City of Berlin, NH - City Council Minutes 02/16/2009 Regular Meeting

City Council Minutes 02/16/2009 Regular Meeting

Public Hearing – February 16, 2009

-Ordinance 2009-02 Truck Routes

-Resolution 2009-05 Appropriating $189,972.00 School Grants

-Resolution 2009-06 Accepting Additional Grant Funds in the Amount of $12,199.05 from RCDI

Mayor Bertrand opened the public hearing at approximately 7:33 pm for public comments. There being no one wishing to speak for or against the subject matter at this time, Mayor Bertrand declared the public hearing closed at approximately 7:35 p.m.

REGULAR CITY COUNCIL MEETING - MONDAY, FEBRUARY 16, 2009

Mayor Bertrand called the regular City Council Meeting to order at approximately 7:35 p.m. in the Council Chambers of City Hall.u>. No reports.

2. Ordinance 2009-02 amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article II. Specific Street Regulations, Section 15-37. Truck Routes (tabled 2/02/09)

Be it ordained by the City Council of the City of Berlin as follows: That Sec. 15-37 restated below is hereby amended to add and delete as so stated:

Sec. 15-37. Truck routes. All commercial truck traffic shall use the designated truck routes or other temporary detour routes designated by the police department. Any commercial truck, required to make a delivery or pick up in the adjoining residential neighborhoods to the truck route, is hereby exempted from this truck route solely for the purposes of pick up or delivery.

Trucks which are single axle, tandem axle, tandem axle single body, and combinations with semi trailers and all trucks having a minimum gross vehicle weight of 18,000 pounds or greater as per RSA 434:1 et seq. are to use the following truck routes:

(1) East bound traffic on Route 110 shall utilize Madigan Street to Second Avenue to Green Street to Pleasant Street (Route 16) if they are headed southerly and to the Cleveland Bridge if they are headed northerly;

(2) Westerly bound traffic coming north on Route 16 shall utilize Glen Avenue to Green Street to Second Avenue to Madigan Street to Wight Street and Route 110 West;

(3) Westerly bound traffic coming south on Route 16 shall use the Twelfth Street Bridge to Hutchins Street to Coos Street to Unity Street and the Cleveland Bridge to Route 16 North (Glen Ave.) to Green Street to Second Avenue to Madigan Street to Wight Street and Route 110 west;

(4) North bound truck traffic on Route 16 shall use the James C. Cleveland Bridge to Unity Street to Coos Street to Hutchins Street to the 12th Street Bridge to Route 16 north;

(5) South bound truck traffic on Route 16 shall use the Twelfth Street Bridge to Hutchins Street to Coos Street to Unity Street and the Cleveland Bridge to Route 16 South.

(6) All emergency trucks, municipal or government, as well as trucks conducting business on the restricted portions of Mt. Forist Street and Third Avenue shall be exempted from this section.

(7) Any truck in violation of this section shall be fined not less than one hundred dollars ($100.00) for each and every offense without any suspension of the fine or part thereof. It shall be prima facie evidence of a violation if any truck described above is found to be on Mt. Forist Street between First Avenue and Third Avenue and on Third Avenue from Madigan to Mt. Forist Street. (Ord. No. 1986-1, 1-20-86; Ord. of 4-4-88; Ord. of 1-16-89) This Ordinance shall be in full force and effect from and after passage.

- Councilor Lafleur moved with a second by Councilor Evans to remove the ordinance from the table at this time. So moved, the motion carried.

- Councilor Lafleur moved with a second by Councilor Evans to have the ordinance read a second time by title only. So moved, the motion carried.

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

NEW BUSINESS

3. Resolution 2009-05 amending the 2008-09 budget by revising Fund 10, School Department Federal Programs and appropriating additional grant funds to reflect the changes in the following table. (tabled 2/02/09) Resolved by the City Council of the City of Berlin as follows:

GRANT NAME	ESTIMATED	08-09 UPDATED	DIFFERENCE
Cote Donation	$0.0	$39,809	$39,809
Reading First	$250,000	$227,039	$(22,961)
EMSS	$0.0	$1,000.	$1,000
RLIS	$55,629	$88,475	$32,846
Social Studies Grant	$4,800	$4,800	$0.0
AV Roy Grant	$8,944	$44,825	$35,881
Brown Sini Planning	$0.0	$3,176	$3,176
Brown Sini Title I	$0.0	$19,860	$19,860
Hillside Sini Planning	$0.0	$3,212	$3,212
Hillside Sini Title I	$0.0	$19,989	$19,989
Focused Monitoring	$0.0	$9,354	$9,354
Project Lead the Way	$0.0	$50,000	$50,000
Performance Pathways	$0.0	$11,963	$11,963
E2T2 Mini	$54,200	$98,904	$44,704
NHEON	$18,748	$0.0	$(18,748)
Math/Science in NC	$74,225	$37,525	$(36,700)
Math/Science Lecsn	$134,430	$15,908	$(118,522)
21st Century	$273,967	$232,088	$(41,879)
Title I	$703,566	$781,140	$77,574
Perkins	$89,058	$76,234	$(12,824)
Driver Education	$12,450	$12,450	$0.0
Title V	$2,094	$0.0	$(2,094)
Nat'l Forest Reserve	$16,447	$12,608	$(3,839)
IDEA	$341,560	$355,151	$13,591
Preschool	$11,970	$11,970	$0.0
Title IV Safe & Drug Free	$14,149	$18,692	$4,543
E2T2	$150,000	$0.0	$(150,000)
Title II Class Size Reduction	$145,433	$174,139	$28,706
Science Grant	$15,811	$0.0	$(15,811)
Alcohol Abuse Reduction	$0.0	$217,142	$217,142
Total	$2,377,481	$2,567,453	$189,972

This resolution shall be in full force and effect from and after passage.

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

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

- Councilor Evans 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.

4. Resolution 2009-06 accepting the sum of Twelve Thousand, One Hundred Ninety-Nine Dollars and Five Cents ($12,199.05) from the Rural Community Development Initiative (RCDI ) and appropriating such funds to the IT Infrastructure Account (01-425-460-0000) for the purpose of integrating multiple data sources and standardizing the City’s data platform for the day to day use of such data. (tabled 2/02/09) Resolved by the City Council of the City of Berlin as follows:

- Whereas, the City of Berlin Housing Coordinator in executing the original RCDI Grant recognized deficiencies in the data management, delivery and hardware platform and documented his findings in quarterly reports to the Grantors; and

- Whereas the City of Berlin allocated $30,000.00 in its Fiscal 2009 Capital Improvement Budget to begin upgrading the City’s IT hardware platform; and

- Whereas, additional funds became available from RCDI and it was found that the fund allocated in the City’s CIP budget for IT could be used as match to obtain an additional $12,199.05 for IT improvements. NOW THEREFORE, BE IT RESOLVED That the City Council of the City of Berlin accepts additional grant monies in the amount of Twelve Thousand, One Hundred Ninety-Nine Dollars and Five Cents ($12,199.05) from the Rural Community Development Initiative (RCDI) Grant and appropriates these funds to the IT Infrastructure Account (01-425-460-0000) for the purpose of integrating multiple data sources and standardizing the City’s data platform. Be it further resolved, that the City Manager is authorized to do all things necessary to effectuate the grant. This Resolution shall be in full force and effect from and after passage.

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

- Councilor Remillard moved with a second by Councilor Poulin to read the resolution a second time by title only. So moved, the motion carried.

- Councilor Remillard moved with a second by Councilor Poulin to pass the resolution at this time. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution now passed.

5. Resolution 2009-07 relating to transferring funds from a number of capital and segregated fund accounts in the current year FY’09 General Fund and Sewer Fund budget to new capital accounts with a different purpose. (1^st read – rules suspended) Resolved by the City Council of the City of Berlin as follows:

- WHEREAS, it has become fairly certain that there will be significant so-called "stimulus" funds made available to the State of New Hampshire and its municipalities, though the amounts and uses have yet to be finalized; and

- WHEREAS, it is clear that for any level of government to be eligible for such project funding, projects have to be engineered and ready to go; and

- WHEREAS, there is no guarantee that such projects will be eligible for or receive any funding under the federal program; and

- WHEREAS, the City of Berlin, due to budget constraints, has not been allocating adequate funds to maintain and improve its extensive infrastructure; and

- WHEREAS, this federal stimulus program may provide an opportunity for the City of Berlin to obtain significant funding for such municipal infrastructure projects if such projects are engineered to the point where they are "shovel ready" or ready to be put out to bid; and

- WHEREAS, in order to fund such engineering, it is necessary to transfer funds which have been allocated to various other projects in the current year budget and re-allocate them in the aggregate to carry out the engineering on the projects selected to be engineered to a "shovel- ready" condition, and

- WHEREAS, H. E. Bergeron, Inc. (HEB) has been selected in a competitive process to carry out the engineering for these projects. NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Berlin hereby transfer and re-allocate funds from the following segregated fund and capital accounts in the aggregate to the following new capital engineering accounts in the current FY09 City Budget in order that the City can proceed with the immediate engineering of up to six capital projects in accordance with the table below. Further, that the City Manager is hereby authorized to enter into the attached engineering agreement with HEB to carry out the engineering work for these projects:

Fund

Type

Line Item

Current Purpose

Amount

Type

New Line Item

New Purpose

Amount

CIP

01-480-913-0003

Retaining Wall Repair

15,000.00

CIP

01-480-913-0010

12th Street Bridge Engineering

59,811.00

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CIP

01-480-913-0004

Street Rehabilitation

Retaining Wall

77,322.58

CIP

01-480-913-0012

Bridge Street Bridge Engineering

59,704.00

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Repair

10,653.57

CIP

01-480-913-0013

Hillside Street Bridge Engineering

64,897.00

xt-align:left;">CIP

01-480-913-0014

Hutchins Street Rehabilitation

69,253.00

84,688.00

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CIP

60-480-438-0000

Storm Drain Replacement

13,030.09

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60-495-995-0103

Cost Replacement

23,835.00

"+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">WWTP Upgrade Phase II

21,323.09

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60-480-438-0012

Rt. 110 Sewer Ext. Engineering

252,707.40

r:#000000;"> 591,060.40

ord to discuss state budget.

- Administration Model for Commercial/Industrial Property Tax Exemption Ordinance. Berlin is the only municipality to adopt provisions of HB1651 which allows for property tax exemptions for new commercial and industrial construction.

- Route 110 Phase II Meeting. Public meeting, February 19 at City Hall. All are encouraged to attend.

- DES Stimulus Funding Meeting. January 26 City Manager met with Roland Viens and Jay Poulin of HEB.

- Master Plan Economic Development Meeting. Held February 11 at NH Community College to review the draft Economic Development Chapter of the Master Plan for public input.

- North Country Animal Rescue. Met February 5 to explore working with the city to locate an animal rescue facility.

- ATV meeting and Snowmobile Tour. February 20 at City Hall with Chris Gamache. Ray Burton snowmobile tour February 25 in Jefferson.

- BEMS Annual Report. Financial Statement also available at the City Manager’s Office.

- Legislative Matters. HB 631 introduces binding arbitration of interest disputes in collective bargaining will be heard February 19 at 1:00 pm in the LOB.

- NHPR Story Corps. Will be in Berlin June 2009 to obtain North Country local color stories for the radio and will be stored in the National Archives.

Mayor Bertrand suggested that Council might want to consider changing the March 9 Work Session date since it is important to attend the State Budget Meeting in Whitefield. They Mayor also stated he plant to attend the snowmobile ride in with Ray Burton on the 25^th to support Chris Gamache.

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

7. PUBLIC COMMENTS: No public comments

8. Council Comments: No Council Comments

9. Mayor’s Report

- AVRRDD Appointment. Mayor Bertrand will defer making appointments until the next regular meeting.

- Mayor Bertrand thanked Al Tardif for his comments regarding the prison. He had the same feelings and agrees Al had valid points. The Mayor encouraged the Council to solicit their constituents and to consider strongly to attend the March 9 Whitefield meeting and to reschedule next weeks Council meeting.

Councilor Lafleur moved with a second by Councilor Poulin to accept the Mayor’s oral report and place it on file. So moved, the motion carried.

10. Adjournment:

There being no further business to come before Council at this time, Councilor Remillard moved with a second by Councilor Poulin to go into non-public session per RSA 91-A:3, II (d) Land Matters. Roll call vote resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the Regular Meeting adjourned at approximately 8:15 p.m.

A TRUE RECORD, ATTEST:

Debra A. Patrick, CMC

Berlin City Clerk