PUBLIC HEARING – August 17, 2009
Resolution 2009-30 Authorizing a Loan ($1,025,000.);Grant($2,975,000.)from US Rural Development for Water System Improvements
Mayor Bertrand opened and called to order the duly advertised and scheduled public hearing to accept public comments at approximately 7:37 p.m. There being no one wishing to speak for or against the subject matter, Mayor Bertrand closed the public hearing at approximately 7:38 p.m.
REGULAR CITY COUNCIL MEETING – AUGUST 17, 2009
Mayor Bertrand called the regular City Council Meeting to order at approximately 7:38 p.m. in the Council Chambers of City Hall.~ The pledge of allegiance to the flag preceded roll call. Present: Councilors Landry, McCue, Lafleur, Evans, Cayer and Poulin. Councilors Remillard and Goudreau were absent. Also present: City Manager MacQueen, Pam Laflamme, Blandine Shallow, Norm Charest, Jon Edwards and the press.
Minutes, Previous Meetings
Councilor Lafleur moved with a second by Councilor McCue to accept the minutes of the 08/03/09 WS & Reg Mtg. So moved, the motion carried.
Disbursements:
It was recommended by the Committee on Accounts/Claims to pay all bills dated 8/06/09–8/19/2009 for a total cash disbursement of $371,793.90 Draft #1598.~ 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. 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. (tabled 8/03/09)
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 One Million Dollars ($1,025,000.00) 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:
To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government; and
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 hereunder.
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 not to exceed Two Million, Nine Hundred Seventy-Five Thousand Dollars ($2,975,000.00) under the terms offered by the Government; that the City Manager and Clerk of the Association are hereby authorized and empowered to take all action 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 Evans moved with a second by Councilor Poulin to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Evans moved with a second by Councilor Poulin to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Evans 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 now passed.
NEW BUSINESS
3. Resolution 2009-31 Adopting Project 21/21 as an economic development initiative supporting all methods of outdoor recreation as a means to diversify the City of Berlin’s economy. (1st read)
Councilor McCue moved with a second by Councilor Poulin to table the resolution and schedule a public hearing on Tuesday, September 8. So moved, the motion carried.
4. Resolution 2009-32 Carrying over $607,567.03 of Capital Appropriations for the year ended June 30, 2009 which are not yet expended from the previous fiscal year. (1st read)
Councilor Lafleur moved with a second by Councilor Poulin to table the resolution and schedule a public hearing on Tuesday, September 8. So moved, the motion carried.
5. City Manager’s Report
Rt 110 Phase II (Alt. 4E) Public Hearing
This public hearing last Thursday evening at the BJHS seemed to go well. There was a reasonable turn out given the time of year and the number of hearings there have already been. The speakers all seemed to favor the City supported Alternative 4E route. Now there is just (we hope) one more public hearing to be held which is next Thursday August 27, 2009 at 7pm in the City Hall Auditorium. This is really a continuation of this last public hearing for the purpose of covering the environmental aspects of the proposed project. The draft Environmental Assessment/Section 4(f) Evaluation has been prepared and is available for public review at NHDOT in Concord. We have a copy here at City Hall and at the Library. The project is tentatively scheduled for advertising for bid in January of 2012.
Meeting with DES in Concord
On Thursday August 6, 2009, Mike Perreault, Henry Noel, Chris Dwinal of Wright-Pierce and I met with several DES wastewater officials in Concord to go over as many issues as we could with respect to the BOP sewer connection project. We have received the first installment from the BOP in the amount of $1.125M toward their $8.5M share of the total project.
Downtown 155B
After Superior Court Judge Michalik recused himself from dealing with the Downtown Fire 155B several weeks ago, we were greatly disheartened two weeks ago when we learned that Judge Desjardins on August 12th also recused himself. We are now expecting the order to be signed this week on the 19th by a third judge. Once that occurs, the twenty day period for the respondent to reply begins. We have been told by the respondent that there will be no response so we may begin the administrative actions a little earlier on this one than we have on other 155B's to streamline the process as much as possible.
Assistant Fire Chief Retirement
The Assistant Fire Chief Robert Goudreau has now given official notice of his plans to retire effective at the end of this month. Bob will have served with the Department for almost 34 years, 22 of which will have been as Assistant Chief. We have started developing the process for replacement of the position.
PT Building Inspector
Ron Devoid has been hired to fill the part-time Building Inspector position. Ron is the retired Gorham Police Chief. This is a 20 hour per week position which will assist Joe Martin who has been doing housing, building, zoning, junk cars, sign code etc. Having Ron available will provide us with some very needed capacity and backup in this critical area for the City.
TIGER Grant
The TIGER Grant application for road paving in the area is rapidly coming together. Colebrook has been added to the list of Towns along with Gorham, Shelburne, and Milan which are participating with us. For a while we didn't think that NHDOT was going to be a participant, but they have now confirmed that they will be which is great because it connects Colebrook to us in a more coherent project.
A paving expert by the name of Joe Kindler of KMS Associates from Dublin, Ohio was here last week to drive and assess the roads in order to be able to come up with an estimated amount that we should be applying for. Tomorrow, Kelley Coyner, the grant writer will be here from Washington DC to go over as much of the project as we can go over with her in person.
Superior Court
The week before last Blandine Shallow and I attended Superior Court in Lancaster along with City Attorney Chris Boldt in a case brought by Legal Assistance on behalf of one of the former owners of a tax deeded property which the City had taken in the most recent rounds of tax deedings. We are expecting a ruling from the Superior Court judge at any time.
AVER Biomass Committee
Last Thursday, another meeting of the AVER Biomass Committee was held at WMCC. However, a quorum was not available for the meeting. Nevertheless, Jon Puress attended to make some suggestions to the Committee on how they might proceed in order to be of the most help to the City Council, including a slight rewrite of their purpose statement. Since there was no quorum, the Committee took no action, but Jon nevertheless made his presentation to the members present. The notes from that session are attached. The next meeting was scheduled for August 27, 2009 at 4pm at the College.
Right to Know Law Updates
In the event anyone didn't get it, we have the updated booklet on the Right to Know Law from the AG's office. It is over 100 pages and covers quite a bit of ground with respect to the law as it is interpreted today. If anyone doesn't have it and would like a copy, we can provide it digitally to you.
Riverfire
Planning meetings for the Riverfire Event have begun again for this year. The event is now always the first Saturday in October which is October 3rd.
Councilor Lafleur asked if the school crosswalks will be painted before the start of the school year. Pat will check into the matter. Second, Councilor Lafleur also said that there is an odor by the Library due to trash being left out at the building next door way before garbage day. The ordinance says that trash should not be left out before trash day and Councilor Lafleur asked the City Manager if the PD could enforce the ordinance. The City Manager replied that must be the same landowner that he sent a letter to regarding that same thing. Third, Councilor Laflamme asked what the cinder blocks near the Library are going to be used for. Pat replied those are for the retaining wall near the river.
Mayor Bertrand asked the City Manager if the reason the state was having another public hearing regarding Rt 110 was because they were late to get out the environmental impact report? He went on to say that the City Manager’s report said that all were in favor of the Alternative 4Eroute. Mayor Bertrand received a call from a landlord who was concerned for the safety of his tenants due to the truck route. He explained that should be minimalized with the 4E alternative. Mayor Bertrand observed the three commissioners taking comments. The DOT seems to be inching closer.
Regarding the TIGER Grant, Mayor Bertrand wanted to know if the City would incur any administrative costs. The City Manager suspects a nominal fee that the communities can share.
Councilor Poulin moved with a second by Councilor Evans to accept the City Manager’s Report and place it on file. So moved, the motion carried.
6. Public Comments No Public Comments
7. COUNCIL COMMENTS
Councilor Poulin thanked the City Manager for the quick fix to the Grafton Street problem he phoned the City Manager about. The citizens later called Councilor Poulin back to thank him for helping.
8. Mayor’s Report.
Mayor Bertrand thanked Councilor Lafleur for filling in for him at the Council Meeting last week.
Three people recently contacted the Mayor and were concerned about clear cutting being done across town. The Mayor in no way is suggesting impropriety, but asked if staff could look into the matter. It might be beneficial for the City to hire a forester to monitor cuts.
The Mayor then inquired about electricity brokers. To that, Mr. MacQueen replied a competitive broker finds the best price for electricity and offers it to you for a profit. UMG is on contract and the City Manager advised other interested brokers to call back when that contract is done.
Councilor Lafleur moved with a second by Councilor Poulin to accept the Mayor’s oral report and place it on file. So moved, the motion carried.
9. Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Cayer moved with a second by Councilor Poulin to adjourn the regular meeting. So moved, Mayor Bertrand declared the Regular Meeting adjourned at approximately 8:09 p.m.
A True Record, Attest:
Debra A. Patrick, CMC
City Clerk
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