PUBLIC HEARING – November 17, 2008
Ordinance 2008-14 HB 1651 Allowing Partial Property Tax Exemptions to Foster Commercial & Industrial Construction
Resolution 2008-33 Authorizing an Application to the NH Department of Safety for $5,0000
Mayor Pro Tem Donovan called the Public Hearing to order at approximately 7:37 p.m. to receive public input on the above noted ordinance and resolution. There being no one wishing to speak for or against the ordinance or resolution at this time, Mayor Pro Tem Donovan closed the public hearing at approximately 7:38 p.m.
REGULAR CITY COUNCIL MEETING - MONDAY, NOVEMBER 17, 2008
Due to the absence of Mayor Bertrand Council voted to appoint Councilor Donovan as Mayor Pro for this meeting. Mayor Pro Tem Donovan called the regular City Council Meeting to order at approximately 7:38 p.m. in the Council Chambers of City Hall.~ The pledge of allegiance to the flag preceded roll call. Present: Councilors McCue, Lafleur, Evans, Cayer and Poulin. Councilors Remillard and Goudreau were absent. Also present: City Manager MacQueen, Police Chief Morency, Boy Scout troop 207, one OPEIU union member and the press.
Minutes, Previous Meetings
Councilor Lafleur moved with a second by Councilor Poulin to accept the minutes of the 11/03/08 Work Session & Regular Meeting Minutes; 11/10/08 WS. So moved, the motion carried.
Disbursements:
It was recommended by the Committee on Accounts/Claims that all bills start date 11/06/08 – 11/19/2008 total cash disbursement of $2,013,159.83 Draft #1579.~ Councilor Evans moved with a second by Councilor Cayer 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. Safety Committee made the following recommendations:
1) Traffic at Cheshire and Grafton. Erect a sign “dangerous intersection ahead” both ways on Grafton at Cheshire Street.
2) Hillside Avenue Crosswalks. Hillside Avenue, west side across form Washington Street in front of the Berlin Middle School one space on either side of the crosswalk. Such space may be used for funeral services parking whenever the funeral markers are in place. “No Parking” restriction shall e in effect form September first through June fifteenth from 7:00 am to 4:00 pm Monday through Friday only.
3) Caron Building Center Concern. No action at this time.
Councilor Evans moved with a second by Councilor Lafleur to accept the Safety Committee recommendations. So moved, the motion carried. Mayor Pro Tem Donovan publicly stated that the Mayor and Council will work with businesses to remediate any problems.
2. Ordinance2008-14: Amending the Code of Ordinances, Chapter 19 Development relating to partial tax exemptions for new construction for industrial and commercial uses. (tabled 11/03/08)
Be it ordained by the City Council of the City of Berlin, as follows:
WHEREAS, the Legislature has passed HB 1651 which allows municipalities in Coos County to offer property tax exemptions to foster commercial and industrial construction; and
WHEREAS, the City of Berlin is in need of additional commercial and industrial activity, diversification and employment.
NOW THEREFORE BE IT ORDAINED by the Mayor and Council of the City of Berlin that the Code of Ordinances of the City of Berlin is hereby amended as follows:
Amendment 1.
Amend Chapter 19, Development, Article II, Development by changing the title of Article II to the new title of "Community Revitalization Tax Relief Incentive", and further by deleting in its entirety the title of "Division 1. Community Revitalization Tax Relief Incentive".
Amendment 2.
Amend Chapter 19, Development, by adding a new "Article III, Partial Tax Exemption for New Industrial and Commercial Construction" to read as follows:
ARTICLE III - PARTIAL TAX EXEMPTION FOR NEW INDUSTRIAL AND COMMERCIAL CONSTRUCTION
Sec. 19-46. Declaration of Public Benefit
(a) It is declared to be a public benefit to encourage commercial and industrial construction as a means to add to and diversify the City's economic base. New or additional industrial business not only adds to the tax base of the City but also provides new employment and economic activity in the City .
(b) Short-term property tax exemption is a means to encourage this type of added economic activity and employment growth in the City.
Sec. 19-47. Tax Exemption Authority.
The City of Berlin hereby adopts the provisions of RSA 72:76 in the manner specified under RSA 72:77 and in accordance with the procedures set forth in RSA 72:27-a and in the City's normal procedures.
Sec. 19-48. Definitions.
In the interpretation and enforcement of this article, all words other than those defined specifically below shall have the ordinarily accepted meanings. For the purpose of this Article, the following definitions from RSA 72:75 shall apply:
a. "Commercial Uses" shall include all retail, wholesale, service, and similar uses.
b. "Industrial Uses" shall include all manufacturing, production, assembling, warehousing, developing or processing of goods or materials for sale or distribution, research and development activities and processing of waste materials.
c. "New Construction" shall mean construction of new structures and additions, renovations or improvements to existing structures.
Sec. 19-49. Tax Exemption.
Any owner of property who either is or will be engaged in new construction on his/her property which will be utilized for a commercial use and/or industrial use as defined herein may apply to the Board of Assessors for an exemption from municipal and local school property taxes (no exemption from county or state education property taxes for the increase in assessed value attributable to the new construction) in accordance with the following table:
% Tax Exemption of Increased Assessed Value from New Construction
|
Tax Year 1 |
Tax Year 2 |
Tax Year 3 |
Tax Year 4 |
Tax Year 5 |
Commercial Uses |
25% |
20% |
15% |
10% |
5% |
Industrial Uses |
50% |
40% |
30% |
20% |
10% |
Sec. 19-50. Application for Exemption.
1. On or before March 1 following the date of notice of tax under RSA 72:1-d for any year for which the exemption is claimed, a person qualified for an exemption under this ordinance shall file an application with the Board of Assessors (BOA) on an application form provided by them, signed by the applicant under penalty of perjury, which contains adequate information to demonstrate that the applicant is qualified for the exemption.
2. The BOA shall notify the applicant of their decision on or before July 1 following the date of notice of tax under RSA 72:1-d. The decision shall specify the amount of the exemption that it is effective beginning the prior April 1, and the number of years (not to exceed ten years) for which the exemption applies to qualified construction. The exemption for all years shall cumulatively not exceed 500% of the increased assessed value. The decision of the BOA may be appealed in the manner set forth in RSA 72:34-a.
3. Alternatively, an owner may apply for the exemption prior to construction, but in no case more than 12 months before the beginning of the tax year for which the exemption is sought. In such cases the BOA may anticipatorily grant the exemption, subject to adjustment when the actual increase in assessed value becomes known. If construction is partially complete on April 1 of any year, the exemption for that year shall be based on the increased assessed value attributable to the partial construction, but the duration of the exemption shall be adjusted such that the cumulative amount of exemptions received, based on the construction as completed, is proportional to that received by other eligible properties.
4. The BOA may request such additional or updated information as is necessary to determine eligibility. If the BOA is satisfied that the applicant has willfully made any false statement, or has refused to provide information after such a request, the BOA may refuse to grant the exemption.
5. If the City completes a revaluation during the period for which an exemption has been granted, the amount of the exemption shall be adjusted by the difference in equalization ratios applicable in the City before and after the revaluation.
Sec. 19-51. Resumption of Full Tax Liability.
Upon expiration of the tax exemption period, the property shall be taxed at its full market value in accordance with RSA 75:1.
Sec. 19-52. Sunset Provision.
In accordance with RSA 72:77-II., this Article will expire and become void after 5 tax years from the date of its adoption. However, any application for exemption which has already been granted prior to the expiration of such 5 tax year period will continue to apply at the rate and for the duration in effect at the time it was granted.
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 McCue to read the ordinance a second time by title only. So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor Evans to pass the ordinance. All voting in the affirmative, the ordinance was declared passed by Mayor Pro Tem Donovan.
3. Resolution 2008-33: Authorizing an application to the NH Department of Safety for Five Thousand Dollars ($5,000) and appropriating these funds to the Health Department to update the City’s Multi-Hazard Mitigation Plan in order to remain in compliance with the Disaster Mitigation Act of 2000. (tabled 11/03/08) Resolved by the City Council of the City of Berlin as Follows:
Whereas, on March 1, 2004 FEMA approved the City of Berlin’s Local Hazard Mitigation Plan; and
Whereas, the Plan needs to be periodically updated to keep it current and in compliance with the Disaster Mitigation Act of 2000; and
Whereas, the NH Department of Safety, through the Division of Homeland Security, has money available for such an update; and
Whereas, 50% of matching funds ($5,000.00) will be provided by the Berlin Health Department through in-kind services.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Berlin, NH, that an application to the NH Department of Safety for $5,000.00 is hereby authorized and upon receipt is hereby appropriated to the Berlin Health Department for the purpose of the grant.
Be it Further Resolved that the Berlin Health Department will provide $5,000.00 of in-kind services as match to the grant and that the City Manager is authorized to accept and do all things necessary to effectuate the grant. This Resolution shall be in full force and effect from and after passage.
Councilor Evans moved with a second by Councilor Poulin to remove the resolution from the table. So moved, the motion carried.
Councilor Evans moved with a second by Councilor Poulin to read the resolution a second time by title only. So moved, the motion carried.
Councilor Evans moved with a second by Councilor Poulin to pass the resolution. All voting in the affirmative, the resolution was declared passed by Mayor Pro Tem Donovan.
NEW BUSINESS
4. Ordinance 2008-13 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 Poulin to table the ordinance and schedule a public hearing on December 1, 2008. So moved, the motion carried.
5. Ordinance 2008-15: Amending the Code of Ordinances by deleting in its entirety the existing Article VIII Taxicabs and substituting in lieu thereof the following new Article VIII Taxicabs (1st read)
Councilor Evans moved with a second by Councilor Poulin to table the ordinance and schedule a public hearing on December 1, 2008. So moved, the motion carried.
6. Resolution 2008-34: Authorizing the Berlin Police Commission to apply for and accept Three Thousand Dollars ($3,000) in training grant funds from the NH Police Standards and Training Council (NHPSTC) for the Command Training Series, First Line Supervisor Course. (1st read)
Councilor Evans moved with a second by Councilor McCue to table the resolution and schedule a public hearing on December 1, 2008. So moved, the motion carried.
7. Resolution 2008-35: Increasing the Police Department’s Outside Overtime budget appropriation for fiscal year 2008-2009 by Forty Thousand Dollars ($40,000) and the Police Department’s Group II Retirement budget appropriation by Four Thousand Seven Hundred Thirty-Six Dollars ($4,736) said increased to be offset by additional revenues received for outside overtime. (1st read)
Councilor Poulin moved with a second by Councilor Evans to table the resolution and schedule a public hearing on December 1, 2008. So moved, the motion carried.
8. OPEIU Proposed Labor Contract
Eff 7/1/07 Eff 7/1/08 Eff 7/1/09 Eff 12/1/09 Eff 7/1/10
Pay Increase 0 0 15,025 8,900 6,386
Longevity ($300 for 10+ service years) 2.0% 2.0%
3,900
0.5%
FICA (includes longevity of $3,900) 1,448 684 488
Retirement (emp. .0909; asst. chief .1605 1,720 813 580
Health Ins. 80/20 (14,583) (10,417)
Incremental Dollar Cost $0.00 $0.00 $22,093 (4,147) (2,962
Three year total cost: $17,946; three year average pay increase 1.0%; Three year average cost increase not counting health copay 1.2%; Three year average cost increase counting health copay 0.4%
Councilor Lafleur moved with a second by Councilor Poulin to accept the OPEIU Labor contract. Roll call resulted in unanimous affirmative votes of Council with the exception of Mayor Pro Tem Donovan who voted NO. The contract cost items were accepted.
9. City Manager’s Report.
Neighborhood Stabilization Funding. Program aimed at dealing with foreclosures across the country and their impact on neighborhood blight. Berlin is seeking demolition funding through a federal program with no success. The program is being submitted to CDFA and the Governor’s Office prior to submission to HUD on December 1.
District Heating Meeting. Dr. Morris Pierce gave a presentation at the college on district heating systems fired by biomass. A copy of the material he covered is available for public review in the City Manager’s Office.
Daily Flows. The City Manager copied a daily flow chart comparing the BWW and Pollution Control Facility.
Clean Power Option Payment. Provided the City with a second of two $5,000 option payments toward the purchase of the property they have an option on at the WWTF. Nothing is finalized yet.
North Country Transit Meeting. Public session held on 11/11 on its annual transit plan to review the status of public transportation in the region
BPD Commendation. High School Principal Gray Bisson commended the Berlin Police Department for the way they handled a recent incident at the High School and were able to identify the person making threats.
Time Warner Cable Notices. 2009 price increase and TW is trying to negotiate programming agreements expiring the end of 2008.
Councilor Lafleur moved with a second by Councilor McCue to accept the City Manager’s report and place it on file. So moved, the motion carried.
10. Public Comments: No comments
11. Council Comments:
Councilor Lafleur invited all to the BHS FCCLA sponsored Chili Cookoff Friday, November 21 at 6:00 pm. Proceeds are being used to help the needy with fuel.
Councilor Poulin thanked Boy Scout Troop 207 for attending tonight’s meeting and encouraged them to get involved with their community. He then said how impressed he was with the way our Police Department handled a recent incident at BHS. The matter was handled professionally and was well controlled. We are lucky to have a police force capable of handling such incidents.
Councilor McCue attended the NHMA meeting. They discussed the issue of downshifting from the state to the county to the cities and towns creating a level of difficulty. He will keep the Mayor and Council informed about the matter.
Councilor Lafleur congratulated Councilor McCue for being selected to serve on the LGC Committee on Government Affairs.
12. Mayor’s Report - Resignations
School Board: Melissa Wedge
Councilor Lafleur moved with a second by Councilor McCue to accept with regret and gratitude the resignation of Melissa Wedge and to send a letter of commendation for the time she served. So moved, the motion carried.
Library Trustee: Harold Nelson
Councilor Lafleur moved with a second by Councilor McCue to accept with great regret the resignation of Harold Nelson and to send a letter of appreciation for his many years of service to the City and to advertise in the local papers to fill the unexpired term. So moved the motion carried.
Mayor Pro Tem Donovan read a letter from Paul Cusson requesting the Mayor and Council to consider reclassifying certain railroad crossings to exempt status. Mr. Cusson also is requesting the removal of school zone signs in the St. Michael School area as a safety concern.
Councilor McCue moved with a second by Councilor Poulin to remand the matter to the Safety Committee for further review. So moved, the motion carried.
Councilor Poulin moved with a second by Councilor McCue to accept/file the Mayor’s Report. So moved, the motion carried.
13. Adjournment:
There being no further business to come before Council at this time, Councilor Poulin moved with a second by Councilor Lafleur to adjourn the regular meeting. So moved the motion carried and Mayor Pro Tem Donovan declared the regular meeting adjourned at approximately 8:30 p.m.
A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
Berlin City Clerk
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