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City Council Minutes 10/05/2009 Regular Meeting
PUBLIC HEARING – October 5, 2009

. Resolution 2009-33 Dedicating the Highway from Glen Avenue over the Cleveland Bridge to East Mason Street as Rosenberg Memorial Highway (tabled 9/21/09)
. Resolution 2009-34 Renaming Unity Street to Hutchins Street (tabled 9/21/09)
. Resolution 2009-39 Standardizing Pump Station Pump Procurement (tabled 9/21/09)

Mayor Bertrand opened and called to order the duly advertised and scheduled public hearing to accept public comments on the above noted resolutions at approximately 7:32 p.m.

Henry Sanschagrin, currently living in Gorham, was born in Berlin and lived on the East Side most of his life.  He has no problem with the Dedication of the Highway to Randy Rosenberg Resolution.  He is concerned about the Resolution renaming Unity Street to Hutchins Street.  He asked Council why, and what brought this on?  Berlin has lots of history and many East Side streets were named after New Hampshire Counties.  Mr. Sanschagrin then inquired how many people will be affected by this change.  He is sure it will not personally affect the mayor or council members.  Businesses, like The Depot and tenants in the area will be affected.  He added that this change will create confusion, not to mention the expense of changing City street signs, maps, etc.  He concluded that it is not right.

Mayor Bertrand replied that the main reason is to simplify the E911 response.  Council had a discussion about potentially renaming up to Hutchins Street but too many people would have been affected.  The way the resolution now reads, fewer people will be affected.  The Big Apple and Eastern Depot will be affected.  The change is just for the lower portion to Hutchins Street.

Councilor Landry grew up in that area and it has sentimental value to him.  He does not feel this is taking away Berlin’s heritage.  Council took all that into consideration when they drafted the change.

Councilor Lafleur explained that the resolution is the matter of a lifeline to make it simpler for emergency purposes.  A lot of thought and reasoning went behind the decision because Council also does not want to lose our heritage.  Public safety is the goal here.

There being no one else wishing to speak for or against any of the above noted resolutions, Mayor Bertrand closed the public hearing at approximately 7:41p.m.  

REGULAR CITY COUNCIL MEETING – OCTOBER 5, 2009
Mayor Bertrand called the regular City Council Meeting to order at approximately 7:41 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, and Cayer.  Councilors Goudreau and Poulin were absent.  Also present: City Manager MacQueen, Andre Caron, Randy Rosenberg family members, BHS Civics Class students and the press.

Minutes, Previous Meetings   
Councilor Lafleur moved with a second by Councilor McCue to accept the minutes of the 09/21/09 WS & Reg Mtg. and the 9/28/09 WS.  So moved, the motion carried.

Disbursements:
It was recommended by the Committee on Accounts/Claims to pay all bills dated 9/24/09–10/07/2009 for a total cash disbursement of $1,744,551.95 Draft #1601. Councilor Remillard moved with a second by Councilor Landry 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:

  •         Council Committee Reports.  No Reports.
  • Resolution 2009-33 dedicating the highway from Glen Avenue to East Mason Street to pay special tribute to Sergeant Randy Scott Rosenberg.  (tabled 9/21/09)
Resolved by the City Council of the City of Berlin as follows:
  
Whereas, Randy Scott Rosenberg joined the United States Army in September 1998, after graduating from Berlin High School; and

Whereas, Randy served a second tour of duty in the Middle East, having served previously in Kuwait; and

Whereas, Randy Scott Rosenberg, Army SSG, B Company, 1st Battalion, 9th Calvary, Fort Hood, Texas give his last full measure for our nation when an explosive device detonated near his military vehicle in Iraq during Operation Iraqi Freedom; and

Whereas, memories of this young patriot will last forever with those who were fortunate enough to have had the opportunity to know him.  Now therefore, be it resolved that in honor, reverence and gratitude of Sgt. Randy Scott Rosenberg, the section of highway from Glen Avenue to East Mason Street is hereby dedicated to Sgt. Rosenberg and shall be marked with appropriate signage. This resolution shall be in full force and effect from and after passage.

Councilor Lafleur moved with a second by Councilor Evans to remove the resolution from the table at this time.  So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor Evans to have the resolution read a second time in its entirety.  So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor Remillard to pass the resolution.  Roll call resulted in unanimous affirmative votes including Mayor Bertrand who declared the resolution now passed.

  • Resolution 2009-34 renaming Unity Street and a portion of Coos Street to Hutchins Street.  (tabled 9/21/09)   Resolved by the City Council of the City of Berlin as follows:
Whereas, the primary north-south road on the east side of Berlin currently has four street names along one continuous stretch of roadway; and

Whereas, renaming these two small portions of street segments to Hutchins Street will make it easier for those unfamiliar with the community to find their way to their destination; and

Whereas, the State E911 staff has recommended the City correct these street name conflicts.  Now therefore, be it resolved by the City Council of the City of Berlin, that the following portions of Unity Street are hereby renamed to Hutchins Street:  from East Mason Street to Coos Street; and Coos Street from Unity Street to where it diverges from Hutchins Street.   This resolution shall be in full force and effect from and after passage.

Councilor Lafleur moved with a second by Councilor Cayer to remove the resolution from the table at this time.  So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor Cayer to have the resolution read a second time in its entirety.  So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor Cayer to pass the resolution.  Discussion:

Councilor Evans asked how Unity Street was named and is there historical value to that name?  No one came up with any historical value at this time.

Councilor Lafleur reminded the Council that they agreed to keep Unity Park named as Unity Park with no changes.

The City Clerk then called the Roll which resulted in unanimous affirmative votes including Mayor Bertrand who declared the resolution now passed.

4.      Resolution 2009-39 standardizing pumps in accordance with Section 2-247 of the City of Berlin’s Procurement Ordinance. (tabled 9/21/09) Resolved by the City Council of the City of Berlin as follows:

WHEREAS, the City of Berlin has a policy of competitive purchasing practices wherever practical; and

WHEREAS, the City's purchasing policy recognizes that in some cases, there is a need for standardization on the purchase of some specialized items; and

WHEREAS, the procurement of pumps is one area where such standardization of equipment is very important because of the need to have direct replacement pumps for the existing Armory and Dairy Bar pump stations eliminating the need for alteration to the pump stations and piping to accept a different make of pump.  Now Therefore Be It Resolved that the City will standardize on ITT Flyght Pumps with respect to the purchase of pumps for the pump stations that are currently equipped with ITT Flyght Pumps with the understanding that reasonable effort will be made to obtain competitive pricing on the standardized ITT Flyght Pumps when purchasing such equipment.  This Resolution shall be in full force and effect from and after passage.

Councilor Remillard moved with a second by Councilor Landry to remove the resolution from the table at this time.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Landry to have the resolution read a second time by title only.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Landry to pass the resolution.  Roll call resulted in unanimous affirmative votes including Mayor Bertrand who declared the resolution now passed.

NEW BUSINESS   

5.      Resolution 2009-40  Authorizing the Berlin Police Commission to apply for and accept $10,019.00 in grant funds from the US Department of Justice (1st read)
Councilor McCue moved with a second by Councilor Lafleur to table the resolution and schedule a public hearing on October 19, 2009.  So moved, the motion carried.

6.      Resolution 2009-41 Authorizing the Berlin Police Commission to accept Four Thousand, Nine Hundred Thirty-One Dollars ($4,931.00) in drug forfeiture funds from the Drug Enforcement Administration and appropriating such funds to the Police Department.  (1st read/rules suspended)   Resolved by the City Council of the City of Berlin as follows:

Whereas, the Berlin Police Department participated in activity that resulted in the forfeiture of assets; and

Whereas, the Berlin Police Department is eligible to receive a share of this forfeiture.  Now Therefore Be It Resolved by the City Council of the City of Berlin, NH, that the Berlin Police Commission is authorized to accept funds in the amount of $4,931.00 from the Drug Enforcement hereby appropriates these funds to the Berlin Police Department.  This Resolution shall be in full force and effect from and after passage.

Councilor McCue moved with a second by Councilor Remillard to have the resolution read a second time by title only.  So moved, the motion carried.
Councilor McCue moved with a second by Councilor Remillard to suspend the rules of Council to send the resolution onto its final passage. Roll Call resulted in unanimous affirmative votes.  So moved, the motion carried.
Councilor McCue moved with a second by Councilor Remillard to pass the resolution.  Roll call resulted in unanimous affirmative votes including Mayor Bertrand who declared the resolution now passed.

7.      City Council to set Polling Hours for the November 3, 2009 Municipal Election

Councilor McCue moved with a second by Councilor Remillard to set the Polling Hours for the November 3, 2009 Municipal Election from 8:00 a.m. until 7:00 p.m.  So moved, the motion carried.     

8.      City Manager’s Report

Downtown 155B Orders
The cleanup bids for the southern parcel of the burnt out downtown properties have been advertised.  The bid opening is October 19, 2009. In the last report, I indicated we were waiting for approval to use Neighborhood Stabilization Program funds for this cleanup. That approval has been obtained. Previously, I reported that the northern abutter had retained counsel to assist with the problems which must be resolved between that property owner and Heinrich Kandel who owns the two burned properties. That attorney has been un-retained and now it will be up to the two property owners to work out the resolution of the issues of the joint wall that they share in the demolition of that wall.

Watson Street Demolition
The demolition of the building next to the Watson Street Pump Station got underway today. It is a project that requires continual wetdown of the premises to keep contaminated dust from flying around. Fortunately, with the weather we have been having that shouldn't be too much of a problem.

ATV Meeting
Last Wednesday, people involved in implementing the new cross-town ATV trail met to try to finalize plans for the implementation. The next meeting is scheduled for October 14th to hopefully make plans for a ceremonial grand opening with the idea that such an opening will occur at the end of the month.

NHDOT Meeting on Rt. 110 Phase II
On Thursday October 1st, City Planner Laflamme and I attended another of the historical meetings on Rt. 110 Phase II with respect to the so-called historical mitigation which must be done because of the project's removal of properties. Each of these meetings is an eye opener on how people who live in a different world can look at an issue. It is difficult to get these people to even talk or think about the ridiculous costs they are proposing such as 'documenting' each removed home to the tune of $20,000 each. While it is clear that the Federal Law requires mitigation of the impact of the loss of the 'historic' structures, some of the ideas such as appropriate landscaping which add to the project make sense, but others such as this type of over extensive 'documentation' makes no sense at all.

Assessing RFP
After five years with Avitar as the City's assessor it is time to do another beauty contest to determine the next contractor for this function which will begin as of July 1, 2010. We have begun work on this process and expect to have it advertised within the next month.

Fire Station Grant
The Town of Londonderry received the only stimulus funding for the construction of new Fire Station facilities under the so-called stimulus funding. We will try to get a copy of their application but my guess is that it will boil down to the fact that  we didn't have any architectural or engineering plans prepared for the project which means we weren't "shovel ready" which is the big emphasis in all the stimulus funding. Generally, it is the more affluent towns which are in the "shovel ready" position because they have already prepared the plans and were in a position to build the project without the stimulus funding.

Rural Development Grant Submission
The Rural Development grant application we had been working on was submitted to Rural Development in Concord on Friday September 25th. This is to try to obtain funding assistance in making long overdue improvements to the City's WWTF which were necessary even before the advent of the BOP FCI, but are even more necessary with that facility projected to come on line in late 2010. We will be meeting with RD and State officials in Concord on the 21st to go over the application.

Weekend Events
All the events this weekend seemed to get off OK despite the on and off again miserable weather. Homecoming and the Lumberjack Festival had the best of in terms of weather. RiverFire had drizzle off and on for most of the afternoon. We were in retrospect lucky to be able to get the fires off before the real downpour started, which was about fifteen minutes after the fires had died down. Darting in and out among rainfalls seems to be becoming an annual ritual.

School Board Meeting with Milan and Dummer
Attached is a notice from Superintendent Cascadden of a Berlin School Board meeting with the Milan and Dummer School Boards at the Berlin High School Library on October 6, 2009 at 6pm. The Mayor and Council are invited to attend this meeting.

PW Monthly Report       Copy available at City Manager Office
Manager's Time Keeping  Copy available at City Manager Office

Councilor McCue is pleased the City is moving ahead with 155B at the downtown Main Street site.  He asked the City Manager to give the local businesses in that area a heads-up when the work begins.

Councilor Remillard got a call from a constituent residing on Route 110 saying they got a letter telling them that they could each hire their own appraiser?  She inquired whether or not that was true.  

The City Manager is not aware of any such letter which must have come from the state.  He asked Councilor Remillard if she could bring him a copy of the letter to review.

Mayor Bertrand mentioned that the ATV trail will not open till signs are in place which should hopefully be at the end of the Month.

Councilor Cayer replied they will know more next week since there are several projects going on.  They had a good turnout at their last meeting and it was very productive.

Mayor Bertrand commented about the Route 110 Project with each structure deemed historical if it was 50+ years or older for a cost of about Twenty Thousand Dollars for historical documentation.

The City Manager said eight structures fall into that category but it is not finalized.  Landscaping, the expense of moving structures or the incentive to property owners to rehab their properties are some things considered but objectionable.  To spend serious money to write up documentation which will not be read by a lot of people is ridiculous.

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.

9.      Public Comments    

Bobby Rodrigue, 324 Main Street, on behalf of the Randy Rosenberg Family, thanked the Mayor and Council for the full reading and passage of tonight’s Resolution.  They look forward to attending the  dedication.

10.     COUNCIL COMMENTS

Councilor McCue thanked all who signed up and are currently running for reelection.  It is an important step and people need to continue to be involved.

11.     Mayor’s Report.

Mayor Bertrand echoed Councilor McCue’s comments and thanked all who filed to be optimistic things can continue.  All incumbents filed except Councilor Lafleur who served eleven years.  Accolades go out to Councilor Lafleur who will continue to serve next 3 months.  Other candidates put their names in the race and competition will make for lively debates.  The Mayor encouraged citizens to study where candidates stand on various issues in the City.

Last meeting, the Mayor circulated a letter addressed to the PUC requesting action of the Clean Power Biomass Facility docket.  PSNH is currently not willing to discuss anything with them although Clean Power is shovel-ready.  He asked the PUC to look into why PSNH won’t provide them with power.  The Mayor did not receive an appropriate response from them.  He encouraged all citizens to send a letter asking the PUC to take action regarding the Clean Power Biomass Facility Docket #DE09-067.  This has the potential to be a good project for Berlin.  

Councilor McCue moved with a second by Councilor Remillard to accept the Mayor’s oral report and place it on file.  So moved, the motion carried.

12.     Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Remillard moved with a second by Councilor Landry to adjourn the regular meeting.  So moved, Mayor Bertrand declared the Regular Meeting adjourned at approximately 8:20 p.m.

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