Work Session
November 2, 2009
Present were Mayor Bertrand, Councilors Evans, Cayer, McCue, Poulin, Remillard Landry and Lafleur; absent was Councilors Goudreau. Others present included Mike Caron, Pete Morency, Pamela Laflamme, Jon Edwards, Patrick MacQueen, Eric Eisele, Berlin Reporter and Barbara Tetreault, Berlin Daily Sun and public.
Work Session
Mayor Bertrand opened the work session at 6:30 p.m.
Mayor Bertrand noted that Clean Power exercised their option to purchase the land adjacent to the waste water treatment plant over the weekend and they provided a letter of execution and check to the City.
Memorandum of Understanding
Mayor Bertrand reminded the Council that they agreed to have the City Attorney review a memorandum of understanding asking the City to work together with Clean Power, Simply Green LLC, the University of NH, and Baetel Corporation to research a commercial algae facility in Berlin. The city attorney suggested additional language which was incorporated in the MOU and puts the City in a position for Mayor Bertrand to sign the MOU on behalf of the City.
Councilor Cayer moved to authorize Mayor Bertrand to sign the MOU; Councilor Poulin seconded and the motion carried unanimously. Signatories have signed in blue to distinguish the original.
Traffic Safety Recommendations
Speed Limits. Councilor Evans reported that the Traffic Safety Committee reviewed the speed limit for route 110 in light of the fact that the ATV trail will be running alongside. Their recommendation is to lower the speed limit which is within the authority of the City Council.
When drafting the ordinance change, it was found that there is no ordinance for speed limits in the city. The ordinance drafted is intended to cover the speed limits that already exist in the City and to change the limit on Route 110 from 40 mph to 30 mph.
Crosswalks. The Safety Committee also considered a request from Valley Creek Eatery for a crosswalk connecting their facility to the arena. The Police Department agreed that a crosswalk is in the interest of public safety. Again when the crosswalk was to be added to the ordinances it was found that crosswalks are not listed. The ordinance being read for the first time attempts to add a list of crosswalks to the ordinance.
Councilor Lafleur clarified that the crosswalk was put in a place where curb cuts exist to accommodate wheel chair accessibility.
School Bus Right Turn. Councilor Evans explained that when school buses are coming off of Willow Street to Hillside Avenue, they need to make a wide turn. Buses can’t make a right turn when there are cars to the line on Willow Street. The recommendation of the Traffic Safety Committee is to add language to the ordinances to make a stop line similar to the one on East Mason Street and to add the proper signage.
Buses coming off of Willow Street going toward the arena have the same problem; however it was found that there is a stop line that needs to be repainted. The recommendation of the Committee was to add the stop line to the ordinance and repaint the intersection as soon as possible.
Mayor Bertrand confirmed that there are no sensors in the traffic light on Hillside Avenue to the arena. He added that the Safety Committee should review the need for “no right turn on red” at the Willow Street intersection when one is coming from Memorial Field as well as reviewing parking in the area. Councilor Evans confirmed that he would add the items to the Safety Committee’s next agenda.
BIDPA Mission Statement
Councilor Evans read BIDPA’s mission statement: “BIDPA’s Mission is to promote the development and preservation of business and industry to serve the City of Berlin.”
He noted that BIDPA has a strong interest in having good relations with the Council. Mayor Bertrand added that BIDPA is the “industrial” development and Park Authority; however to keep a vibrant economy, they have broadened their scope. Taking the Rite Aid building is a good example of their progress as it is not an industrial prospect but will serve the City well.
Councilor McCue voiced that the final version of the mission is great. He commented that he has issues with Councilor Evans’ characterization that the original City Charter and Council Resolution adopting BIDPA are obsolete.
Councilor Evans defended his statement by saying that his understanding is that the City of Berlin and Keene were first to have industrial development authorities and since their inception RSA 162-G has been adopted and amended by the Legislature allowing “business and industrial development” which supersedes the Charter’s original language.
High Street Closure Request from St. Barnabas Church
Mr. MacQueen indicated that it would make to authorize the Police Department and to coordinate with St. Barnabas Church. Pete Morency added that the PD will take school hours into consideration when responding to the Church.
Other
ATV Cross Town Trail Connection Ceremonies
Mr. MacQueen asked if coffee and donuts for the event could be funded with Council Contingency funds. Councilor Remillard moved to authorize up to $200 from Council Contingency for coffee & donuts for the ATV event; Councilor Cayer 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 7:30 p.m. and called for public comments on
Resolution 2009-42 Appropriating Drug Forfeiture Funds to the Police Department tabled 10/19/09
There were no comments
Mayor Bertrand then called for public comments on Resolution 2009-43 Authorizing a Bond for up to $5,000,000 to fund Capital Improvements tabled 10/19/09
Jon Edwards, School Street. Mr. Edwards commented that he spoke with city managers of several NH cities regarding bonding for capital improvements. Berlin is not the first to bond for capital and in a lot of ways it seems to make sense.
Mayor Bertrand closed the public hearing at 7:34 p.m.
REGULAR MEETING – MONDAY, NOVEMBER 2, 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, Poulin, Cayer, Remillard and Landry. Absent was Councilor Goudreau
Minutes, Previous Meetings:
Councilor Remillard moved with a second from Councilor Landry to accept the minutes of 10/19 Work Session and Regular Meeting; and 10/26 Work Session. So moved, the motion carried.
Disbursements: It was recommended by the Committee on Accounts/Claims that all bills start date 10/22/2009, end date 11/04/2009, for a total cash disbursement of $1,485,762.66 Draft #1603 be paid. 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
1. Council Committee Reports
Councilor Evans referring to the Traffic Safety Recommendations heard in the work session and there are ordinances pending.
2. Resolution 2009-42 Appropriating Drug Forfeiture Funds to the Police Department tabled 10/19/09
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 and has received a share of this new forfeiture, and
Whereas, the Mayor and Council authorized the acceptance of $4,931.00 in Resolution 2009-41, and
Whereas, there is Nine Thousand, One Hundred Seventy-Eight Dollars and Ninety Three Cents ($9,178.93) in previously accepted drug forfeiture funds in a City balance sheet account.
Now Therefore Be It Resolved by the City Council of the City of Berlin, NH, that the previously accepted $4,931.00 and $9,178.93 in drug forfeiture funds from the Drug Enforcement Administration are hereby appropriated to the Berlin Police Department for its use in accordance with the requirements of the Drug Enforcement Administration.
Councilor Lafleur with a second from Councilor Remillard, moved to remove the resolution from the table. So moved, the motion carried. Councilor Lafleur, with a second from Councilor Remillard, moved to have the second reading of the resolution. So moved, the motion carried.
Councilor Lafleur moved to pass the resolution; Councilor Remillard seconded and the motion carried.
3. Resolution 2009-43 Authorizing a Bond for Capital Improvements (tabled 10/19/09)
Resolved by the City Council of the City of Berlin as Follows:
Whereas, the Mayor and Council have determined that there is great need for the City to increase its annual investment in its capital infrastructure; and
Whereas, the Mayor and Council have determined that borrowing to assist in accomplishing this goal is appropriate.
Now Therefore Be It Resolved that the Mayor and Council hereby authorize and approve the issuance of up to Five Million Dollars ($5,000,000) in general obligation bonds (the “Bonds”) of the City for a maturity period of up to five (5) years pursuant to the provisions of the Municipal Finance Act, RSA 33 through the NH Municipal Bond Bank to fund up to 16 capital improvement projects or acquisitions listed below:
Be it further resolved that the City is hereby authorized to issue notes, if needed, in anticipation of the bonds (the “Notes”) pursuant to RSA 33:7-a;
Be it further resolved, that the City Manager and Treasurer are hereby authorized to execute and deliver any and all documents or to take any other actions necessary to effectuate this resolution;
Finally, be it further Resolved, that the proceeds from the sale of these bonds are hereby appropriated to the various departments for their use in completing or carrying out these projects.
Councilor Poulin with a second from Councilor McCue, moved to remove the resolution from the table. So moved, the motion carried. Councilor Poulin, with a second from Councilor McCue, moved to have the second reading of the resolution. So moved, the motion carried.
Councilor Poulin moved to pass the resolution; Councilor Cayer seconded and the motion carried unanimously
NEW BUSINESS
4. Ordinance 2009-13 Authorizing City Crosswalks (1st read)
.Councilor Lafleur moved to table the ordinance and schedule a public hearing for November 16; Councilor McCue seconded and the motion carried
5. Ordinance 2009-14 Traffic Control Signals (1st read)
Councilor Evans moved to amend the ordinance to change Pleasant Street to Glen Avenue and to eliminate East Mason and Main Street; Councilor McCue seconded and the motion carried.
Councilor Poulin moved to table Ordinance 2009-14 as amended and schedule a public hearing; Councilor McCue seconded and the motion carried.
6. Ordinance 2009-15 City Speed Limits (1st read)
Councilor Poulin moved to table the ordinance and schedule a public hearing for November 16; Councilor Cayer seconded.
7. City Manager’s Report
Tax Rate. This year's tax rate has been confirmed by DRA at $29.82 which is the same as last year's and the year before as intended by the Council. The DRA rate calculation is attached for your information.
Annual Report Excellence. Attached is a letter from the Local Government Center notifying us that we were the 3rd place winner in the State for Annual Report excellence. This is not the first time the City has been recognized for this award. While Department Heads do a great job of putting together their reports, Administrative Assistant Sue Tremblay quietly coordinates the whole thing each year and puts it together. She will be attending the Annual Report Awards Luncheon to receive the award at the LGC Annual Conference on November 19, 2009 at the Radisson Hotel in Manchester.
Bond Application. On October 29th, we submitted a lengthy application to the New Hampshire Municipal Bond Bank for our proposed $5M CIP bond issue. So far, the bond bank looks to be the best deal, but we have not committed to the Bond Bank yet and we our evaluating that option vs. going with private banks. We will have to make a decision as to whether or not to go with the bond bank by November 13th.
155B Order. The demolition work for the southern downtown parcel has been pretty well completed by AD Drouin. Bids for the northerly parcel have been let and the bid opening is set for Monday, November 9th at 3pm. It will be very nice to finally get that mess cleaned up although the final cleanup of the remaining brick wall surface will not occur until spring once we have had the opportunity to assess its condition and how best to deal with its appearance.
Bids were also taken for the demolition of 844 Third Avenue (Boulay Block) last Tuesday. The bids were very competitive and Romik Developers, LLC is being awarded the contract in the amount of $6,970.
ATV Connector Trail Update. Plans for next Saturday's ATV trail opening are being finalized and a last meeting of interested parties will be held this Wednesday at 10 am to clear up any loose ends. The ceremony will begin on Saturday Nov. 7th at 10am starting at the Jericho Mountain State Park parking lot. Mayor Bertrand will host a brief ceremony there with Executive Councilor Ray Burton and Senator John Gallus saying a few words. Then there will be an ATV procession on the new trail across town to the Tondreau parking lot where Mayor Bertrand will read a proclamation and cut the ribbon officially opening the new connector trail. From there the group will proceed to Success Pond Road and then return via the connector trail back to Jericho Mountain State Park. This should be a great occasion for Berlin and its residents and all
the ATV riders in the northeast.
CDFA Housing Funding. Attached is a letter from the Community Development Finance Authority CDFA notifying us that our application for $500,000 to assist with our program toward assisting with the improvement of single family homes throughout the City based on the overall home inventory the City carried out a few years ago. This will allow us to continue our effort toward rehabilitating homes throughout the City.
WWTF Rural Development Grant and ARRA. Mike Perreault and I met with Rural Development officials in Concord on October 21st to go over the application we submitted for $9M in RD loan/grant assistance for improvements to the WWTF. We came away fairly encouraged about our chances for funding. As always, a big question with Rural Development is if you are funded, how much will be grant and how much will be loan. Grant is the only part that really helps us.
While in Concord, we also talked to DES regarding ARRA (stimulus) funding which we may now be eligible for again. There was agreement on all of our parts that the RD funding is the more attractive option at the moment for the City. If that doesn't pan out then, we will likely pursue the ARRA funding with DES further.
New Hampshire Grand. A session is planned for Berlin Officials with Roger Brooks of the New Hampshire Grand promotional effort for Coos County. The meeting is scheduled for Wednesday November 18th, at the Bistro Meeting Space at WMCC from 6pm to 7:30pm. The focus of the workshop is for Berlin to find a niche of how it fits into this overall promotional effort and begin to develop it. The flier for the workshop is attached.
Burlington Biomass Plant Tour. Attached is the latest version of the McNeil Biomass Plant tour scheduled for this Friday, November 7th. The plan now includes stopping in Lancaster on return.
LGC News. I have attached correspondence from Maura Carroll who is Acting Director since John Andrews' retirement of the Local Government Center. Her memo reviews the reasons for the recent news stories regarding the request for information from LGC by the Secretary of State's office and the disagreement it has pending before the Supreme Court currently with the IAFF Firefighter's Union.
AVRRDD Inspection. Attached is copy of the annual inspection that NH DES performs on the landfill each year for your information.
Why Berlin is still the Place to Live. Attached is a clipping someone did of actual police reports to the Berlin Police Department. We may not be Mayberry, but If these are not reassuring that Berlin is still the type of very safe and caring community that most people want to live in, then I don't know what is….
Public Works Monthly Report. Attached.
City Manager Time-keeping. Attached.
Council Evans asked if the city makes any effort to inform businesses to let them know that parking will be adjusted when a building will be removed. Mr. MacQueen noted that Andre Caron personally notified all businesses.
Councilor Landry asked for clarification on “the wall.” Mr. MacQueen reported that the plan is to bring the wall down to the first floor level and to cap the top. Depending on how it looks, the wall may have to be covered.
Councilor McCue moved to accept the City Manager’s report; Councilor Lafleur seconded and the motion carried.
8. PUBLIC COMMENTS
There were no comments
9. COUNCIL COMMENTS
Councilor McCue thanked everyone involved in putting the ATV connector trail together.
He informed everyone of a Master Plan steering committee meeting Wednesday evening at AVH and encouraged all to attend. There is also a presentation by Roger Brooks on the 18th .that is important for Berlin be a part of.
Councilor McCue acknowledged the PUC Docket which is increasing in size with a number of communities and State legislators having filed petitions. He added that this Council has the opportunity to meet ten more times before a new Council takes over; and he encouraged all to get as much done as possible in the next ten weeks.
Mayor Bertrand established that Mr. MacQueen will be going to the pre-hearing conference in Concord on November 3.
Councilor Landry commented that Elizabeth Rudiger is opening a new business on Main Street in Berlin.
He also stated that he recently called 911 because a transformer was on fire near his home and he found the service of 911 and the local PSNH crew to be professional and prompt.
10. Mayor’s Report
BHS Cross Country team did very well in the State meet and received a police and fire truck escort back into the City on Halloween night.
Mayor Bertrand asked Councilor Lafleur to chair the meeting on November 16 as he will be away.
Tomorrow is Election Day and rides to the poles will be provided by elected officials. He encouraged everyone to vote.
Councilor McCue moved to accept the Mayor’s Report; Councilor Remillard seconded and the motion carried.
11. Adjournment
Councilor McCue moved to adjourn; Councilor Poulin seconded and the motion carried. The meeting ended at 8:15 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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