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City Council Minutes 12/01/2008 Regular Meeting
PUBLIC HEARING – December 1, 2008

2008-15 Ordinance Regulating Taxis

2008-16 Ordinance Adjusting “No Parking” on Hillside Avenue

2008-34 Resolution to Apply for and Accept $3,000.00 of Grant Funds for First Line Supervisor Training

2008-35 Resolution Appropriating $44,736.00 to the Police Department for Outside Overtime
 
Mayor Bertrand called the Public Hearing to order at approximately 7:31 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, Mayor Bertrand closed the public hearing at approximately 7:32 p.m.

REGULAR CITY COUNCIL MEETING - MONDAY, DECEMBER 1, 2008

Mayor Bertrand called the regular City Council Meeting to order at approximately 7:32 p.m. in the Council Chambers of City Hall.ouncil Committee Reports.   No Reports

2.  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   (tabled 11/17/08)  - NO ACTION -

3.  Ordinance 2008-16 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. (Hillside Avenue - tabled 11/17/08)   Be it ordained by the City Council of the City of Berlin, as follows:

That Sec. 15-69.  is hereby amended as follows: 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:    Hillside Avenue, west side, across from Washington Street, in front of the Berlin Middle School between the crosswalks, and one (1) space on either side north of the northerly crosswalk. Such space may be used for funeral services parking whenever the funeral markers are in place. “No parking” restriction shall be in effect from September first through June fifteenth from 7:00 a.m. to 4:00 p.m., Monday through Friday only.  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.  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 McCue to pass the ordinance.  Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the ordinance now passed.

4.  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.   (tabled 11/17/08)

Resolved by the City Council of the City of Berlin as follows:

Whereas, First Line Supervisor Training provides relevant concepts of management and leadership appropriate to the role responsibilities of first line supervisors; and

Whereas, ranking officers are required to attend First Line Supervisor Command Training, as mandated by NHPSTC; and

Whereas, the NHPSTC recognizes Roger Williams University as a leader in the field of law enforcement supervisory training; and

Whereas, the NHPSTC currently has funding available to offset the expense of said training,

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 Three Thousand Dollars ($3,000.00) in grant funds from the NHPSTC for First Line Supervisor Training courses.  Further, that Three Thousand Dollars ($3,000.00) 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 Goudreau moved with a second by Councilor Evans to remove the resolution from the table at this time.  So moved, the motion carried.

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

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

5. Resolution 2008-35:  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.  (tabled 11/17/08)    Resolved by the City Council of the City of Berlin as follows:

Whereas,  past practice dictated that Police Department outside overtime details be paid from a zero-appropriation line item entitled Outside Overtime, and reimbursements  received for said details were deposited into the same account; and

Whereas in August, 2006, the City auditors recommended the outside overtime line item be funded by appropriation and offset with a corresponding revenue line item; and

Whereas the number of outside overtime details executed since July 1, 2008, has been unusually high; and 

Whereas at 34% into the fiscal year, the Police Department’s outside overtime appropriation is 78% expended; and

Whereas additional outside overtime expenses are anticipated through June 30, 2009.

Now Therefore Be It Resolved by the City Council of the City of Berlin, NH, that the additional sum of Forty Thousand Dollars ($40,000.00) is hereby appropriated to the Police Department budget for payroll expenses related to outside overtime (01-420-116-3000), and the additional sum of Four Thousand Seven Hundred Thirty-Six Dollars ($4,736.00) is appropriated to the Police Department Group II Retirement appropriation (01-420-713-3000) for outside overtime retirement-related contributions.  Further, the above sum is in addition to all other previously appropriated funds for the Berlin Police Department Fiscal Year 2009 Budget.  This Resolution shall be in full force and effect from and after passage.

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

Councilor Donovan moved with a second by Councilor Goudreau 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

6.   Resolution to Enter Primex3Health 2% ExTra Discount Program     (1st read)

Councilor Lafleur moved with a second by Councilor Evans to table the resolution and schedule a public hearing on December 15.  So moved, the motion carried.

7.   City Manager’s Report.

- Coos County Thank You.  Coos County Commissioner, Suzanne Collins, thanked the City for its early payment of half of the County Tax apportionment..

- District Heating Continued Discussion.  Berlin and several north country communities participated in a group discussion looking at the feasibility of district heating systems with the goal of saving heating costs.

- ATV Meeting.  NH Trails Chief Chris Gamache, City Staff and Councilor Cayer met to discuss the status of the ATV trails in the area and how to link across the City from Jericho to Success. Next meeting is December 11 at 8:30 am.

- State Budget Problems.  The State budget problems will affect state assistance with some programs which may get delayed.

- Homeland Security Public Safety Grants Audit.  Results are enclosed showing the funds were appropriately utilized.

- Department of the Interior PILT Payment.  Additional $14,038 payment will be made to the City for the 16,232 acres of land the Federal Government owns in Berlin.

- Make-a-wish Ceremony at Fire Department.  Brendan Furtek was made an honorary member of the BFD and he received a remote control fire truck.  Councilors Poulin, McCue, Evans and Mayor Bertrand attended this event.

- NH DOT Bridge Inspections.  Railroad bridges on Green Street and over Willow Street were inspected and are ok.

- Public Works Report.  Attached

- City Manager’s Time.  Attached

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

8.   Public Comments:   No comments

9.   Council Comments

- Councilor McCue thanked everyone who participated with the Main Street Program Parade of Lights.  It was well attended and there were more floats this year.  On December 11, live mannequins will adorn Main Street business windows for Christmas.

- Councilor Donovan asked Council if they had a preference on where they would like to hold their retreat and which venue they are taking.

- Councilor Goudreau cautioned they are using taxpayer dollars to fund this retreat.  He inquired if there was any opinion if this has to be a public vs. private meeting.

- Councilor Donovan replied they must comply with RSA 91-A and keep it open to the public.   If there is a non-public session, it has to be advertised as such.

- Councilor Evans mentioned having the Council Retreat at the Philbrook Farm Inn.  They are local and have reasonable prices.

10.   Mayor’s Report  Appointment:  AVRRDD Alternate Member, Ward 4, Councilor Tim Cayer.

Councilor Donovan moved with a second by Councilor McCue to accept the Mayor’s nomination of Councilor Cayer.  So moved, the motion carried.    

11.   Adjournment:

There being no further business to come before Council at this time, Councilor Donovan moved with a second by Councilor McCue to adjourn the regular meeting and to move into non-public session per RSA 91-A:3, II(d) Land Matters.  Roll call resulted in unanimous votes including Mayor Bertrand who declared the regular meeting adjourned at approximately 8:07 p.m.

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


NON-PUBLIC SESSION

Minutes of the December 1, 2008 Non-public session per RSA 91-A:3, II(d) Land Matters:

Mr. MacQueen explained that the previous Council had voted to deny a request from Henrich Kandel to give the City $2500 for a property at 450 Goebel Street.