PUBLIC HEARING – August 3, 2009
Ordinance 2009-07 amending the Code of Ordinances, Chapter 13 by adding a new Section 13-4a Roadside Mementos
Mayor Pro Tem Lafleur opened and called to order the duly advertised and scheduled public hearing to accept public comments at approximately 7:30 p.m. There being no one wishing to speak for or against the subject matter, Mayor Pro Tem Lafleur closed the public hearing at 7:31 p.m.
REGULAR CITY COUNCIL MEETING – AUGUST 3, 2009
Due to Mayor Bertrand’s absence, Councilor Lafleur was voted in as Mayor Pro Tem for tonight’s meeting. Mayor Pro Tem Lafleur called the regular City Council Meeting to order at approximately 8:24 p.m. in the Council Chambers of City Hall.~ The pledge of allegiance to the flag preceded roll call. Present: Councilors Remillard, Landry, McCue, Evans, Cayer and Poulin. Councilor Goudreau was absent. Also present: City Manager MacQueen and the press.
Minutes, Previous Meetings
Councilor Remillard moved with a second by Councilor Poulin to accept the minutes of the 07/20/09 WS & Reg Mtg; 07/27/09 WS. So moved, the motion carried.
Disbursements:
It was recommended by the Committee on Accounts/Claims to pay all bills dated 7/23/09–8/05/2009 for a total cash disbursement of $936,841.63 Draft #1597.~ Councilor Evans 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: No public comments
OLD BUSINESS:
1. Council Committee Reports. No Reports.
2. Ordinance 2009-07 amending the Code of Ordinances, Chapter 13 by adding a new Section 13-4a Roadside Mementos. (tabled 7/20/09) Be it ordained by the City Council of the City of Berlin, as follows:
Whereas, it has become more common in recent years for surviving friends and/or families of persons involved in fatal accidents on the streets or highways to want to memorialize their lost loved ones by placing crosses, wreaths, flowers and other assorted mementos in the public right of way at or near the location of the fatal accident, and
Whereas, such mementos may become a hazard to the traveling public and over time become unsightly, and
Whereas, cemeteries are the appropriate place to memorialize long-term the loss of a loved one, and
Whereas, the Mayor and Council understand and empathize with people who have lost loved ones in accidents and wish to balance this legitimate feeling on the part of friends and families to have memorials in the public way against the long term safety and appearance of the public way
That the Code of Ordinances are hereby amended by adding the following new Section 13-4a Mementos to Division I, In General of Chapter 13, Streets, Sidewalks And Other Public Places to read as follows: Section 13-4a. Roadside Mementos. As long as such mementos do not, when erected, constitute any type of hazard as determined solely by the City Police Chief and/or Public Works Director, limited roadside mementos may be erected in the City of Berlin by friends and/or family after conferring with the Public Works Director along the outside edge of a public right of way near the location of a fatal accident. Such mementos shall be marked with the date of death, and it shall be the responsibility of the friends and/or family that erected such mementos to maintain them and then to completely remove them and
properly dispose of them prior to the expiration of 90 days from the date of the death of the loved one. The Public Works Director or the Police Chief may cause such mementos to be removed at any time he/she feels such material has become a hazard to the travelling public. If the friends and/or family who erected the mementos have not removed all such materials within the above mentioned 90 day period, the Public Works Director will cause such material to be removed and disposed of without notice or any other obligation to the friends and/or family. Any friends and/or family who place these mementos in the public ways understand that by doing so they are giving up any claim to have any such materials protected or maintained by the City in any way and that the City may at any time as reviewed above remove and dispose of such materials without any notice or obligation whatsoever to the friends and/or family. This Ordinance shall be in full force and effect from and after
passage.
Councilor Evans moved with a second by Councilor Remillard to remove the ordinance from the table at this time. So moved, the motion carried.
Discussion: Councilor Landry understands how the mementos could be a problem. He however, received many phone calls concerning the City’s insensitivity regarding the 90 day removal clause because the City has no right to determine how long it takes someone to grieve. He would like to see that amount increased.
Councilor Remillard also received many calls who said the 90 days were sufficient and that we need some type of control. Only one said it was not right.
Councilor Evans moved with a second by Councilor Remillard to have the ordinance read a second time by title only. So moved, the motion carried.
Discussion: Councilor Evans added if Council feels it is appropriate to extend the time limits now is the time to amend the ordinance or table it for further discussions. He is conflicted whether the ordinance is necessary and yet no one came to the public hearing.
Councilor Evans then moved with a second by Councilor Landry to amend the 2009-07 Ordinance regarding Roadside Mementos reference to 90 days be changed to 120 days. Roll call resulted in Councilors Poulin, Cayer, Remillard and Mayor Pro Tem Lafleur voting no. Councilors Evans, McCue and Landry voted yes. The motion failed.
Councilor McCue commented that from the beginning he wasn’t convinced this ordinance, although well drafted, was even necessary. He also questioned the use of the word “mementos.”
Councilor Remillard remarked that no one came in opposition of the ordinance as it was written. If she was opposed to something, she would be here. She wants to make it clear and encourage people to come to meetings and speak out about issues that concern them.
Councilor Remillard moved with a second by Councilor Poulin to pass the ordinance. Roll call resulted in Councilors Poulin, Cayer, Remillard and Mayor Pro Tem Lafleur voting yes and Councilors Evans, McCue and Landry voting no. The motion carried and the ordinance was declared passed by Mayor Pro Tem Lafleur.
NEW BUSINESS
3. Resolution 2009-30 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 facility to serve an area lawfully within its jurisdiction to serve. (1st read)
Councilor McCue moved with a second by Councilor Evans to table the resolution and schedule a public hearing on August 17. So moved, the motion carried.
4. City Manager’s Report
Rt 110 Phase II (Alt. 4E) Public Hearing
It is critical that there be good attendance at the Thursday August 13th NHDOT Right of Way informational session and public hearing. This will be at the Berlin Junior High School from 4-6pm for the right of way session and at 7pm for the public hearing. We have finally gotten NHDOT lined up to support the Alternative 4E project route and now it is critical to once again have the public turn out to support it. Please talk this up any way you can to get people to turn out. The official notice is attached.
Hutchins Street Rehabilitation Funding
Senator Shaheen's office has announced that $800,000 of our request for funding for the rehabilitation of Hutchins Street has been reported out of committee and they are optimistic that it will be funded by the full Congress. This is great news. We also have applied for $400k toward this project for Transportation Enhancement funding. If that is obtained, that would leave about $800,000 remaining to be funded in a $2M project. Needless to say, we will be trying to work that in to the upcoming capital project bond issue so that this needed project can get off the ground.
West Side Fires
On July 20, 2009 at 11:56pm the Fire Department responded to a fire at 49 Gilbert Street. The quick action of Officer Nathan Roy and the quick response of the BFD kept this fire very small. This is the same vacant building in which a fire occurred a year or so ago. A joint investigation of the BPD, BFD and State Fire Marshall's Office and State Police is underway on this one. We had another residential fire in the middle of the night on Saturday.
On Saturday night, at 2:34 am another fire was called in to the BFD. The building at 796 Western Avenue was basically empty but new tenants had just moved in one unit, and they called in the fire. It turned out to be mostly debris burning in the cellar. The BFD found it quickly with thermal imaging and knocked it down. It is being investigated by Fire Marshall's office. There is another building owned (790 Western Ave) by the same owner, Joe Dimauro, immediately to the south of this building which has been sitting boarded up and empty for quite some time.
COPS Grant Deferral
The email attached from the Department of Justice informs us they didn't fund the BPD's request for COPS grant funding in the first round of COPS grant funding. The notice goes on about how much competition nationwide. What the notice doesn't say is that there were a number of NH municipalities funded which make you wonder how Berlin could not have been funded. Nevertheless, the BPD's application is still in "pending" status and it is possible some funding for it may become available.
Animal Rescue Efforts
Attached is an email string which gives a feel for the activity that the very energetic Northwoods Animal Rescue group continues to undertake. They have been providing a great public service as volunteers at no public expense thus far.
Smith Hydro Drawdown
Each year Smith Hydro does a drawdown for about a week of the canal behind City Hall for inspection and maintenance purposes. We have received notice that this year that will occur the week of Sept. 12-18. To do this they lower the level of the river of the Smith Hydro Dam by about seven feet.
Public Works Monthly Report Attached.
Manager's Timekeeping Attached.
Councilor Remillard asked the City Manager if he knows who owns 49 Gilbert Street. Mr. MacQueen replied that building is currently owned by Larry Richards.
Councilor McCue asked what the COPS Grant Deferral funds would have been used for. The City Manager replied it was most likely to fund a Police Officer.
Councilor Evans moved with a second by Councilor Remillard to accept the City Manager’s Report and place it on file. So moved, the motion carried.
5. Public Comments No Public Comments
6. COUNCIL COMMENTS
Councilor McCue thanked the Fire and Police Departments for their work on the recent West Side fires. He noticed that the Police use spotlights to check dark yards and alleys more so these days.
Councilor Cayer apologized for missing a few meetings but it was due to business. He gave Council a brief report about the ATV Trail System. They are progressing and it has been a slow, ongoing effort. It is a large undertaking and the property owner gives them a hard time. Councilor Cayer said the members want to make sure that they don’t rush into things. They want to do things right by doing their homework since this could be a model for other cities in the State of New Hampshire. Before four wheelers can drive on the streets, many things need to happen. First the ordinance needs to go to the City Manager and Traffic Safety Committee for their review before it is brought to the Mayor and Council for passage. Next, the signage has to be put up on the various City streets. A very
important aspect is public education and marketing needs to be done. This is a positive venture which will provide a huge economic impact for Berlin and will be something to be proud of.
Councilor Remillard inquired if Councilor Cayer thinks the trail connection will be completed within the next six months.
Councilor Cayer replied they will try to make it happen as soon as possible. Once the ordinance is passed, the other components like public education, signage, etc. will follow suit. They would like to coordinate the grand opening with a fall festival such as RiverFire, if it is at all possible.
Councilor Remillard received a phone call saying that the trails don’t fit a double-wide machine.
To that, Councilor Cayer replied that state law dictates the size of the trails.
7. Mayor’s Report.
Mayor Pro Tem Lafleur thanked Mayor Bertrand for appointing him as Chair for tonight’s meeting due to his absence.
Councilor McCue moved with a second by Councilor Evans to accept the Mayor Pro Tem Lafleur’s Report and place it on file. So moved, the motion carried.
8. Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Cayer moved with a second by Councilor Remillard to adjourn the regular meeting. So moved, Mayor Pro Tem Lafleur declared the Regular Meeting adjourned at approximately 8:55 p.m.
A True Record, Attest:
Debra A. Patrick, CMC
City Clerk
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