PUBLIC HEARING – April 5, 2010
Mayor Grenier opened and called to order the duly advertised and scheduled public hearing to accept public comments on the below noted ordinances and resolutions at approximately 7:45 p.m.
- Ordinance 2010-02 Rescinding Chapter 19 Development, Article III. Partial Tax Exemption for New Industrial and Commercial Construction
- Ordinance 2010-03 Implementing Fees for Fire Department Inspection Services
- Resolution 2010-10 Amending the Bond Resolution to Remove T-1 Lines
- Resolution 2010-11 Amending the Bond Resolution to Replace the Fire Alarm System
- Resolution 2010-12 Authorizing the BAA to Apply for Up to $400,000. FAA Grant Funds
There being no one wishing to speak for or against the above noted ordinances and resolutions, Mayor Grenier closed the public hearing at approximately 7:47 p.m.
REGULAR CITY COUNCIL MEETING – APRIL 5, 2010
Mayor Grenier called the regular City Council Meeting to order at approximately 7:48 p.m. in the Council Chambers of City Hall.~ The pledge of allegiance to the flag preceded roll call. Present: Councilors Remillard, Landry, McCue, Evans, Rozek, Cayer and Poulin. Councilor Danderson was absent. Also present: City Manager MacQueen, Susan Tremblay, Pamela Laflamme, BHS Civics Class students, citizens and the press.
Minutes, Previous Meetings
Councilor Remillard moved with a second by Councilor Poulin to accept the minutes of the 3/15/10 WS & Regular Meeting; 3/22/10 WS; 3/29/20 WS. So moved, the motion carried.
Disbursements:
It was recommended by the Committee on Accounts/Claims to pay all bills dated 3/18/10–4/07/2010 for a total cash disbursement of $1,899,694.22 Draft #1613.~ Councilor Poulin moved with a second by Councilor Remillard 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 No Reports
2. Ordinance 2010-02 Rescinding Article III, Partial Tax Exemption for New Industrial and Commercial Construction of Chapter 19 Development. (tabled 3/15/10) Be it ordained by the City Council of the City of Berlin as follows:
WHEREAS, in response to the passage of HB1651 by the State Legislature in 2008 which authorized municipalities in Coos County to provide partial exemptions for new construction on commercial and industrial properties, the Mayor and Council adopted a City Ordinance which provided for same; and
WHEREAS, it is clear that there are practical problems with the implementation of the law and ordinance which need to be corrected in the legislation; and
WHEREAS, the Mayor and Council acknowledge that in addition to the concerns regarding the practical implementation of the ordinance, the current time is not appropriate for such partial tax exemptions in Berlin. Now therefore, be it ordained that the Code of Ordinances of the City of Berlin is hereby further amended by deleting in its entirety Article III, partial tax exemption for new industrial and commercial construction, sections 19-46 through 19-52 of chapter 19, development, and further by reserving said Article and Sections. 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. Roll call vote. Voting no were Councilors McCue, Cayer and Poulin. 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. Roll call vote. Voting no were Councilors McCue, Cayer and Poulin. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Evans to have the ordinance read a third time by title only.
Discussion: Councilor McCue cannot support repealing this ordinance although he understands why Mr. Sansoucy pushed to have it revoked. The Legislature provided this opportunity for communities to use as a tool and Berlin was the first one to adopt an ordinance to take advantage of this tool. The concern here is based on the fact that the biomass plants might apply but he still thinks this is a useful tool. If we negotiate PILTS, this will not be impacted. His suggestion is to leave the ordinance alone since it is not necessary to rescind.
Councilor Landry agrees there is no need to rescind since this is a useful tool to attract new business. The PILT will cover the biomass and take care of this and that’s why a PILT is being negotiated. He concurs we should keep the ordinance where it is. It is too important to lose and we will be glad we have it down the road. Councilor Landry will not support rescinding the ordinance.
Roll call vote on the third reading. Voting in the affirmative were Councilors Remillard, Evans, Rozek and Mayor Grenier. Voting no were Councilors Landry, McCue Cayer and Poulin. There was no action and the Chair declared this a stalled motion.
Councilor Rozek then moved with a second by Councilor Evans to table the ordinance at this time. Roll call resulted in negative votes by Councilors Remillard, Evans, Rozek and Mayor Grenier. Voting in the affirmative were Councilors Landry, McCue, Cayer and Poulin. Mayor Grenier declared it to be a live ordinance which will be added to the next City Council agenda.
3. Ordinance 2010-03-R2 Amending the Code of Ordinances, Chapter 6 Fire, Article III, Standards by adding a new Division 5, Fees and Charges. (tabled 3/15/10)
Be it ordained by the City Council of the City of Berlin as follows:
WHEREAS, State Law requires that local Fire Departments carry out fire code and fire safety inspections in commercial buildings; and
WHEREAS, the Berlin Fire Department provides this service locally; and
WHEREAS, the benefit of this service accrues far more to the businesses receiving the service than to the community at large.
NOW THEREFORE BE IT ORDAINED that the Code of Ordinances of the City of Berlin is hereby further amended by adding the following new Division 5, FEES AND CHARGES to Article III, STANDARDS of Chapter 6, FIRE to read as follows:
(Sec. 6-125-6-140 Reserved) DIVISION 5 - FEES AND CHARGES Sec. 6-141. Fees charged by the Fire Department for specific services shall be as follows:
FIRE SYSTEM PLAN REVIEW FEES
SPRINKLER SYSTEMS |
|
NFPA 13D |
55.00 |
NFPA 13R |
165.00 |
NFPA 13 Up to 10,000 sq. ft. of protected area 10,001 sq. ft. to 25,000 sq. ft. 25,001 and above
sq. ft.
|
330.00 712.50 825.00 |
Other Fire Suppression Systems
Modifications to Existing Systems |
277.50 Eng. 205.50 Pre-Eng. 112.50 flat fee |
|
|
FIRE ALARM SYSTEMS |
|
1-10 Devices |
112.50 |
11-49 Devices |
165.00 |
50-99 Devices |
300.00 |
> 99 Devices |
495.00 |
FIRE INSPECTION AND FALSE ALARM FEES
Oil Burner (residential) |
$30.00 |
Oil Burner (commercial) |
165.00 |
Propane Furnace (residential) |
$30.00 |
Propane Furnace (commercial) |
150.00 |
Underground Storage Tank (up to 500 gal.) |
37.50 |
Underground Storage Tank (>500 gal.) |
150.00 |
L.P. Gas |
75.00 |
Place of Assembly |
45.00 |
Family Day Care Homes (1-6 children) |
41.25 |
Group Day Care Homes (7-12 children) |
60.00 |
Day Care Centers (13+ children) |
82.50 |
Foster Care Inspection |
41.25 |
New Construction |
75.00 |
Industrial |
150.00 |
Multi-Family |
112.50 |
Re-inspection fee |
45.00 per occurrence |
False Alarm (second occurrence within Cal. Year) |
150.00 |
False Alarm ( subsequent occurrence within Cal. Year) |
300.00 |
PERMIT FEES
Blasting Permit (per site) |
165.00 |
Master Box Application fee |
75.00 |
Master Box Annual fee |
450.00 |
Master Box Connection Fee |
450.00 |
This Ordinance shall be in full force and effect from and after passage.
Councilor Remillard moved with a second by Councilor McCue to remove the ordinance from the table at this time. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Landry to have the ordinance read a second time by title only. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Landry to have the ordinance read a third time by title only. So moved, the motion carried.
Discussion: Councilor McCue clarified that the R2 is for the revisions as shown by underlines per previous Council discussion.
Councilor Remillard moved with a second by Councilor McCue to pass the ordinance. Roll call resulted in unanimous affirmative votes including Mayor Grenier who declared the ordinance now passed.
4. Resolution 2010-10 Changing the purpose of an item Approved in Bond Resolution 2009-43 from “PD paved parking lot” to PD Cates Hill Wireless” with the appropriation remaining at $15,000.00. (tabled 3/15/10)
Resolved by the City Council of the City of Berlin as follows:
Whereas, Resolution 2009-43 passed by the City Council on November 2, 2009 approved bonding for various Capital Projects; and
Whereas, the Berlin Police Department has determined that it makes more sense to replace its current T-1 connection to the antennae on Cates Hill with a wireless connection which will save $500 per month for the discontinued T-1 line; and
Whereas, the Berlin Police Department has determined that installing a wireless system to replace the T-1 line is a higher priority than the paved parking lot currently listed in the Bond Resolution. Now therefore, be it resolved by the Mayor and Council that the item listed in Bond Resolution 2009-43 as “PD paved parking lot” in the amount of $15,000 is hereby changed in name and purpose to “PD Cates Hill Wireless” in the amount of $15,000. This resolution shall be in full force and effect from and after passage.
Councilor Remillard moved with a second by Councilor McCue to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Rozek asked about the wording of the resolution on the agenda where the word “remove” was used. He thinks the proper term should be “replace” as worded in the actual resolution. The City Manager agreed.
Councilor Remillard moved with a second by Councilor McCue to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor McCue to have the resolution read a third time by title only. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor McCue to now pass the resolution. Roll call resulted in unanimous affirmative votes including Mayor Grenier who declared the resolution passed.
5. Resolution 2010-11 Changing the purpose of an item approved in Bond Resolution 2009-43 from “FD Repair Program to “FD Alarm Console Replacement” with the appropriation remaining at $50,000.00 (tabled 3/15/10)
Resolved by the City Council of the City of Berlin as follows:
Whereas, Resolution 2009-43 passed by the City Council on November 2, 2009 approved bonding for various Capital Projects; and
Whereas, the Berlin Fire Department is in emergency need of replacing its municipal alarm system main operating console which is old and malfunctioning; and
Whereas, parts for the current municipal alarm system main console are obsolete making the necessary repairs impossible; and
Whereas, Bond Resolution 2009-43 contains an item for general building repairs in the amount of $50,000.00 which can be deferred. Now therefore, be it resolved by the Mayor and Council that the item listed in Bond Resolution 2009-43 as “FD Repair Program” in the amount of $50,000.00 is hereby changed in name and purpose to “FD alarm Console Replacement” in the amount of $50,000.00. This resolution shall be in full force and effect from and after passage.
Councilor Remillard moved with a second by Councilor McCue to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor McCue to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor McCue to have the resolution read a third time by title only. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor McCue to now pass the resolution. Roll call resulted in unanimous affirmative votes of Council including Mayor Grenier who declared the resolution passed.
6. Resolution 2010-12 Authorizing an application in the amount of up to $400,000 to the Federal Aviation Administration through the NH Department of Transportation to acquire snow removal equipment and a paving project fo the Berlin Regional Airport and appropriating such funds to the Airport Fund to be used for the purpose of the grant. (tabled 3/15/10)
Resolved by the City Council of the City of Berlin as follows:
Whereas, funding for snow removal equipment and airport improvements for the Berlin Regional Airport is available through the Federal Aviation Administration administered through the NH Department of Transportation; and
Whereas, the grant will pay for the purchase of a snow blower attachment for the existing Volvo loader; and
Whereas, grant funds will be used to pave an area around the Snow Removal Equipment Building at the Berlin Regional Airport. Now therefore, be it resolved that the Berlin Airport Authority hereby authorizes and application for a grant from the FAA and NH DOT in an amount of up to $400,000 for the purchase of a snow blower attachment and for a paving project at the Berlin Regional Airport and upon receipt these funds are hereby appropriated to the Airport Fund for use by the Berlin Airport Authority for the purpose of the grant. Be it further resolved that the Chair of the Berlin Airport Authority, Paul Grenier, is authorized to do all things necessary to effectuate the grant. This resolution shall be in full force and effect from and after passage.
Councilor Landry moved with a second by Councilor McCue to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Landry moved with a second by Councilor McCue to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Landry moved with a second by Councilor McCue to have the resolution read a third time by title only. So moved, the motion carried.
Councilor Landry moved with a second by Councilor McCue to now pass the resolution. So moved, the motion carried and Mayor Grenier declared the resolution passed.
NEW BUSINESS
7. Ordinance 2010-04 amending the Code of Ordinances, Chapter 15, Traffic & Vehicles, Article III. Stopping, Standing and Parking by adding Sec. 15-78.1. No Unauthorized Overnight Parking in Front of 220 Main Street (1st read)
Councilor McCue moved with a second by Councilor Poulin to table the ordinance and schedule a public hearing on April 19, 2010. So moved, the motion carried.
8. Resolution 2010-13 Granting under the City of Berlin’s Code of Ordinances, Chapter 19, Article II, Section 19-19 (Community Revitalization Tax Relief Incentive) Item 6 valuation tax relief in the amount of Fifty Thousand Dollars ($50,000.00) to Lucille Wiemer, owner of a qualifying property located at 200 Pleasant Street, Map 119, Lot 31 for the rehabilitation activities that are to be completed on the existing structure. (1st read)
Councilor McCue moved with a second by Councilor Poulin to table the resolution and schedule a public hearing on April 19, 2010. So moved, the motion carried.
9. City Manager’s Report
Housing Progress Summary
Attached for the Council's information is a summary of the overall effort and activity which has occurred and continues to occur with respect to the issue of surplus and sub-standard housing in the City of Berlin.
East Milan Road Sewer Project Work
Attached hereto is the bid opening schedule for the East Milan Road Project. This project consists of a gravity sewer from the BOP FCI to a new Pump Station located at the BWW old treatment plant. From there a force main will continue south across the 12th Street Bridge and connect in with the interceptor sewer on Main Street. Bids will be opened April 29th, 2010 at 2pm at City Hall. Assuming that a contractor is issued a Notice to Proceed near the end of May, the Bid calls for a temporary low-capacity connection to the BOP-FCI by August 31st, 2010. The project should be substantially complete by the end of May of 2011 and complete by late July of 2011.
CPD VPPSA Tour and Interviews
The week before last Clean Power Development brought around a representative from the Vermont Public Power Supply Authority (VPPSA) as part of their due diligence. They interviewed a number of city officials and toured the area of the proposed development. CPD is negotiating with VPPSA presumably for a power supply agreement and has to convince VPPSA that their project is feasible and real.
USDA Rural Development Grant Application
This Friday, Molly Lambert, the new regional Director for USDA Rural Development, plans to be in Berlin. We are looking forward to meeting her in order to be able to discuss our RD grant application with her.
New Statewide Energy Code
Attached is an article on the new state-wide energy code which is already in effect having been adopted by the New Hampshire Building Code Review Board. In essence the State is transitioning from the 2006 International Energy Conservation Code to the 2009 International Energy Conservation Code. Compliance with the code is mandatory. Governor Lynch has provided assurance that NH would achieve 90% compliance with the new energy code by 2017 and the State has secured $25,827,000 in stimulus funds for state energy programs.
Rt. 110 Phase II Project
Attached is a letter from Project Manager Don Lyford explaining that the Hearing Commission appointed by the Governor and Council will meet this Thursday on April 8, to determine if there is occasion for the layout of highway improvements as proposed for the Berlin, NH 110 reconstruction project. This meeting will be held in Concord at DOT Headquarters at 7 Hazen Drive. The meeting is not a public hearing however and no public testimony will be taken.
NHDES wants Volunteers
The New Hampshire Department of Environmental Services and the Center for Environment at Plymouth State University are looking for volunteers interested in monitoring the water quality of the North Country's lakes and rivers. The State has several such volunteer monitoring programs which are described in the attached correspondence from DES. DES is planning an educational workshop on this in June designed specifically for volunteer monitoring programs in the North Country. We have a packet of material on this should anyone be interested in participating in one of these volunteer programs.
IRS Audit
I am not sure if Berlin had ever had a NH Bureau of Labor audit before this year, but clearly this is our lucky year. We were also chosen as one of 10 municipalities in the state to have an IRS audit. The odds of this are something like 1 in 23. Basically, the IRS comes in and reviews our books to determine whether the City has met all the arcane IRS regulations with respect to being an employer and a purchaser of goods and services. As an employer, we have to be sure that we are counting all benefits which are reportable as income under IRS as income. As a purchaser of goods and services we have to be sure to send a W-9 form to all vendors we deal with and then send a 1099 to all vendors we buy more than $600 from that are not corporations. As I said to the auditor, if they really wanted to be sure the majority of municipalities in the
state were following all of their rules, they would audit Concord, Portsmouth, Manchester and Nashua, then the word and the proper practices to satisfy the IRS would spread quickly.
Dedication of Berlin State Offices
Just a reminder that the dedication of the new Berlin State Office Building at 650 Main Street will be held Friday, April 9, 2010 at 11am. Refreshments and a tour of the building will follow the dedication.
Legislative Matters
Legislative Policy Process: Attached is NHMA's request for ideas for the 2011-2012 legislative policy process it goes through every year. If the Council as a whole or individual Councilors have policy suggestions for legislative change, they need to be submitted by the due date of May 3, 2010.
State Budget Process: The House Finance Committee proposes HB 1644 which cuts some state programs and reduces the state's contribution to the retirement system for the retirement system for teachers, police and fire employees and passing that along to the respective employees. However, this Bill has been tabled in the House.
The Senate proposes to solve the state's problems with a gambling bill SB 489 to raise the revenue it needs and has sent this bill to the House.
The Governor may weigh in at any time with his proposal for the state budget. This all creates the standard state budget confusion we have every year which leaves us all to wait and see what happens in mid-May when something is supposed to be sent to the Governor for his approval.
Public Works Monthly Report and Manager's Time-keeping both attached.
Mayor Grenier confirmed that former Mayor Dave Bertrand will cut the ribbon at the new Berlin State Office Building dedication on Friday since that was done under his previous administration.
Councilor Remillard asked the City Manager when the green Granite Street building will be torn down and what the status of the 95 Mason Street building is.
City Manager MacQueen replied that Arnold Drouin was awarded the bid to take down the Granite Street building. Nothing is happening with the 95 Mason Street building at this time.
Councilor Remillard moved with a second by Councilor McCue to accept the City Manager’s Report and place it on file. So moved, the motion carried.
10. Mayor’s Report
BWW Appointment: Terry Block, for a four-year term set to expire May, 2014. Mayor Grenier would like to put this appointment off until April 19 for further review.
ZBA Appointment: Harold Bigelow, for a three year term set to expire April 30, 2013.
Councilor Rozek inquired if it was standard procedure to get a letter of interest or recommendation?
Mayor Grenier replied that a letter is not a requirement. He personally spoke to Mr. Bigelow at length and feels comfortable nominating him for this reappointment.
Councilor McCue moved with a second by Councilor Landry to accept the Mayor’s reappointment of Harold Bigelow to the Zoning Board of Adjustment. Roll call resulted in unanimous affirmative votes with the exception of Councilor Cayer who voted no. So moved, the motion carried.
Councilor Evans recalls the problems with the Pisani proposal where they at first said it was ok to build there then changed their minds. He wants to know if the ZBA is doing a good job.
City Planner Pam Laflamme clarified that the Planning Board initially said yes but the ZBA said no.
Mayor Grenier added that the ZBA is a Quasi-Judicial board and they cannot use feelings to make their decisions. Their votes are based on actual law. Although they are not lawyers, they do a good job. They have to look at the general area of the community, activity of the parcels and impacts adding a lot to their decisions.
Councilor Remillard suggested that when a position opens, we should place an ad in the paper to advertise for others to try. She thinks that many times the public is not aware of an opening. We should run ads to get more public involvement.
Mayor Grenier pointed out that per the City Charter, the mayor has the power to appoint committee members with the approval of the City Council. If he cannot find a person to fill a particular position, then he would advertise in the local papers.
Pam Laflamme explained that the Planning Board takes on Associate Members who sit on the board to learn the workings of the board. That system works well for them. She knows the ZBA currently needs at least five more members to be a full board. The problem with the ZBA is that laws change every year and it is a tough role for the members. Over the years they have run ads but internal recruitment usually works best. During Mayor Bertrand’s term, they ran an ad and two people called inquiring about the openings but they never wrote letters of interest.
Councilor McCue added the ZBA is usually the first avenue of appeal of an administrative decision before going to Superior Court.
11. Public Comments - No Public Comments
12. COUNCIL COMMENTS
Councilor McCue can’t attend the State Office Building open house. He will be meeting at the Local Government Center that day. He encouraged anyone if they have any legislative ideas to please pass them on to him.
Councilor Evans asked the City Manager if Mrs. Wiemer is ok with the 2010-13 Resolution as it is written. The City Manager replied that Mrs. Wiemer is aware of the language and has no problem with the resolution.
Councilor Poulin asked the City Manager for a report about the school bus grave yard on Kent Street.
Mayor Grenier received a report about the blighted properties and asked the City Manager to give a copy to Council.
Councilor Rozek thanked the City Manager for providing him with the report that he requested which clarified numbers for him.
Mayor Grenier reminded Council about the Wednesday, April 7 non-meeting at 6:30.
13. Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Poulin moved with a second by Councilor Landry to adjourn the regular meeting at this time. So moved, Mayor Grenier declared the Regular Meeting adjourned at approximately 8:37 p.m.
A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
City Clerk
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