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City Council Minutes 04/06/2009 Regular Meeting
PUBLIC HEARING – April 6, 2009

- Resolution 2009-10 Authorizing the BWW to Apply for a Rural Development Loan ($3,000,000) Grant ($1,000,000)
- Resolution 2009-11 Authorizing an Application to the FAA and NHDOT for a $255,000. Grant for the Airport’s Acquisition of a 4x4 Loader
- Resolution 2009-12 Authorizing an Application to the Department of Justice for the Enforcing Underage Drinking Laws Grant for Fiscal Year 2010
- Resolution 2009-13 Authorizing an Application to the NH Fish & Game Department, Law Enforcement Division, for Funding OHRV Patrols
- Resolution 2009-14 Authorizing an Application to the NH Highway Safety Agency for Highway Safety Project Grants
- Resolution 2009-15 Authorizing an Application to the Rural Development Administration for $5,196 for Firefighter Tool and Equipment

PUBLIC HEARING -  April 6, 2009
Neighborhood Stabilization Program Public Hearing - Resolution 2009-16 Authorizing an Application to the Neighborhood Stabilization Fund for up to $6,000,000. City of Berlin

Mayor Bertrand opened the duly advertised and scheduled public hearing and called to order at approximately 7:32 pm. to accept public comments.

Andre F Caron, Housing Coordinator for the City of Berlin presented the following:

The City of Berlin is one of 5 Tier 1 communities eligible for Neighborhood Stabilization Funds authorized under Title III of the Housing and Recovery Act of 2008 (HERA) HUD’s Neighborhood Stabilization Program (NSP). The other communities are; Derry, Manchester, Nashua and Rochester.

These NSP funds provide emergency assistance to state and local governments to acquire and redevelop foreclosed properties that might otherwise become sources of abandonment and blight within their communities. NSP funds are a special appropriation of Community Development Block Grant (CDBG) fund and are targeted to households with incomes at or below 120% of the area median income (AMI), with a portion of the funds targeted to households with incomes at or below 50% AMI. As the grantee for the state of New Hampshire, the New Hampshire Community Development Finance Authority (CDFA) will receive $19.6 Million from the total $3.92 Billion appropriation. The NSP Action Plan describes how CDFA will administer the state’s NSP allocation. From the date that HUD approves CDFA’s NSP Action Plan, CDFA has 18 months to obligate the funds and four years for awardees to expend their initial allocations.

Under Resolution No. 2009-16, the City, in partnership with New England Family Housing and AHEAD (Affordable Home Education and Development),  seeks authorization to tend an application to the New Hampshire Community Finance Development Authority (NHCDFA) - Neighborhood Stabilization Program (NSP) for a grant amount up to Six Million Dollars ($6,000,000.00) to stabilize the neighborhoods known as Notre Dame, Lower East Side and the Granite/Main Street areas affected by high foreclosure rates and sub-prime mortgage-related problems.

These funds will be used in 3 different ways within the targeted neighborhoods;
  • Demolish abandoned, blighted or non-habitated and non-habitable buildings that are beyond their economical life span were they to be brought up to NSP requirements.
  • Acquire and rehabilitate foreclosed or empty buildings to the standards required by the NSP Program and rent them to occupants who make less then 50% AMI in some cases and other who make up to 120% of AMI in others.
  • In partnership with AHEAD provide ownership training for new home buyers and provide “soft second mortgages” up to $20,000 for individuals and families who will purchase single and multi-family buildings within these target areas.
Andre then asked for public comment on the application. There was no public comment.   
In addition, under Resolution No. 2009-16, we request that the Mayor and Council review reaffirm and readopt the City’s Housing and Community Development Plan.  The City’s Housing and Community Development plan in addition to continued development, has as a policy that the involuntary displacement of households from their neighborhoods shall be minimized with numerous short and long term goals related to housing and neighborhood development.

Andre then asked for public comment on the Housing and Community Development plan.  There was no public comment.  We also request that the Mayor and Council review reaffirm and readopt the Residential Antidisplacement and Relocation Plan. We do not anticipate any displacement as a result of this project but should the need arise; the City will comply with the Residential AntiDisplacement and Relocation Assistance Plan.  The planned rehabilitation will be accomplished without the need to relocate residents.

Andre then asked for public comment on the Antidisplacement plan.  There was no public comment.  Both the City’s Housing and Community Development Plan and Residential AntiDisplacement and Relocation Assistance Plan are available for public review and are on file at the City Clerk’s Office.

There being no one else wishing to speak for or against the subject matters, Mayor Bertrand closed the public hearing at approximately 7:39 p.m.   The Work Session was resumed at this time.

REGULAR CITY COUNCIL MEETING – APRIL 6, 2009
Mayor Bertrand called the regular City Council Meeting to order at approximately 7:59 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, Evans, Goudreau, Cayer and Poulin.  Also present: City Manager MacQueen, citizens and the press.

Minutes, Previous Meetings   
Councilor Lafleur moved with a second by Councilor McCue to accept the minutes of the 3/17/09 WS; 3/17/09 Regular Meeting and 3/23/09 and 3/30/09 WS.  So moved, the motion carried.

Disbursements:
It was recommended by the Committee on Accounts/Claims that all bills start date 3/19/09 –4/08/2009 total cash disbursement of $2,279,510.84 Draft #1588.~ Councilor Goudreau moved with a second by Councilor Poulin to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims.~So moved, the motion carried.

PUBLIC COMMENTS:  
- Kathy McKenna, 138 Denmark Street, from Tri-County Community Action apologized to the Mayor and Council for missing the outside agency budget session.  No disrespect was meant by not showing up on the scheduled date which was due to a missed email.
- Beverly Raymond from Tri-County Cap Transportation Services gave a brief overview of the services rendered.  She added that her department is a major part of economic development also.
- Leila Villeneuve from Tri-County Cap Senior Meals Program delineated how many individuals receive meals both at the site and home deliveries.  Their site also provides a safe haven for seniors.
- Cindy Baillargeon, Tri- County Cap Outreach Program, has diverse responsibilities. They offer assistance with fuel, electricity, rent and food.  They also run the food pantry and work in conjunction with our local Welfare Director and Saint Vincent de Paul as well.  She thanked the Mayor and Council for the support last year.
- Tammy Hartley, Tri-County Cap Director of the Youth Alternatives Program emphasized how the program saved valuable court time and dollars through their Court Diversion Program which keeps first time offenders out of the traditional court process.  It is a city-wide program that serves over 80 families.  The program also directs the Teen Center that gives teens a safe place to go after school. Ms. Hartley asked the Mayor and Council to please support them in the future as well.

Carol Delisle, 698 Trudel Street, a Nurse at the Department of Corrections is concerned about the safety of the facility due to the Governor’s proposed Ten Million Dollar budget cut.  She stressed the large impact this would have on our community since once an inmate is released, they will not be given any money to leave on a bus.  Ms. Delisle fears that the released inmates will remain in the community without a way to leave and they will not be offered any rehabilitation due to lack of funds.  She urged the Mayor and Council to contact the State House Committee and let them know that this is not what the City of Berlin intended for the Correctional Facility.

Councilor Remillard thanked Ms. Delisle for her comments and related that she recently spoke to Ray Burton and Senator Gallus with the same concerns.  Not only is safety a problem but there also may be a lack of jobs.  She encouraged everyone to call their State Reps to let them know how we feel.

Councilor Donovan left the meeting at approximately 8:25 p.m.   
    
OLD BUSINESS:

1.      Council Committee Reports.  No Reports

2.      Resolution 2009-10 authorizing and providing for the incurrence of indebtedness for the purpose of providing a portion of the cost of acquiring, constructing, enlarging, improving, and/or extending its water system improvements facility to serve an area lawfully within its jurisdiction to serve.  (tabled 3/17/09)   Resolved by the City Council of the City of Berlin as Follows:

-  WHEREAS, it is necessary for the City of Berlin (herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of up to Three Million Dollars ($3,000,000.00) pursuant to the provisions of New Hampshire Statutes Annotated: and
- WHEREAS, the Association intends to obtain assistance from the United States Department of Agriculture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) In the planning, financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the Association:  NOW THEREFORE, in consideration of the premises the Association hereby resolves:
  • The City Council for the City of Berlin (the “City”) hereby appropriates the sum of up to $4,000,000 for a water infrastructure project including, among other things, certain unlined 6-inch cast iron water main replacements and improvements (the “Project”); Up To $3,000,000 of such sum to be raised through the issuance by the City of $3,000,000 of its bonds or notes under and pursuant to the terms of the Municipal Finance Act, RSA 33, as amended (the “Bonds”), such Bonds to be sold to the United States Department of Agriculture, Rural Development or as otherwise determined to be in the best interests of the City by its Mayor, City Manager and Treasurer; the proceeds of the Bonds to be used, among other things, to pay off the outstanding principal amount of funds loaned to the City by the State Revolving Loan Fund.  The remaining at least $1,000,000 of the aforesaid appropriation to be in the form of a grant from Rural Development in accordance with the terms of the Letter of conditions; the Mayor, the City Manager and Treasurer being hereby authorized to sign all documents and to take such other steps as are necessary to effectuate the intent of the foregoing:  and all actions heretofore taken consistent with the foregoing; and all actions heretofore taken consistent with the foregoing hereby being ratified and confirmed.
  • To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983 (c) ).
  • To provide for, execute, and comply with Form RD 400-4, “Assurance Agreement,” and Form RD 400-1, “Equal Opportunity Agreement,” including and “Equal Opportunity Clause,” which clause is to be incorporated in, or attached as a rider to, each construction contract and subcontract involving in excess of $10,000.
  • To indemnify the government for any payments made or losses suffered by the Government on behalf of the Association.  Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legally permissible source.
  • That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan, the Government at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and payable, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other legally permissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession  of the facility, repair, maintain, and operate or rent it.  Default under the provisions of this resolution or any instrument incident to the making or insuring of the loan may be construed by the Government to constitute default under any other held by the Government and executed or assumed by the Association, and default under any such instrument may be construed by the Government to constitute default.
  • Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others to do so, without the prior written consent of the Government.
  • Not to decease the bonds, or to borrow money, enter into any contractor agreement, or otherwise incur any liabilities for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds.
  • To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government.  Funds may be deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed by the full faith and credit of the United States.  Any income from these accounts will be considered as revenues of the system.
  • To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition.
  • To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenances, and the establishment of adequate reserves.  Revenue accumulated over and above that needed to pay operating and maintenance, debt service and reserves may only be retained or used to make prepayments on the loan.  Revenue cannot be used to pay any expenses which are not directly incurred for the facility financed by USDA.  No free service or use of facility will be permitted.
  • To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government.
  • To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit without its request, and to forward to the Government such additional information and reports as it may from time to time require.
  • To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan.
  • That if the Government requires that a reserve account be established, disbursements from that account(s) may be used when necessary for payments due on the bond if sufficient funds are not otherwise available and prior approval of the Government is obtained.  Also, with the prior written approval of the Government, funds may be withdrawn and used for such things as emergency maintenance, extensions to facilities, and replacement of short lived assets.
  • To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain USDA’s concurrence prior to refusing new or adequate services to such persons.  Upon failure to provide services which are feasible and legal, such person shall have a direct right of action against the Association or public body.
  • To comply with the measures identified in the Government’s environmental impact analysis of this facility for the purpose of avoiding or reducing the adverse environmental impacts of the facility’s construction or operation.
  • To accept a grant in an amount To Be At Least One Million, Dollars ($1,000,000.00) under the terms offered by the Government; that the City Manager of the Association is hereby authorized and empowered to take all actions necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and to operate the facility under the terms offered in said grant agreement(s). The provisions hereof and the provisions of all instruments incidents to the making or the insuring of the loan, unless otherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long as the bonds are held or insured by the government or assignee.  The provisions of sections 6 through 17 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Government or assignee. This resolution shall be in full force and effect from and after passage.
Councilor McCue moved with a second by Councilor Evans to remove the resolution from the table.  So moved, the motion carried.
Councilor Goudreau moved with a second by Councilor McCue to have the resolution read a second time by title only.  So moved, the motion carried.
Councilor Evans moved with a second by Councilor Remillard to pass the resolution.  Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution passed.

3.      Resolution 2009-11 authorizing an application in the amount of $255,000.00 to the Federal Aviation Administration through the NH Department of Transportation for the purchase of a 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 65-395 to be used for the purpose of the grant.  (tabled 3/17/09)   Resolved by the City Council of the City of Berlin as Follows:
  • Whereas, funding for snow removal equipment for the Berlin Regional Airport is available through the Federal Aviation Administration administered through the NH Department of Transportation; and
  • Whereas, the new equipment will replace and 1962 grader that is at the end of its useful life; and
  • Whereas, the purchase of a four wheel drive front end loader is in line with the Berlin Airport Authority's capital improvement plan; and
  • Whereas, the Federal Aviation Administration (FAA) funds 95%; the NH Department of Transportation funds 2.5%; and
  • Whereas, the Berlin Regional Airport was successful in obtaining $6,269.00 from the Neil and Louise Tillotson Fund of the NH Charitable Foundation to be used as a portion of its contribution to the project.  Now Therefore Be it Resolved by the City Council of the City of Berlin as Follows:  That the Berlin Airport Authority hereby authorizes an application for a grant from the FAA and NHDOT in the amount of $255,000.00 for the purchase of a four wheel drive front end loader to be used for snow removal at the Berlin Regional Airport and upon receipt these funds are hereby appropriated to Airport Grant Fund 65-395 for use by the Berlin Airport Authority for the purpose of the grant.  Be it further resolved that the Chair of the Berlin Airport Authority, David Bertrand, 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 McCue moved with a second by Councilor Evans to remove the resolution from the table.  So moved, the motion carried.
Councilor McCue moved with a second by Councilor Goudreau to amend the resolution by replacing the words Airport Grant fund 30 with Airport Grant Fund 65-395 in the first paragraph and the last paragraph and to have the amended resolution read in its entirety.  So moved, the motion carried.
Councilor McCue moved with a second by Councilor Goudreau to pass the resolution, as amended. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution, as amended, now passed.

4.      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    (tabled 3/17/09)    Resolved by the City Council of the City of Berlin as Follows:
  • WHEREAS juvenile possession of alcohol is a problem in Berlin; and
  • WHEREAS Berlin encompasses 60 miles of paved roads, 11 parks and playgrounds, a large recreational lake, and well over 30 miles of dirt roads on its outskirts, and it is not uncommon to find gatherings of up to 40 youths attending outdoor parties; and
  • WHEREAS one of the Berlin Police Department’s objectives is to lessen the youth and alcohol problem, and one of the most effective means of accomplishing this goal is through dedicated enforcement and education; and
  • WHEREAS due to limited resources, the Police Department has become a reactive rather than proactive department, and effectual patrol of such a vast area has become increasingly difficult; and
  • WHEREAS funds are available from the NH Department of Justice for dedicated patrols for the period of July 1, 2009, through June 30, 2010, to enforce underage drinking laws and to educate juveniles through classroom sessions about the laws relating to underage drinking and its effects.  Now therefore be it resolved by the City Council of the City of Berlin, NH, that the Police Commission is hereby authorized to apply for and accept funds from the Department of Justice for the purpose of effectuating said Enforcing Underage Drinking Laws 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. 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 passed.

5.      Resolution 2009-13 authorizing the Berlin Police Commission to apply for and accept grant funds from the New Hampshire Fish & Game Department, Law Enforcement Division, for OHRV patrols for Fiscal Year 2010   (tabled 3/17/09)    Resolved by the City Council of the City of Berlin as Follows:
  • WHEREAS Berlin is the gateway to the Great North Woods where many NH and out-of-state residents come to enjoy outdoor activities such as OHRV riding; and
  • WHEREAS Berlin has designated trails which access local establishments, and more trails will be added through the development of the OHRV park; and
  • WHEREAS young people often use these trails for illegal drinking; and
  • WHEREAS an increased number of people operate OHRVs on City streets to gain access to designated and/or unauthorized trails; and
  • WHEREAS an OHRV operator violating the law is virtually impossible to follow and apprehend with a cruiser; and
  • WHEREAS the Berlin Police Department possesses OHRVs, and officers are certified in the use of these vehicles.  Whereas, House Bill 1273 allows for the NH Fish & Game Department to contract with local law enforcement for OHRV details.  Now therefore be it resolved by the City Council of the City of Berlin, NH, that the Berlin Police Commission is hereby authorized to apply for and accept funds for OHRV law enforcement patrol details for Fiscal Year 2010.  This Resolution shall be in full force and effect from and after passage.
Councilor Goudreau moved with a second by Councilor Lafleur to remove the resolution from the table.  So moved, the motion carried.
Councilor Goudreau moved with a second by Councilor Lafleur 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 passed.

6.      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. (tabled 3/17/09)  Resolved by the City Council of the City of Berlin as Follows:
  • WHEREAS voluntary compliance of bicycle, scooter, and skateboard laws is a problem in Berlin, particularly in the downtown area; and
  • WHEREAS possession of alcohol and DWI offenses are problems in Berlin, with more than 50 individuals arrested per year; and
  • WHEREAS traffic light avoidance is a problem which creates unnecessary risk for pedestrian traffic, and designated patrols are needed for enforcement; and
  • WHEREAS the New Hampshire primary child passenger safety law requires that all children up to the age of four be restrained and properly secured in an approved child passenger safety seat, and everyone up to the age of 18 use a seat belt;  and
  • WHEREAS information is available to teach young, inexperienced drivers specific educational experiences that focus on the behavior of vehicles, their limits of operation, and the effectiveness of seat belt use in the operation and occupancy of a motor vehicle, as they do not realize the limitations of vehicles or the harmful impact that alcohol may have on their ability to safely operate a vehicle;
  • WHEREAS the NH Highway Safety Agency funds local projects to promote such enforcement and education.  Now therefore be it resolved by the City Council of the City of Berlin, NH, that the Berlin Police Commission is hereby authorized to apply for and receive funds for Highway Safety Project Grants.  Said funds granted to the City of Berlin will be used for the purpose of meeting the expenses directly included in the purposes of the grants.
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.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor McCue to have the resolution read a second time by title only.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Poulin to pass the resolution.  Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution passed.

7.      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    (tabled 3/17/09)     Resolved by the City Council of the City of Berlin as Follows:
- Whereas, there are Federal funds available for firefighter equipment; and
- Whereas, the Berlin Fire Department seeks to replace six self contained breathing apparatus cylinders; four hundred feet of fire attack hose and 400 feet of four inch supply line as well as updating code manuals and life safety code books; and
- Whereas, the City would be responsible for matching funds of $4,251.00 for a total project cost of $9,447.00
- Whereas, all grant proceeds shall be deposited with the City Treasurer for appropriation by the City Council and any additional use of these 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 apply for and accept a grant in the amount of $5,196.00 for the USDA Rural Development Administration Program for firefighter tools and equipment; and that such funds, if received are hereby appropriated for use by the Fire Department as specified in this resolution.  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 Goudreau moved with a second by Councilor Poulin to remove the resolution from the table.  So moved, the motion carried.
Councilor Goudreau moved with a second by Councilor Poulin to have the resolution read a second time by title only.  So moved, the motion carried.
Councilor Goudreau moved with a second by Councilor Poulin to pass the resolution.  Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution passed.

8.      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.  (tabled 3/17/09 read)    Resolved by the City Council of the City of Berlin as Follows:
- Whereas, the City of Berlin is considered by the CDFA as a Tier 1 community having some of the highest concentrations and volume of foreclosures and sub-prime mortgages and the highest risk factors for future foreclosures; and
- Whereas, the City of Berlin has three neighborhoods that meet the criteria set forth in the NSP; and
- Whereas, the City of Berlin will partner with AHEAD Inc. (Affordable Home Education and Development) of Littleton, NH and New England Family Housing, LLC of New Hampton, NH to manage portions of the grant, complete renovations on some properties and provide new home buyers with the education needed to manage a home; and
- Whereas, this grant will allow the City to complete demolition of blighted properties, de-densify neighborhoods, provide infill housing and create green space; and  
- 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 re-adopts its Housing and Community Development Plan, re-adopts its Residential Antidisplacement and Relocation Plan and that the City Manager is authorized to sign and submit a Neighborhood Stabilization Program Grant application for up to Six Million ($6,000,000.00) 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 Poulin to remove the resolution from the table at this time.  So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor Poulin to have the resolution read a second time by title only.  So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor Poulin to pass the resolution.  Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution passed.

NEW BUSINESS

9.      Ordinance 2009-3 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.   (1st read)
Councilor Goudreau moved with a second by Councilor Poulin to table the ordinance and schedule a public hearing on April 20, 2009.  So moved, the motion carried.

10.     Communication from Fleury-Patry Funeral Home Requesting No Parking in Front of Funeral Cones.
Councilor Lafleur moved with a second by Councilor McCue to place the communication on file and to refer the matter to the Safety Committee for further review.  So moved, the motion carried.

11.     City Manager’s Report
Neighborhood Stabilization and Gov's Tour of Berlin
Because of the Neighborhood Stabilization Competition in which Berlin is one of five communities state-wide in the competition to receive first-tier funding under the Neighborhood Stabilization Act, Governor Lynch visited Berlin last Thursday to tour the some of the neighborhoods that we have targeted for the program. Housing Coordinator Andre Caron was the tour guided and reviewed with the Governor the work that we plan to accomplish in these neighborhoods. Mayor Bertrand and Councilor McCue attended the tour also.
Berlin Falls Realty Transfer
The deed transferring the parcel of land north of the Fraser Administration Building from Berlin Falls Realty to the City was passed last Tuesday. This is part of the development which would allow HHS to be housed in the new building which will replace the Fraser Administration building. Attached are the letters received from the State of NH assuring both that the State will not look to the City as Potentially Responsible Party (PRP) and that no further contamination has occurred while the property has been under the ownership of Berlin Falls Realty.

Stimulus Funding Meetings
On Friday I attended another NH DES meeting in Concord on stimulus funding. The purpose of the meeting was to review where they were in the process for the distribution of the funding coming through DES and to take comments on the draft eligibility listing they have put together to date. Written comments on the draft scoring or ranking list need to be in by April 10th. We will be submitting written comments.

There is another stimulus funding Informational Meeting which is going to be put on by the NH Office of Economic Stimulus (OES) which is going to be held tomorrow at UNH. OES will talk about how the American Recovery and Investment Act (ARRA) will affect municipalities, schools, businesses and non-profits. Maura Carroll of NHMA will be presenting information relating to municipalities. This meeting will be streamed via webcast and Pam Laflamme has signed up for the webcast.

OHRV Bill Defeated
In much the same way she did to oppose the Jericho Mountain State Park project, Representative Judith Spang of Durham was able to maneuver to kill Rep. Ingersoll's OHRV bill in the house. Rep. Ingersoll will undoubtedly raise it again in future sessions. Trails Chief Chris Gamache feels that in Berlin in spite of the failure of the passage of this bill we should be able to do pretty much what we need with the current authority that we have.

Animal Shelter Plan
Attached is a sketch of a plan for a new animal shelter prepared by Resta Gray, the lady Council has met with who is working on this issue. Mrs. Gray indicates that she has received a shelter license from the State of New Hampshire and has created a small temporary shelter at her home. She has already started operating this and setting up foster homes for animals she can't handle.

Rabies Clinic
This past Saturday April 4th, at the Rabies Clinic at the Berlin Recreation Center which is annually sponsored by the White Mtn. Beagle Club and the Lancaster Veterinary Hospital, Florence Fitzsimmons and Chris Davis of the Finance Department attended and offered attendees the opportunity to register their dogs. As a result of this effort, 110  dogs in Berlin we properly licensed.

Laidlaw Presentation to the PB
Lou Bravakis contacted the City Planner this morning to let her know that due to a family emergency, he needs to postpone the Laidlaw presentation to the Planning Board which had been scheduled for Tuesday evening until the next regular Planning Board meeting.~ That meeting will be Tuesday May 5, 2009.~

Landfill Monitoring
Each year the City is required to monitor two closed municipal landfills – East Milan Road and Cates Hill. Attached are the results of this year's monitoring of these two landfills which have been sent to NH DES.

Legislative Matters
HB 532 as originally submitted which would eliminate compensation from special details as being counted as "earnable compensation" under the New Hampshire Retirement System was passed by the House. This is one small step toward the reform of a state retirement system in need of a quadruple bypass.

Although recommended out as Inexpedient to Legislate, the full House in its wisdom passed an amended version of HB 351 which would lower the interest rates on unpaid taxes. The bill as written drops interest rates from 12 and 18% to 8 and 12% respectively. This makes no sense at all. We must keep in mind however, that it is not the state legislature which has to collect or rely on the property tax.

The budget bills are of course still being considered. It is still far too early to tell how things will end up. It seems like Rooms and Meals Revenue Sharing is likely to be restored. However, this still leaves Berlin with $1M less in revenue than what we would have had before the Revenue Sharing cuts.

Public Works Report / Manager's Time-Keeping Available for public review in Manager’s Office.

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

12.     PUBLIC COMMENTS  No Comments

13.     Council Comments:   Councilor Goudreau went for a ride-along with Police Officer Nathan Roy on Friday 3/27 from 6:00 p.m. until 1:00 a.m. He was impressed with Officer Roy and how he showed him first hand what goes on.  There is no doubt in Councilor Goudreau’s mind, that the Police Department is understaffed.  He urged Council to take the opportunity to attend a ride-along to gain a new perspective.  The Police Department definitely has his support.
Councilor Poulin recommends that the Council ask Police Chief Morency his opinion about the Department of Corrections situation and if he feels there is a potential safety hazard situation.

Mayor Bertrand will request a memo from the Police Chief to get his position on the State Prison.
 
Councilor Evans left the meeting at approximately 9:00 p.m.

Councilor McCue sees three different issues at play here.  1)  the cut in programs. 2) the number of beds in the gym.  3) the number of people being brought in.  This is happening anyway.

14.     Mayor’s Report  -  Appointments:

Board of Assessor – Mayor Bertrand recommends Jonathan Edwards for another three year term set to expire April 2012.  Councilor Goudreau moved with a second by Councilor Poulin to accept the Mayor’s appointment of Jonathan Edwards.  So moved, the motion carried.

AVRRDD – Mayor Bertrand recommends Councilor McCue as Primary Representative; Councilor Lafleur as First Alternate and Councilor Remillard as Second Alternate.  Councilor Goudreau moved with a second by Councilor Cayer to accept the Mayor’s AVRRDD appointments.  So moved, the motion carried.

Mayor Bertrand reported that Max Makaitis spoke to PSNH regarding their surge tank on Glen Avenue.  Since they have clean renewable energy, they should change their logo to Clean, Green Renewable Energy.  There was a question about any rule regarding the size.  The Mayor asked for a copy of the ordinance regulating signs.  He then apologized for his earlier outburst at the beginning of the meeting.

Councilor McCue asked about the status of the burned out building on Main Street.  He hopes for clean up before the Drive in the 50’s in June.

City Manager MacQueen replied that the time frame has passed.  The hope is that the owner will spend the insurance money on clean up.  The city was notified that the insurance company will hold $30,000 for demolition purposes.

Councilor Goudreau suggests it would be prudent to place an ad for the Planning Board and Zoning Board vacancies for the sake of fairness.  He then moved with a second by Councilor Remillard to place an ad for the Planning and Zoning Board vacancies.  So moved, the motion carried.      

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

15.     Adjournment:
There being no further business to come before Council at this time, Councilor Remillard moved with a second by Councilor McCue to adjourn the meeting.  So moved, Mayor Bertrand declared the Regular Meeting adjourned at approximately 9:28 p.m.

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