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City Council Minutes 07/06/2010 Regular Meeting
PUBLIC HEARING – July 06, 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 7:30 p.m.

-Ordinance 2010-08 Amending the Taxi Cab Ordinance – no comments

-Ordinance 2010-09 Amending the Zoning Ordinance:
Roberta Remillard spoke on behalf of the Pisani Family regarding their 1203 Main Street property.  They are very upset and disappointed that Council is considering keeping this ordinance tabled.  They have been at this for the last three years and it is obvious Mr. McCue is totally against project.  It is a business general zone and should be used as such.  How many businesses in that area have 100 foot of frontage?  It is a commercial zone and the buyer who is complaining should have done his homework before buying in that area.  This seems like just another thing to stall the project.  The Pisanis bought their property before the neighbor bought and when he bought, Raegan’s Flowers, the Bakery and other types of businesses were already right there.  If the Pisanis would have bought the Mears’ property which has 100 feet of frontage, it still would be a business and Mr Vien would still not be happy.  It is not fair since they only hear about Mr. Vien’s rights.  The Pisanis have been jumping through hoops and have spent money and are losing their livelihood.  It is time for this Council to prove their support for jobs and small businesses.  Berlin will not get a WalMart but the small town businesses add charm to our community.  Lots of other citizens also want this ordinance passed.  Council should stop paying lip service and take action.  The abutting neighbor complains about the possible smell but this is just food not anything offensive like manure.  There are many restaurants in Berlin located in neighborhoods such as the Dairy Bar and Sinibaldis.  Their parking needs will be no different from Raegans, Tiffanies or the insurance place.  The Pisanis restaurant will be for pick up only and they will set picnic tables on the lawn.  They agreed with Planning about the safety of the child next door which will not be affected since they plan to erect a fence.  It is time to stop this nonsense.  They have lost three years of income during this process.  It’s time Council begins to support small businesses in town.

-Resolution 2010-28 Appropriating $26,965.00 to the Recreation Dept to Support Programs – no comments

-Resolution 2010-29 Giving a Small Parcel of Land to the North Woods Mobile Home Park – no comments

There being no one else wishing to speak for or against the above noted ordinances or resolutions, Mayor Grenier closed the public hearing portion of the meeting at approximately 7:37 p.m.  

REGULAR CITY COUNCIL MEETING – JULY 06, 2010   
Mayor Grenier called the regular City Council Meeting to order at approximately 7:38 p.m. in the Council Chambers of City Hall.~ The pledge of allegiance to the flag preceded roll call.  Present: Councilors Remillard, McCue, Danderson, Evans, Rozek, Cayer and Poulin.  Councilor Landry was absent.  Also present: Pat MacQueen, Susan Tremblay, Francis, Elaine and Felix Pisani, Roberta Remillard, Dan Millet and the press.
         
Minutes, Previous Meetings  
Councilor McCue moved with a second by Councilor Remillard to accept the minutes of the 6/21/10 WS & Regular Meeting.  So moved, the motion carried.

Disbursements:
It was recommended by the Committee on Accounts/Claims to pay all bills dated 6/24/10–6/30/2010 Year End for a total cash disbursement of $1,793,309.00 Draft #1619 and draft #1620 dated 7/01/10-7/07/10 for a total cash disbursement of $573,558.15.~ Councilor Remillard        moved with a second by Councilor McCue to accept both disbursement summaries 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 2010-08 Amending the Berlin Code of Ordinances, Chapter 9, License and Regulation of Occupations and Businesses, Art. VIII. Taxicabs, Sec. 9-268. Insurance.  (tabled 6/21/10)

Be it ordained by the City Council of the City of Berlin as follows:
That the ordinances of the City of Berlin are hereby amended by amending Section 9-268 Insurance of Article VIII, Taxicabs of Chapter 9, Licenses as follows (Underline equals added language and strikethrough equals deleted language):    
"Sec. 9-268. Insurance.
Every applicant for a license to operate a taxicab business shall file with the City Clerk before the license is issued covering the period of license a policy or certificate of insurance as follows:. Each applicant shall carry a policy or policies which indemnify the applicant against damages for injury to persons and property arising out of the operation of the taxicab or taxicabs in the principle sum of not less than three hundred thousand dollars ($300,000) per person for bodily injury or death resulting from any one (1) accident and not less than five hundred thousand dollars ($500,000) for bodily injury or death arising out of any one (1) accident and for not less than one hundred thousand ($100,000) for damages resulting from damage to property arising out of one (1) accident. The above mentioned policies shall not be changed, terminated or canceled prior to the expiration date except upon thirty (30) days advance written notice to the City Clerk. ~The certificate of insurance shall indicate the maximum number of taxicabs which may be in use for passenger service under the provisions of the insurance policy, including the year, make, model and vehicle identification number of each. ~~The certificate of insurance shall also state that the coverage is valid in the State of New Hampshire. ~Lapse of liability insurance coverage for any reason shall result in the automatic revocation of the taxicab business license. (Code 1977, § 8:104; Ord. of 1-16-89, § 8:104) (Ord of 12-15-2008)  This Ordinance shall be in full force and effect from and after passage.

Councilor Danderson moved with a second by Councilor Remillard to remove the ordinance from the table at this time.  So moved, the motion carried.
Councilor Danderson moved with a second by Councilor Remillard to have the ordinance read a second time by title only.  So moved, the motion carried.
Councilor Danderson moved with a second by Councilor Remillard to read the ordinance a third time by title only.  So moved, the motion carried.
Councilor McCue commented that he is concerned with the reduced insurance limits.  $300,000 and $500,000 are not sufficient.  He would like to see the taxi service continue but is concerned and asked what one human life is worth.  He cannot support this ordinance the way it is written with less insurance.
Councilor Danderson moved with a second by Councilor Remillard to pass the ordinance.  Roll call resulted in unanimous affirmative votes of Council with the exception of Councilor McCue who voted no.  Mayor Grenier declared the ordinance now passed.   

3.      Ordinance 2010-09 Amending the Code of Ordinances, Chapter 17, Zoning, Article III.  Nonconforming Lots, Uses and Structures.   (tabled 6/21/10).  
Be it ordained by the City Council of the City of Berlin as follows:

That ARTICLE III NONCONFORMING LOTS, USES AND STRUCTURES of Chapter 17 of the City of Berlin’s Code of Ordinances is hereby amended by repealing the existing Chapter 17 in its entirety and replacing it with the following new language:
Sec 17-31.       Purpose and Intent
1. Purpose:  The purpose of this article is to encourage the discontinuance of nonconforming uses or the change of nonconforming uses to conforming or more conforming uses, and to allow and regulate lawfully existing uses, structures and lots not in conformance with the applicable regulations of the Zoning Ordinance. This article establishes provisions for three classes of nonconformity relating to:
  • Lots: the size, dimensions or frontage of a lot.
  • Uses: the land use(s) or type of development occurring on the lot.
  • Structures: the location, dimension and lot coverage of structures built upon the lot.
2. Multiple nonconformities:  A single property may exhibit one or more types of nonconformity. It is the intent of this article that each type of nonconformity be treated distinctly, even where one or more nonconformities occur together on a given property.
3. Change in ownership or management. Nothing herein contained shall be construed as prohibiting change in tenancy, ownership, or management of a nonconforming lot, use, or structure, provided that such change is otherwise lawful.

Sec 17-32.       Determination of Nonconformity
1. Evidence of a nonconforming use. In reviewing an application for a building permit or other application for land use change or structural alteration involving a nonconforming use, building or lot, the Code Enforcement Officer or his or her designee shall make a determination as to the existence of a nonconforming use. In so doing, the Code Enforcement Officer or his or her designee may require the property owner, or his agent, to produce acceptable evidence attesting to said legal nonconforming status. Such evidence shall include, but is not restricted to such documents as rent receipts, affidavits, documentation of utility services, or other information as may be deemed to be necessary in a particular case.

2. Status of uses authorized by special exception. Any use in lawful existence at the time of passage or amendment of this Zoning Ordinance which would thereafter require and obtain a special exception under its terms shall without further action be deemed a conforming use. Any enlargement or replacement of such use, in buildings, or on land, shall require a special exception as though it were a new use.

3. Nonconforming use status limited to permanent lawful uses. The casual, temporary, or illegal use of land or structures, or land or structures in combination, shall not be sufficient to establish the existence of a Nonconforming use or to create rights in the continuance of such use.

4. Nonconformity created through public taking. Where the dimensional nonconformity of a structure or a lot is created by government acquisition of property such structure or a lot shall not be regarded as a Nonconforming use, and may be continued, structurally altered, reconstructed, repaired or enlarged so long as it remains an otherwise lawful use; provided, that any structural change, repair, addition, alteration or reconstruction, shall not increase, extend, enlarge or affect the dimensions which are deficient.

17-33. Nonconforming lots of record
1. Evidence of Nonconforming lot. A nonconforming lot shall be deemed to exist where the Code Enforcement Officer or his or her designee finds, based on evidence submitted by the property owner, that all of the following conditions are true:

  • The lot was created prior to the effective date of the City’s original Zoning Ordinance February 17, 1964 or prior to the relevant amendments affecting the conformity of the lot, and no further division has occurred since that date.
  • The lot met the minimum size, frontage and area standards which were in effect when the lot was created.
  • The lot does not conform to present size, frontage, or area standards for the zoning district, and the present owner does not own, and has no contract, option or other enforceable legal right to acquire any adjoining property to the extent necessary to make the lot conforming to present standards, or is prevented by law from doing so.
2. Date lot was created. The date of creation of a lot shall be considered established by its most recent change in configuration by parcel area reduction, consolidation, and land division.

3. Actions by land use boards may not create nonconformity. Nonconforming lots shall not be created through the grant of a variance, special exception, conditional use or other development permit, except to the extent authorized by the Planning Board, which may authorize the creation of a nonconforming lot when special circumstances that benefit the public are found to exist.

4. Use of a Nonconforming lot. A lot which failed to conform to size or dimension requirements which were in effect under ordinances or regulations at the time of division shall not by reason of that defect alone be denied any land development permit otherwise available under current ordinances. Nonconforming lots of record may be developed for the purposes of the zoning district under the following conditions.

  • Substandard lot size. When a Nonconforming lot can be used in conformity with all applicable regulations except for minimum lot size, then the lot may be used for a permitted use, subject to all other standards which apply to that use under the Zoning Ordinance. However, no use which requires a lot size greater than the established minimum lot size for a particular zone is permissible on a nonconforming lot.
  • Inadequate dimensions to meet setback requirements. When the proposed use of a nonconforming lot is one that would be conforming in all respects, except that the applicable setback requirements
cannot reasonably be complied with, then the Zoning Board of Adjustment may issue a special exception for deviation from setback requirements if it finds that:

  • The property cannot reasonably be developed for the proposed use without the setback deviation.
  • These deviations are necessitated by the size and shape of the nonconforming lot and not for convenience of the owner or financial advantage.
  • The property can be developed as proposed without causing a significant adverse impact on surrounding properties or the public health or safety.
5. Residential Use of Nonconforming Lots: In any district where single family dwellings are permitted, a single family residence is hereby permitted on any lot having at least fifty feet (50') of frontage on an existing, accepted, or approved City street, and having at least one hundred feet (100') in depth if such a lot was a nonconforming lot of record on the effective date of this Ordinance.  All setback requirements and other provisions of this Ordinance must be met.

Sec 17-34.      Nonconforming Structures
  • Repair and maintenance. Normal repairs, renovations and maintenance may be made to any nonconforming building or structure, except as provided for in this article.
  • Nothing in this article shall prevent the strengthening or restoring to safe condition any building or part thereof upon order by any official charged with protecting public safety.
3       Replacement.
  • Residential accessory structures. Any nonconforming residential accessory structure such as a garage, shed, deck or porch may be razed and replaced in its entirety, provided that it is replaced in the same location, and for the same purpose, with no expansion in the size of the structure whatsoever.
  • Casualty loss. Any nonconforming structure which is completely or significantly destroyed by fire, flood, wind, or other natural disaster may be replaced with a similar structure which has the same dimensions and meets the setbacks of the previously existing structure. A good faith effort must be made to replace the structure within one year of the date of the loss, as minimally exhibited by the possession of a building permit.
  • Failure to make a good faith effort to take the necessary steps to resume the nonconforming use or occupancy within twelve months such as advertising the property for sale or for lease.
  • Any government holding of the property during the twelve month period does not count against the twelve months.
4. Structural alterations.
  • Reduction in nonconformity. Nonconforming structures may be partially replaced or replaced with a new structure which reduces the nonconformity of any dimensional requirements.
  • Additions. Additions may be made to nonconforming structures which contain conforming uses provided that the area of the addition meets the current dimensional requirements and the development of the lot does not result in nonconformity due to lot coverage requirements.
Sec 17-35       Nonconforming uses
1. Continuation of use: Where a nonconforming use, or where nonconforming characteristics of a use exist, such as signs, off-street parking and loading, lighting, landscaping or similar features, such nonconforming uses and characteristics of use may continue except as provided in this article.

2. Limits on expansion of a nonconforming use: A nonconforming use may be extended to unused parts of a lawfully existing building or structure existing as of the date of the original passage of the Zoning Ordinance, February 17, 1964. Any other expansion requires a special use permit. The Planning Board may grant a special use permit only after it makes a finding that the following standards have been met. The Board may impose any reasonable conditions to insure compliance.
  • Documentation is submitted and the city has verified that all aspects of the existing use have been lawfully established and that there are no current land use violations on the site.
  • The existing and proposed expansion of the use meets all applicable requirements of this article, to be applied as if the use were permitted.
  • Special consideration has been made to promote the overall purpose of the district in which the nonconforming use exists and to design the use so that the appearance is one of a conforming use.
3. Replacement of nonconforming use authorized by special exception. A special exception may be issued for the replacement of a nonconforming use with another nonconforming use subject to the standards below and to the conditions attached to such exception by the Zoning Board of Adjustment.
  • There will not be an adverse impact on the surrounding neighborhood.
  • The replacement will be equally or more conforming with the purposes of this article and the intent of the zoning district. In making these determinations, the Zoning Board of Adjustment must find that all of the following conditions will be met:
  • The proposed replacement would not result in an increase in noise, vibration, dust, odor, fumes, glare or smoke detectable at the property line.
  • The numbers and kinds of vehicular trips to the site will be comparable to or lower than those associated with the existing use.
  • The replacement will not place increased demand on the amount and nature of outside storage or loading requirements, and there will be no net loss in the number of existing off-street parking spaces serving the existing use.
  • The visual appearance of the site and structure will either remain unchanged or will be improved.
  • The proposed hours of operation for the use will result in an equal or lesser impact on the neighborhood.
  • Nonconforming characteristics of the existing use including signs, loading, lighting and landscaping, will be brought into conformance with the requirements of this article.
  • The nonconforming use area of the lot will not be increased.
  • The gross square foot floor area of the building housing the existing nonconforming use will not be expanded as a result of the replacement.
  • neighborhood socioeconomic needs or will otherwise be in the public interest.
  • The applicant surrenders all rights in the previously existing nonconforming use.
Sec 17-36. Abandonment; termination due to abandonment
The term "abandonment," as used herein, shall mean the voluntary discontinuance of a nonconforming use or the occupancy of a nonconforming structure for twelve consecutive months. If either occurs, then the nonconforming status shall be lost.  Normal, seasonal cessation of a use or a temporary discontinuance for purposes of maintenance, rebuilding after damage or destruction or maintenance or improvements permitted under this article shall not be included in calculating the period of discontinuance.  This Ordinance shall be in full force and effect from and after passage.

Councilor Danderson moved with a second by Councilor Remillard to remove the ordinance from the table at this time.  Roll call: Voting in the affirmative were Councilors Remillard, Danderson, Evans, Rozek, Cayer and Poulin.  Councilor McCue and Mayor Grenier voted No.  So moved, the motion carried.

Councilor Poulin moved with a second by Councilor Remillard read the ordinance a second time by title only.  Councilor McCue voted no.  So moved, the motion carried.

Councilor Evans asked if there were any recommended amendments from the City Manager.

City Manager MacQueen replied that one of the points in a section is just a phrase and not a complete sentence but he is in no position to make recommendations for amendments at this time.

Councilor McCue reiterated that the Planning Board has not seen this ordinance.  It is unfortunate that Council voted not to leave this on the table until Planning had the opportunity to review it.

Councilor Evans remarked that though the ordinance is not perfect, once the Planning Board looks at it tomorrow they can suggest changes.  This may not be the optimal way to run city government but this has been going on for three years and he wants to push forward.

Councilor McCue pointed out that the discussion got side tracked and the ordinance is not just buildings with commercial uses, it applies to all properties.  One issue is the 100 foot frontage requirement.  It does not specifically address that issue.

Councilor Rozek read a passage from page three, section five which mentions a nonconforming lot is permitted with fifty feet and all setback requirements must be met.  It may not be perfect but it does cover it just maybe not as much as Councilor McCue would like.  

Councilor McCue replied that is a separate issue such as in the neighborhood where he lives.

Councilor Remillard agreed it does affect many but it is time Council starts to allow small businesses to move forward and stop putting up roadblocks and this is a good beginning.

Councilor Danderson concurs the ordinance is not perfect but we can amend it again.  He was won over by Ms. Remillard speaking for the Pisanis.  He does support businesses and hates that a neighbor tells you what you can and cannot do on your own property.  He looks forward to helping the Pisanis.

Councilor Poulin moved with a second by Councilor Remillard to read the ordinance, a third time by title only.  Councilor McCue voted No.  So moved, the motion carried.

Councilor Poulin moved with a second by Councilor Remillard to pass the ordinance.  Roll call resulted in affirmative votes by Councilors Remillard, Danderson, Evans, Rozek, Cayer and Poulin.  Councilor McCue and Mayor Grenier voted No.  Mayor Grenier declared the ordinance passed.

4.      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 (tabled 6/21/10)  Resolved by the City Council of the City of Berlin as follows:

Whereas the City of Berlin Recreation and Parks Department provides collaborative activities in the City of Berlin; and

Whereas, the Recreation Department seeks to partner with Tri-County Community Action Program and the NH Recovery Program to provide summer programs and activities for Berlin’s Children.

Whereas this partnership will provide:
  • Staffing for Recreation and Parks Department summer programs;
  • Supply funds for Recreation and Parks Department summer programs;
  • An expanded ability for the department to hire additional staff at improved wages by combining City Recreation funding and NH Recovery Program funds.
Now therefore, be it resolved that the City Manager is authorized to accept funds in 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, and the City Manager is authorized to do all things necessary to effectuate the grant. Finally, the fund proceeds are hereby appropriated for this purpose.  This Resolution shall be in full force and effect from and after passage.

Councilor Danderson  moved with a second by Councilor Remillard  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.         

5.      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.   (tabled 6/21/10).  Resolved by the City Council of the City of Berlin as follows:

Whereas, the City owns a small, triangular parcel of land (approximately 600-700 square feet) that was acquired as part of the Boston & Maine Railroad right of way; and
~
Whereas, North Woods Mobile Home Park has requested that the City convey its interest in the parcel to them; and

Whereas, the Mayor and Council see no public interest or value in this surplus piece of land; and
~
Whereas, North Woods Mobile Home Park will assume the cost of drawing the deed and any cost associated with the transfer.  Now therefore, be it resolved by the Mayor and Council of the City of Berlin that the transfer of any and all City interest in the parcel, identified as “Parcel C” on the attached map, to North Woods Mobile Home Park Cooperative, Inc. is hereby authorized at no expense to the City, and further that the City Manager is authorized to sign a quit claim deed to accomplish the transfer.  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 read the resolution a third time by title only.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor McCue to pass the resolution.  So moved, the motion carried and Mayor Grenier declared the resolution now passed.         

NEW BUSINESS  

6.      Resolution 2010-30 Appropriating the Sum of Six Hundred Twenty-Five Dollars ($625.00) to the Berlin Police Department for the Purpose of Effectuating the Berlin Hand-Held Radar Unit Grant (1st read)

Councilor Danderson moved with a second by Councilor McCue to table the resolution and schedule a public hearing on Monday, July 19, 2010.  So moved, the motion carried.

7.      Resolution 2010-31 Appropriating the Sum of Five Thousand, One Hundred Sixty Dollars ($5,160.00) to the Berlin Police department for the purpose of effectuating the Berlin DWI Checkpoint Patrols Grant.  (1st read)

Councilor Remillard moved with a second by Councilor Poulin to table the resolution and schedule a public hearing on Monday, July 19, 2010.  Councilor Evans voted No.  So moved, the motion carried.
8.      City Manager’s Report
EFSEC Technical Hearing
Friday, June 25th, there was an EFSEC Technical Hearing held here at City Hall. There was very little input and no technical data called on from the City. However, the City's Attorney for the process, Peter Van Oot, attended the hearing. It only lasted about two hours.

Jericho Mountain State Park ATV Festival – July 10th & 11th
Plans are pretty well finalized for this weekend's Saturday 8am-4pm and Sunday 8am-3pm event. People coming to the event will receive a wrist band to wear for the event which will also provide them with a waiver of the State ATV registration requirement as long as they are at the Park, on the cross-town trail in Berlin or in Success. The cross-town trail will be altered for the event this weekend to bypass the Dead River Park and instead continue on Hillside to Willow to York to Cole. Most of our complaints have come from behavior in the Dead River Park and it is thought that this alternative route may also prove safer. The event will feature all kinds of activities for families and kids as well as vendors of all types including food vendors. Even just watching events such as the "mud pit" should be a lot of fun.

Oil Bids  
Bids for heating oil were taken the Friday before last. Attached is the summary of the bids. An award was made last Monday to CN Brown on a fixed price basis for the year's heating oil needs at the fixed price of $2.3943 for bulk and $2.4972 for pedal truck delivery.

Library Hours
Attached is a memo I received from Library Director Denise Jensen which covers a letter from the Library Trustees stating that they are not in favor of having the Library open on Saturday. This was a suggestion at one of the meetings the Council had on the budget.

12th Street Bridge Project
We have received word from NHDOT that the preliminary plans for the Bridge project have been approved and our engineer HEB can now proceed with final contract plans.

WREN Local Works Farmer's Market
The Grand Opening for the WREN Local Works Farmer's Market was held last Thursday at 6pm. The event held on Mechanic Street just off Main Street seemed go well and was well-attended. It will be held every Thursday (from 3-7pm) evening through September. Therefore, the Farmer's Market will now be a regular in both Berlin and Bethlehem where it got started, giving farmer's, craftspeople, and artisans a place to sell their wares and give local people a great opportunity to shop for these items and pick up fresh produce and quality foods. Laura Jamison has been hired as the local coordinator, and BIDPA along with the Neil and Louise Tillotson Fund of the NH Charitable Foundation are underwriters of the project.

National Forest PILT Payment
Although year after year, the Department of the Interior talks about Berlin being a City and a County in the same letter, they do manage do get us a PILT payment for National Forest Land that makes up about 48% of all City land. This year the amount is $38,919 and is in line with what we have been receiving.

NHMA Legislative Policy Process
Attached is a copy of the legislative policy process recommendations made by the three NHMA policy subcommittees. NHMA requests that each member governing body votes a position on the recommendations or propose floor proposals. The NHMA Policy Conference is scheduled for Friday, September 17th at 9am at the LGC in Concord.

Gorham Mill
I have attached a copy of the statutory WARN letter from Willis Blevins, General Manager of the Cascade Mill in Gorham giving legal notice of the potential layoff of mill employees in effect reserving its right with respect to the operation of the paper mill and the possible layoff of employees should the expected sale of the mill not materialize. Hopefully, this will be avoided with the sale of the mill. We have been receiving other legal material from the bankruptcy court in Toronto if anyone would like to review any of that material.  

White Mountain Ridge Runners
Permission has been given to the White Mountain Ridge Runners snowmobile club to re-align 266 feet of their trail across City property to higher ground. This is on the City land to the northeast of Berlin High School which is primarily wetlands.
PWD Monthly Report & Manager's Timekeeping both available for review in the City Manager’s Office.

Councilor Danderson asked the City Manager what type of protection the city has regarding the oil bids since many communities prepaid and did not receive the fuel they paid for?  

The City Manager replied that these were bids for the cost of fuel and the city does not prepay fuel.

Councilor Rozek remarked that per the City Manager’s figures, 48% of land here is owned by the Federal Government.  It is almost half and yet they pay disgustingly low taxes per year.  He suggests sending a letter to the Secretary of Interior in Washington telling them that although we appreciate the funding, it falls short of today’s expectations.

Mayor Grenier informed the Ward Three Councilor that this is the fourth budget cycle where we get more than we normally got.

Councilor Rozek said the government keeps printing money and giving it away overseas and it is just ludicrous.

Councilor Rozek moved with a second by Councilor Remillard to draft a letter to the Secretary of Interior in Washington to increase the Federal Government’s tax payment to a fully funded PILT.
Voting yes were Councilors Remillard, Rozek, Poulin and Mayor Grenier. Voting no were Councilors Cayer, Evans, Danderson and McCue.  The motion failed.

Councilor McCue thinks such a letter will do no good to the point where we might just end up getting less next year.

Councilor Danderson agrees and although he likes the idea of a letter, he would hate to have them say they will give us less next year.

Councilor McCue moved with a second by Councilor Remillard to accept the City Manager’s Report and place it on file.  So moved, the motion carried

9.      Mayor’s Report – Appointments
BIDPA: Andre Duchesne, three year term set to expire July, 2013; Richard Huot, three year term set to expire July 2013.  Councilor Rozek moved with a second by Councilor Poulin to accept the Mayor’s appointment of Andre Duchesne and Richard Huot.  So moved, the motion carried.

Nancy Bell and Sally Manikian will attend the July 19 Work Session to update Council about the Forest Legacy Grant Phase 1 which is already processed and they are waiting to finalize the purchase of higher land.  Also, Mayor Grenier is scheduling a Work Session on July 12 to discuss future management of the Finance Department and whether or not Council wants a full-time or part-time employee to run that department.

Mayor Grenier then addressed the Pisanis and told them that although he fully supports their project, he did not support moving on the ordinance tonight out of respect for the Planning Board.  He wanted to give the Board the opportunity to review the ancillary effects of the ordinance.

Councilor McCue moved with a second by Councilor Remillard to accept the Mayor’s Report and place it on file.  So moved, the motion carried.

10.     Public Comments – No public comments

11.     COUNCIL COMMENTS
-Councilor McCue said Thursday’s opening of the Farmers’ Market was very successful.  It will be going on every Thursday night until September.
-On July 4th he had the opportunity to witness the actions of the Police Department first-hand while they defused a potential volatile situation against neighbor to neighbor.  They had to come back twice but each time did a professionally job.

-Councilor McCue clarified, for the record, he is not against businesses and anyone who knows his law practice can attest to that.  He fully supports small business through his efforts with the Main Street Program.  Ms Remillard said he is always against them but his main concern was that project, as proposed, was not legal under our ordinance and the Superior Court saw it that way too.

-The Taxi service is doing a great job but it is a big risk not to carry that much insurance and it is setting a dangerous precedent.    

-He is disappointed Council did not see fit to allow the Planning Board to review the new Zoning Ordinance.  His concern is that this ordinance does not address one or two matters.  Although well intended, he thinks they pushed too quickly and Council’s decision did not show respect to Planning Board.  He hopes some Council members will come to tomorrow night’s Planning Board Meeting.  There are reasons these ordinances were put in place to begin with and he does not want people to think he is against small businesses.

Councilor Evans thought the meeting tonight was encouraging regarding small business.  Council acted swiftly and decisively and he is happy that they took decisive action tonight.

Councilor Rozek recalled that in 1979 there were no car dealerships in the town of Gorham they were all in Berlin.  Through successful efforts of powerful people, they chased all those dealerships out of Berlin into Gorham.  They told people Berlin was unreasonable and was chocking them and all ended up in Gorham.  Some folks over the years have created a problem in the City.  He is pleased that Council supports small business and commended Council on moving on this issue after three years.

Councilor Danderson liked Councilor Rozek’s motion about the Federal Government paying a PILT.  That would be in the wrong direction because we also get nothing from the state.

To that Councilor Rozek replied that the Federal Government has printing presses that we have no access to but the Federal Government does.

12.     Adjournment:

The City Manager informed the Council that the construction on the East Milan Road by Horne Brook the contractor wants to work nights this week.  He was advised to talk to the residents in that area.  He got approval from the residents so they will try to see if it works.  They will start the work this week for perhaps two weeks.

There being no further business before the Mayor and Council at this time, Councilor Danderson             moved with a second by Councilor McCue to recess the regular meeting to enter into Non-Meeting Per RSA 91-A:2,I (b) Collective Bargaining.  Roll call resulted in unanimous affirmative votes including Mayor Grenier who declared the Regular Meeting recessed at approximately 8:32 p.m.

A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
City Clerk