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City Council Minutes 01/12/2009 Work Session
Work Session
January 12, 2009

Present were:  Mayor Bertrand, Councilors Remillard, Lafleur, Evans, Goudreau, Cayer, Donovan, Poulin; Councilor McCue was absent.  Others present included:  Pamela Laflamme, Patrick MacQueen, Peter Morency, Jon Edwards, Chris Gamache, Bill Gabler, Scott Coulombe, Ralph Collins, Paul Grenier, ATV Club members, students from BHS Civics Class and several members of the public and media.

Mayor Bertrand called the meeting to order at 6:30 p.m.

NH Trails Bureau
Chris Gamache commented on the development of trails at Jericho, noting that progress last year was impacted by the rain and not as much was done as what was hoped.  In 2009, the Bureau of Trails is hoping to get into Head Pond and could open 10-15 miles of trail within weeks.  A greeting center and restrooms at the entrance to the park are planned as well as a contact station.  Special events at the park could start as early as next year.  

Mayor Bertrand asked how things are progressing toward establishing an east/west link between the Jericho trails and Success trails.  Mr. Gamache had a map of potential options that would link Jericho to Success.    The first option would follow Corridor 19 of the snowmobile trail; second is further north and would use city streets from Head Pond to Cates Hill then to the Eighth Street Bridge; the third option is one on Cascade Hill and the last is a Gorham connector that would take the trail out of Berlin to cross the river in Gorham and then use the railroad trail to return to Berlin.

Councilor Cayer stated that the trail to Gorham is a route that is the quickest to get going and could benefit both communities.  It would allow a connection while working on other options.  He questioned what kind of special events are planned and Mr. Gamache replied that the Bureau of Trails has had requests from charity fundraisers and clubs as well as manufacturers and dealerships of ATV's inquiring about product testing for the public.  

Councilor Donovan indicated that the Council is open to hearing about the operation of ATV's on city streets if it can be done safely.  Pete Morency clarified that some of the proposed trail system would be out of the urban compact and those State roads have different rules.  

Councilor Goudreau reasoned that he has seen ATV's meld well with existing traffic in other communities that he has travelled to.  He emphasized that we should have an established ATV route so that they are not everywhere.  He added that if an ATV is going to be riding on the street they should carry insurance to protect pedestrians.  
Councilor Poulin remarked that his preference would be for the ATV trail to go through the City.  He confirmed with Mr. Gamache that all of the options will be worked on simultaneously so that a determination of the best route can be made.  

Biomass Project
At the request of Councilor Remillard, Barry Kelley addressed the Council.  He opened by saying he was compelled to come to the Council after reading a statement attributed to the Council that the Laidlaw Biomass project is being forced on Berlin by outsiders.  Mr. Kelley said that he is not an outsider and is very much in favor of the biomass plant.  He thinks it is a great project for Berlin.  He added that this is going to be a first class facility with no bad smell or loud noises.

The biomass plant would be one of the largest taxpayers in the city.  It would put people to work and have a ripple effect to people in the woods.    The price of pulp wood has gone from $54.00 per ton to $32.00 per ton in recent months.  This project will bring a steady demand for the wood.  Laidlaw has its financing in place and it has an agreement with PSNH to buy the power it produces.

With regard to the wood studies that have been done, Mr. Kelley noted that the Clean Power study was limited to wood availability within 30 miles and estimated at 300,000 tons of available biomass.  The North Country Council also did a study and increased the radius to 70 miles thereby increasing the availability to an estimated 240,000 to 950,000 tons annually.  He confirmed that Laidlaw was using the NCC study and expects to consume 675,000 tons per year.

Mr. Kelley went on to say that energy is inflation proof.  Paper can be brought in from other countries but energy cannot.  Laidlaw will be spending $100,000,000 and this will be the cleanest plant in the United States.   This project is not an impediment to economic development but a catalyst for it.  

This project could raise Berlin's stature in the green sector because Berlin has the biggest jump in the State on the governor's 25 by 2025 Plan.   The boiler is not a monstrosity but a monument to the people who have been burning wood there for years.  This will improve Berlin's image and return the North Country to an important contributor to the state.

Mayor Bertrand asked why the owner is not being the cheerleader of the project.  The City has heard nothing from the company other than a call from Charlie Bass to say that the purchase had been made.  He said that he understands the enthusiasm and wants to start a dialogue with Laidlaw.

Councilor Donovan noted that he believes there are outside forces that are pushing this forward.  NADC has had the potential for dealing with their environmental issues using grant funds that the City could apply for and they refused.   If they are going to be a good neighbor, they need to bring the facts to the table.  

Mayor Bertrand asked if it is economically feasible to go through the woods and cut for biomass.  Mr. Kelley responded that the technology is coming but is not here yet. He added that the most difficult part of the tree to get rid of is the part used for biomass.    

Council members agreed that they would like to see Laidlaw at the table.  

Support for Coos County Family Health Services Community Facilities Application to USDA Rural Development
Mr. MacQueen explained that Adele Woods of Coos County Family Health approached him for support of a grant she is writing which requires support from the city.  The grant would help alleviate a drainage problem at their site on Willow Street.  

Council Lafleur moved to allow the City Manager to sign as evidence of city support for the project; Councilor Poulin seconded and the motion carried.  

BIDPA Temporary Appointment
Mayor Bertrand acknowledged that Councilor Evans will be unable to attend BIDPA meetings until June and he asked if any Councilor would volunteer to fill in during his absence.  Councilor Remillard offered to sit on BIDPA on a temporary basis.  

Councilor Donovan moved to approve Mayor Bertrand's appointment of Councilor Remillard to BIDPA on a temporary basis from January to June; Councilor Evans seconded and the motion carried.

Non-Public Sessions
Councilor Evans stated that his understanding is that the non-public sessions of a board or committee meeting are not necessarily open to members of the council unless they are an appointed ex-officio member to that Board of Committee.  In discussion that followed Councilor Donovan was of the opinion that City Councilors could sit in on these meetings to include the non-public sessions.  Mayor Bertrand noted that matters of the Police Commission may be sensitive and it would be understandable if Council members are not allowed.  Councilor Lafleur noted that the School Board would have matters of confidentiality as well.

E-Mail
Councilor Donovan suggested that a legal opinion be sought on the issue.  He went on to question e-mail correspondence among Council members and asked that the legal opinion include the perimeters of e-mail correspondence among Councilors and whether it is subject to the Right to Know Law.  The consensus of the Council was to ask the LGC if they could provide an opinion on these issues.
 
District Court Lease
Mr. MacQueen reported that he was contacted by the State Department of Administrative Services regarding the court house lease.  The court is hoping to be in the new building by 2009 but it is uncertain if that will happen.  They are proposing a lease of 6 months in duration and proposing a 1.5% rent increase.   Last year we had an increase of 4.5% on a one year lease.   Discussion led to the following motion:

Councilor Poulin moved to ask for 6.5% and a one year lease; Councilor Goudreau seconded and the motion carried.

Other
Route 110
Mayor Bertrand offered his preference for trucks using Route 110 to be routed to the Cleveland Bridge, keeping trucks out of the downtown area.

Riverside Drive Sidewalks
Councilor Goudreau asked how the sidewalks on Riverside Drive were done so quickly.  Mr. MacQueen indicated that those sidewalks were not being considered part of the school priority area and with the Council's clarification that they wanted it to be a priority; the sidewalks were cleared of snow.

Councilor Donovan moved to adjourn; Councilor Poulin seconded and the motion carried.  The meeting ended at 8:25 p.m.

Respectfully Submitted,

Susan Tremblay
Administrative Assistant