Public Hearing – January 19, 2009
- Ordinance 2009-01 Establishing Trustees of Trust Funds
- Resolution 2009-01 Authorizing a Neighborhood Stabilization Grant in the Amount of $2,760,893.00
- Resolution 2009-02 Authorizing a Grant to the Land & Water Conservation Fund in the Amount of $20,000.00 and Accepting Land from the Northern Forest Heritage Park Known as Rotary Park
Mayor Bertrand opened the public hearing at approximately 7:30 pm for public comments.
Joe Vigue, 67 Wood Street, asked about the Rotary Park deed being given to the city. Mayor Bertrand replied that in order to receive any type of grants, we have to own the land. Mr. Vigue then asked if that deed ties the city’s hands for clean-up or liability for any hazardous waste.
Councilor Donovan explained that the city never owned that land. It was always owned by the current mill owners and not the Rotary Park. The land was donated to the Northern Forest Heritage Park at one time.
Councilor Lafleur added that a few years back, the city engineer had a plan on record for a riverwalk in that area and that would not have been planned if the area was contaminated.
Councilor Goudreau reflected that in the 55 years he has lived here, he has never heard nor seen anything hazardous on that property that could cause hazardous waste.
There being no further comments at this time, Mayor Bertrand declared the public hearing closed at approximately 7:33 p.m. and the Work Session continued.
REGULAR CITY COUNCIL MEETING - MONDAY, JANUARY 19, 2009
Mayor Bertrand called the regular City Council Meeting to order at approximately 7:56 p.m. in the Council Chambers of City Hall.It was recommended by the Committee on Accounts/Claims that all bills start date 1/08/09 – 1/21/2009 total cash disbursement of $1,291,035.58 Draft #1583.#000000" style="font-family:Times New Roman;font-size:9pt;color:#000000;">OLD BUSINESS:
1.. Council Committee Reports. No Reports
2. 2009-01 Ordinance: Amending the Code of Ordinances, Chapter 2 Administration, Article III. Boards, Committees and Commissions by adding a new Division 8 titled Trustees of Trust Funds. (tabled 1/05/09) Be it ordained by the City Council of the City of Berlin, as follows: That the ordinances of the City of Berlin are hereby amended by adding a new Division 8. Trustees of Trust Funds to the existing Article
III Boards, Committees and Commissions of Chapter 2 Administration.
Amendment 1:
Add a new Division 8. Trustees of Trust Funds to Article III. Boards, Committees and Commissions of Chapter 2, Administration to read as follows: DIVISION 8. TRUSTEES OF TRUST FUNDS*
Sec. 2-139. Composition.
The Trustees of Trust Funds, pursuant to RSA 31:22, shall consist of three (3) members appointed by the Mayor and approved by the Council.
Sec. 2-140. Term, compensation.
Appointments to the Trustees of Trust Funds shall be made for terms of three (3) years except that the term of one of the original appointees will be for a term of one (1) year and the term of another of the original appointees will be for a term of two (2) years.
Sec. 2-141. Functions.
The functions and duties of the Trustees of Trust Funds shall be as provided in RSA 31:19 et seq. Trust funds currently held by the City of Berlin are the Public School Scholarship Trust Fund and the Berlin Trust Fund as well as Cemetery Perpetual Care Trust Funds. The Trustees of Trust Funds have custodial and administrative responsibility for these Trust Funds and any other Trust Funds of the City existing now or in the future. * State Law References: Trustees of Trust Funds, RSA 31:19 et seq.
Amendment 2:
Add a new Division 9. Library Trustees to Article III. Boards, Committees and Commissions of Chapter 2, Administration to read as follows:
DIVISION 9. LIBRARY TRUSTEES
Sec. 2-142. Generally
The Library Trustees composition and powers and duties shall be as provided in RSA 202-A, Public Libraries. * State Law References: Library Trustees, RSA 202-A et seq.
Amendment 3:
Add a new Division 10. Police Commission to Article III. Boards, Committees and Commissions of Chapter 2, Administration to read as follows: DIVISION 10. POLICE COMMISSION
Sec. 2-143. Generally.
The Police Commission composition, powers and duties and compensation shall be as provided in the City Charter and Related Laws.
Secs. 2-144-145. Reserved.
Amendment 4:
Delete in its entirety the listing in Sec. 2-41 of Division I. GENERALLY, of Article III. Boards, Committees and Commissions of Chapter 2, Administration which reads:
(1) Berlin Housing Authority
(2) Cemetery Trustees
(3) Board of Health
(4) Recreation and Parks Commission
(5) Board of Assessors
and substitute in lieu thereof a new listing to read:
(1) Board of Assessors
(2) Board of Health
(3) Cemetery Trustees
(4) Housing Authority
(5) Industrial Development and Park Authority
(6) Library Trustees
(7) Police Commission
(8) Recreation and Parks Commission (9) Trustees of Trust Funds
Amendment 5:*
In Division 2. Public School Scholarship Trust Fund of Article V. Finance, delete the following from paragraph (e) and all of paragraph (f) as follows:
(e) he trustees shall have the full authority to expend the funds of the trust.
Amendment 6:*
In Division 3. Berlin Trust Fund of Article V. Finance, delete the following from paragraph (e) and all of paragraph (f) as follows:(e)"Times New Roman" size="+0" color="#000000" style="font-family:Times New Roman;font-size:9pt;color:#000000;">- Whereas, all grant proceeds shall be deposited with the City Treasurer and that any additional use of the funds beyond the scope of work as listed in the application shall require prior approval of the City Council.
- Now Therefore Be it Resolved by the City Council of the City of Berlin as Follows: That the City Manager is authorized to sign and submit a Neighborhood Stabilization Program Grant application for up to Two Million Seven Hundred Sixty Thousand, Eight Hundred Ninety-Three Dollars ($2,760,893.00) to stabilize neighborhoods being affected by high concentrations and volume of foreclosures and sub-prime mortgages and having the highest risk factors for future foreclosures; the City Manager is authorized to sign all documents and do all things necessary to effectuate the
grant; and further that the City Manager is further authorized to receive said grant and the grant proceeds are hereby appropriated, in addition to all other funds, for the purpose of the grant. This Resolution shall be in full force and effect from and after passage.
-Councilor Lafleur moved with a second by Councilor McCue to remove the resolution from the table at this time. So moved, the motion carried.
-Councilor Lafleur moved with a second by Councilor McCue to have the resolution read a second time by title only. So moved, the motion carried.
-Councilor Lafleur moved with a second by Councilor McCue to pass the resolution. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution now passed.
4. 2009-02 Resolution: Authorizing the City Manager, on behalf of the Berlin Recreation & Parks Department, to apply for and receive funding in the amount of $20,000.00 from the Land & Water Conservation Fund, Grant Round 23, for the purpose of creating a boat launch at the Rotary Park in Berlin, NH. (tabled 1/05/09) Resolved by the City Council of the City of Berlin as Follows:
- Whereas, the Berlin Recreation & Parks Department, in partnership with the Tri County Community Action Program, the Northern Forest Heritage Park and the Androscoggin Valley Watershed Council, is seeking a Land & Water Conservation Grant in the amount of Twenty Thousand Dollars ($20,000.00) for the development of a boat launch at the Rotary Park; and
- Whereas, matching funds in the amount of $10,000.00 will be provided through in-kind and force account work of the City of Berlin, the Tri County Community Action Program, the Northern Forest Heritage Park and the Androscoggin Valley Watershed Council; and
- Whereas, the City of Berlin is committed to the values of public recreation and recognizes the relationship between recreation development and the overall economic improvement of the community; and
- Whereas, improved river access will facilitate increased uses by residents and visitors, and will encourage public stewardship, and this site is an important link in the Androscoggin River Watershed Council’s Androscoggin River Trail; and
- Whereas recreational access to the Androscoggin River is limited and the community and the region would greatly benefit from the expansion of recreational access from boats, canoes, and kayaks and such a boat launch meets a critical need for river access in northern New Hampshire as discussed in the New Hampshire Statewide Comprehensive Outdoor Recreation Plan (SCORP).
- Now Therefore Be it Resolved that the City Council authorizes an application to the Land and Water Conservation Fund as administered through the Department of Resources and Economic Development in the amount of $20,000.00 and upon receipt of said grant, the funding is hereby appropriated, in addition to all other funds, for the purpose of the grant. Further that the City hereby approves acceptance of a quitclaim deed from the Northern Forest Heritage Park for the parcel of land known as Rotary Park on the west side of the Androscoggin River and east side of Riverside Drive between Bridge Street Bridge and the Twelfth Street Bridge. Be it further resolved that the City Manager is authorized to sign all documents and do all things necessary to effectuate the grant. This Resolution shall be in full force
and effect from and after passage.
-Councilor Donovan moved with a second by Councilor McCue to remove the resolution from the table at this time. So moved, the motion carried.
-Councilor Donovan moved with a second by Councilor McCue to have the resolution read a second time by title only. So moved, the motion carried.
-Councilor Donovan moved with a second by Councilor McCue to pass the resolution. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution now passed.
NEW BUSINESS
5. Resolution accepting a grant form the Neil and Louise Tillotson Fund of the New Hampshire Charitable Foundation in the amount of Six Thousand, Two Hundred Sixty-Nine Dollars, ($6,269.00) and appropriating such funds to Airport Grant Fund 30 for use as a portion of the Airport’s share of the purchase of a four wheel drive loader. (1st read)
Councilor Lafleur moved with a second by Councilor Remillard to table the resolution and schedule a public hearing on February 2, 2009. So moved, the motion carried.
6. Resolution authorizing the City Manager to apply for funding in the amount of up to $40,000.00 from the Bureau of Trails for ATV trail development (1st read – rules suspended)
Resolved by the City Council of the City of Berlin as Follows:
-Whereas, the City of Berlin is committed to a partnership with the Androscoggin Valley ATV Club and the NH Bureau of Trails for the development of a connected trails system at the Jericho Mountain State Park and throughout the City of Berlin; and
-Whereas, matching funds in the amount of $10,000.00 will be provided through in-kind services of the City; and
-Whereas, the City of Berlin recognizes that recreation based economic development in the form of ATV trail access connecting trail users with existing businesses in the City is key to Berlin’s economic future.
-Now Therefore Be it Resolved that the City Council authorizes an application to NH Bureau of Trails administered through the Department of Resources and Economic Development in the amount of up to $40,000.00 for ATV trail development. This Resolution shall be in full force and effect from and after passage.
Councilor Donovan moved with a second by Councilor Goudreau to suspend the rules of Council to allow the resolution to be read a second time and to be placed on its final passage. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the rules suspended.
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.
7. City Manager’s Report.
- Main Street Fire. Devastating fire demolished 2 buildings. Fire Department did an outstanding job.
- DES Stimulus Funding. Meeting on Jan. 9 in Concord. NH hopeful to get 1% of nationwide allocation. Must be “shovel ready” so actual construction can begin within 90-180 days.
- District Heating Meeting. The third in a series of meetings held Jan 4 to discuss alternative energy programs to have municipalities be less dependent on oil and gasoline.
- Berlin Gaming Meeting. Mayor Bertrand, Councilor Goudreau and City Manager attended a meeting with community members and the Chamber of Commerce hosted by the NH Charitable Gaming . This group operates a card room in Milford, NH. They propose an operation in Berlin to include slots and table games should NH law be changed to allow it. A three-phase approach in Berlin was discussed for eventually producing revenues up to $300,000 and may provide 155 FTE jobs.
- NH DOT Ten Year Plan. North Country Council looking for comments from the Mayor and Council by the end of March so they can be included in their report to the NHDOT.
- Legislative Matters. HB 197 allows a municipality to have to pay the majority costs of a damage suit even if its contribution to the liability was minimal. HB 223 defers the municipal obligation under last year’s comprehensive retirement reform bill to the end of this calendar year for municipalities which fall under the 125% “spiking” provision with respect to paying the actual pension benefit up front in the NHRS.
- Time Warner Communication. With respect to its negotiations for programming in its services.
Councilor Donovan moved with a second by Councilor Goudreau to accept the City Manager’s report and place it on file. So moved, the motion carried.
8. PUBLIC COMMENTS:
Bobby Haggart said we need sand on the streets because kids can’t walk on them.
9. Council Comments:
Councilor McCue discussed upcoming legislation regarding changes to the Right-to-know law. The old law says the court may take action if a municipality does not comply with the law. The new wording days the court shall take action. This is bad legislation. Another bit of legislation to watch is the assessment charges for forest land and what effect this might have on the city by reducing another revenue source.
Councilor McCue praised the great job the Fire Department did with the horrific fire on Main Street this past weekend. Main Street will survive but this just reinforces the work that has been outlined with Master Plan regarding the downtown. He concluded that it has been one year ago today that the Mayor and Council took their oath of office. He has enjoyed working with everyone and hopes they will all work together again after the election next year.
Councilor Remillard reported that the theatre will reopen and the new owners received the full cooperation of the city officials they dealt with. She also attended the school board meeting where school officials said they would close Bartlett School to save funds. The School Board is working to stay within their budget which is very encouraging news.
Councilor Goudreau also commended the Fire Department for working through the horrific conditions fighting the Main Street fire. He questions whether the Fire Department has adequate staffing due to the many large fires that occurred recently.
Regarding Laidlaw and a biomass plant, Councilor Goudreau has been in banking industry for 32 years and needs facts to have an open mind. Clean Power gave those facts but there has been no discussion with Laidlaw whatsoever, which is a lousy business plan. He is anxious to sit with Laidlaw but his gut feeling is this is not good and we can do better. “We have the opportunity to make a change here,” he said.
Councilor Donovan remarked that Laidlaw wants people to fall into their propaganda. North American Dismantling never outwardly gave out info. Laidlaw’s first meetings were not with the Mayor and Council but with some outsiders down at the T&C. Councilor Donovan had to barge into that meeting himself. For the last 20 years tourism was put on the back burner because it did not mean mill. When the Main Street Program came, it took 2 attempts to get them into Berlin. We have to sift below the surface before economic development sets in. He believes Laidlaw has a marketing genius that preys on our local people.
Councilor Remillard had an additional comment about the Main Street fire. Her first thought was that it is a blessing that the Mt. Forist Studio building had no tenants because that could have been a tragedy. She stressed the importance of having the Fire Department enforce and secure the fire codes. “We should ensure that the Fire Department has enough manpower.”
Councilor Poulin supports Councilor Donovan’s comments about needing to move direction to get Berlin to a better place. “Some people see a puddle and move toward that while others see the ocean. We have the opportunity to move forward and our assets are extraordinary.”
Councilor Poulin would like to have a letter of appreciation sent to the Fire Department for the excellent way they handled the Main Street fire.
10. Mayor’s Report
Mayor Bertrand echoed the sentiments regarding the professional way the Fire Department handled the Main Street fire and agreed we must keep up with the housing initiatives. Regarding the biomass project, the mayor reiterated he would appreciate being kept in the loop. He concurs with Councilor Poulin’s analogy of the puddle vs. ocean vision. Mayor Bertrand is not ready to sacrifice the future of Berlin for forty jobs. Laidlaw is not right for the future of Berlin.
Councilor McCue moved with a second by Councilor Poulin to accept the Mayor’s report and place it on file. So moved, the motion carried.
11. Adjournment:
There being no further business to come before Council at this time, Councilor McCue moved with a second by Councilor Poulin to adjourn the regular meeting. So moved, the meeting ended at approximately 9:15 p.m.
A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
Berlin City Clerk
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