PUBLIC HEARING – June 7, 2010
Mayor Grenier opened and called to order the duly advertised and scheduled public hearing to accept public comments on the below noted ordinance at approximately 7:46 p.m.
Ordinance 2010-07 Amending Chapter 4 Building, of the Code of Ordinances of the City of Berlin.
There being no one wishing to speak for or against the above noted ordinance, Mayor Grenier closed the public hearing portion of the meeting at approximately 7:47 p.m.
REGULAR CITY COUNCIL MEETING – JUNE 7, 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, Danderson, Evans, Rozek, Cayer and Poulin. Also present: Pat MacQueen, Susan Tremblay, and the press.
Minutes, Previous Meetings
Councilor Evans moved with a second by Councilor Landry to accept the minutes of the 5/17/10 WS & Regular Meeting; 5/24/10 WS; and 5/26/10 Budget Public Hearing. So moved, the motion carried.
Disbursements:
It was recommended by the Committee on Accounts/Claims to pay all bills dated 5/20/10–6/09/2010 for a total cash disbursement of $2,186,916.75 Draft #1617. Councilor Remillard moved with a second by Councilor Danderson 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. Ordinance 2010-07 Amending Chapter 4 Building, of the Code of Ordinances of the City of Berlin (tabled 5/17/10) Be it ordained by the City Council of the City of Berlin, as follows:
Sec. 4-1. Declaration of purpose.
The city council hereby adopts the State Building Code to establish uniform rules and regulations for the construction of buildings within the city pursuant to RSA 155-A, as amended. (Ord. of 10-1-90 & 6/7/10)
Sec. 4-2. Ordinary Repairs.
(b) No permit is required for ordinary repairs, as defined in the State Building Code. The use and occupancy of any structure on the date of the adoption of the building code or for which it has been previously approved shall be permitted to continue without change, except as may be mandated by any of the national code requirements. (Ord. of 10-1-90 & 6/7/10)~Cross References: Housing, Ch. 8; mobile homes and mobile home parks, Ch. 10.
Sec. 4-3. Application for permit.
(a) Application for building permits shall be made to the building inspector and shall be accompanied by plans and specifications which shall to the satisfaction of the building inspector adequately show the work to be done. Such plans and specifications shall be verified by the signature of either the owner of the premises or the contractor in charge of the construction work. All plans shall bear the seal of a registered architect or engineer, except for the following: single- or two-family dwellings or any structure which does not have as its principal structural members reinforced concrete or structural steel or is two (2) stories or less and four thousand (4,000) square feet or less and is not a building of public assembly.
(b) A completed application shall contain all necessary information as required by any applicable provision of any of the national codes containing the construction requirements (Ord. of 10-1-90 & 6/7/10))
Sec. 4-4. Action on application.
(a) Upon submission of a completed application, the building inspector shall examine such document to determine if the proposed construction or alteration complies with the requirements set forth by the building, plumbing, electrical and life safety codes.
(b) The fire department shall review all permit applications and requests for certificates of occupancy to determine compliance with the fire prevention and life safety codes and shall file its report with the building inspector.
(c) Upon approval, a building permit shall be issued for construction, which is to begin within thirty (30) days from date of issue. (Ord. of 10-1-90 ) & 6/7/10)
Sec. 4-5. Compliance with other ordinances and regulations and certificate of occupancy.
No permit or certificate of occupancy issued pursuant to this building code shall be valid unless it complies with the provisions of the zoning ordinance, subdivision regulations, if applicable, and any and all pertinent regulations of the city. No new structure shall be occupied for use until a Certificate of Occupancy has been granted by the code official. The Code Official shall issue a Certificate of Occupancy for new structures only at such time that that official is satisfied that the structure is substantially complete and safe for occupancy and that applicable codes have been met. (IBC language) (Ord. of 10-1-90 & 6/7/10))
Sec. 4-6. Inspections.
The code official shall make or cause to be made such inspections as deemed necessary to enforce this building code and to conduct tests or examinations of materials and methods used for the purpose of compliance with the code.
Sec. 4-7. Fees.
The minimum fees for building, electrical, plumbing, mechanical, demolition and other permits issued by the building inspector shall be as follows:
Residential 1&2 Family |
|
Fee |
Additions & Alterations |
|
$10.00 |
Garage/Carports |
|
$10.00 |
Siding |
|
$5.00 |
Storage Bldg |
|
$5.00 |
Fence |
|
$5.00 |
Sign |
|
$5.00 |
New Home |
|
$25.00 |
Elect/upgrade |
|
$10.00 |
Elect/new system |
|
$25.00 |
Plumbing/upgrade |
|
$10.00 |
Plumbing/new system |
|
$25.00 |
Multi-Family |
|
|
Additions & Alterations |
|
$25.00 |
New Building |
|
$100.00 |
Elect/upgrade |
|
$25.00 |
Elect/new system |
|
$50.00 |
Plumbing/upgrade |
|
$25.00 |
Plumbing/new system |
|
$50.00 |
Com/Ind/Ins |
|
|
Additions & Alterations |
|
$50.00 |
New Building |
|
$100.00 |
Elect/upgrade |
|
$50.00 |
Elect/new system |
|
$100.00 |
Plumbing/upgrade |
|
$50.00 |
Plumbing/new system |
|
$100.00 |
Other |
|
|
Manufactured home |
|
$25.00 |
Demolition Permit |
|
$5.00 |
(Ord of 6/7/10)
Sec. 4-9. Modifications.
When there are practical difficulties involved in carrying out the provisions of any adopted national code, the building inspector may vary or modify such provisions, provided the spirit and intent of the law are observed and public welfare and safety are assured. (Ord. of 10-1-90 )~State Law References: Public hearing requirements, RSA 47:22.
The following changes are made in the following codes:
Sec. 4-10. Additions, insertions, deletions and changes.
(1) State Building Code (International Building Code, 2006 Edition.
a. Section 100.1 Title. These regulations shall be known as the building code of the city, hereinafter referred to as this code.
b. Section 103.4 Rehabilitation. Buildings existing before January 1, 1991, in which there is work involving repairs, alterations, additions or changes of use shall be made to conform to the code by applying the requirements of Article 32 or the provisions of Articles 2 through 31.
c. Section 109.1 Code official. The code official as referred to in these codes shall mean the health officer, building inspector or their designees.
d. Section 109.2 Appointing authority. The code official shall be appointed by the city manager. The code official shall not be removed from office, except for cause and after full opportunity to be heard on specific charges by and before the appointing authority. (Ord of 6/7/10)
Sec. 4-11. Building Code Board of Appeals.
(a) There is hereby established a Building Code Board of Appeals which shall be made up of five (5) members appointed for staggered terms of three years each by the Mayor and Council. In the initial appointment, one member will be appointed for a one year term, two members will be appointed for a two year term and two members will be appointed for three year terms. Thereafter, all members will be appointed for three years terms continued on a staggered basis so that no more than two appointments occur in any year except to fill a vacancy. . Members of the Building Code Board of Appeals must be residents of the City of Berlin. The Building Code Board of Appeals shall have the power, upon appeal filed with it by any person aggrieved by a decision of the Building Inspector dealing with this building code, to overrule a decision of the
Building Inspector where it feels that the interpretation of the Building Inspector of the Codes is incorrect. In addition, the Building Code Board of Appeals may waive a requirement of the Building Code where it deems that enforcement of the requirement would do manifest injustice and would be contrary to the spirit and purpose of the building code and the public interest or where it deems that another approach proposed will achieve the equivalent result. It is intended that the Board of Appeals shall have such powers as conferred by law. Any person aggrieved by a decision of the Board of Appeals may appeal the decision to the Coos County Superior Court as provided in RSA677:16.
(b) Any appeal to the Board of Appeals shall be taken within fifteen (15) days from the date of the decision of the Building Inspector. The time, notice and manner of hearing before the Board of Appeals shall conform to the same requirements as the hearing before the Zoning Board of Adjustment, except that no notice will be given to abutters. (Ord. of 10-1-90 & 6/7/10))
Sec. 4-12. Fines and penalties.
Any person who violates or fails to comply with the provisions of this chapter and referenced codes herein adopted shall have up to thirty (30) days upon notification to comply. After a maximum of thirty (30) days, anyone found in violation of this chapter or the referenced codes shall be deemed guilty of a violation and shall be fined the amount of no less than one hundred dollars ($100.00) per day per violation. Each day the violations exist shall be considered a separate offense. Absence of any required permits or lack of compliance with any referenced codes shall be prima facie evidence of a violation. (Ord. of 10-1-90 & 6/7/10). This Ordinance shall be in full force and effect from and after passage.
Councilor Danderson moved with a second by Councilor McCue to remove the ordinance from the table at this time. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor McCue to have the ordinance read a second time by title only. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor McCue to read the ordinance a third time by title only. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor McCue to pass the ordinance. So moved, the motion carried and Mayor Grenier declared the ordinance now passed.
NEW BUSINESS
2. Resolution 2010-21 Accepting a Grant for Two Hundred Fifty Dollars ($250.00) from Wal-Mart and appropriating the funds to the Berlin Public Library. (1st read).
Councilor McCue moved with a second by Councilor Landry to table the resolution and schedule a public hearing for June 21. So moved, the motion carried.
3. Resolution 2010-22 Accepting a Grant in the amount of Four Hundred Sixty-Five Thousand Dollars ($465,000) from the Energy Efficiency and Conservation Block Grant Fund and Appropriating the Funds Therefore and Authorizing the City Manager to Enter into a Contract with the Community Development Finance Authority (CDFA) to Establish a Local Office, Technical Support, Marketing and Outreach Related Directly the Energy Efficiency and Conservation Block Grant. (1st read).
Councilor Remillard moved with a second by Councilor Poulin to table the resolution and schedule a public hearing for June 21. So moved, the motion carried.
4. Resolution 2010-23 Authorizing an Application to the U.S. Department of Agriculture, Rural Development for a Fifty Thousand Dollar ($50,000) Rural Business Opportunity Grant for a Downtown Design and Economic Action Plan. (1st read).
Councilor McCue moved with a second by Councilor Poulin to table the resolution and schedule a public hearing for June 21. So moved, the motion carried.
5. Resolution 2010-24 Appropriating Eight Thousand, Four Hundred Eighty-Nine Dollars and Thirty-Six Cents ($8,489.36) to Pay the Internal Revenue Service. (1st read).
Councilor Danderson moved with a second by Councilor McCue to table the resolution and schedule a public hearing for June 21. So moved, the motion carried.
6. Resolution 2010-25 Adopting a Budget and Appropriating Money to Defray the Expenses of Berlin’s City Government for the Fiscal Year 2011. (1st read).
Councilor Remillard moved with a second by Councilor Landry to table the resolution and schedule a Special Meeting for June 14. So moved, the motion carried.
7. Resolution 2010-26 Changing the Purpose of $29,825.80 Remaining in the Budgeted Capital Account for PD Severance and Transferring it to the PD Cates Hill Wireless Project Account. (1st read).
Councilor Danderson moved with a second by Councilor Remillard to table the resolution and schedule a public hearing for the June 14 Special Meeting. So moved, the motion carried.
8. Resolution 2010-27 Changing the Purpose and Name of the Item in Bond Resolution 2009-43 Titled “Street Rehabilitation” in the amount of $1,200,000.00 to “Hutchins Street Realignment” and Allocating $460,000 of Unallocated funds in that same Bond Resolution to Bridge Inspection/Repair. (1st read).
Councilor Danderson moved with a second by Councilor Poulin to table the resolution and schedule a public hearing for June 21. So moved, the motion carried.
9. Police Union Local 3657 Proposed Contract Amendment Ratification Vote.
It was the consensus of Council to refer to this matter to the June 14 Work Session.
10. Wight Street Traffic Sign Request.
Public Works Director, Michael Perreault, recommends that a 15 minute parking limitation in the north bound lane of Wight Street between Boulay Street and Sixth Avenue due to a safety concern.
Councilor Remillard is vehemently opposed to this request due to the proximity of Rudy’s Market.
Councilor Rozek moved with a second by Councilor Danderson to accept the communication and refer the matter to the Safety Committee for further review. So moved, the motion carried.
11. City Manager’s Report
East Milan Road Project
The construction work on the East Milan Road sewer project has gotten off to a good start. The required silt fences have been erected and excavation near where the new pump station will go at the old water treatment plant has begun.
Tax Deeded Property Sale
Bids were opened on 3 properties that were tax deeded some time ago.~ There were no bids on 174 Jericho Road. With a minimum bid set at $13,310, 120 Pershing Avenue received a bid of $13,400. The minimum bid on land on Wood Street was $4,890 and a bid of $6,510 was received.~ Deeds are being prepared and the sales should be finalized in the next few weeks.
Upcoming Demolition Bid
There is a bid out for the demolition of 390 and 522 School Street.~ Bids are due June 29th.~ This contract is expected to be funded in part by the Neighborhood Stabilization Program.
District Leachate
It appears that the Waste District has voted to work with the City toward the City taking and treating the leachate from the Mt. Carberry landfill. This is an opportunity for the City as well as a large reason to carry out as much I&I as possible as quickly as possible.
Yearly Bid for Electrical Services and Heating Fuel
The bid for the City’s electrical services is out for the upcoming fiscal year.~ Bids are due Tuesday, June 22. We will also be letting a bid for Heating Fuel this week.
Filing Period for State Reps.
City Clerk Patrick reports that there is a filing period for State Representatives at City Hall from June 2 through June 11, ending at 5:00 pm Friday for the September 14 Primary election.~ Anyone interested in filing can do so. All other positions such as Registrar of Deeds, Sheriff and County Commissioner~are done through the Secretary of State’s Office.
ATV Rules
The cross-town ATV trail is now re-open and there have been some problems this year with them. I included a copy of the City's ATV rules which are based on the Ordinance adopted by the Mayor and Council.
Traffic Paint Shortage
Attached is an article on traffic paint shortage of all things. This has definitely greatly impacted our ability to get the normal traffic painting done as you just can't get the paint. PW Director Perreault has now been assured that he would receive paint in 3-4 weeks but he does not have great confidence that this will be the case.
Robin Hood Road Rally
The Robin Hood Road Rally turned out to have good weather for the event which took the weekend of May 22nd and 23rd. It was a first of its kind and I think we all learned quite a bit from it.
Mowing for the City
Kim Lambert has again this year donated the mowing of the area of the Cleveland Avenue Bridge. Many thanks to Kim for his civic-minded generosity.
Legislative Matters
Special Session: A Special Session for the purpose of ensuring "a balanced state budget" has been called by the Governor and the Executive Council. Both the House and Senate will meet Wed. at 10am. Beyond that the field for where this will go to try to reign in the projected $295M state deficit is wide open.
PW Report and Manager's Time Keeping both available for review in the City Manager’s Office.
Mayor Grenier asked the City Manager where the legal requirements to use the ATV Trail are posted. The City Manager replied that the trail rules are in many locations including both ends of the trails. If there are any problems, it is an education problem.
Councilor Landry directed his question to Councilor Cayer about the status of the landowner on RT 110 and asked if there was any progress there? Councilor Cayer replied that land is a complete roadblock but there is an alternate route with Water Works land.
Councilor Rozek asked the City Manager when the road paint was ordered and what that amount was. The City Manager will get that information for Councilor Rozek.
Councilor Landry moved with a second by Councilor Remillard to accept the City Manager’s Report and place it on file. So moved, the motion carried
12. Mayor’s Report - Appointments
BIDPA: Richard Eastman, three year term set to expire June 2013; Dave Poirier, three year term set to expire June 2013
Councilor Rozek moved with a second by Councilor Danderson to accept both BIDPA re-appointments as nominated by the Mayor. So moved, the motion carried.
ZBA: Gregg Marrer, three year term set to expire April 2013
Councilor Danderson moved with a second by Councilor Remillard to accept Mayor Grenier’s nomination of Gregg Marrer. So moved, the motion carried.
Mayor Grenier reported that Council is half way to home plate with the budget process. He commended Council who has worked hard to put up with this time consuming process. It has been a pleasure to work with this diverse group who are dedicated and working hard to put together a document citizens can live with. This shows how much Council cares. The Mayor however, is disappointed that other than the Teamsters and PD, no one else came forward to help Council make this budget work. He doesn’t want to see anyone lose jobs but Council does not have much choice and three or four employees might lose jobs due to lack of funding. It is sad that employees collectively could not save four jobs. Mayor Grenier is not mad but is disappointed since he thought a bigger effort would be made to work with the
Council. This leaves him with a jaundiced eye while looking at those groups who come to Council for compensation.
Councilor Danderson moved with a second by Councilor McCue to accept/file the Mayor’s Report.
13. Public Comments - No public comments
14. COUNCIL COMMENTS
Councilor McCue thanked Laura Viger for the good job she did setting up the Randy Rosenberg Memorial Service which was well done. The turnout was impressive and it made him proud of the community. He thanked the Recreation, Public Works and Police Departments for setting up the Drive-in-the-50’s, the public who attended the festivities and the Mayor for picking the winners.
Councilor Rozek is concerned about possible vandalism to the Randy Rosenberg memorial plaque. He stressed that the City needs to address the issue about securing a stronger base with either granite or brick. The City Manager will ask the Public Works Department to take care of the matter and he will report the results back to Council.
Councilor Cayer had three topics of discussion. The first is that he agreed the Randy Rosenberg Memorial ceremony was heartfelt and he acknowledged that former Ward Four City Councilor Richard Poulin initiated that project.
Second, Councilor Cayer informed the Council that the ATV trail reopened for the season a couple of weeks ago. The committee is still together and their next goal is to focus on the education and tune-up of the trail. Last year there was a collaborative effort between the City, State and local people who worked to create a one of a kind ATV Connector Trail in the State. Positive results are already being felt in the city. We should not let thoughtless actions by a few shed a negative light on the trail since closing the connector trail would have a negative impact on the local economy. Councilor Cayer asked that all trail users be respectful since riding on these trails is a privilege that can be taken away any time. People can help to benefit or destroy it. The long range goal was to benefit the
community by attracting visitors downtown.
Councilor Cayer’s third comment appears verbatim:
“During the last election the message of job creation won the day. I believe those officials who ran on the mantra of "jobs jobs jobs" sit here today in large part because those who voted for them believed that they would put every effort into doing everything possible to follow through on that theme. I to am anxious to hear from these newly elected officials as to their plan for creating jobs. Of course it was understood that the true underlying message for job creation was to bring support for Laidlaw to these chambers and do whatever possible to help see that project to fruition. I want to remind you that this councilor continues to oppose the Laidlaw project and believes that the reasons to support that position are in the facts that show among other things serious obstacles, which I believe, will ultimately stop the
project. Not to mention the serious questionable business history Laidlaw brings with it. Like lawsuits against them for unpaid bills. Lawsuits brought by them against other communities who stood up to them for legally valid reasons and challenged their proposed projects. Does the history in the last couple decades of companies who have come to Berlin with similar promises to save jobs, only to end up leaving and leaving behind less then it started with bother anyone else? The newly elected officials also stated that their support of Laidlaw would not come at the expense of not supporting the other biomass project being proposed by Clean Power Development. On several occasions the Mayor himself has publicly stated his support of both projects. So it was a shock to read in the May 28 edition of the Berlin Daily Sun these remarks that he made in his Mayors Report.
And I quote:
"This past Monday evening, I removed Clean Power Development's Bill Gabler from the city council's work session. We have a lot of work on our plate and I don't believe it's appropriate to listen in on a sales pitch from a company that had it's "hand caught in the cookie jar" with devious antics. It is becoming increasing clear to me as your mayor that CPD's primary mission is to place undue hardships and roadblocks to both Laidlaw Berlin Biopower and PSNH. Laidlaw, on the other hand, has been extremely professional in their handling of all of the childish antics of CPD and their supporters. Since CPD has engaged the legal process to address their differences with PSNH, PSNH has respectfully complied and they appear to have no desire to open dialogue with CPD. Clean Power Development, in my opinion, should concentrate on
developing and building their own project with a market for their power, not continuing their present course of the scorched earth tactics they are employing. It is both sad and pathetic, to tthe detriment of Berlin's taxpayers."
I want to begin by reminding my fellow councilors that it was the Mayor who at a recent meeting proposed cutting back our meeting schedule for the months of June, July and August from 4 times a month to twice a month. Something I admit I initially had reservations voting for. But I trusted the Mayors request was based on the belief that we would be able to accommodate all items of importance coming to this body in a timely manner. However in light of the fact that we can't make time to get a potential developer who requested to come before this body on our agenda, I am requesting that you consider, we rescind that motion and continue to meet every week as we have been. Obviously there is plenty of city business that needs our attention.
The Mayor also stated in his report "It is becoming increasing clear to me as your mayor that CPD's primary mission is to place undue hardships and roadblocks to both Laidlaw Berlin Biopower and PSNH."
I find that statement to be very troubling given the amount of time and energy CPD has spent to get their project to where it is today. Including purchasing land from the city, countless hours of meetings, public hearings and city approvals, approvals from the State, and continued efforts to finally bring the project to fruition. Including a meeting with the planning board tomorrow night to discuss an issue which they wanted to come speak to this body about, but the Mayor couldn't make the time for.
What is becoming increasingly clear to everyone closely following the process is PSNH's role in trying to help Laidlaw attain the permit. But what is truly both sad and pathetic as the Mayor puts it in his report, is how they are attempting to do so at the expense of stopping CPD.
If the Mayor and councilors who were elected on the platform of jobs are serious about keeping that campaign promise, then I believe they owe it to those who voted for them and all residents to consider the testimony now in front of EFSEC which predicts a net loss of jobs if a permit is' granted to Laidlaw.
And that my fellow councilors would be a detriment not only to the taxpayers of Berlin but also to all residents of Coos County.”
Councilor Danderson defended that the ATV Park was his idea to start with and he worked very hard to get new businesses here. To give criticism now is an inopportune time since Council is working on the worst part of the city budget. Council has to get through the budget process and Mayor Grenier has done a good job. We can’t have the private sector scrimp and not expect the public sector to do the same. He personally believes both Laidlaw and Clean Power will have a hard time due to the cost of fuel and gas is taking over the industry. Councilor Danderson thinks we should let them run their course and shouldn’t get involved in their business. There should be no special deals for anyone. He heard the complaint regarding the Robin Hood Rally but thinks we should expand the road rallies and
work with Mr. McLain who owns land in Jericho to bring other opportunities in the loop. We need to work hard to attract a rally track. He was impressed with the Robin Hood people who entered the race. Shelburne actually had the facilities, restaurants, hotels to offer these people. How many restaurants can we recommend in Berlin? We need people like Dave Poulin who invest their own money into the City. He advised Councilor Cayer not to attack and throw road blocks. We have to look at ourselves and look at our problems. Berlin has a very high tax rate which keeps people away. Council should not attack each other but work together.
Councilor Poulin said it is evident that Council members don’t all agree with Laidlaw and Clean Power. One thing that does bother him is, it can be said for the last two years, he knew what was going on and was in the loop. He realizes it is privy for the mayor to take someone off the agenda but as a courtesy the Mayor should inform Council he was doing so and they could then discuss it. He is trying to be respectful for all and does not want to get in the middle but he would appreciate a heads up before reading it in the paper. He does not want the Mayor to play favorites.
Mayor Grenier stated for the record that Laidlaw asked to be here. The Mayor sets the agenda and they have to approach the Mayor to be placed on the agenda and not a staff member. All Bill Gabler has to do is ask the Mayor for time on an agenda. Mayor Grenier assured Council that he will not play favorites on city time.
15. Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Danderson moved with a second by Councilor Landry to recess the regular meeting and enter into Non-Public Session Per RSA 91-A:3, II(d) Land Matters. By unanimous roll call vote, Mayor Grenier declared the Regular Meeting recessed at approximately 8:42 p.m.
A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
City Clerk
| 
