Work Session
September 8, 2009
Present were Mayor Bertrand, Councilors Evans, Cayer, Goudreau, McCue, Poulin, and Lafleur; absent were Councilors Remillard and Landry. Others present included Norm Charest, Pamela Laflamme, Mike Perreault, Patrick MacQueen, Eric Eisele, Berlin Reporter and Barbara Tetreault, Berlin Daily Sun
Work Session
Mayor Bertrand opened the work session at 6:30 p.m. and noted that items to be discussed in work session included Ordinances and Resolutions on this evening’s agenda.
21/21 Plan – there was no additional discussion on the 21/21 Plan.
Carry-Over of Capital Appropriations
Councilor Goudreau commented that the City is anticipating borrowing $5 million for capital and this resolution would bring that number to $5.6 million in capital. He asked why the projects being carried over have not been completed. Mr. MacQueen indicated that the projects have not been able to move forward for one reason or another and since there is still some plan to do the work, the request is to carry over existing funding.
Ordinance 2009-08 No Parking on West side of Main Street north of 8th St.
Councilor Evans reported that the Traffic Safety Committee is recommending removing one parking spot to aid with visibility.
Ordinances 2009-09 Adding Handicap Parking on Unity St and 2009-10 Adding No Parking on Unity Street.
Councilor Evans noted that these two ordinances need to be kept together because they rely on one another. At this time Unity Street has a narrow area with no parking along the fence that has no ordinance supporting it. This ordinance proposes no parking from Mason Street to the entry gate of Community Field where the no parking area would go to 20’ feet north of the gate. There would then be two handicap spaces.
Councilor Cayer apologized for not being at the Traffic Safety Committee meeting where this was discussed and recommended that the proposal be to sent back to the safety committee for further review. Mayor Bertrand commented that unless there is a majority vote to send this back, it will move forward on the agenda.
Councilor Cayer moved to send both Ordinances 2009-09 & 10 back to the safety committee; Councilor Goudreau seconded. Councilor Evans asked if the motion could be amended to go forward with the no parking area and send the handicap parking issue back to the safety committee. The motion was not amended and the vote on the motion concluded that both ordinances will go back to the safety committee.
2000-11 Creating a Connecting ATV Trail through the City of Berlin.
Councilor Evans reported that the Traffic Safety Committee had one recommendation for the hours of operation to mirror those of the Jericho Trails which is dawn to dusk.
Councilor Cayer argued that the connector trail should be open 24 hours. The trail is on a truck route and he felt that noise would not be an issue. If businesses want to be open 24 hours to cater to the ATV riders; that should be allowed. The Police Department had no issues with the time and no problem with 24 hours. He went on to say that despite his Safety Committee vote to go with hours of operation from dusk to dawn, he would urge the Council to have the trail open 24 hours.
Councilor Cayer voiced his concern for allowing the trail to be open through the winter months. He felt there would be a safety issue and urged that the ATV trail revert back to the snowmobile trail during the winter from December 15 through March 15 when the snowmobile trails close. The ATV trail would then go back to the snowmobile rules. After mud season, they would be allowed back onto the streets.
Councilor McCue could support the 24 hours. He added that tying the hours to Jericho is defeating the purpose of the ordinance. He was concerned with atv/snowmobile trail and whether they are compatible. Councilor Cayer confirmed that in his plan, it is likely that the ATVs would not be able to get through the City after December 15. Mayor Bertrand commented that if the ordinance remains as proposed, then 4 wheelers can get through.
Councilor Lafleur urged the Council to get the trail open and get it done safely. Mr. MacQueen indicated that the snowmobile section of the ordinance has hours of 7:00 a.m. to 11:00 p.m. and the snowmobiles and atv’s should be the same.
Councilor McCue stated that the arbitration board for the snowmobiles should mirror the ATV language. Councilor Cayer suggested that a public informational meeting be scheduled so that the public realizes Berlin is an OHRV community. Signs at the entrances to the City will need to make visitors aware that they will encounter off highway road vehicles when traveling through Berlin.
Councilor Cayer also wants to make the trail opening a media event. Mayor Bertrand noted that the 1st reading will occur and the ordinance will then be amended.
2009-12 Amending the Zoning Ordinance to Create Overlay Zones.
Ms. Laflamme explained that ridgeline zoning has been considered by the Planning Board. There have been studies that recognize the historical significance of Mt. Jasper and Mt. Forist. Development on either of these ridgelines would change the viewscape in the City significantly. Mt. Jasper is owned by the City; however Mt. Forist is owned by several different entities and the Planning Board wants to have more say in the development that goes in along those ridgelines. The issue has come to council a few times but has not gone anywhere.
Councilor McCue asked about the proposed wind projects that have come before the Planning Board and he confirmed that they don’t fall within the zone. Mayor Bertrand affirmed that the parameters of the zone are depicted on maps and photos presented.
Councilor Goudreau questioned the need for an overlay zone on land owned by the City. Ms. Laflamme replied that the City may not always own it. Mr. MacQueen clarified that the language to be added to the zoning ordinance would be to determine that development is not visible above the tree line.
Resolution 2009-33 & 34 Proposed Changes to Unity Street
Councilor Goudreau acknowledged the proposed changes to Unity Street. He agreed with clarifying the different names that are on the street; however he questioned renaming the street. He would be in favor of memorializing the highway for a fallen soldier. He questioned whether it would make sense to start at Glen Avenue and rename the entire street to Hutchins Street to clean up the issue of several street names on one section of street and then memorialize the entire section as Rosenberg Highway. Councilor McCue stated that he could see making the whole thing Hutchins Street and added that it may be prudent to table the issue for further review.
Councilor Poulin indicated that discussion in the community has been that citizens are proud that the city is taking steps to honor Sgt. Rosenberg. He was not concerned about other families of servicemen coming forward because their suggestions would be given consideration.
Councilor Goudreau’s suggestion would not change the street name but memorialize the highway. Councilor Evans added that it makes sense to make Hutchins go all the way to Glen Avenue.
Councilor Goudreau moved to remove Resolutions 2009-33 & 34 from the agenda and have the new proposals for the next meeting; Councilor Poulin seconded and the motion carried. The meeting moved on to the Public Hearing duly scheduled for 7:30 pm.
Public Hearing
Mayor Bertrand opened the duly called public hearing at 7:35 p.m. and called for public comments on Resolution 2009-31 Proclaiming a New Economic Development Initiative for the City tabled 8/17/2009. There were no comments.
Mayor Bertrand called for public comments on Resolution 2009-32 Carrying Over $607,567.03 for Use in FY 2009/10 tabled 8/17/2009. There were no comments. Mayor Bertrand closed the public hearing at 7:38 p.m.
REGULAR MEETING – TUESDAY, SEPTEMBER 8, 2009
Mayor Bertrand called the Regular Meeting of the City Council to order at approximately 7:38 p.m. The pledge of allegiance to the flag preceded roll call. Present at roll call were: Mayor Bertrand, Councilors Lafleur, McCue, Evans, Goudreau, Poulin, and Cayer; absent were Councilors Remillard and Landry.
Minutes, Previous Meetings: Mayor Bertrand commented that State representatives talked about planning an event at Jericho Park and July 10 & 11 were conflicting. He wanted to be sure that the State would continue to plan the event and that a date would be scheduled.
Mayor Bertrand had a correction to the minutes of 8/31 where a reference to $1 million was written as $1.
Councilor Poulin moved with a second from Councilor Cayer to accept the minutes of 8/17; 8/24 and 8/31 as amended. So moved, the motion carried.
Disbursements: It was recommended by the Committee on Accounts/Claims that all bills start date 8/20/2009, end date 9/3/2009, for a total cash disbursement of $1,395,660.59 Draft #1599 be paid. Councilor Poulin moved with a second by Councilor Goudreau to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims. So moved, the motion carried
PUBLIC COMMENTS there were no comments.
1. Council Committee Reports
Councilor Evans referring to the Traffic Safety Recommendations indicated that most were discussed in work session however it was recommended that the city manager contact Laidlaw to allow cars to park in their lot on Unity Street currently blocked by boulders. Councilor Cayer stated that the decision of the committee was not unanimous as this issue was brought to the Council before and was denied. Councilors Poulin, Goudreau and McCue voiced that they were not in favor of contacting Laidlaw. Councilor Lafleur expressed that the request came in consideration of the safety of individuals and children that use the park. When all fields are used there would be the availability of an additional 20 spaces. There was no support for contacting Laidlaw.
2. Resolution 2009-31 Proclaiming a New Economic Development Initiative for the City (tabled 8/17/2009)
Resolved by the City Council of the City of Berlin as follows:
Whereas, Project 21/21 is an economic development initiative designed to transform our region’s productive capacity; and
Whereas, Project 21/21 will diversify Berlin’s economy by helping to fill the void left by the loss of its former heavy manufacturing base; and
Whereas, Project 21/21 will create a 21st century center of commerce centered on a community effort based on a variety of local and regional outdoor recreational experiences.
Whereas, Project 21/21will be led by the City’s Economic Development Director who will inform and advise Mayor & Council and City Manager on findings, projects, recommendations and progress; and
Whereas, Project 21/21 will engage and be driven by citizens and the business community through the 21/21 Task Force; and
Whereas, Project 21/21 Task Force will refine the proposal and provide guidance through the development and implementation process; and
Whereas, Project 21/21 will engage City Government to help facilitate the process by removing obstacles to the stated goal of 21/21 and by making infrastructure investments in Berlin’s new economic sector; and
Whereas, Project 21/21 will bring resources, government, leadership and citizens together to forge a new future for the community.
Now therefore be it resolved by the City Council of the City of Berlin that Project 21/21 is hereby adopted as one of the City’s economic development initiatives.
This Resolution shall be in full force and effect from and after passage.
Councilor McCue with a second from Councilor Lafleur, moved to remove the resolution from the table. So moved, the motion carried. Councilor McCue, with a second from Councilor Lafleur, moved to have the second reading of the resolution. So moved, the motion carried.
Councilor McCue moved to pass the resolution; Councilor Lafleur seconded and the motion carried.
Councilor Cayer commented that if the economic development director position is eliminated, who will lead this charge?.
3. Resolution 2009-32 Carrying Over $607,567.03 Capital Appropriations for Use FY’2009/10 (tabled 8/17/2009)
Resolved by the City Council of the City of Berlin as follows:
That the following capital appropriation funds (including carryover Capital Improvement funds) for the year ended June 30, 2009, be carried over as described below:
Councilor Lafleur with a second from Councilor Poulin, moved to remove the resolution from the table. So moved, the motion carried. Councilor Lafleur, with a second from Councilor Poulin, moved to have the second reading of the resolution. So moved, the motion carried.
Councilor Lafleur moved to pass the resolution; Councilor Poulin seconded and the motion carried.
NEW BUSINESS
4. Ordinance 2009-08 Amending Chapter 15 to Add a No Parking Space on Main St near 8th Street. (1st read)
Councilor Evans moved to amend the ordinance by adding, “for 40 feet” before “north of 8th street.” Councilor Goudreau seconded and all voted in favor of the amendment.
Councilor Goudreau moved to table the ordinance as amended and schedule a public hearing; Councilor Lafleur seconded and the motion carried.
5. Ordinance 2009-11 Creating a Connecting ATV Trail Through the City of Berlin (1st read)
Councilor Evans moved to delete the hours of operation; Councilor Poulin seconded and the motion carried.
Councilor McCue moved to correct the connector trail to add “Mannering Street to Second Avenue” before Hillside Avenue; Councilor Poulin P seconded and the motion carried.
Councilor McCue moved to amend Ordinance 2009-11 by adding the final paragraph of Section 13-112 complaints… be and adding the language to the end of Section 13-111 replacing the last paragraph as modified to reflect snowmobile rather than OHRV; Councilor Lafleur seconded and the motion carried unanimously.
Councilor Goudreau stated that he does not want to do anything that would delay the passage of the ordinance but he would like the safety committee to take into consideration safety standards such as wearing a helmet and mirrors to the degree that safety committee can make safety recommendations would make it safer to ride on City streets.
Councilor Evans moved to table Ordinance 2009-11 as amended and schedule a public hearing; Councilor Goudreau seconded and the motion carried.
6. Ordinance 2009-12 Amending Chapter 17 Zoning: Mt. Forist and Mt. Jasper Overlay Zone (1st read)
Councilor McCue moved to table the ordinance and schedule a public hearing for September 21; Councilor Cayer seconded.
Councilor Goudreau expressed concern about passing ordinances that do not pertain. He moved to amend the ordinance by removing the reference to Mt. Jasper; Councilor Cayer seconded. Councilor Cayer then voiced his preference for leaving the reference to Mt. Jasper. He established that it gets away from the illusion that one area is being singled out; both deserve the overlay zone. Councilor Evans added that decisions should be made about a piece of land before development begins. Councilor Goudreau could not be convinced and stated that Mt. Jasper is city owned and if ever it were sold, conditions could be put on the sale. There was no support for the amendment.
The motion for tabling the ordinance passed with Councilor Goudreau voting against.
7. Resolution 2009-35 Carrying Over $100,212.26 of Grant Funds for Use in FY 2009-10 (1st read)
Councilor Lafleur moved with a second from Councilor McCue to table the resolution for a public hearing on September 21, 2009. So moved, the motion carried.
8. Resolution 2009-36 Authorizing a Loan ($1,025,000.);Grant ($2,975,000.) from US RDA for BWW (1st read)
Councilor Lafleur moved with a second from Councilor McCue to table the resolution for a public hearing on September 21, 2009. So moved, the motion carried.
9. Resolution 2009-37 Authorizing $320,160.00 Application of DOT Transp. Enhancement Funds (1st read)
Councilor Evans moved with a second from Councilor Poulin to table the resolution for a public hearing on September 21, 2009. So moved, the motion carried.
10. Resolution 2009-38 Authorizing Grant Application to Rural Development for WWTF Improvements (1st read)
Councilor Lafleur moved with a second from Councilor Poulin to table the resolution for a public hearing on September 21, 2009. So moved, the motion carried.
11. City Manager’s Report
Rt 110 Phase II (Alt. 4E) Public Hearing
The final public hearing that was a continuation of the last public hearing covered the environmental aspects of the proposed project. The draft Environmental Assessment/Section 4(f) Evaluation was available for public review at NHDOT in Concord. We have a copy at City Hall and at the Library. The project is tentatively scheduled for advertising for bid in January of 2012.
Downtown 155B Orders
We have both 155B Orders for the two downtown burnt out parcels. We had to go through five judges before the orders were signed. We have to wait for the 20 day response period to run out before putting out bids for the demolition. We also have the 155B Order for 844 Third Ave. and should also be put to bid this month
Notre Dame Bids
Marcor was the low bidder in the amount of $190,515.75 for the clean up of the hazardous waste at Notre Dame. This bid does not include the tonnage at AVRRDD which the City will be paying directly from the capital funds we have budgeted. The work will begin on September 21st after DES approval of the plan.
Update on EYA situation with respect to Bartlett School
Wednesday morning following last Monday night's work session, Andre Caron and I met with Ken Massy of EYA Alternatives. EYA had been in court on Tuesday with respect to litigation with some employees who had left the school and were trying to set up their own school. The Court ruled that the EYA restraining order against the employees setting up their own school would not be continued which has the result that EYA at the moment does not have enough students to operate in Berlin and are therefore not in a position to continue to pursue the Bartlett School lease.
ATV Ride through Thursday 8/26
On Thursday, August 26, Councilor Cayer, members of the BPD, members to the ATV club, Paul Ingersoll and I took a small caravan of ATV's on the proposed ATV cross-town trail in order to see first hand where the trail was and what the issues might be in describing it and allowing it to be used. This was very helpful in finalizing the description of the ordinance and determining exactly where it should go.
RR Exempt Hearing DOT in Concord
On Monday August 24, I attended a hearing held in Concord on the request we have had since the early part of the year to exempt the RR crossings at Main, High, School and Pleasant Streets from trucks and buses having to stop there because the crossings are not currently being used. We just received the Exempt Order from DOT in the mail today and we will be putting up the signage for these crossings.
CDBG Monitoring Visit
I have attached the results of the most recent monitoring visit by state CDBG officials of our Neighborhood Rehabilitation Project. It is not surprising but it looks like Housing Coordinator Andre Caron and Grant Administrator Donna Lane got a perfect score on this one.
AVER Biomass Committee
The next meeting is scheduled for September 10, 2009 at 4pm at the College.
Parks And Recreation CLIF Program
Attached is a flier which details the Children's Literacy Foundation Summer Program, a program that the Berlin Parks and Recreation program has participated in now for a number of years. The program promotes literacy among children in the summer months.
Weekend of October 3rd and 4th
RiverFire is always now the first Saturday in October. It seems to be attracting attention as both the High School Homecoming and the Northern Forest Heritage Park Lumberjack Festival and Competition have made plans for their events that weekend also.
No More Dam Inspections
Attached is a dam report from the State of New Hampshire to the State of New Hampshire regarding required maintenance at the Dead River Dam. Fortunately, we don't have any dam responsibility as the state now owns the dam.
10 Year Transportation Plan Public Hearings
Attached is a flier from North Country Council announcing the scheduled public hearings on the NH DOT's Ten Year Transportation Improvement Plan. These will be held all over the County including the one here at City Hall on Thursday September 24th at 7pm.
Waste District Landfill Gas Pipeline
Also attached is information from the AVRRDD regarding their part in financing a landfill gas pipeline which will serve the Fraser Cascade paper mill in Gorham. It is anticipated that the $2.5M project will be 80% funded by an EDA grant and 20% through a NH Business Finance Authority loan to the District.
Public Works Monthly Report
Attached.
Manager's Timekeeping
Attached.
The City Manager also distributed a memorandum from the city auditor Bob Vachon.
Councilor McCue mentioned a request by the downtown business owners to be notified when the contractor begins work on demo.
Councilor Lafleur moved to accept the City Manager’s report; Councilor Poulin seconded and the motion carried.
12. PUBLIC COMMENTS there were no comments
13. COUNCIL COMMENTS
Councilor Lafleur challenged the Council to participate in the Riverfire activities. He noted that the City Manager gave up a Saturday to put up skids out for Riverfire.
He reiterated the City Manager’s report that the City went through 5 judges to get the 155B orders signed and ordered.
Councilor McCue thanked Sylvia Poulin and the Main Street volunteers for cleaning Bickford Lane and sprucing up the former Rite Aid building.
Councilor Poulin stated that he recused himself from going into non-public session and since the matter is now public, he would like a copy of minutes.
14. Mayor’s Report
Mayor Bertrand recommended Gerry Nault be appointed to the Police Commission. Councilor Goudreau moved to accept the Mayor’s recommendation and appoint Gerry Nault to the Police Commission for a 3 year term to end 8/31/2012; Councilor Cayer seconded and the motion carried unanimously
Mayor Bertrand recommended Janet King be appointed to the Cemetery Trustees. Councilor Goudreau moved to accept the Mayor’s recommendation and appoint Janet King to the Cemetery Trustees for a term to expire in August 2012; Councilor Evans seconded and the motion carried unanimously.
15. Proclamation National Alcohol & Drug Addiction Recovery Month
Mayor Bertrand read and signed the proclamation.
Councilor Goudreau moved to accept the Mayor’s Report; Councilor Evans seconded and the motion carried.
16. Adjournment
Councilor Goudreau moved to adjourn; Councilor Evans seconded and the motion carried. The meeting ended at 9:20 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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