PUBLIC HEARING – March 17, 2009
Resolution 2009-08: Authorizing a Lease Agreement with the State of NH for the District Court
Resolution 2009-09: Modifying Income Levels for Elderly Exemptions
Mayor Bertrand opened the floor to public comments regarding the duly scheduled and advertised public hearing pending resolutions at approximately 7:39 P.M. Joe Vigue, 67 Wood Street, said the people he spoke with had no problem with the numbers in the elderly exemption resolution. There being no one else wishing to speak for or against the subject matters, Mayor Bertrand closed the public hearing at approximately 7:41 P.M.
REGULAR CITY COUNCIL MEETING - TUESDAY, MARCH 17, 2009
Mayor Bertrand called the regular City Council Meeting to order at approximately 7:42 p.m. in the Council Chambers of City Hall.~ The pledge of allegiance to the flag preceded roll call. Present: Councilors Remillard, Donovan, McCue, Lafleur, Goudreau and Cayer. Councilors Evans and Poulin were absent. Also present: City Manager MacQueen, citizens and the press.
Minutes, Previous Meetings
Councilor Cayer referred to an error in the March 2 Work Session Minutes, Discussion of Letter to Governor, last paragraph where the vote was taken. The minutes now read “In a roll call vote all were in favor with the exception of Councilors Evans and McCue.” It should be amended to now read “Councilors Evans and LAFLEUR.” Councilor Lafleur moved with a second by Councilor Remillard to accept the amended minutes of the 3/2/09 WS; 3/2/09 Regular Meeting and 3/9/09 WS. So moved, the motion carried.
Disbursements:
It was recommended by the Committee on Accounts/Claims that all bills start date 3/05/09 –3/18/2009 total cash disbursement of $1,089,771.56 Draft #1587.~ Councilor Donovan moved with a second by Councilor Remillard to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims.~So moved, the motion carried.
PUBLIC COMMENTS:
Joe Vigue, 67 Wood Street, thanked the Mayor and Council for their work with the ATV trails. He then discussed the Laidlaw information that has been going around. He quoted some of the recent newspaper comments by the Mayor and Council. Mr. Vigue sees the Mayor and Council as being against the project. Many people feel the Council has gone overboard with their objections and they have a brick wall attitude. Mr. Vigue quoted Councilor McCue saying “don’t portray the City as not being business friendly” and thanked him for taking a non-combative way to deal with Laidlaw.
Councilor Donovan defended some comments were speculative and as a United States citizen, he has every right to comment.
Joe countered that as elected officials, Council should be more careful what they say since they have a higher level of responsibility than the guy on the street.
To that, Councilor Donovan emphasized that Council needs a clearinghouse for the information they receive and a process to get that information to the public for both sides. It is difficult to stay on a creditable platform when no other company is spending money to push their agenda. He will continue to make those comments and write those letters.
Joe pointed out that what Councilor Donovan describes is a lobbyist. Joe then said he personally has never taken a dime from Laidlaw or anyone else.
Jonathan Edwards, School Street, has a different experience with people on the street who now stop him and thank him for his letters and encourage him to keep them coming. There is a lot of factual information regarding Laidlaw and there is reason to be concerned. Mr. Edwards spoke to Richard Tessier, owner of Great Northern Moose, who was asked to sign a citizen petition to get Laidlaw here. Mr. Tessier replied that although he is not from an abutting community, he does not support that initiative and would not sign the petition.
Councilor Goudreau affirmed that the local press has been unfair in its coverage regarding the Mayor and Council by misrepresenting what they say about Laidlaw. He hopes the press gets both sides of the story. Councilor Goudreau appreciates Mr. Vigue’s comments. Although they did not previously know each other, he has learned to respect Mr. Vigue who frequently makes him reflect and think before he takes action.
OLD BUSINESS:
1. Council Committee Reports. Safety Committee.
Councilor Donovan gave the report with the following recommendation: To draft an ordinance which creates a 40 ‘ no parking buffer south of HHS all the way to 40’ north of Woodlands Credit Union on the east side of the street only. To also have Council send a letter to the Planning Board requesting that they allow the project to move forward without a traffic study because of the urgency of the project and because there has been quite a bit of work done in the area by the Traffic Safety Committee already.
Councilor McCue as a Ward Two representative, will visit the businesses along the way to talk to them about the proposed ordinance changes. He is concerned that with more parking prohibited, people wanting to stop at Ron’s Variety Store will be more prone to make u-turns to get to the store.
Mayor Bertrand stressed that the additional 20 feet will still leave more than enough parking there.
Councilor Goudreau cautioned that a traffic study might be necessary due to the high volume of traffic in that area. He recommends that number be brought up from forty feet to sixty feet as a safety concern.
Councilor Lafleur attended the Safety Committee Meeting and was told by Deputy Police Chief Valerino that he is in favor of the forty foot buffer.
Councilor McCue is not in favor of a traffic study and is in favor of removing just one parking space by the Credit Union to the north.
Mayor Bertrand reminded everyone that this ordinance is a good start off point for now and can be modified as time goes. He would hate to have the project hung up due to a minor technicality like a traffic study.
Councilor Donovan moved with a second by Councilor Remillard to draft a resolution amending the current ordinance for no parking from the northerly end of the east side corner of Woodlands Credit Union, first driveway south an additional 20’ to expand 40’ and at the curb cut to the Administration Building, southerly end, additional 20’ to expand 40’. So moved, the motion carried.
2. 2009-8 Resolution relating to the District Court Lease with the State Of New Hampshire. (tabled 3/02/09)
Resolved by the City Council of the City of Berlin as Follows:
WHEREAS, the State of New Hampshire is desirous of leasing a portion of the City's building at 220 Main Street for use as a District Court; and
WHEREAS, the City is willing and able to lease a portion of this building to the State for District Court purposes
NOW THEREFORE BE IT RESOLVED that the City of Berlin shall enter into a contract with the State of New Hampshire, acting by and through its City Manager providing for the performance by the City of Berlin of certain services as documented within the foregoing Lease, and that the official listed, City Manager Patrick MacQueen, on behalf of the municipality, is authorized and directed to enter the said lease contract with the State of New Hampshire, and that they are to take any and all such actions that may be deemed necessary, desirable or appropriate in order to execute, seal, acknowledge and deliver any and all documents, agreements and other instruments on behalf of the City of Berlin in order to accomplish the same. Be it further resolved that the signature of the above authorized party of the City of Berlin, when
affixed to any to any instrument or document described in, or contemplated by, this resolution, shall be conclusive evidence of the authority of said party to bind the City of Berlin thereby. This resolution shall be in full force and effect from and after passage.
Councilor Lafleur moved with a second by Councilor Donovan to remove the resolution from the table. So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor Donovan 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 passed.
3. 2009-9 Resolution Authorizing the Board of Assessors to modify the elderly
exemption per RSA 72:27-a (tabled 3/02/09)
Resolved by the City Council of the City of Berlin as Follows:
That the City Council modifies the elderly exemptions from the property tax in the City of Berlin based on assessed value, for qualified taxpayers, to be as follows:
- For a person 65 years of age up to 74 years, $14,000;
- For a person 75 years to age up to 79 years, $21,000;
- For a person 80 years of age or older, $42,000.
To qualify, the person must have been a New Hampshire resident for at least three (3) years, own the real estate individually or jointly, or if the real estate is owned by such person’s spouse, they must have been married for at least five (5) years. In addition, the taxpayer must have a net income of not more than $18,900. or, if married, a combined net income of less than $26,400., including both Social Security and pension income; and own net assets not in excess of $35,000, excluding the value of the person’s residence and the land upon which it is located up to two (2) acres. This resolution shall be in full force and effect from and after passage.
Councilor Donovan moved with a second by Councilor Cayer to remove the resolution from the table. 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 passed.
NEW BUSINESS
4. Resolution 2009-10 Authorizing the BWW to Apply for a Rural Development Loan ($3,000,000) Grant ($1,000,000) (1st read)
Councilor Donovan moved with a second by Councilor Remillard to table the resolution and schedule a public hearing on April 6. So moved, the motion carried.
5. Resolution 2009-11 authorizing an application in the amount of $255,000 to the Federal Aviation Administration and NH Department of Transportation for the purchase of four wheel drive front end loader to be used for snow removal at the Berlin Regional Airport and appropriating such funds to Airport Grant Fund 30 to be used for the purpose of the grant. (1st read)
Councilor Donovan moved with a second by Councilor Lafleur to table the resolution and schedule a public hearing on April 6. So moved, the motion carried.
6. Resolution 2009-12 authorizing the Berlin Police Commission to apply for and accept funds from the New Hampshire Department of Justice for the “Enforcing Underage Drinking Laws Grant” for Fiscal Year 2010. (1st read)
Councilor Donovan moved with a second by Councilor Remillard to table the resolution and schedule a public hearing on April 6. So moved, the motion carried.
7. Resolution 2009-13 authorizing the Berlin Police commission to apply for and accept grant funds form the New Hampshire Fish & Game Department, Law Enforcement Division, for OHRV patrols for Fiscal Year 2010. (1st read)
Councilor Donovan moved with a second by Councilor Goudreau to table the resolution and schedule a public hearing on April 6. So moved, the motion carried.
8. Resolution 2009-14 authorizing the Berlin Police Commission to apply for and receive funds for any and all purposes from the New Hampshire Highway Safety Agency for Highway Safety Project Grants for Fiscal Year 2010. (1st read)
Councilor Donovan moved with a second by Councilor Remillard to table the resolution and schedule a public hearing on April 6. So moved, the motion carried.
9. Resolution 2009-15 authorizing an application for $5,196 to the USDA Rural Development Administration Program for firefighter tools and equipment and authorizing acceptance and appropriating the funds therefore. (1st read)
Councilor Donovan moved with a second by Councilor Goudreau to table the resolution and schedule a public hearing on April 6. So moved, the motion carried.
10. Resolution 2009-16 authorizing an application to the New Hampshire Community Finance Development Authority (NHCDFA) Neighborhood Stabilization Program (NSP) for up to Six Million Dollars ($6,000,000) grant to stabilize neighborhoods affected by high foreclosure rates and sub-prime mortgage related problems. (1st read)
Councilor Goudreau moved with a second by Councilor Donovan to table the resolution and schedule a public hearing on April 6. So moved, the motion carried.
11. Handicap Parking Request for 240 School Street
Members of the Catholic Charismatic Church on 240 School Street are requesting two handicap parking spaces since they have three paraplegics working there.
Councilor Donovan moved with a second by Councilor Goudreau to remand the matter to the Safety Committee for further review. So moved, the motion carried.
12. City Manager’s Report
Demolition Funding. Senator Gregg announced that the President signed the omnibus funding bill which includes $280,000 specifically for demolition and $400,000 for Berlin Water Works funds.
State Budget Hearing. Mayor Bertrand, City Manager and Councilor Evans attended and expressed their concerns.
RT 110 Phase II Public Information Meeting. 3/19/09 6:30 pm at City Hall with the NHDOT.
OHRV Bill. HB 272 passed on the Transportation Committee on a 16-0 vote and goes to the House on Thursday. This bill would allow OHRV access to designated State Highways in Coos County.
Neighborhood Stabilization Funding Presentation. Andre Caron and Pam Laflamme made a presentation to the Community Development Finance Authority and NH Housing Finance Authority they are applying for $4.7M in funding for housing rehab and demolition in Berlin.
Highway Safety Grants. Awarded to the Berlin Police Department for DWI Patrols, Bicycle Enforcement Patrols, SMART Radar Trailer, Red Light Running and Enforcement Patrols.
More State Downshifting Attempts. Welfare Director Angela Martin-Giroux is concerned about budget legislation which would repeal RSA 165:20-c that provides for state reimbursement when cities have been providing welfare support for residents who should have been on a state program but were not due to HHS delays processing applications. The other RSA the state wants to repeal is RSA 167:11 which authorizes the state to pay funeral expenses for deceased state recipients is the estate is insufficient.
Senator Shaheen Meeting in Berlin. Councilors McCue, Evans and the City Manager attended the meeting at the Tri-County Cap Office where Senator Shaheen reviewed her efforts since being elected. Attendees reviewed their concerns regarding federal programs, funding and jobs.
Community Services Director Laura Viger recovering from surgery, preparing for another surgery.
Legislation
HB 351 would reduce the interest rates on delinquent property taxes from the current 12% and then 18% after lien to lower percentages.
HB 590 would increase the retirement age from 45-50 and years of service from 20-25 for Group II Members (Police/Fire) passed by the House.
HB 532 would exclude special duty pay from earnable compensation.
HB 591 would cap the retirement benefit at 100% of base pay.
HB 641 spiking provision for retirement
HB 673 withdrawal of political subdivisions form the NHRS
HB 644 would increase the gas tax over 3 years by 15 cents was approved by the House, going to the House Ways& Means Committee then to another vote of the House before going to the Senate.
Rock Snot Invasion. In addition to milfoil, rock snot has moved to NH from the Connecticut River. NCC making a presenting March 31 at the Monadnock Congregational Church in Colebrook.
Councilor Donovan inquired if the $280,000 had to be filtered through CDBG. The City Manager replied it is a direct appropriation with no red tape and will go directly to the City of Berlin Treasurer.
Councilor Cayer is glad the OHRV bill is moving along. He clarified that the committee will go forward and is not dependent on the passage of this bill.
Councilor McCue asked for the status of the meeting with Senator Gallus and the State Reps?
The City Clerk replied she has both emailed and called Senator Gallus and is waiting for his reply.
Councilor Goudreau recommends that the Water Works also be given the opportunity to bid on the demolition work associated with the $280,000. City Manager MacQueen agrees and will encourage them to bid on the work.
Councilor McCue discussed the 155-B order on Main Street and where we are in that process. City Manager Macqueen explained that it is a lengthy legal process but we are moving along.
Councilor Goudreau is concerned about the Main Street sidewalk being blocked with debris from the fire which is a potential safety hazard. He would like the property owner to take care of removing the debris from the sidewalk area at least.
Councilor Lafleur questioned how far into demolition is the building near the Library? City Manager MacQueen said it is on track and is half way done at this point.
Councilor McCue moved with a second by Councilor Lafleur to accept the City Manager’s report and place it on file. So moved, the motion carried.
13. PUBLIC COMMENTS:
Jon Edwards, School Street, told the Council he introduced himself to Max, Aver’s Regional Economic Development Director. Mr. Edwards brought a three ring binder with information about wood studies, etc. and found Max to be very defensive and unwilling to even open the binder. Mr. Edwards was concerned when Max commented “we have to invite anyone in this town even if it means the Mafia.” Mr. Edwards is worried that Max’s ideas may be detrimental to the City and suggests that the Mayor and Council might want to meet with Max themselves.
Mayor Bertrand understands that Max is funded through the NCIC but would like to know what the source of that funding is and he also would like to see a copy of that budget. That subject will be on an upcoming agenda.
14. Council Comments:
Councilor Donovan was disturbed to know about a letter that was sent from the Coos County Commissioners to the Coos County Delegation contradicting the position of the Mayor and Council without any type of meeting or communication. Councilor Donovan asked for a copy of the minutes of the meeting authorizing the County Commissioners to send the letters. No such minutes exist. He went on to say that the press is doing a disservice to the Mayor and Council by only portraying one side of the Laidlaw story. Councilor Donovan drafted a letter to be mailed to Congressman Paul Hodes and Governor Lynch apologizing for the County Commissioners March 10 letter regarding Laidlaw that was sent without the consent of Berlin’s Mayor and City Council.
Councilor McCue attended the NHMA Meeting where they discussed the retirement sentiment to offset increases to employers. Gambling was also a hot topic and is now tabled. Representative Peterson, a sponsor of HB 426 the Homestead Act, has an email address if anyone wants to contact him. This bill would benefit the City of Berlin according to Councilor McCue. He went on to note that he appreciates the activity report sent by Norm Charest and looks forward to his proposal.
15. Mayor’s Report
Mayor Bertrand attended the Governor’s Budget Meeting in Whitefield on Monday. He spoke on behalf of the City and implored the Finance Committee not to cut the budget. Many different groups such as Health Care Providers, Social Services, etc shared that same strong sentiment.
Councilor McCue moved with a second by Councilor Donovan to accept the Mayor’s oral report and place it on file. So moved, the motion carried.
16. Adjournment: There being no further business to come before Council at this time, Councilor McCue moved to go into non-public session per RSA 91-A:3II(d) Consideration of the acquisition, sale, or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community. Councilor Lafleur seconded and the motion carried unanimously by roll call. Mayor Bertrand declared the Regular Meeting adjourned at approximately 9:29 p.m.
A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
Berlin City Clerk
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