PUBLIC HEARING – September 21, 2009
Ordinance 2009-08 Amending Chapter 15 to Add a No Parking Space on Main St near 8th Street. (tabled 9/8/09)
Ordinance 2009-11 Creating a Connecting ATV Trail Through the City of Berlin (tabled 9/8/09)
Ordinance 2009-12 Amending Chapter 17 Zoning: Mt. Forist and Mt. Jasper Overlay Zone (tabled 9/8/09)
Resolution 2009-35 Carrying Over $100,212.26 of Grant Funds for Use in FY 2009-10 (tabled 9/8/09)
Resolution 2009-36 Authorizing a Loan ($1,025,000.);Grant ($2,975,000.) from US RDA for BWW (tabled 9/8/09)
Resolution 2009-37 Authorizing $320,160.00 Application of DOT Transp. Enhancement Funds (tabled 9/8/09)
Resolution 2009-38 Authorizing Grant Application to Rural Development for WWTF Improvements (tabled 9/8/09)
Mayor Bertrand opened and called to order the duly advertised and scheduled public hearing to accept public comments on the above noted ordinances and resolutions at approximately 7:37 p.m.
Lydia Poulin, 45 Jericho Road, is against the ATV Ordinance. She feels it is dangerous due to the many kids in the neighborhood, it is too noisy to keep windows open and is a big safety concern.
There being no one else wishing to speak for or against the above noted ordinances and resolutions, Mayor Bertrand closed the public hearing at approximately 7:45 p.m.
REGULAR CITY COUNCIL MEETING – SEPTEMBER 21, 2009
Mayor Bertrand called the regular City Council Meeting to order at approximately 7:45 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, Goudreau, Cayer and Poulin. Also present: City Manager MacQueen, Mike Perreault, ATV Club members, BHS Civics Class students and the press.
Minutes, Previous Meetings
Councilor Lafleur moved with a second by Councilor Cayer to amend the 9/08/09 disbursement portion of the minutes to now read: $1,393,325.31.00 and to accept the minutes of the 09/08/09 WS & Reg Mtg. as amended and the 9/14/09 WS. So moved, the motion carried.
Disbursements:
It was recommended by the Committee on Accounts/Claims to pay all bills dated 9/04/09–9/23/2009 for a total cash disbursement of $2,991,796.72 Draft #1600. 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: No public comments
OLD BUSINESS:
1. Council Committee Reports. Safety Committee.
Councilor Evans presented the following Safety Committee recommendations. That the bold sections be added to the ATV ordinance and that there will be no ATV’s on City streets when snow is present on pavement and no ATV’s on City streets when the State opens up the snowmobile trails.
Councilor Remillard moved with a second by Councilor Cayer to accept the Safety Committee report and recommendations. So moved, the motion carried.
2. Ordinance 2009-08R1 amending the Code of Ordinances, Chapter 15, Traffic & Vehicles, Article III. Stopping, Standing & Parking, Sec. 15-69 Prohibited at all times in designated places by adding “No Parking” on the west side of Main Street for 40 feet north of 8th Street. (tabled 9/08/09)
Be it ordained by the City Council of the City of Berlin, as follows: That Sec. 15-69. is hereby amended by adding the designation depicted below.
Sec. 15-69. Prohibited at all times in designated places. When signs are erected, or other markings made, giving notice thereof, no person shall park a vehicle at any time upon any of the following streets or parts of streets longer than necessary to load or unload passengers or commodities: Main Street, west side, for forty (40) feet north of 8th Street This Ordinance shall be in full force and effect from and after passage.
Councilor Lafleur moved with a second by Councilor McCue to remove the ordinance, as amended, from the table at this time. So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor McCue to have the ordinance, as amended, read a second time by title only. So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor McCue to pass the ordinance, as amended. Roll call resulted in unanimous affirmative votes including Mayor Bertrand who declared the ordinance, as amended, now passed.
3. Ordinance 2009-11R2 Amending the City of Berlin Code of Ordinances, Chapter 13, Streets, Sidewalks, and Other Public Places, Article I. In General; and Article IV. Parks and Recreation by repealing Division 2. Jericho Lake Park and replacing it with a new Division 2, Operation of Off Highway Recreational Vehicles. (tabled 9/08/09)
WHEREAS, the City of Berlin is centrally located in an active area of All Terrain Vehicle (ATV) use; and
WHEREAS, the Berlin City Council recognizes the importance of connecting the Success Trails on the east side of the City to the Jericho Mountain State Park Trails located on the west side of the City to encourage the growth of ATV activity; and
WHEREAS, the City is aware that allowing ATV use on public ways may result in safety and nuisance issues; and
WHERAS, there is a need to properly regulate the public safety and nuisance potential which may arise from ATV use on public ways; and
WHEREAS, the City's experience with snowmobiles provides considerable experience and assurance that such use of ATV’s in public ways can be safely achieved. Be It Ordained by the City Council of the City of Berlin, as follows:That The City Of Berlin Code Of Ordinances, Chapter 13, Streets, Sidewalks and Other Public Places be amended as follows: That Article I, In General, Sec. 13-11 operations of snowmobiles be deleted in its entirety; Sec.13-12. Use of public sidewalks to now be renumbered Sec.13-11; Secs.13-13--13-25. Reserved to now be renumbered Secs.13-12—13-25 Reserved; and further that Article IV Parks & Recreation, Division 2 Jericho Lake Park be deleted in its entirety and replaced with the following new Division 2 Off Highway Recreational Vehicles.
DIVISION 2. OFF HIGHWAY RECREATIONAL VEHICLES
Sec 13-111. Operation of snowmobiles.
No person shall operate a snow traveling vehicle, which shall mean any vehicle propelled by mechanical power that is designed to travel over ice or snow supported in whole or in part by skis, belts, cleats, or low pressure tires, in or on any street, lane, bridge, alley, sidewalk or other public place in the city except as provided below:
The following exceptions shall be authorized to permit the establishment of a snowmobile trail that will cross municipal property at the base of Mount Jasper, along the outside perimeter fence of the running track proceeding along the Dead River, crossing the southwesterly portion of Memorial Field and permitting the crossing of Hillside Avenue at its intersection of Russell Street and the use of the easterly sidewalk on Hillside Avenue and between the rail crossing and the intersection of Hillside Avenue and Willow Street, then extending through the Dead River Park crossing over Cole Street at the Salvation Army driveway entrance to the easterly sidewalk on Cole Street being restricted to use the sidewalks to access the municipal parking lot east of Cole Street and service stations along Green Street.
The following exception shall be authorized to permit the establishment of a downtown snowmobile trail on the sidewalk on the south side of East Mason Street from the rail road bed at East Mason Street to the west crossing Unity Street and continuing along the south side sidewalk crossing both Mason Street Bridges to Main Street, crossing Main Street and continuing along the south side sidewalk of Mason Street to Pleasant Street, crossing Pleasant Street and continuing along the south side sidewalk of Mason Street to the southeast corner of Cole Street, turning south and continuing along the east side sidewalk of Cole Street to York Street, crossing York Street and continuing along the east side sidewalk of Cole Street to the point on the east side sidewalk of Cole Street immediately across the street from the entrance of the Dead
River Park.
The following exception shall be authorized to permit the establishment of a branch of the aforementioned snowmobile trail which departs from the south side sidewalk of Mason Street at the Tondreau Parking Lot entrance and continues through the parking lot to the pedestrian bridge between the parking lot and the Public Service of New Hampshire Park on the Tondreau Peninsula, continuing across Public Service of New Hampshire park land to the Smith Hydro station at Glen Avenue, continuing across Glen Avenue to the Glen Avenue Park to a location between the gazebo and the tennis courts.
The following exception shall be authorized to permit the establishment of a snowmobile trail from the rail road bed as it intersects with the south side sidewalk of Coos Street, continuing east on the south side of Coos Street to Champlain Street, crossing Champlain Street and continuing on the south side of Coos Street to Burgess Street, crossing Burgess Street and continuing on the south side of Coos Street to Hillsboro Street, crossing Hillsboro Street and continuing on the south side of Coos Street to the intersection of Hutchins Street, crossing Coos Street from a point directly across from the south end of the Hutchins Street sidewalk at Coos Street, continuing northerly along the east side of Hutchins Street to the Dummer Yard and connecting to the State trail system at this location. Said trail shall travel over portions
of the sidewalk and/or paved shoulder areas along Coos Street and Hutchins Street and shall cross all intersecting streets along Hutchins Street.
The speed limit on these ‘exception’ snowmobile trails is 10 mph. (Ord of 9-21-09)
Complaints regarding snowmobile use of these trails shall be received by the Traffic Safety Committee, which may recommend changes to the Council. The Council shall have the power to change the times of such snowmobile use by vote without amendment to this ordinance
(Code 1977, § 6:801; Ord. of 12-14-92; Ord. of 11-29-93; Ord of 11-15-04)
Sec. 13-112. Operation of ATV's
No person shall operate an ATV, as defined by NH RSA 215-A:1, in or on any street, lane, bridge, alley, sidewalk or other public place in the city except as provided below:
In addition to the public trails at Jericho Mountain State Park, the following is an authorized municipal public ATV trail within the City of Berlin:
ATV Connector Trail - This authorized municipal trail runs from the Jericho Mountain State Park where it crosses a private road on property located at Map 410 Parcel 3 and Map 107 Parcel 5 currently owned by Allen Bouthillier and Edward Nash, respectively. The trail then enters Route 110 opposite the Lessard Farm Road and follows Route 110 southeasterly as it changes from Jericho Road to Wight Street and finally to Third Avenue. The trail continues to follow Third Avenue to Mannering Street and follows Mannering Street to Second Avenue to Hillside Avenue. The trail follows Hillside Avenue, for a short distance to just southwest of 4 Hillside Avenue (Valley Creek Eatery)
Map 119, Parcel 261) where the trail crosses into the Dead River Park Dead River Park or alternatively, to York Street (determined by how the trail is actually marked and signed) where it continues easterly to Cole Street. In the park the trail follows southeasterly to the southeast end of the Dead River Park. The trail then turns left onto Cole Street and follows a northeasterly direction to Mason Street where it follows Mason Street southeasterly to East Mason Street where it continues southeasterly to Hutchins Street where it follows Hutchins Street northeasterly to Success Pond Road where it follows Success Pond Road to the Berlin/Success line.
In places where the ATV Connector Trail authorized above follows City streets, the trail is so designated with green diamonds on the pavement, ATV signage and markings, which must be obeyed by the ATV operator.
The ATV Connector Trail shall not be open and usable until it is properly marked and signed as determined by the Police Chief.
Where an ATV operator is operating on the above designated trail on City streets and encounters an ATV stop sign, the operator must come to a complete stop, on the right, off of the pavement before proceeding.
ATV users in the City must abide by all State and City laws when on designated trails on City streets and must abide by all motor vehicle traffic laws.
The speed limit for ATV operators when operating on the designated trail on City streets is 25 mph.
ATV's must yield to pedestrians at all times and must, when on the designated trail on City streets, yield to vehicular traffic.
ATV operators, when operating on the designated trail on City streets, shall ride single file on the extreme right portion of pavement (not gravel shoulders) except when preparing to make a left turn.
ATV operators shall not leave the designated trail within the City except as may be specifically otherwise provided herein. A specific exception shall be that an ATV operator may leave and return in the shortest possible route to the designated trail at the intersection of East Mason and Hutchins Streets to cross the intersection to the fueling facility across that intersection, and further that an ATV operator may leave and return in the shortest possible route to the designated trail at the intersection of Cole and York or Cole and the Dead River Park to travel no more than a block and a half to the fueling facilities at the intersection of Green and Pleasant Streets.
Under no circumstances will any part of the ATV Connector Trail on a city street be open and used by any ATV operator when there is snow on the street pavement, and under no circumstances will any part of the ATV Connector Trail on a city street be open and used by any ATV operator when the State opens the in-town snowmobile trails.
All ATV's operating on designated trails on City streets must have working head and tail lights.
Complaints regarding ATV use of these trails shall be received by the Traffic Safety Committee, who may recommend changes to the Council. The Council shall have the power to change the times of such ATV use by vote without amendment to this ordinance. (Ord. of 9-21-09) Secs. 13-113 – 13-120. Reserved. This Ordinance shall be in full force and effect from and after passage.
Councilor Cayer moved with a second by Councilor Poulin to remove the ordinance from the table at this time. So moved, the motion carried.
City Manager MacQueen read the following amendments to the 2009-11R1 ordinance to now be named 2009-11R2:
. Sec.13-112, third paragraph any reference to southwesterly be changed to southeasterly.
. Add a new 5th paragraph “The ATV Connector Trail shall not be open and usable until it is properly marked and signed as determined by the Police Chief.”
. Eleventh paragraph add “A specific exception shall be that an ATV operator may leave and return in the shortest possible route to the designated trail at the intersection of East Mason and Hutchins Streets to cross the intersection to the fueling facility across that intersection, and further that an ATV operator may leave and return in the shortest possible route to the designated trail at the intersection of Cole and York or Cole and the Dead River Park to travel no more than a block and a half to the fueling facilities at the intersection of Green and Pleasant Streets.
Under no circumstances will any part of the ATV Connector Trail on a city street be open and used by any ATV operator when there is snow on the street pavement, and under no circumstances will any part of the ATV Connector Trail on a city street be open and used by any ATV operator when the State opens the in-town snowmobile trails.”
Councilor Cayer moved with a second by Councilor Poulin to amend the ordinance with the 2009-11R2 ordinance revision as stated by the City Manager. So moved, the motion carried.
Councilor Landry wanted to go on record that he is concerned about safety on Route 110 and would like Council to talk to the landowners again to try to keep the trail in the woods. He suggested that Council could leave the ordinance on the table until more work is done to the ordinance. Although he does not want to delay the project, he feels the ordinance as written adds too much confusion and needs more work.
Mayor Bertrand commented that the local press has been asked to publicize the fact that the trail is not open until the signs are up. He assured Councilor Landry that Council will continue to try to talk to the landowner.
Councilor Cayer moved with a second by Councilor Poulin to pass the ordinance, as amended. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand with the exception of Councilor Landry who voted no. Mayor Bertrand declared the ordinance, as amended, now passed.
4. Ordinance 2009-12 amending the CODE OF ORDINANCES, Chapter 17 Zoning, ARTICLE XIV Natural Resource Overlay Zones, Sec 17-148 Overlay Zones and Boundary Lines by adding 1e. Mount Forist and Mount Jasper Overlay Area and Sec. 17-154 adding Mount Forist and Mount Jasper Overlay Area (tabled 9/08/09) Be it ordained by the City Council of the City of Berlin, as follows: That Article XIV.Natural Resource Overlay Zones is hereby amended to add Mount Forist and Mount Jasper Overlay Area.
Sec. 17-148. Overlay Zones and Boundary Lines
1. The following natural resource overlay zones are included in this Article:
a. Wellhead Protection
b. Wetlands
c. Steep Slopes
d. Special Flood Hazard Area
e. Mount Forist and Mount Jasper Overlay Area
Sec. 17-154. Mount Forist and Mount Jasper Overlay Area
This provision is to promote development as allowed by the Rural Residential Zone of this ordinance as well as protect the natural environment of the community. These two important landmarks have been identified by the community as important natural features and the intent of this section is to maintain their local importance while balancing the demands for development on either of these mountains.
1. Any development plans within the Mount Forist or Mount Jasper Overlay Area shall be submitted to the Planning Board for review. The bounds of the overlay area are shown on the map on the following page.
2. Any development on either mountain within the zone shall not be visible above the tree line unless the applicant receives a waiver from the Planning Board.
Any development plan shall be constructed in a manner that is consistent with the natural environment of the property. This Ordinance shall be in full force and effect from and after passage
Councilor McCue moved with a second by Councilor Lafleur to remove the ordinance from the table. Councilor Goudreau voted no. So moved, the motion carried.
Councilor Goudreau commented that although he supports the Overlay Ordinance for Mt. Forist, he does not feel we should be specify Mount Jasper since the City owns that land. It could potentially have a negative effect on future land sale.
The City Manager replied the intent of the Planning Board is to be consistent no matter who owns the land.
Councilor McCue moved with a second by Councilor Lafleur to have the ordinance read a second time by title only. Councilor Goudreau voted no. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Lafleur to pass the ordinance. Roll call resulted in unanimous affirmative votes including Mayor Bertrand with the exception of Councilor Goudreau who voted no. Mayor Bertrand declared the ordinance now passed.
5. Resolution 2009-35 carrying over $100,212.26 of Grant Funds for the year ended June 30, 2009 which are not yet expended from the previous fiscal year. (tabled 9/08/09)
Resolved by the City Council of the City of Berlin as Follows
That the following grant funds for the year ended June 30, 2009, be carried over as described below:
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 McCue to have the resolution read a second time by title only. So moved, the motion passed.
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.
6. Resolution 2009-36 Rescinding Resolution 2009-30 and hereby 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 9/08/09) 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, Twenty-Five Thousand 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:
1. 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
2. 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) ).
3. 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 $10,000.00.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition.
10. 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.
11. To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. Rescinding Resolution 2009-30.
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 at this time. So moved, the motion carried.
Councilor Goudreau moved with a second by Councilor Evans to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor Goudreau to pass the resolution. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution now passed.
7. Resolution 2009-37 authorizing the City Manager to apply to the Regional Transportation Enhancement Program for funding in the amount of $320,160.00 for the enhancement portion of the Hutchins Street rehabilitation. (tabled 9/08/09) Resolved by the City Council of the City of Berlin as Follows:
Whereas, the City Council recognizes, in order for transportation enhancement projects to be funded by NH Department of Transportation, they must be applied for through the Regional Transportation Enhancement Program (TEP); and
Whereas, Hutchins Street (otherwise known as the East Side Arterial) is the main truck route in the City and is heavily used by pedestrians, bicyclists and OHRV's; and
Hutchins Street, because it was built on bark piles is impossible to repair and must be completely rebuilt, providing the opportunity to completely separate the rebuilt highway from the pedestrian/bicycle/OHRV trails dramatically improving safety and making these trails a very attractive place to walk or ride.
Whereas the engineering design of this project includes a pedestrian walkway, bicycle path with safety buffers and landscaping to reduce exposure to vehicular traffic; and
Whereas, the State of New Hampshire would fund eighty-percent (80%) of this project with available Federal funds; and
Whereas, the City Council recognizes that the estimated cost of this project is $2.3M for which the City has obtained $800,000 in Federal funds and with the additional $320,160.00 from the TEP fund, the project could be completed for approximately $1.18M in City funds. Now Therefore be it Resolved By the City Council of the City of Berlin that the City Manager is authorized to apply to the Regional Transportation Enhancement Program for funding in the amount of $320,160.00 for the enhancement portion the Hutchins Street rehabilitation and is authorized to do all things necessary to effectuate the grant and further that funds are hereby appropriated for the intended use. This Resolution shall be in full force and effect from and after passage.
Councilor Poulin moved with a second by Councilor Cayer to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Poulin moved with a second by Councilor Cayer to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Poulin moved with a second by Councilor Cayer to pass the resolution. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution now passed.
8. Resolution 2009-38 Authorizing the City Manager to apply for a Federal Rural Development grant and loan from the US Department of Agriculture to be used to assist in the upgrading of its Wastewater Treatment Facility and Ancillary Wastewater Collection System Improvements and to authorize acceptance, appropriation and expenditure of these funds. (tabled 9/08/09)
Resolved by the city Council of the City of Berlin as follows:
WHEREAS, the City of Berlin is eligible to submit an application to the United States Department of Agriculture for a Rural Development grant and loan; and
WHEREAS, the City of Berlin has conducted a Comprehensive Plant Evaluation in 2002 of the existing Wastewater Treatment Facility (WWTF) and sewage pump stations, a preliminary design of Phase 2 improvements to the WWTF in 2008, and an Infiltration and Inflow study in 2007 in conjunction with the extension of sewer out to East Milan Road and additional growth expected within the City; and
WHEREAS, the existing Wastewater Treatment Facility and sewage pump stations and sewer mains have reached their design life; and
WHEREAS, the City is on notice from the New Hampshire Department of Environmental Services (NHDES) that the WWTF has reached 80% of its design capacity and must apply to NHDES for any new sewer connections; and
WHEREAS, upgrading the WWTF, collectors and ancillary facilities will increase the treatment capacity of the facilities and reduce extraneous infiltration and inflow into the system and therefore prevent additional and possibly reduce combined sewer overflows to the Androscoggin River; and
WHEREAS, without this grant and loan assistance, the cost to upgrade and improve the wastewater facilities will place an unreasonable and excessive financial burden on the sewer users in Berlin,
Now Therefore Be It Resolved by the Mayor and Council of the City of Berlin that the City Manager is hereby authorized to apply for a federal Rural Development grant and loan from the United States Department of Agriculture to be used to assist in the upgrading of its Wastewater Treatment Facility and ancillary Wastewater Collection System Improvements; and further the City Manager is hereby authorized to accept such grant and loan and to sign all documents and do all things necessary to carry out the grant and loan, and finally that such grant and loan are hereby appropriated for use. This Resolution shall be in full force and effect from and after passage.
Councilor Evans moved with a second by Councilor Cayer to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Evans moved with a second by Councilor Cayer to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Evans moved with a second by Councilor Cayer to pass the resolution. Roll call resulted in unanimous affirmative votes including Mayor Bertrand who declared the resolution now passed.
NEW BUSINESS
9. Resolution 2009-33 dedicating the highway from Glen Avenue to East Mason street to pay special tribute to Sergeant Randy Scott Rosenberg. (1st read)
Councilor Poulin moved with a second by Councilor Remillard to table the resolution and schedule a public hearing on Monday, October 5. So moved, the motion carried.
10. Resolution 2009-34 renaming Unity Street and a portion of Coos Street to Hutchins Street. (1st read)
Councilor Poulin moved with a second by Councilor Cayer to table the resolution and schedule a public hearing on Monday, October 5. So moved, the motion carried.
11. Resolution 2009-39 standardizing pumps in accordance with Section 2-247 of the City of Berlin’s Procurement Ordinance. (1st read)
Councilor Cayer moved with a second by Councilor Poulin to table the resolution and schedule a public hearing on Monday, October 5. So moved, the motion carried.
12. City Manager’s Report
Downtown 155B Orders
The northern abutter to the northern burnt out Kandel property has retained counsel and last week Andre Caron and I met with him to discuss how the joint wall between the two properties might best be handled. That attorney will be talking with the engineer also retained by this property owner about how that might best be handled in a demolition. That is the biggest unknown with cleaning up the northern property at the moment. We are applying for property specific Neighborhood Stabilization Program (NSP) funding for the clean up of these properties. That approval has not yet been received but we expect it shortly. The southern property will be put out to bid first and be cleaned up first since it does not have these types of complications on it. Once that is clean, it can serve as a staging area for the clean up of the northern
piece. We expect to have the southern piece out to bid within the next ten days.
Watson Street Demolition Bids
We had a record high of 12 bids for this demolition of the property right next to the Watson Street Pump Station. Spears Brothers from Laconia was the low bid in the amount of $8,700 and was awarded the contract. The highest bid was $25,000. This work should begin any time.
Notre Dame Clean Up
The clean up contractor Marcor will begin mobilization for the Notre Dame clean up probably this week. The job should be completed within three weeks removing another blight from a prominent Berlin location.
Library Court Yard
You may have noticed that the building just south of the Library has been razed and a solid foundation has been built up where that building stood. This foundation floor will be turned into a mini-courtyard with benches and an attractive architectural fence.
Brownfield Coalition
The Brownfield Coalition Committee met at NHDES in Concord and approved five sites in Berlin for Phase II Environmental studies. These sites were selected as part of our $200k Brownfield Coalition Grant application which has been funded. The sites are St. Joseph's School, Bartlett School, 102 Granite Street, Dummer Yard and 49 Gilbert Street.
TIGER Grant Submission
The $44.4M grant application for TIGER Funds to rebuild and properly maintain the street infrastructure in Berlin, Gorham, Shelburne, Dummer, Milan, Colebrook and Rt. 16 to Errol and Rt. 26 to Colebrook has been completed and submitted. It became quite a project toward the end taking a good bit of the City Planner's and my time to provide information to the grant writers that they needed to make the case for the grant. It was submitted on the deadline day of September 15th. Now we are proceeding to make sure that the Federal Delegation follows up with its support of the application. Keep your fingers crossed.
Rural Development Grant Submission
We are also working on finalizing the grant application to USDA Rural Development for funds to assist with the updating of the WWTF and its ancillary systems both because the plant is at an age where many of its basic systems have lived their useful life and also to be able to handle the new load from the new Federal Correctional Institution as well as normal growth. This application has to be in this month. Rural Development funding usually comes in the form of a loan and a grant. If we are lucky enough to receive a funding award, we are hoping that we will get at least half grant and half loan as we are not really after a loan but definitely need the grant funding.
Six Year CIP and Bond Program
The six year Capital Improvement Program is going back out to Departments for another review before we bring back the proposed program to the Mayor and Council for its final review. The requirements of the two bond issues we are trying to set up have led to some significant changes in the CIP which Departments need to have the chance to look at it before things become more finalized.
NH Labor Department Inspections of City Buildings
We are in the process of having some inspections from the NH Department of Labor which is checking all of our buildings for safety hazards and those types of issues. They check to make sure we have an operating Joint Loss Management Committee and that it meets and reviews all accidents and the like.
NHDOT Ten Year Plan Hearing
Jericho Mountain State Park Trail Map
Attached hereto is the latest map provided by Chris Gamache of the trail system as it is developed to date of Jericho Mountain State Park. You can get to this map on the City's Web Site by going to the link for Jericho Mountain State Park where the trail map is listed there in Adobe format.
Councilor McCue asked the City Manager what was the schedule for the Downtown 155-B Order? The City Manager replied that they are collectively looking at maybe a month.
Mayor Bertrand inquired whether or not the NH Dept. of Labor had inspected City buildings in the past. The City Manager replied that it is not every year but is standard for all municipalities in the state.
Mayor Bertrand encouraged all to attend Thursday’s NH DOT Highway Ten Year Plan Meeting at City Hall at 7:00 p.m.
Councilor Lafleur moved with a second by Councilor McCue to accept the City Manager’s Report and place it on file. So moved, the motion carried.
13. Public Comments No Public Comments
14. COUNCIL COMMENTS
Councilor Evans attended the Tri-County Cap Teen Center open house at the St. Barnabas Church Hall. It is a drop in after school center which provides a great contribution to our community.
Councilor McCue thanked the Fire Department for their quick response to last week’s fire. He is disturbed that Channel 9 News said that all Berlin fires require the State Fire Marshall to investigate. He acknowledged that it was World Alzheimer’s Day and thanked the many caregivers involved.
Councilor Lafleur acknowledged the BHS Civics Class students who attended tonight’s meeting. He also thanked the Fire Department for taking care of the last fire.
Due to the many recent fires, Mayor Bertrand has a heightened awareness of his surroundings and encouraged everyone to be on the lookout for anything out of the ordinary in their neighborhoods.
Councilor Cayer thanked the Mayor and Council for passing the ATV Ordinance tonight. He said this has been the work of many people to get to this point and many more volunteers are needed. Councilor Cayer invited all to join the local ATV Club or to help out in any way they can. He reiterated that the trail will not be open until the signs are in place. Public education is very important and they plan to have several informational public meetings. A ribbon cutting ceremony is being planned once the trail opens with state and local officials to be invited. An OHRV parade is also being planned since it would be a way to get media coverage to let people know that Berlin is a great recreation destination.
Councilor Goudreau reported that the filing period for the November Municipal Election began today. Although he is not planning to run for reelection, he encouraged Ward 3 citizens to come forward.
15. Mayor’s Report.
Mayor Bertrand thanked Barbara Tetreault for asking him if he would seek reelection. He replied that he probably would not run. Due to that article, he received numerous calls from citizens asking him to reconsider running for a second term. Those phone calls and the fact that there are many positive signs that new things are happening in Berlin convinced him to sign up for another term. He did so first thing this morning.
Mayor Bertrand then gave Council and the City Manager a copy of a letter he recently mailed to the NH PUC. In his letter addressed to Mr. Thomas Getz, he goes on record as requesting that the NH PUC address the issue of Docket DE09-067 regarding the Clean Power Development Project proposed for the City of Berlin.
Councilor Lafleur moved with a second by Councilor McCue to accept the Mayor’s oral and written report and place them on file. So moved, the motion carried.
16. Adjournment: There being no further business before the Mayor and Council at this time, Councilor Cayer moved with a second by Councilor Goudreau to adjourn the regular meeting. So moved, Mayor Bertrand declared the Regular Meeting adjourned at approximately 8:47 p.m.
A True Record, Attest:
Debra A. Patrick, CMC
City Clerk
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