PUBLIC HEARING – November 23, 2009
- Ordinance 2009-13 Authorized City Crosswalks (tabled 11/02/09)
- Ordinance 2009-14R Traffic Control Signals (tabled 11/02/09)
- Ordinance 2009-15 City Speed Limits (tabled 11/02/09)
- Resolution 2009-45 Clarifying Bond Authority
Mayor Bertrand opened and called to order the duly advertised and scheduled public hearing to accept public comments on the above noted ordinances and resolution at approximately 7:41 p.m.
There being no one wishing to speak for or against the above noted ordinances and resolution, Mayor Bertrand closed the public hearing at approximately 7:44 p.m.
SPECIAL CITY COUNCIL MEETING – NOVEMBER 23, 2009
Mayor Bertrand called the Special City Council Meeting to order at approximately 7:44 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, Pam Laflamme, Norm Charest, citizens and the press.
Minutes, Previous Meetings
Councilor Evans moved with a second by Councilor Poulin to accept the minutes of the 11/02/09 WS & Regular Meeting and the 11/09/09 WS. So moved, the motion carried.
Disbursements:
It was recommended by the Committee on Accounts/Claims to pay all bills dated 11/05/09–11/18/2009 for a total cash disbursement of $1,042,780.47 Draft #1604. 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:
Norm Charest is leaving for Florida next week. He has enjoyed working with the present Mayor and City Council. The 21/21 initiative is moving ahead slowly. He is forming a task force of people who think outside the box. Their first order of business is to set up an internal network and second, they need to get all citizens to become an ambassador for the city. He met with BIDPA last month and tried to help a business through a lease/purchase process to free up rather than raise capital. He will be available 24/7 and Sue will have his contact information.
OLD BUSINESS:
1. Council Committee Reports. No reports.
2. Ordinance 2009-13 Amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article II. Specific Street Regulations, Sec. 15-40. Crosswalks by adding a list of Crosswalks. (tabled 11/02/09) Be it ordained by the City Council of the City of Berlin, as follows:
Wherever authorized crossing lines are painted as depicted in Sec. 15-1, a driver of a vehicle shall yield the right of way to pedestrians per RSA 265:35. Authorized crosswalks are listed below:
Blanchard Street & Emery Street (on Blanchard Street)
Burgess Street & East Mason Street (2 on Burgess Street)
Champlain Street & East Mason Street (2 on Champlain Street)
Cole Street & Mason Street (on Cole Street)
Collins Street & High Street (both on Collins Street)
Coos Street & Burgess Street (on Burgess Street)
Coos Street & Champlain Street (on Champlain Street)
Coos Street & Cheshire Street
Coos Street & Hampshire Street (on Hampshire Street)
Coos Street & Hillsboro Street (on Hillsboro Street)
Coos Street & Sullivan Street (4)
East Mason Street & Burgess Street (on East Mason Street)
East Mason Street & Champlain Street (on East Mason Street)
East Mason Street & Goebel Street (on East Mason)
East Mason Street & Hillsboro Street intersection
East Mason Street (between bridges)
Eighth Street & Norway Street intersection
Emery Street & High Street
Emery Street & Madison Avenue (on Madison Avenue)
Emery Street & Willow Street (on Emery Street)
Exchange Street & Pleasant Street (x4)
Exchange Street (8 Green Square Eagles Club to City Park)
First Avenue & Green Street
First Avenue & Hamlin Street
Glen Avenue & Diana Street
Glen Avenue & Exchange Street (to 27 Green Square Holiday Center)
Glen Avenue & Hutchins Street (Cleveland Bridge)
Goebel Street & East Mason Street (2 on Goebel Street)
Grafton Street & Burgess Street
Grafton Street & Champlain Street
Grafton Street & Hillsboro Street
Grafton Street & Rockingham Street
Grafton Street & Sullivan Street
Granite Street & York Street (on Granite Street)
Green Square
Green Street & Cole Street
Green Street & Police Station
Green Street & Second Avenue
Green Street &Union Street (entrance to 41 Union Street Caron Building Center)
High Street & School Street Intersection
Hillside Avenue & Blanchard Street
Hillside Avenue & High Street
Hillside Avenue & Madison Avenue
Hillside Avenue & Washington Street
Hillside Avenue & Willard Street
Hillside Avenue (from the southern curb cut edge of the northern most entrance to Notre Dame Ice Arena across to the sidewalk in front of 4 Hillside Avenue, Valley Creek Eatery restaurant)
Holt Street & High Street (on Holt Street)
Hutchins Street & Bridge Street (Crossing Hutchins St & 29 Bridge Street, E&S)
Hutchins Street & Cheshire Street (on Cheshire Street)
Hutchins Street & Coos Street (on Coos Street)
Hutchins Street & East Mason Street intersection
Hutchins Street & Maynesboro Street
Hutchins Street & Myrtle Street (on Myrtle Street)
Hutchins Street & Pershing Avenue (on Pershing Avenue)
Hutchins Street & Sully Street (on Sully Street)
Hutchins Street & Wood Street (on Hutchins Street)
Hutchins Street (from Hutchins Street, Ingy's ice Cream to Community Field)
Hutchins Street (to northern section of Community Field
Madison Avenue & Dewey Street (both on Dewey Street)
Madison Avenue & Memorial Lane (on Memorial Lane)
Madison Avenue & Park Street
Madison Avenue & Pine Street
Madison Avenue & River Street (both on River Street)
Madison Avenue & State Street
Main Street & Abenaki Lane (on Abenaki Lane & on Main Street)
Main Street & Birch Street (on Birch Street & on Main Street)
Main Street & Bridge Street
Main Street & Cambridge Street (on Cambridge Street)
Main Street & Eleventh Street (on 11th Street)
Main Street & Hemlock Lane (on Hemlock Lane)
Main Street & Heritage Lane (on Heritage Lane & on Main Street)
Main Street & High Street
Main Street & Iceland Street (on Iceland Street)
Main Street & Maple Street (on Maple Street)
Main Street & Mason Street intersection
Main Street & Mechanic Street
Main Street & Ninth Street (on 9th Street)
Main Street & Peavey Lane (on Peavey Lane)
Main Street & Seventh Street (on 7th Street)
Main Street & Success Street (on Success Street)
Main Street & Tenth Street (on 10th Street)
Main Street & Twelfth Street (on Main Street & on 12th Street)
Main Street & Viking Street ( on Viking Street)
Main Street &Eighth Street (on 8th Street)
Main Street (by 121 Main Street)
Main Street (by 220 Main Street)
Main Street (by 9 Main Street, Northway Bank)
Main Street (by Gill's Park)
Main Street (from 1115 Main Street, VFW to Parking)
Mason Street & Oak Street (on Oak Street)
Memorial Lane & Willow Street (on Memorial Lane from 216 to Field)
Mt. Forist & First Avenue (Bartlett School)
Mt. Forist & Third Avenue
Mt. Forist & Western Avenue
Norway Street & Seventh Street (on Norway Street)
Noyes Street & High Street (on Noyes Street)
Park Street & High Street (on Park Street)
Pleasant Street & Church Street
Pleasant Street & Diana Street
Pleasant Street & Glen Avenue (Veteran's Park to 9 Pleasant Street)
Pleasant Street & Green Street intersection
Pleasant Street & High Street
Pleasant Street & Main Street (to Good Shepherd Church)
Pleasant Street & Mason Street intersection
Pleasant Street & Mechanic Street
Pleasant Street & Union Street
Pleasant Street & York Street
Pleasant Street by 133 Pleasant Street
River Street & High Street (on River Street)
Riverside Drive from College to Dorm
Rockingham Street & coos Street (on Rockingham Street)
Second Avenue & Sessions Street
Seventh Street & Norway (on 7th Street)
State Street & High Street (on State Street)
Third Avenue & Madigan Street
Third Avenue & Mannering Street
White Street from 320 to 323 White Street
Willard Street & Carl Street (on lower part of Carl Street)
Willard Street & Collins Street (on Collins Street)
Willard Street & Dewey Street (on lower part of Dewey Street)
Willard Street & Emery Street
Willard Street & Park Street
Willard Street & Pine Street
Willard Street & River Street (both on River Street)
Willard Street & School Street intersection
Willard Street & State Street
Willow Street & Hillside Avenue Intersection
Willow Street & Park Street (on Park Street)
Willow Street & Pine Street
Wood Street & Hutchins Street (on Wood Street)
York Street & Cole Street
This Ordinance shall be in full force and effect from and after passage.
Councilor Evans moved with a second by Councilor Lafleur to remove the ordinance from the table at this time. So moved, the motion carried.
Councilor Evans moved with a second by Councilor Lafleur to have the ordinance read a second time by title only. So moved, the motion carried.
Councilor Evans moved with a second by Councilor Lafleur to pass the ordinance. Roll call resulted in unanimous affirmative votes including Mayor Bertrand who declared the ordinance passed.
3. Ordinance 2009-14R Amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article II. Specific Street Regulations, by Renaming Sec. 15-31 to: Intersections with Traffic Control Signals” and adding a list of those Intersections. (tabled 11/02/09)
Be it ordained by the City Council of the City of Berlin as follows:
Sec. 15-31. Intersections with tTraffic-control signalsat the intersection of Twelfth Street and Riverside Drive.
A four-way traffic-control signal exhibiting successive green, yellow, and red colored lights shall be in placedstalled at the following intersectionsof Twelfth Street and Riverside Drive. All traffic at such intersections shall be controlled by such
traffic-control signal:. (Code 1977, § 7:421)
Twelfth Street and Riverside Drive
Mason Street and Pleasant Street
Mason Street and Main Street
Pleasant Street and Green Street
Glen Avenue and Hutchins Street
East Mason Street and Hutchins Street
A stop line shall be added on the pavement of the westbound traffic lane of East Mason Street 81 feet east of the intersection of East Mason and Main Street. A sign shall be placed adjacent to this stop line with words to the effect of "stop here on red". Hillside Avenue and Willow Street A stop line shall be added on the pavement of the northbound traffic lane of Hillside Avenue 49 feet south of the intersection of Hillside Avenue and Willow Street. A sign shall be placed adjacent to this stop line with words to the effect of "stop here on red". A
stop line shall be added on the pavement of the southbound traffic lane of Hillside Avenue 61 feet north of the intersection of Hillside Avenue and Willow Street. A sign shall be placed adjacent to this stop line with words to the effect of "stop here on red". This Ordinance shall be in full force and effect from and after passage.
Councilor Remillard moved with a second by Councilor Evans to remove the ordinance from the table at this time. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Evans to have the ordinance read a second time by title only. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Evans to pass the ordinance. Roll call resulted in unanimous affirmative votes including Mayor Bertrand who declared the ordinance passed.
4. Ordinance 2009-15 Amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article II. Specific Street Regulations, by adding Sec. 15-41. Speed Limits. (tabled 11/02/09)
Be it ordained by the City Council of the City of Berlin, as follows: Sec. 15-41. Speed Limits.
Speed limits shall be as posted. The speed limit at Jericho Road outbound on Route 110 beginning at the southern boundary of 40 Jericho Road (Isaacson’s Steel) to the southern boundary of 92 Jericho Road shall be 30 mph. This Ordinance shall be in full force and effect from and after passage.
Councilor Evans moved with a second by Councilor Lafleur to remove the ordinance from the table at this time. So moved, the motion carried.
Councilor Evans moved with a second by Councilor Lafleur to have the ordinance read a second time by title only. So moved, the motion carried.
Councilor Evans moved with a second by Councilor Lafleur to pass the ordinance. Roll call resulted in unanimous affirmative votes including Mayor Bertrand who declared the ordinance passed.
NEW BUSINESS
5. Resolution 2009-44 Authorizing the Berlin Police Commission to apply for and accept One Thousand Dollars ($1,000) in training grant funds from the NH Police Standards and Training Council (NHPSTC) for the Command Training Series, First Line Supervisor Course. (1st read)
Councilor Evans moved with a second by Councilor Lafleur to table the resolution and schedule a public hearing on December 7, 2009. So moved, the motion carried.
. Resolution 2009-45 Clarifying that the Borrowing Authority Granted in Resolution 2009-43 is Not Restricted to Borrowing Only Through the NH Municipal Bond Bank. (1st read)
Resolved by the City Council of the City of Berlin as follows:
WHEREAS, the Mayor and Council of the City of Berlin passed Resolution 2009-43 authorizing the issuance of General Obligation Bonds in an amount of up to Five Million Dollars ($5,000,000) to fund various capital improvement projects and acquisitions; and
WHEREAS, Resolution 2009-43 refers only to borrowing through the New Hampshire Municipal Bond Bank; and
WHEREAS, the City is interested in obtaining the least costly financing of this bond issue; and
WHEREAS, the City has taken bids from interested private banks for this financing; and
WHEREAS, based on these bids it is the judgment of the Mayor and Council that accepting the least costly private bank proposal received will provide a less costly and more flexible financing approach than going through the New Hampshire Municipal Bond Bank in this instance. Now therefore be it resolved that the Mayor and Council hereby clarify that their intent in Resolution 2009-43 is not to restrict the borrowing to the NH Municipal Bond Bank but instead to authorize it through the New Hampshire Municipal Bond Bank or through a private bank. This Resolution shall be in full force and effect from and after passage.
Councilor Poulin moved with a second by Councilor Goudreau to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Goudreau moved with a second by Councilor Poulin to suspend the rules of Council to allow this resolution to be placed on its final passage at this time. Roll call resulted in unanimous affirmative votes including Mayor Bertrand who declared the rules and regulations of Council to be suspended.
Councilor Goudreau moved with a second by Councilor Poulin to pass the resolution. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution passed.
7. City Manager’s Report
PUC Hearing
On Tuesday November 3, 2009, I attended the PUC pre-conference hearing on the CPD complaint against PSNH in which the City has filed as an intervener. As an intervener, I was asked to speak on behalf of the City. I basically just reviewed the points in our motion to intervene filing saying that if PSNH was refusing to talk to CPD who has been trying to develop an operation in Berlin, then we had a serious concern about it. Not many of the other interveners showed up (probably because it was Election Day) and most of the time was taken with CPD making their case and PSNH defending their position.
Some of the arguments made by PSNH at this hearing in its defense were the following:
- PSNH says that CPD is trying to force its uneconomic product onto PSNH. PSNH has no long-term obligation to CPD and PSNH doesn't want to deal with CPD's "litigious and slanderous" approach. CPD is still litigating a 20-year old issue before the Supreme Court with PSNH at the same time CPD wants to negotiate a PPA with PSNH.
- PSNH says its customers have paid $2 billion in the past under laws which required PSNH to buy power from uneconomical suppliers. Those laws no longer apply and there is no current requirement that PSNH buy power from anyone. PSNH says that it make no profit on PPA's.
- PSNH says it is just 5% of the market so there is no reason CPD, if it has an economic product, can't sell to the other 95% of the market.
- "If Berlin thinks CPD is so great, Berlin can be a 'load aggregator'".
Probably, the most note-worthy thing that came out of the hearing was PSNH's attorney saying that there has not been and there is not currently any agreement between Laidlaw and PSNH for a long-term purchase power agreement. He said all that existed was what he referred to as a 'term sheet' which he explained as some sort of agreement that sets ground rules for negotiations over the issue of a long-term PPA. In any event, the PUC determined that the matter will go forward for adjudicative proceeding and that a scheduling order for this would be issued.
ATV Connector Trail Opening
There was a very good turn out for the Grand Opening of the Berlin Cross Town Connector Trail. Well over 100 ATV's showed up from all over New England to participate in this event which started at the Jericho Mountain State Park parking lot last Saturday. Mayor Bertrand introduced Senator John Gallus and Executive Councilor Ray Burton to say a few words before the procession began. Then all 100+ ATV's started across the Connector Trail to Tondreau Park where Mayor Bertrand read a proclamation and cut a ribbon next to the new Informational Kiosk which will provide information on the trail and the rules of the road for ATV trail users. The procession then proceeded to Success Pond road where the trail hooks up with all the ATV trails in Success. Since the opening there have been a few glitches which are being worked
out. It seems like a great beginning to a new opportunity for ATV riders in Berlin.
155B Order on Downtown Property
Bids for the demolition work on the northern parcel of the Kandel downtown burnt out properties were opened last week. Five bids were received and Arnold Drouin was again the low bidder. The work on the remaining parcel should begin tomorrow.
BIDPA Trip To WREN In Bethlehem
BIDPA Board members, Norm Charest and I went to view the Women's Rural Entrepreneurial Network (WREN) operations in Bethlehem. WREN is a non-profit group which assists entrepreneurial women in developing their businesses. It has a retail outlet in which people starting small businesses can sell their products. They also rent out space to small businesses. WREN is considering opening up some sort of operation in Berlin's downtown. BIPDA is interesting in filling its Rite-Aid building. It is these over-lapping interests that led to the discussion between the two agencies.
NH Grand Website
The Coos County Roger Brooks marketing effort now has a web site which can be visited. It is www.nhgrand.com. This site will for the first time provide an all inclusive website that will provide tourists with all the information they need to plan their vacations and trips to northern New Hampshire.
NSP Environmental Release
Attached is a copy of an environmental release received from CDFA which authorizes us to now actually use and spend the $4.3M in neighborhood stabilization funds that the City has been awarded.
Time Warner Cable "Price Adjustment"
Attached is a letter from Time Warner Cable concerning their 2010 "price adjustment" notice.
Councilor McCue asked the City Manager if there was a schedule for the Main Street demolition. The City Manager replied he will try getting that to Councilor McCue soon.
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.
8. Public Comments No Comments
9. COUNCIL COMMENTS
Councilor McCue said he and Councilor Cayer attended the Roger Brooks meeting last week. There were good ideas about downtown and he came away with interesting ideas. He reminded everyone about the Master Plan meeting next Wednesday at the White Mountain Community College.
Councilor Lalfleur thanked the City Clerk and election officials for working diligently at the Municipal Election. He also thanked Councilor McCue for shadowing him that day as his replacement next year. People don’t realize the hours put into elections.
Councilor Cayer followed up on the attendance discussion. He personally tries to attend every meeting but had a family matter that came up last week so he was not able to attend.
Councilor Poulin asked the status of 67 Granite Street (York St) since it could be a public safety issue. He mentioned that Council previously voted to change the City Seal but we are still using the old letterhead. He would personally pay to get rid of the old city letterhead so we could finally begin using the new City seal on all letterhead.
10. Mayor’s Report. No Report.
11. Adjournment: There being no further business before the Mayor and Council at this time, Councilor Goudreau moved with a second by Councilor Poulin to adjourn the special meeting. So moved, Mayor Bertrand declared the Special Meeting adjourned at approximately 8:24 p.m.
A True Record, Attest:
Debra A. Patrick, CMC
City Clerk
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