public health and safety and overall property values.
Sec. 6-117 Decision by Housing/Building Board of Appeal.
The Housing/Building Board of Appeals, after considering the testimony of the Fire Chief or his/her designee, the building owner and any interested persons, shall render its decision on the owner's appeal of the Berlin Fire Department's requirement of a vacant building plan, the approval or disapproval of the submitted vacant building plan itself or any required modifications to the proposed vacant building plan. The Housing/Building Board of Appeals shall have authority to fashion its own vacant building plan or approve the plan submitted by the owner or the plan modified by the Berlin Fire Department or some appropriate combination thereof. The decision of the Housing/Building Board of Appeals shall be final at the City level.
Sec. 6-118 Failure to Comply With Plan.
Failure to comply with the approved plan shall constitute violation of City Ordinances subjecting the owner of the building to penalties upon conviction as provided in this chapter.
Sec. 6-119 Change of Ownership.
The blighted vacant building plan shall remain in effect notwithstanding a change in ownership. The new owner is required to file a new registration with the Fire Department, and supply the name, address, and telephone number of the new owner(s). Any plan change proposed by the new owner shall require another $150 plan and fee.
Sec. 6-120 Maintenance Standards.
The owner of a blighted vacant building shall comply with Chapter 3 - General Requirements of the 2000 Edition of the International Property Maintenance Code as adopted in Chapter 8, Housing, of this Code, as amended from time to time, with specific additions, deletions, insertions, and modifications are hereby adopted by reference and incorporated as fully as if set out at length. A copy of this code is on file in the office of the City Clerk of the City of Berlin.
Sec. 6-121 Boarding Up: Required Methods and Materials
The plan to board up the building and secure the property must be approved by the Fire Chief or his/her designee as listed above. The minimum methods and materials for such action are listed below. No less than this required standard for boarding up or securing a property will be acceptable
Materials Needed
a. 1/2" (4 ply) plywood, exterior grade CDX and 2" by 4" by 8' construction grade lumber
b. 3/8" (course thread) by 12" carriage bolts (rounded head on weather side)
c. 3/8"(course thread) construction grade nuts
d. 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head.
e. 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building
f. 1-5/8" (6d) galvanized or stainless steel ring-shank nails or comparable deck nails.
Security Measures
1. Openings in the basement, first floor doors and windows and any point of entry accessible from a porch, fire escape or other potential climbing point require additional security measures. These openings should be barricaded with plywood, 2x4s braces, carriage bolt sets and nails.
2. Openings that are at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails in each brace, and every 12" around the perimeter. For all openings the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. If possible carpenters should plywood & stub brace over the edge of the trimmer studs on each window and door casing and meeting the header board.
Barrier Procedure
1. Applying barriers is easiest with a inside & outside carpenter with appropriate tools & supplies. The inside carpenter will need a light. Exit is made over a ladder when the last window is boarded.
2. Cut plywood to fit over the window and door openings, flush with outside of the molding/trimmer stud. Avoid creating or leaving a lift surface if possible.
3. Cut the 2x4s to fit the horizontal dimension of the plywood. You will need two exterior and two interior 2x4 braces for each window and three sets for each door.
4. Drill two 3/8" holes in each brace, approximately 1/3 of the length of the brace from the outside edge of the door and window jams.
5. Prior to installation stack both 2x4 braces on the plywood as they will be installed & drilling through all for ease in installation.
6. The two window braces will be placed 1/3 of the distance from the top and the bottom of the window.
7. The three door braces will be placed: one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway.
8. Place the plywood over the exterior opening and nail every 12" along the perimeter to the window/door frame.
9. Place the 2x4 braces over the interior and exterior of the door or window.
10. Place the large washer over the carriage bolt and slide the bolt through the holes.
11. Place washer and nut inside and tighten securely. Torque the nut so that it slightly compresses the interior 2x4.
12. Paint said barriers the same color as the structure to minimize the appearance.
Sec. 6-122 Enforcement
This ordinance may be enforced in accordance with the citation authority, citation process and citation penalties as outlined in Chapter 18, Code Enforcement, of the City of Berlin Code of Ordinances.
Failure of the owner to follow this ordinance or lack of response from the owner of the property to the registration process will constitute abandonment and the building will therefore be considered hazardous as defined in Chapter 155 -B hazardous and Dilapidated Buildings under RSA 155-B:1 II "Hazardous buildings" means any building which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety of health. The City will then order the building to be either repaired or razed and removed and petition the court for the enforcement of the order.
Sec. 6-123 Other Enforcement.
The registration of a blighted vacant building shall not preclude action by the City to enforce other City or State laws or codes or to demolish or force rehabilitation of the building pursuant to other provisions of this code or other laws.
Under the provision of this ordinance enforcement action may proceed without regard to a period of vacancy whenever any unoccupied building attracts criminal activity, is a health risk because of rubbish, garbage disposal or other unsanitary condition.
Sec. 6-124 Severability
If any provision of this ordinance or the application thereof shall be held invalid or unenforceable, the remainder of this ordinance, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each remaining term and provision thereof shall be deemed valid and be enforceable to the fullest extent permitted by law." This Ordinance shall be in full force and effect from and after passage.
Councilor Lafleur moved with a second by Councilor Goudreau to remove the ordinance from the table at this time. Councilors Evans and Cayer voted NO. So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor Donovan to amend the ordinance by adding in the last sentence "either repaired or" after the words to be in Sec. 6-122 Enforcement. Councilors Evans and Cayer voted NO. So moved, the motion carried.
Councilor Lafeur moved with a second by Councilor Remillard to read the ordinance, as amended, a second time by title only. Councilors Evans and Cayer voted NO. So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor Remillard to pass the ordinance, as amended. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand with the exception of Councilors Evans and Cayer who voted NO. Mayor Bertrand declared the ordinance, as amended, now passed.
3.Ordinance 2008-11: 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 (tabled 10/06/08)
Be it ordained by the City Council of the City of Berlin, as follows: That the following penalties shall be added to Sec. 18-20 of Chapter 18. Sec. 18-20. Citation Penalties. (A) The penalties for any offense relating to the following sections for which a citation has been issued shall be as follows:
Code Section
First Violation $100
SecondViolation $200
Third Violation $300
Chapter 6, Fire Prevention and Protection, Division 4, Vacant Buildings of Article III,
Standards, Sec. 6-122
This Ordinance shall be in full force and effect from and after passage.
Councilor Goudreau moved with a second by Councilor Donovan to remove the ordinance from the table at this time. Councilors Evans and Cayer voted NO. So moved, the motion carried.
Councilor Goudreau moved with a second by Councilor Donovan to amend the ordinance by changing the reference to the Code Section from 6-123 to 6-122. Councilors Evans and Cayer voted NO. So moved, the motion carried.
Councilor Goudreau moved with a second by Councilor Donovan to read the ordinance, as amended, a second time by title only. Councilors Evans and Cayer voted NO. So moved, the motion carried.
Councilor Goudreau moved with a second by Councilor Donovan to pass the ordinance, as amended. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand with the exception of Councilors Evans and Cayer who voted NO. Mayor Bertrand declared the ordinance, as amended, now passed.
4. Resolution 2008-31: Appropriating $169,638.00 to the School Department's Fiscal Year 2009 Budget from Unappropriated Fund Balance to the Capital Items Described Below. (tabled 10/06/08) Resolved by the City Council of the City of Berlin as follows:
- Whereas, the School Department has provided information regarding the bus fleet that outlines the age and mileage of each bus, two of which have over 200,000 miles and are over 14 years old; an d
- Whereas, the Board of Education will continue its effort to implement a vehicle replacement program to maintain a safe and efficient fleet; and
- Whereas, in addition to buses, the School Board has shown a need for a pickup truck with plow and sander to be used to clear snow at all school buildings. Now therefore be it resolved by the City Council of the City of Berlin that One Hundred Sixty-Nine Thousand, Six Hundred Thirty-Eight Dollars ($169,638.00) is hereby appropriated to the School Department in the following manner:
Account Numbers Description New Capital Appropriation
01-480-400-0004 Bus to replace #87 $59,294.00
01-480-400-0004 Bus to replace #88 $75,344.00
01-480-400-0006 3/4 ton Pickup with Sander $35,000.00
Total $169,638.00
This Resolution shall be in full force and effect from and after passage.
Councilor Goudreau moved with a second by Councilor Lafleur to remove the resolution from the table. So moved, the motion carried.
Councilor Goudreau moved with a second by Councilor Lafleur to read the resolution a second time by title only. So moved, the motion carried.
Councilor Goudreau moved with a second by Councilor Lafleur to pass the resolution. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution now passed.
5. Resolution 2008-32: Authorizing the City of Berlin through the Planning Department and Berlin Industrial Development & Park Authority (BIDPA) to apply along with the Berlin Waterworks (BWW) to the NH Department of Environmental Services for funds in the amount on Nineteen Thousand, Nine Hundred Seventy-Seven Dollars and Fifty Cents ($19,977.50) to perform a study that will re-delineate the aquifer and wellhead protection area of the Brown's Farm Well in the area of the Maynesboro Industrial Park.
(tabled 10/06/08) Resolved by the City Council of the City of Berlin as follows:
- Whereas, it has been identified by both Berlin Water Works and the Berlin Planning Board that there is a need for current and accurate information about the aquifer and the wellhead protection area located in and around the Maynesboro Industrial Park and the old BWW Water Treatment Plant on East Milan Road in relation to the demand for land to accommodate economic development projects; and
- Whereas, a more accurate study is required to determine the suitability of the property in the area of the aquifer for industrial development; and
- Whereas, 50/50 grant funds are available for this type of work through the NHDES in the amount of $19,977.50 for a total project of $39,955.00; and
- Whereas, BWW is willing to put up $9,000.00 toward the 50/50 grant match; and
- Whereas, BIDPA is being asked to consider providing a match of $9,000.00 from their maintenance line item; and
- Whereas, the remaining match amount of $1,977.50 can be allocated from the Master Plan project funds to provide a total match amount of $19,977.50; and
- Whereas, the City Council acknowledges that GeoInsight, Inc. will complete the work as they have prior experience with the site having completed studies on the aquifer for the Planning Board and Water Commission. Now Therefore Be it Resolved by the City Council of the City of Berlin as Follows: That the City Manager is authorized to apply to the NH Department of Environmental Services (NHDES) for study funds to re-delineate the aquifer and wellhead protection area in the area of the Maynesboro Industrial Park and that the City Manager is authorized to sign and submit said application and upon approval of said application, the City Manager is authorized to execute any documents and do all things which may be necessary to effectuate the grant. Be it further resolved that that any grant
funds received are hereby accepted and appropriated for use in the current budget. This Resolution shall be in full force and effect from and after passage.
Councilor McCue moved with a second by Councilor Lafleur to remove the resolution from the table. Councilor Donovan voted NO on principle. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Lafleur to amend the resolution, sixth paragraph to have the numbers now read: "Whereas, the remaining match amount of $8,497.50 can be allocated from the Master Plan project funds ($1,997.50) and Council Contingency ($6,500) to provide a total match amount of $19,977.50. And to add the next following paragraph: "Whereas, the City Council acknowledges that GeoInsight, Inc. will complete the work as they have prior experience with the site having completed studies on the aquifer for the Planning Board and Water Commission". Councilors Goudreau and Donovan voted NO on principle. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Lafleur to read the resolution, as amended, a second time by short title only. Councilors Goudreau and Donovan voted NO. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Lafleur to pass the resolution, as amended. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand with the exception of Councilors Goudreau and Donovan who voted NO on principle. Mayor Bertrand declared the resolution, as amended, now passed.
NEW BUSINESS
6. City Manager's Report.
- Tax Rate. DRA set the new rate at $29.82 per thousand which is $0.25 lower than last year's rate of $30.07.
- NH Fire Service and Emergency Medical Services Committee of Merit. On October 8 in Concord and award ceremony was held to honor local Firefighters and Police Officers for their heroism during the January 2007 fire.
- Public Works Facility Stair Award.. Cross Machine, low bidder of $42,300 was awarded the bid contract.
- Route 110 Phase II Schedule. Community impact study is no longer required. NHDOT will work with City staff to schedule the environmental impact study.
- Roger Brooks Branding Presentation. Held at the White Mountain Regional High School featured the Mt Washington, Mountain View and Balsams Hotels as a tourist draw calling them "New Hampshire Grand."
- StayWARM NH Initiative. NH Office of Energy and Planning anticipate this winter's energy needs and problems.
- North Country Regional Coordinated Transit Plan. Berlin meeting will be held at AVH on 11/11/08 from 4-6 p.m.
- NorthWoods Animal Rescue. Non-profit organization formed to deal with problem pets. Copy of memo attached.
- Police Donut Headlines. Donuts sold at RiverFire attracted headlines to the creative efforts of our Police Department.
Councilor Lafleur moved with a second by Councilor Remillard to accept the City Manager's report and place it on file. So moved, the motion carried.
Councilor Donovan publicly thanked City Employees for their efforts in keeping the taxes down when they were asked to trim their budgets. He cautioned people to vote wisely on November 4, doing so to bring in new leadership.
7. Public Comments:
Dick Poulin, 19 Exchange Street, Gorham informed Council that he was a past Planning Board, ZBA and Charter Commission member to name a few community projects he was involved with. He suggested that Council consider re-zoning the vacant mill property out of the industrial zone since an industry does not belong in the heart of town. Zoning is the solution to that problem and that would avoid any legal repercussions.
8. Council Comments:
Councilor Lafleur thanked Mrs Watson and the Civics Class for attending tonight's meeting.
Councilor McCue had three points tonight. 1) Glad the RT 110 Phase II is moving ahead without the impact study. 2) Disappointed the NCC meeting on the Tansit Plan is scheduled on Veteran's Day. That day should be set aside as a special day to honor veterans. 3) Master Plan meeting was not attended by anyone from the Council. More input is needed and the next part is critical.
Councilor Donovan told Mr. Poulin that Council did not comment on his public comments tonight because it is Council's Policy not to do so and has nothing to do with state law.
Councilor Goudreau also thanked the students for attending tonight's meeting and he also thanked Mr. Poulin for his comments regarding the vacant mill property. He agrees that now is the time to make a change and we should consult the City Attorney to begin the process. The citizens voted last November because they wanted change and he wants to make sure their voices are heard by pushing for economic development. Councilor Goudreau went on to say that he has accepted a new position with the FDIC so his attendance might be sporadic. He will however, stay in touch and will be available through email and cell phone and plans to be here for the budget process
Mayor Bertrand wished Councilor Goudreau well in his new position.
Councilor Cayer would like to discuss the matter of public comments and Council's policy regarding that issue before any decision is made. He concurs with Mr. Poulin that it would be prudent to explore what Mr. Poulin has suggested about zoning and thinks we should have legal counsel look at the issue. Councilor Cayer then asked the status of the discussions regarding the MRI contract and the intent to go month to month and would like to continue that discussion. Lastly, Councilor Cayer welcomed the students.
Councilor Donovan moved with a second by Councilor Remillard to amend Council's Policy regarding no Council response during Public Comments.
Councilor Cayer asked why the policy was installed in the first place.
Councilor Donovan replied that this policy was just handed down from Council to Council throughout the years.
Mayor Bertrand added public comments are there to give the public ample opportunity to speak and is not an attempt for open debate. He would like to discuss the matter in a Work Session.
Councilor McCue thinks it is a good idea to discuss the matter before voting to remove the policy.
Councilor Goudreau concurs Council should wait and supports a motion to bring the matter to a Work Session.
Councilor Donovan stated it is a basic policy and it has to change.
Councilor Evans made a point of order to postpone indefinitely and move forward. He then moved with a second by Councilor McCue to table Councilor Donovan's motion and schedule the matter for discussion at a Work Session two weeks from now. So moved, the motion carried.
9. Mayor's Report - Appointments
Planning Board:
- Ernie Allain to finish Richard Merrill's unexpired term to run from November 2008 until April 2009 as a regular board member;
- Richard Merrill to finish Ernie Allain's unexpired term to run from November 2008 until April 2009 as an alternate board member. Councilor McCue moved with a second by Councilor Evans to accept the Mayor's Planning Board nominations. So moved, the motion carried.
Police Commission:
- Gerard Nault to fill James Wagner's unexpired term set to end September 2009. Councilor Goudreau moved with a second by Councilor Donovan to accept the Mayor's Police Commission nomination. So moved, the motion carried.
Mayor Bertrand made the following comments:
1) Councilor Donovan credited the efforts of City staff and Department Heads but thanks should also go out to the Council for their hard work on the budget;
2) In his Inaugural Address he implored the citizens to make their voices heard. That is exactly what happened when the citizens spoke out about the Rt 110 initiative, they got their desired results;
3) He commended Dick Poulin for his public comments;
4) Councilor McCue mentioned the lack of Council participation at the Master Plan meeting. The Mayor also did not attend but that was because it was his wedding anniversary.
5) He also is disappointed the NCC meeting is on Veteran's Day but hopes the Council can attend and take an active role.
Councilor Lafleur moved with a second by Councilor Cayer to accept/file the Mayor's Report. So moved, the motion carried.
10. Adjournment:
There being no further business to come before Council at this time, Councilor Goudreau moved with a second by Councilor McCue to adjourn the regular meeting. So moved the motion carried and Mayor Bertrand declared the regular meeting adjourned at approximately 8:47 p.m.
A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
Berlin City Clerk
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