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City Council Minutes 06/15/2009 Regular Meeting
PUBLIC HEARING – June 15, 2009

  • Resolution 2009-24 authorizing an application to the U.S. Department of Housing and Urban Development for a $285,000 grant for the acquisition and demolition of dilapidated buildings
Mayor Bertrand opened and called to order the duly advertised and scheduled public hearing to accept public comments at approximately 7:32 pm.  

Andre Caron, Housing Coordinator, asked for Council’s support on this resolution.  It provides a unique opportunity to restore funds for dilapidated buildings primarily burned out buildings.  Some property owners have no funds set aside to destroy burned buildings and these funds could be used to restore things.  These Federal Funds are through the Division of Historical Resources.

There being no one else wishing to speak for or against the subject matter, Mayor Bertrand closed the public hearing at approximately 7:34 p.m.  

REGULAR CITY COUNCIL MEETING – JUNE 15, 2009
Mayor Bertrand called the regular City Council Meeting to order at approximately 7:35 p.m. in the Council Chambers of City Hall.~ The pledge of allegiance to the flag preceded roll call.  Present: Councilors Remillard, Landry, McCue, Lafleur, Evans (arrived 7:40), Goudreau and Cayer.  Councilor Poulin was absent.  Also present: City Manager MacQueen, Blandine Shallow, Andre Caron, Police Chief Morency and the press.

Minutes, Previous Meetings   
Councilor Lafleur moved with a second by Councilor McCue to accept the minutes of the 05/28/09 PH; 06/01/09 WS; 06/01/09 Regular Meeting and 06/08/09 WS.  So moved, the motion carried.

Disbursements:
It was recommended by the Committee on Accounts/Claims that all bills start date 6/04/09–6/17/2009 total cash disbursement of $876,448.85 Draft #1593.~ Councilor Goudreau 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:  
Abraham Hazbun, Madison Avenue, is working to start a flight school at the Berlin Municipal Airport in the near future.  He spoke about the negative impact that a casino in the middle of Main Street would have such as added crime, loss of parking and the general public nuisance it creates.  It would not improve Main Street.  He suggests that the casino would be more appropriate in the Rt 110 area.

OLD BUSINESS:

1.      Council Committee Reports.  No Reports.

2.      Resolution 2009-23 Adopting a budget and appropriating money to defray the expenses of Berlin’s city government for the fiscal year 2010. (Tabled 6/01/09)
Resolved by the City Council of the City of Berlin as Follows:
That the following budget be adopted and accordingly, the sum of Thirty-Seven Million, Three Hundred Thirteen Thousand, Two Hundred Twenty-One Dollars ($37,313,221.00) be appropriated to defray the expenses of Berlin’s City Government for the period of July 1, 2009 through June 30, 2010, less expected revenues, with the balance to be raised by taxation on real estate of the municipality

ACCT. NO.
ACCOUNT TITLE
FY2009
 FY2010
01-401
Mayor and City Council
           41,308
            44,824
01-402
Administration
       1,031,128
        1,106,244
01-403
Elections
           15,240
              8,580
01-404
City Hall & Other Bldgs
           62,565
            39,120
01-406
Insurance
         193,046
          198,036
01-408
Central Services
         185,000
          293,080
01-409
Exemptions & Abatements
                  -   
                   -   
01-410
Personnel Insurance Benefits
         124,800
          186,000
01-411
Contingency
           10,000
            10,000
01-412
Outside Agencies
           76,036
            70,317
01-413
Cemetery
           20,706
            15,289
01-414
Transfers Out
             8,154
                   -   
 Total General Government
        1,767,983
        1,971,490
01-420
Police Department
       2,683,630
        2,679,052
01-421
Fire Department
       1,723,596
        1,784,117
01-422
Street Lighting
         132,100
          122,200
01-423
Ambulance Service
         250,000
          234,000
Total Public Safety
       4,789,326
        4,819,369
01-425
Housing Coordinator
           45,563
            24,749
Total Housing Coordinator
           45,563
            24,749
01-430
Public Works Department
       1,704,317
        1,782,742
01-431
Engineering
         108,052
          101,381
01-436
Solid Waste
         997,053
          950,807
Total Public Works Services
       2,809,422
        2,834,930
01-440
Health
         574,224
          574,224
01-441
Welfare
         137,968
          126,413
01-450
Recreation & Parks
         387,906
          387,906
01-451
Library
         196,997
          177,572
Total Community Services
       1,297,095
        1,266,115
01-470
Debt Service
       1,587,138
        1,521,999
01-480
City Capital Improvement Projects
         579,818
          821,965
Total Debt, Capital Improvement Projects
       2,166,956
        2,343,964
Total City General Fund Approp.
     12,876,345
      13,260,617
01-460
School
     16,004,124
      15,775,124
01-470
School Debt
         709,846
          687,413
01-461
School Capital Improvement Projects
           75,360
          477,185
Total School General Fund Approp.
     16,789,330
      16,939,722
01-407
County Tax
       1,584,264
        1,482,042
Total County Tax Appropriation
       1,584,264
        1,482,042
Total City General Fund Budget
     31,249,939
      31,682,381
Other City Funds
10-405
School Grants/Donations
         333,998
          412,376
10-479
School Education Grants
        2,083,918
        2,155,077
11-464
School Food Services
         630,000
          645,000
13-400
Trust Funds
                  -   
                   -   
13-468
Recreation Activity Fund
           32,060
            32,000
21-400
BIDPA Fund
         295,041
          442,247
30-400
Grant Fund
     13,870,590
          135,000
59-400
CDBG
                  -   
                   -   
60-432
Sewer Fund
       1,531,746
        1,554,001
65-434
Airport Fund
         348,884
          211,139
66-100
District Court Fund
           45,283
            44,000
Total Other City Funds Budget
     19,171,521
        5,630,840
TOTAL CITY BUDGET
     50,421,459
      37,313,221
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 Landry to amend the Health Department Budget to be restored to the same amount as the current year budget which is $574,224 for an increase of $52,471.  Roll call resulted in unanimous affirmative votes with the exception of Councilor Evans who voted NO.  So moved, the motion carried.
-Councilor Lafleur moved with a second by Councilor McCue to have amend the Recreation Department Budget to be restored to the same amount as the current year budget which is $387,906 for an increase of $31,812.   Roll call resulted in unanimous affirmative votes with the exception of Councilor Evans who voted NO.  So moved, the motion carried.
- Councilor Landry moved with a second by Councilor Remillard to amend the School Debt Service budget line item to be reduced by $3,834 for a new amount of $687,413. So moved, the motion carried.
- Councilor Goudreau moved with a second by Councilor McCue to amend the budget line item 01-402-713-0000 titled Retirement in Administration be increased by $6,184 to the amount of $39,376;  further that line item 01-402-709-0000 Health Insurance be increased by $18,838 to the amount of $125,773; further that line item 01-402-714-0000 Social Security be increased by the amount of $146 to the amount of $35,738; further that line item 01-402-712-0000 Dental Insurance be increased by $570 to the amount of $2,130.  Roll call resulted in affirmative votes from Councilors Remillard, Landry, McCue, Lafleur, Goudreau and Mayor Bertrand.  Councilors Evans and Cayer voted NO.  There being a 2/3 majority in the affirmative, the motion carried.
- Councilor Lafleur moved with a second by Councilor Remillard to have the resolution, as amended, read a second time by title only.  So moved, the motion carried.
-Councilor Lafleur moved with a second by Councilor Remillard to pass the resolution, as amended for a new total budget amount of $37,313,221.00.  Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution, as amended, now passed.  

3.      Resolution 2009-24 Authorizing an application to the U.S. Department of Housing and Urban Development (HUD) for a Two Hundred Eighty-Five Thousand Dollar ($285,000.00) grant for the acquisition and demolition of dilapidated buildings. (tabled 6/01/09)
Resolved by the City Council of the City of Berlin as follows:
Whereas, the City of Berlin requested help from the New Hampshire Congressional Delegation to  assist in its effort to acquire and remove dilapidated buildings from the City’s  housing stock; and   

Whereas, the Department of Housing and Urban Development Appropriations Act, 2009 (P.L. 111-8) signed into law by President Obama on March 11, 2009, provided the Department of Housing and Urban Development with Economic Development Initiative (EDI) funds for certain special projects; and

Whereas, the following project was specified in the Committee Print of the Committee on Appropriations U.S. House of Representatives to receive grant funding in the amount of $285,000 under Grant Number B-09-SP-NH-0089 for the acquisition and demolition of dilapidated housing; and

Whereas, this grant will allow the City to acquire dilapidated properties, complete demolition of blighted properties, de-densify neighborhoods and create green space; and  
Whereas, all grant proceeds shall be deposited with the City Treasurer and 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 Department of Housing and Urban Development FY2009 EDI-Special Project Grant Application for the sum of Two Hundred Eighty-Five Thousand Dollars ($285,000.00) to acquire dilapidated properties, complete demolition of blighted properties, de-densify neighborhoods and create green space. Further, that the City Manager is authorized to receive said grant and do all things necessary to effectuate it, 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 McCue moved with a second by Councilor Lafleur to remove the resolution from the table at this time.  So moved, the motion carried.
-Councilor McCue moved with a second by Councilor Lafleur to have the resolution read a second time by short title only.  So moved, the motion carried.
-Councilor McCue moved with a second by Councilor Lafleur to pass the resolution.  Roll call resulted in unanimous affirmative votes of Council including the Mayor who declared the resolution now passed.  

NEW BUSINESS

4.      Resolution 2009-25 authorizing the Berlin Police Commission to apply for and accept Forty-Two Thousand, Thirty-Two Dollars($42,032.00) in grant funds from the US Department of Justice, Office of Justice Programs, for the Berlin Police Department Justice Award Grant and appropriating such funds to the Police Department for the purpose of the grant.  (first reading)  
   
- Councilor Goudreau moved with a second by Councilor Remillard to table the resolution and schedule a public hearing on July 6, 2009.  So moved, the motion carried.

5.      Resolution 2009-26 authorizing an application to the Community Development block Grant Program for a Five Hundred Thousand Dollar ($500,000.00) grant to rehabilitate and revitalize properties within the City of Berlin and continue the Berlin Neighborhood Revitalization Project.  (first read)

- Councilor McCue moved with a second by Councilor Remillard to table the resolution and schedule a public hearing on July 6, 2009.  So moved, the motion carried.

6.      Communication from Fran Buteau regarding Pleasant Street Concerts
Mayor Bertrand explained there is not just one issue being discussed here.  There is the issue of a church occupying the Big Scoop.  The Mayor asked the City Manager to get an update from staff regarding existing regulations about that.  The other issue concerns concerts and trespassing.

Councilor Landry is not sure what Ms. Buteau is requesting since he sees no ordinances being broken here.  He saw kids outside playing ball on the lawn at the Big Scoop and wondered what would happen if they happened to miss the ball.  Then he started thinking, what would happen at his own home in his neighborhood with neighboring kids with the same situation.  If they would trespass on his property, that would not be considered a Council matter but more of a Police matter.  

Councilor Goudreau agrees and added that the Big Scoop has controlled concerts from 6:00 – 8:00 p.m. and that is not the issue.  He is not in favor of sending letters back and forth.
Councilor Goudreau moved with a second by Councilor Evans to accept and file the communications from Ms. Buteau.  So moved, the motion carried.

7.      City Manager’s Report
Neighborhood Stabilization Program Updates
On Thursday, Pam and Andre traveled to Concord for the Neighborhood Stabilization Program all-day training session on the rules and requirements. In addition, they were given a special one-hour class by the Office of the Inspector General on the management of these funds and what the consequences will be for mismanagement.

BOP Orientation Meetings
On June 4, 2009, BOP representative spent the day in Berlin orienting various groups of people in the community about what to look for and how to prepare for their specific interest. Prospective employees were give specific advice on what they need to be concerned with and prepare for. Prospective businesses who might want to do business with the prison or take advantage of the new population which will be moving to the area were advised on what they should be prepared for and concerned with.

Laidlaw Tour
Last Thursday, members of the AVER committee which is attempting to discuss the Laidlaw proposal toured the Laidlaw site. The City's attorney for the EFSEC process Jon Peress attended with me for this tour.  Lou Bravakis led the fairly small group on a tour of the site and reviewed their plans for it.

June Planning Board Meeting
Last Tuesday, Laidlaw made a presentation to the Planning Board about its proposed project here in Berlin.  The board also reviewed a Site Plan application for the former Notre Dame High School from Dana Willis and James Tamposi.  They also made a final decision on the Jericho Mountain Wind Company windmill proposal.  Both the Notre Dame and wind site plan applications were approved.

BAA Meeting
Last Thursday evening the BAA met at the Airport’s new Snow Removal Equipment (SRE) building built with funds from the Federal Aviation Administration, State and Airport.  Discussion was about the Airport Budget for this year which the Authority is having difficulty making because of the drop off in fuel sales.  

Drive in the 50’s
"Drive in the 50's" had a great day for the event and a great turn out for this perennial favorite. Everything about the event seemed to go well and seemed like there were more cars than usual.

NCIC
NCIC and Cathy Conway have moved out of the Courthouse offices and have relocated in Lancaster.  This is mixed blessing for Berlin. Cathy has been instrumental in many important events effecting the City including assisting in obtaining the original and subsequent Rural Development grants under which we hired and continue to hire Housing Coordinator Andre Caron. She helped re-write the City's sewer ordinance and lately has been assisting AVER in obtaining the grants it operates under. Cathy and NCIC are not leaving Berlin. However, NCIC is moving Cathy to better utilize her talents in their organization in service to both NH and Vermont.

BERLIN MUNICIPAL ELECTION - NOVEMBER 3, 2009
The filing period for elected positions will begin Monday, September 21, 2009, at 9:00 a.m. and will end Monday, October 5, 2009at 4:00 p.m. (RSA 652:18II) at the City Clerk’s Office. ~All candidates must be registered voters in the City of Berlin. ~Candidates for Mayor must have been a Berlin resident for two (2) years. ~Candidates for City Council must have been a Berlin resident for one (1) year. ~The Municipal Election is nonpartisan.  Addition information including what positions are available are posted on the City’s web site www.berlinnh.gov 

Web Sites to Visit for a Positive Spin on Economic Development

White Mountain National Forest PILT
We have received a letter from the WMNF that this year’s second Payment in Lieu of Taxes (PILT) will be in the amount of $38,051. Combined with a payment already received, this will total about $52k this year which is quite a bit better than the $31k we budgeted this year.

Legislative Matters
The Legislature's State Budget Conference Committee is underway reviewing the budget bills HB1 and HB2.  The Senate has approved a reduction in the state share of the employer contribution for teachers, police, and fire, from 35% to 30% in fiscal year 2010 and 25% in fiscal year 2011 without an offsetting increase in employee rates. This means the difference will fall on municipalities unless NHMA is successful with a 28-a Constitutional challenge on the matter which hopefully it will pursue. In addition, the $17 million state liability to political subdivisions under the NHRS medical subsidy account remains eliminated in the proposed budget.

The Senate has also approved a highway funding plan based on increased vehicle registration fees and driver license fees. Municipalities would see an increase over three years under this bill but only a fraction of the increase they would see under the House bill which supports a gas tax increase.

Councilor McCue 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  -  No Public Comments.

9.      COUNCIL COMMENTS

Councilor Lafleur congratulated this years BHS grads and teachers for a job well done.

Councilor Goudreau was not here last week for the BOP vote but he would have voted against it on principal alone.  He would like to send a letter to Senator Gregg to let him know how disappointed he is about the situation.  The Prison should be funded until its completion and money should not have to impact the City’s Capital Reserve Fund.  

Councilor Cayer updated Council on the ATV trails.  They are currently working on getting permission from land owners and are hashing out local issues such as signs, etc.  He hopes to bring it to the Safety Committee for a review soon.  

Councilor McCue agreed that the Drive in the 50’s was a big success.  He reminded everyone that the NFHP will feature a Cultural Heritage Festival this weekend and the Thunder in the Mountains will be in the third week of July.

10.     Mayor’s Report
Appointments: BIDPA.  Mayor Bertrand recommends the reappointment of Jay Poulin and Mike Caron for three year terms set to expire July 2012.  Councilor Goudreau moved with a second by Councilor Remillard to accept the Mayor’s nomination or Mr. Poulin and Mr. Caron.  So moved, the motion carried.

Mayor Bertrand reported that he is serving on the Mayor’s Committee of Conference and they are letting Concord know that the state needs to fund revenue sharing in the state’s budget.  It would make a one million dollar difference for the City of Berlin.

Councilor Lafleur moved with a second by Councilor Remillard to accept the Mayor’s oral report.  So moved, the motion carried.

11.     Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Remillard moved with a second by Councilor Cayer to adjourn the regular meeting.  So moved, Mayor Bertrand declared the Regular Meeting adjourned at approximately 8:33 p.m.

A True Record, Attest:
Debra A. Patrick, CMC
City Clerk