PUBLIC HEARING – June 21, 2010
Mayor Grenier opened and called to order the duly advertised and scheduled public hearing to accept public comments on the below noted resolutions at approximately 7:39 p.m.
-Resolution 2010-21 Appropriating $250 Wal-Mart Grant to Library – no comments
-Resolution 2010-22 Appropriating Energy Money:
City Manager MacQueen explained that this $465,000 grant is provided through the CDFA. Berlin was chosen as one of three Beacon Communities and the other two are Plymouth and Nashua. Ten Million Dollars was divided to establish a local office, marketing support, etc. The remainder is to be split between the three communities primarily in the form of loans to people that apply for them to make improvements to their properties.
-Resolution 2010-23 to Apply for Rural Business Opportunity Grant – no comments
-Resolution 2010-24 to Make Payment to the IRS in the Amount of $8,489.36:
City Manager MacQueen explained that back in October 2008, the City was audited by the IRS to make sure the City kept within their regulations such as standard paperwork. The IRS said the City owed them Forty Four Thousand Dollars in taxes. Due to six months worth of extensive paperwork, we were able to reduce that amount to a little more than Eight Thousand Dollars. Berlin was one of the few municipalities audited by the IRS.
-Resolution 2010-27-R Changing the Purpose of $1,200,000 “Street Rehabilitation" funds to "Hutchins Street Realignment" and allocating $460,000 of unallocated funds to "Bridge Inspection/Repairs” – no comments
There being no one wishing to speak for or against the above noted resolutions, Mayor Grenier closed the public hearing portion of the meeting at approximately 7:44 p.m.
REGULAR CITY COUNCIL MEETING – JUNE 21, 2010
Mayor Grenier called the regular 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, Danderson, Evans, Rozek and Cayer. Councilor Poulin was absent. Also present: Pat MacQueen, Susan Tremblay, Dependable Taxi owners, Felix and Francis Pisani, Roberta Remillard and the press.
Minutes, Previous Meetings
Councilor Remillard moved with a second by Councilor Landry to accept the minutes of the 6/07/10 WS & Regular Meeting; 6/14/10 WS/Special Meeting. So moved, the motion carried.
Disbursements:
It was recommended by the Committee on Accounts/Claims to pay all bills dated 6/10/10–6/23/2010 for a total cash disbursement of $2,373,163.65 Draft #1618.~ 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:
Diana Nelson, New Hampshire Employment Security, handed the Mayor and Council two brochures detailing two new initiatives from Governor Lynch. The first is the “Stay at Work, WorkShare Program.” This initiative offers employers an alternative to layoffs during a temporary slowdown in business. It also allows employers to keep eligible employees on the payroll by having all the workers in a department unit share reduced work hours of 10-50% and collect a percentage of Unemployment Insurance benefits for up to 26 weeks.
Mark Belanger, New Hampshire Employment Security, was excited about part two the “Return to Work Initiative.” This allows unemployed claimants to continue to receive their unemployment benefits while receiving up to six weeks (up to 24 hours per week maximum) of on-the-job training at no cost to the employer while NHES pays workers compensation. This training provides employers with a no strings attached opportunity to observe a claimant’s work ethic, skills and their fit within an organization. Mr. Belanger concluded it is an exciting process and so far, most people in the program have gotten hired because they showed initiative during the training process. Details are available at our local NHES office for both claimants and employers.
Mayor Grenier thanked Ms. Nelson and Mr. Belanger for coming tonight to inform Council about this program which should help both residents and employers. He hopes the local press will expand upon the initiative programs to get the word out.
Dan Millet, 12 Grandview Drive, Dependable Taxi owner, thanked the Mayor and Council for making the changes to the Taxi Ordinance regarding insurance which will allow him to service Berlin as well as Gorham.
OLD BUSINESS
1. Council Committee Reports – No Reports
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. (tabled 6/7/10).
Resolved by the City Council of the City of Berlin as follows:
Whereas, the Berlin Public Library offered 75 free Reading Programs last year; and
Whereas, Wal-Mart generously offers grants to local libraries to benefit the community. Now therefore be it resolved that the City Council of the City of Berlin accepts a grant in the amount of Two Hundred Fifty Dollars ($250.00) and appropriates the funds to the Berlin Public Library for the purpose of the grant; The Council further authorizes the City Manager to do all things necessary to effectuate the grant. This Resolution shall be in full force and effect from and after passage.
Councilor Danderson moved with a second by Councilor McCue to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor Landry to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor Landry to read the resolution a third time by title only. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor McCue to pass the resolution. So moved, the motion carried and Mayor Grenier declared the resolution now passed.
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. (tabled 6/7/10). Resolved by the City Council of the City of Berlin as follows:
Whereas, the City of Berlin was one of three communities selected by the State Energy Efficiency and Sustainable Board to represent New Hampshire as a Beacon Community; and
Whereas, the Department of Energy is requiring that the money be used by each municipality for its field representative and activities related to that person’s position be contracted by the individual community and not the State of New Hampshire; and
Whereas, the project will be looking to perform energy reduction projects in Berlin through retrofitting buildings that include residential, commercial, industrial, and municipal for the benefit of the community; and
Whereas, this grant will allow the City to save citizens and businesses money through energy retrofitting projects; and
Whereas, all grant proceeds shall be deposited with the City Treasurer and any additional use of the funds beyond the scope of work as listed in the contract shall require prior approval of the City Council. Now Therefore, be it resolved by the City Council of the City of Berlin as Follows: That the City Manager is authorized to accept a grant in the amount of Four Hundred Sixty-Five Thousand Dollars ($465,000.00) from the Energy Efficiency and Conservation Block Grant fund; that the funds are hereby appropriated for the purpose of the grant and the City Manager is further authorized to enter into a contract with the Community Development finance Authority (CDFA) to establish a local office, technical support, marketing, and outreach related directly to the Energy Efficiency and Conservation Block Grant. Be it further resolved
that the City Manager 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 McCue moved with a second by Councilor Landry to remove the resolution from the table at this time. So moved, the motion carried
Discussion: Councilor Danderson wants it known that it’s not right how Federal money is being wasted with this resolution. The only reason he supports it is that it will provide low interest loans to people to fix their houses.
Councilor Danderson moved with a second by Councilor McCue to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor McCue to read the resolution a third time by title only. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor McCue to pass the resolution. So moved, the motion carried and Mayor Grenier declared the resolution now passed.
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. (tabled 6/7/10) Resolved by the City Council of the City of Berlin as follows:
Whereas, the City of Berlin recently finished a ten year Master Plan and one of the highest priority items from the plan is the redevelopment of downtown; and
Whereas, the Berlin Main Street Program wants to work with the NH Grand Northern NH Marketing Project which is a community-based tourism initiative~to identify Berlin’s niche and whether it has the capacity to act a marketplace for tourists in the North Country; and
Whereas, there is renewed activity and commitment in the downtown from the business community, nonprofit sector and the municipality; and
Whereas, this grant will allow the City to identify preliminary streetscape designs, market potential, and strategic opportunities for downtown; and
Whereas, all grant proceeds shall be deposited with the City Treasurer and any additional use of the funds beyond the scope of work as listed in the application shall require prior approval of the City Council. Now therefore be it resolved by the City Council of the City of Berlin as Follows: That the City Manager is authorized to sign and submit an application to the U.S. Department of Agriculture, Rural Development for a Fifty Thousand Dollar ($50,000.00) Rural Business Opportunity grant for a Downtown Design and Economic Action Plan. Further, that the City Manager is authorized to receive said grant and do all things necessary to effectuate it, and the grant proceeds are hereby appropriated, in addition to all other funds, for the purpose of the grant. This Resolution shall be in full force and effect from and after
passage.
Councilor McCue moved with a second by Councilor Danderson to remove the resolution from the table at this time. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Landry to have the resolution read a second time by title only. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Landry to read the resolution a third time by title only. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Landry to pass the resolution. So moved, the motion carried and Mayor Grenier declared the resolution now passed.
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. (tabled 6/7/10). Resolved by the City Council of the City of Berlin as follows:
Whereas, the City of Berlin was chosen in this fiscal year for audit by the IRS; and
Whereas, this audit which began in October of 2009 and continued through May of 2010, sought an original amount of $43,816.48 which has been reduced to ($8,489.36) through the efforts of the staff to correct oversights and complete paper work; and
Whereas, the amount of $8,489.36 had to be paid by June 7, 2010 to avoid further penalties and interest; and
Whereas, further abatements to this amount may continue to be granted even after this amount is paid if the City is able to show further reasons for abatement. Now therefore, be it resolved that the Berlin City Council hereby appropriates Eight Thousand, Four Hundred Eighty-Nine Dollars and Thirty Six Cents ($8,489.36) from Undesignated Fund Balance for the purpose of making this payment to the IRS. This Resolution shall be in full force and effect from and after passage.
Councilor Danderson moved with a second by Councilor McCue to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor McCue to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor McCue to read the resolution a third time by title only. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor McCue to pass the resolution. So moved, the motion carried and Mayor Grenier declared the resolution now passed.
6. Resolution 2010-27-R 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. (tabled 6/7/10). 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 $5,000,000 in bonding for various Capital Projects; and
Whereas, approximately $485,000 of that bond money remains unallocated; and
Whereas, the City has obtained about $800,000 in Federal Funds toward the Hutchins Street Realignment Project and had allocated in Bond Resolution 2009-43 the amount of $1,200,000 toward this same project or alternatively, other street rehabilitation projects; and
Whereas, it is now clear that the Hutchins Street project will not occur before the summer of 2011; and
Whereas, there is still great need for bridge rehabilitation in the City of Berlin this summer. Now therefore, be it resolved by the Mayor and Council that the item listed in Bond Resolution 2009-43 as "Street Rehabilitation" in the amount of $1,200,000 is hereby changed in name and purpose to "ENG Hutchins Street Realignment", and further that $460,000.00 of the unallocated bond funds be added to the item listed in Bond Resolution 2009-43 as “ENG Bridge Inspection/Repair” so that the new total for that item is $750,000.00. This Resolution shall be in full force and effect from and after passage.
Councilor Remillard moved with a second by Councilor Landry to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Landry to have the resolution read a second time by title only. Roll call resulted in unanimous affirmative votes. The motion carried.
Councilor Remillard moved with a second by Councilor Landry to read the resolution a third time by title only. Roll call resulted in unanimous affirmative votes. The motion carried.
Councilor Remillard moved with a second by Councilor Landry to pass the resolution. Roll call resulted in unanimous affirmative votes. The motion carried and Mayor Grenier declared the resolution passed.
NEW BUSINESS
7. Ordinance 2010-08 Amending the Berlin Code of Ordinances, Chapter 9, License and Regulation of Occupations and Businesses, Art. VIII. Taxicabs, Sec. 9-268. Insurance (1st read)
Councilor McCue moved with a second by Councilor Landry to table the ordinance and schedule a public hearing on Tuesday, July 6, 2010. So moved, the motion carried.
8. Ordinance 2010-09 Amending the Code of Ordinances, Chapter 17, Zoning, Article III. Nonconforming Lots, Uses and Structures. (1st read)
Councilor Remillard moved with a second by Councilor Landry to table the ordinance and schedule a public hearing on July 6, 2010. So moved, the motion carried.
9. Resolution 2010-28 Accepting the sum of Twenty-Six Thousand, Nine Hundred and Sixty-Five Dollars ($26,965.00) from Tri-County Community Action Program and the NH Recovery Program for Funding of Berlin Recreation and Parks Department 2010 Summer Program Staffing and Supplies. (1st read)
Councilor Danderson moved with a second by Councilor Landry to table the resolution and schedule a public hearing on July 6, 2010. So moved, the motion carried.
10. Resolution 2010-29 Authorizing the Transfer of Any and All City Interest in a Parcel of Land, Identified as Parcel C on the Map Attached, to the Abutters (North Woods Mobile Home Park Cooperative, Inc. (1st read)
Councilor Remillard moved with a second by Councilor McCue to table the resolution and schedule a public hearing on July 6, 2010. So moved, the motion carried.
11. City Manager’s Report
Meeting at DOT on Bridges
On Monday June 7th, Ed Bergeron of HEB Engineers and I met with representatives of NHDOT Bridge Division to go over possible time tables for the construction of the 12th Street Bridge and the Hillside Bridge. It was determined that it should be possible with the design review cooperation of the DOT to carry out the 12th Street Bridge Construction work this summer. DOT encouraged the idea of closing the bridge to traffic for the work both because it should result in better pricing and because it will make the job go much quicker.
80% state funding for that bridge work however will not be available until July 1, of 2015. Therefore, the Mayor and Council have been considering a Resolution which up for second reading tonight and would provide the needed funding for the project to happen this summer. The City would then be reimbursed by the State in July of 2015 for the 80% share of the work.
East Milan Road Project
The excavation for the foundation work for the new pump station has begun as has a good deal of the pavement removal where the new sewer will go. The Contractor, Sargent Corp. has set up its staging area for the project on the old Hexaport property in the Maynesboro Industrial Park.
District Leachate Meeting in Concord
Chris Dwinal of Wright Pierce and Mike Perreault along with CMA Engineers representatives of the AVRRD met with DES officials in Concord last week to review what DES will need in order to approve District Leachate being delivered to the City WWTF. CMA had an agenda for the meeting which reviewed the issues and possible routes and the various means to cover and reduce flows. Overall, there were no major concerns about treatability. They confirmed that there would have to be an agreement between the City and the District which defines the basic industrial pre-treatment requirements. The next step for the District will be to meet with the EPA to see if EPA will approve their new approach which will undoubtedly ask for an extension of time.
Jericho Mountain State Park ATV Festival – July 10th & 11th
The NH Department of Resources and Economic Development (DRED) and the North Country Council with the assistance of the advertising consultant Glen Group are promoting what they hope will be the largest gathering of ATV enthusiasts yet at the Jericho Mountain State Park. The event is scheduled for Saturday and Sunday July 10th and 11th. There has been wide-spread promotion for this event. NH ATV registrations are being waived for the two days of the event for people coming from out of State. In short, Berlin is likely to be inundated with ATV enthusiasts that weekend.
North Country Council Quarterly Representative Meeting
The North Country Council Quarterly Representative Meeting is being held at the Barn at the Rocks Estate in Bethlehem, on Wed., June 23, 2010. The guest speakers will be talking about Brownfields Study and Assessment. The flier/agenda for that meeting is attached.
Councilor Landry moved with a second by Councilor McCue to accept the City Manager’s Report and place it on file. So moved, the motion carried
12. Mayor’s Report - No Report
13. Public Comments - No public comments
14. COUNCIL COMMENTS
Councilor McCue asked staff to remove the reference to next week’s Council meeting from the City Website. Being the first day of summer, he reminded all that Berlin’s first downtown Farmers’ Market is on July 1 with a dedication ceremony set to begin at 6:00 p.m.
Councilor Rozek asked the City Manager to provide Council with an update regarding structures scheduled for demolition. The City Manager agreed to do so.
Mayor Grenier asked the City Manager how many tax deeded properties have been reclaimed. The City Manager will work on getting that information to the Mayor.
Councilor Remillard asked to have a brief non-public session regarding a land matter. Councilor Evans moved with a second by Councilor Remillard to have a Non-Public Session Per RSA 91-A:3, II(d) Land Matters. Roll call resulted in unanimous affirmative votes with the exception of Councilor Rozek who voted no. The motion carried.
15. Adjournment: There being no further business before the Mayor and Council at this time, Councilor Remillard moved with a second by Councilor Danderson to recess the regular meeting to enter into Non-Public Session Per RSA 91-A:3, II(d) Land Matters. Roll call resulted in unanimous affirmative votes including Mayor Grenier who declared the Regular Meeting recessed at approximately 8:24 p.m.
A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
City Clerk
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