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City Council Minutes 08/16/2010 Regular Meeting
PUBLIC HEARING – August 16, 2010

Mayor Pro Tem McCue opened and called to order the duly advertised and scheduled public hearing to accept public comments on the below noted ordinance and resolutions at approximately 7:33 p.m.
  • Ordinance 2010-11 No Parking Hutchins Street – no comments
  • Resolution 2010-32 Authorizing the Purchase of 508 Champlain Street – No comments
  • Resolution 2010-33 Authorizing the Purchase 241 High Street – No comments
  • Resolution 2010-34 Authorizing the Sale 174 Jericho Road:
Andre Caron, Berlin Housing Coordinator, strongly encouraged the Mayor and Council to pass this resolution.  The buyer intends to make improvements and keep the bottom half as a commercial entity.

Jim Brianas is the person looking to purchase the 174 Jericho Road property.  He assured Council that he intends to keep the top floor as a residence and the first floor will be a business.  He will work with the City regarding building codes and is looking forward to begin the project.
 
  • Resolution 2010-35 Accepting the Hazard Mitigation Plan – No comments
  • Resolution 2010-36 Rural Development Bonding – No comments
There being no one else wishing to speak for or against the above noted ordinance and resolutions, Mayor Pro Tem McCue closed the public hearing portion of the meeting at approximately 7:36 p.m.  

REGULAR CITY COUNCIL MEETING – AUGUST 16, 2010   
Mayor Pro Tem McCue called the regular City Council Meeting to order at approximately 7:37    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 and Mayor Grenier were absent.  Also present: Pat MacQueen, Andre Caron, Richard Huot, James Brianas, Chip Labrecque and the press.
         
Minutes, Previous Meetings  
Councilor Remillard moved with a second by Councilor Danderson to accept the minutes of the 8/02/10 WS & Regular Meeting.  So moved, the motion carried.

Disbursements:
The Committee on Accounts/Claims recommends paying all bills dated 8/05/10–8/19/2010 for a total cash disbursement of $1,260,858.08 Draft #1623.  Councilor Remillard moved with a second by Councilor Poulin to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims.  So moved, the motion carried.  
  
PUBLIC COMMENTS: Dick Huot, 671 Blais Street is the owner of a multi family dwelling which is being affected by the reval.  He congratulated Councilor Danderson for speaking up and the Council for agreeing to look further into how Avitar conducted the recent reval.  He is the owner of a business on Green Street that has two apartments on top of the business.  Each apartment has 2 bedrooms.  It is a real income property and costs nothing to do business.  It previously was assessed at $57,000 and is now down to $51,000.  His property on Blais Street went from $189,000 to $193,000. Mr. Huot agrees that Council should move forward to look at the equation or rationalization used by Avitar.

OLD BUSINESS
1.  Council Committee Reports  - No Reports

2.  Ordinance 2010-11 Amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article III.  Stopping, Standing and parking, Sec. 15-69.  Prohibited at all times in designated places by adding “No Parking” on the west side of Hutchins Street, Mason Street to Community Street. (tabled 8/02/10)   Be it ordained by the City Council of the City of Berlin, as follows:  That Sec. 15-69. is hereby amended by adding the designation depicted below.
Sec. 15-69. Prohibited at all times in designated places.  a) When signs are erected, or other markings made, giving notice thereof, no person shall park a vehicle at any time upon any of the following streets or parts of streets longer than necessary to load or unload passengers or commodities: Hutchins Street, west side, from Mason Street to Community Street.  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.   Councilor Poulin voted No.  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.  Councilor Poulin voted No.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Evans to read the ordinance a third time by title only.  Councilor Poulin voted No.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Evans to pass the ordinance.  Roll Call resulted in affirmative votes by Councilors Remillard, Evans, Cayer and Mayor Pro Tem McCue. Councilors Danderson, Rozek and Poulin voted in the negative.  Mayor Pro Tem McCue declared the ordinance passed.
        
3 .  Resolution 2010-32 Authorizing the purchase of 508 Champlain Street, Map 130; Lot 325 for the amount of Fifteen Thousand Dollars ($15,000).  (tabled 8/02/10)
 Resolved by the City Council of the City of Berlin as Follows:  

Whereas, 508 Champlain Street, Map 130; Lot 325, has been offered to the City for $15,000 plus forgiveness of two years of back taxes; and
Whereas, the building is in a dense neighborhood and is in need of significant rehabilitation to meet housing standards; and
Whereas, the building is in a prime location for demolition as green space would add vitality to the neighborhood.  Now therefore be it resolved that the Mayor and City Council hereby authorize the purchase of 508 Champlain Street, Map 130; Lot 325, for the amount of Fifteen Thousand Dollars ($15,000.00), the funds to come from the Housing Initiative Account (01-480-965-0001) and that the City Manager is authorized to sign all things necessary to effectuate the purchase of the building and subsequent demolition contract, using the same funding source, to make the area suitable for green space.  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 Cayer to have the resolution read a second time by title only.  So moved, the motion carried.
Councilor Danderson moved with a second by Councilor Cayer to read the resolution a third time by title only.  So moved, the motion carried.
Councilor Danderson moved with a second by Councilor Cayer to pass the resolution.  So moved, Mayor Pro Tem McCue declared the resolution passed.  

4 .  Resolution 2010-33 Authorizing the purchase of 241 High Street, Map 120; Lot 190 for the amount of Twenty Five Thousand Dollars ($25,000). (tabled 8/02/10)
Resolved by the City Council of the City of Berlin as Follows:  

Whereas, 241High Street, Map 120; Lot 190, is in close proximity to the Junior High School where parking for teachers and visitors is a problem; and
Whereas, the building can be purchased for $25,000; and
Whereas, the City Council’s Traffic Safety Committee recommended that the City purchase the building so that it can be demolished and the lot can be used for parking.  Now therefore be it resolved that the Berlin City Council hereby appropriates Twenty-Five Thousand Dollars ($25,000.00) from the Housing Initiative Account (01-480-965-0001) for the purchase of 241 High Street, Map 120; Lot 190, and that the City Manager is authorized to sign all things necessary to effectuate the purchase.  This Resolution shall be in full force and effect from and after passage.

Councilor Remillard moved with a second by Councilor Danderson to remove the resolution from the table at this time.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Danderson to have the resolution read a second time by title only.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Danderson to read the resolution a third time by title only.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Danderson to pass the resolution.  So moved, Mayor Pro Tem McCue declared the resolution passed.  

5 .  Resolution 2010-34 Authorizing the sale of 174 Jericho Road, Map 104; Lot 24, and Map 104; Lot 25 to James G. Brianas for the sum of Eighteen Thousand Dollars ($18,000).    (tabled 8/02/10)   Resolved by the City Council of the City of Berlin as Follows:  

Whereas, the City of Berlin currently owns the building and adjacent lot located at 174 Jericho Road, Map 104; Lot 24 and Map 104; Lot 25 tax deeded on April 17, 2009 and April 19, 2010 respectively; and
Whereas, there is currently no tax base derived from the unused building; and
Whereas, the City of Berlin received no bids for 174 Jericho Road during a public bidding process and Map 104; Lot 25 is unbuildable as is today and where the only other viable abutter has shown no interest in the property; and
Whereas, the Mayor and Council have determined that the City of Berlin has no need for the property; and
Whereas, the proposal tendered by Mr. Brianas was found acceptable and will bring business to the City as well as put the property back on the tax rolls.  Now Therefore Be it Resolved by the City Council of the City of Berlin as Follows: that the City Manager is authorized to do all things necessary to effectuate a purchase and sale agreement and to sell the property at 174 Jericho Road, Map 104; Lot 24 and the lot located at Map 104; Lot 25, for Eighteen Thousand Dollars ($18,000.00) to Mr. James G. Brianas under an agreement which makes it clear that the project proposed by Mr. Brianas must be carried out and substantially completed within one year of the closing date or the property will revert to the City.  Further, that the proceeds of the sale will be deposited with the City Treasurer.  This Resolution shall be in full force and effect from and after passage.

Councilor Remillard moved with a second by Councilor Poulin to remove the resolution from the table at this time.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Danderson to have the resolution read a second time by title only.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Poulin to read the resolution a third time by title only.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Poulin to pass the resolution.  So moved, Mayor Pro Tem McCue declared the resolution passed.  

6 .  Resolution 2010-35 Approving the Berlin Hazard Mitigation Plan.   (tabled 8/02/10)
Resolved by the City Council of the City of Berlin as Follows:

Whereas, the City of Berlin received funding from the NH Bureau of Emergency Management to assist in the preparation of the Berlin Hazard Mitigation Plan; and
Whereas, several public meetings and committee meetings were held between September 2007 and February 2010 regarding the development and review of the Berlin Hazard Mitigation Plan; and
Whereas, the Berlin Hazard Mitigation Plan contains several potential future projects to mitigate hazard damage in the City of Berlin; and
Whereas, a public hearing was held by the City Council on August 16, 2010 to formally seek public input of the Berlin Hazard Mitigation Plan. Now, therefore, be it resolved that the Berlin City Council approves the Berlin Hazard Mitigation Plan.   This Resolution shall be in full force and effect from and after passage

Councilor Poulin moved with a second by Councilor Cayer to remove the resolution from the table at this time.  So moved, the motion carried.
Councilor Poulin moved with a second by Councilor Cayer to have the resolution read a second time by title only.  So moved, the motion carried.
Councilor Poulin moved with a second by Councilor Cayer to read the resolution a third time by title only.  So moved, the motion carried.
Councilor Poulin moved with a second by Councilor Cayer to pass the resolution.  So moved, Mayor Pro Tem McCue declared the resolution passed.

7 .  Resolution 2010-36 Authorizing and providing for the incurrence of indebtedness and acceptance of a grant for the purpose of designing and constructing improvements to the Berlin Waste Water Treatment Facility.  (tabled 8/02/10)   Resolved by the City Council of the City of Berlin as Follows:

WHEREAS, it is necessary for the City of Berlin (herein after called City) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of up to Twelve Million Five Hundred Eight Thousand Dollars ($12,508,000) pursuant to the provisions of New Hampshire Statutes Annotated; and
WHEREAS, the City intends to obtain assistance from the United States Department of Agriculture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1921 et seq.) In the planning, financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the City.  Now therefore, in consideration of the above premises the City hereby resolves:

1.  The City Council (the “City”) hereby appropriates the sum of up to ($13,850,000) for improvements to the City's 32 year old Waste Water Treatment Facility (the “Project”) and authorizes borrowing of up to $12,508,000 to be raised through the issuance by the City of $12,508,000 of its bonds or notes under and pursuant to the terms of the Municipal Finance Act, RSA 33, as amended (the “Bonds”), such Bonds to be sold to the United States Department of Agriculture, Rural Development or as otherwise determined to be in the best interests of the City by its City Manager and Treasurer; the proceeds of the Bonds to be used, among other things, to pay for the design and construction of improvements to the City's Waste Water Treatment Facility.  The remaining, at least $1,342,000 of the aforesaid appropriation, to be in the form of a grant from Rural Development in accordance with the terms of the Letter of Conditions; the City Manager and Treasurer are hereby authorized to sign all documents and to take all steps necessary to effectuate the intent of the foregoing; and all actions heretofore taken consistent with the foregoing; and all actions heretofore taken consistent with the foregoing hereby being ratified and confirmed.

2.  To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall appear to the Government that the City is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983 (c)).

3.  To provide for, execute, and comply with Form RD 400-4, “Assurance Agreement,” and Form RD 400-1, “Equal Opportunity Agreement,” including and “Equal Opportunity Clause,” which clause is to be incorporated in, or attached as a rider to, each construction contract and subcontract involving in excess of $10,000.

4.  To indemnify the government for any payments made or losses suffered by the Government on behalf of the City.  Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legally permissible source.

5.  That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan, the Government at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and payable to the extent permitted by State Law, (b) for the account of the City (payable from the source of funds pledged to pay the bonds or any other legally permissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession  of the facility, repair, maintain, and operate or rent it.  Default under the provisions of this resolution or any instrument incident to the making or insuring of the loan may be construed by the Government to constitute default under any other held by the Government and executed or assumed by the City, and default under any such instrument may be construed by the Government to constitute default.

6.  Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others to do so, without the prior written consent of the Government.

7.  Not to deface the bonds, or to borrow money, enter into any contractor agreement, or otherwise incur any liabilities for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds.

8.  To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government.  Funds may be deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed by the full faith and credit of the United States.  Any income from these accounts will be considered as revenues of the system.

9.  To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition.

10.  To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenances, and the establishment of adequate reserves.  Revenue accumulated over and above that needed to pay operating and maintenance, debt service and reserves may only be retained or used to make prepayments on the loan.  Revenue cannot be used to pay any expenses which are not directly incurred for the facility financed by USDA.  No free service or use of facility will be permitted.

11.  To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government.

12.  To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit without its request, and to forward to the Government such additional information and reports as it may from time to time require.

13.  To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the City is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan.

14.  That if the Government requires that a reserve account be established, disbursements from that account(s) may be used when necessary for payments due on the bond if sufficient funds are not otherwise available and prior approval of the Government is obtained.  Also, with the prior written approval of the Government, funds may be withdrawn and used for such things as emergency maintenance, extensions to facilities, and replacement of short lived assets.

15.  To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain USDA’s concurrence prior to refusing new or adequate services to such persons.  Upon failure to provide services which are feasible and legal, such person shall have a direct right of action against the City or public body.

16.  To comply with the measures identified in the Government’s environmental impact analysis of this facility for the purpose of avoiding or reducing the adverse environmental impacts of the facility’s construction or operation.

17.  To accept a grant in an amount to be at least One Million Three Hundred Forty Two Thousand Dollars ($1,342,000) under the terms offered by the Government; that the City Manager of the City is hereby authorized and empowered to take all actions necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and to operate the facility under the terms offered in said grant agreement(s).

18.  The provisions hereof and the provisions of all instruments incidental to the making or the insuring of the loan, unless otherwise specifically provided by the terms of such instrument, shall be binding upon the City as long as the bonds are held or insured by the government or assignee.  The provisions of sections 6 through 17 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the City and the Government or assignee.  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 Cayer moved with a second by Councilor Remillard to have the resolution read a second time by title only.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Cayer to read the resolution a third time by title only.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Cayer to pass the resolution.  Roll Call resulted in unanimous affirmative votes of Council including Mayor Pro Tem McCue who declared the resolution passed.

NEW BUSINESS  

8 .  Resolution 2010-37 honoring the memory of “Mike” Gaydo by naming the athletic field near Berlin High School located at the end of Madison Avenue “Gaydo Field”  (1st read)
Councilor Danderson moved with a second by Councilor Remillard to table the resolution and schedule a public hearing on September 7, 2010.  So moved, the motion carried.

9.  City Manager’s Report
East Milan Road Project
This project being carried out by Sargent Construction continues to progress nicely and pretty much on schedule. Sargent has run into no ledge on the project which turns out to be a significant savings. We have taken some of that savings and are turning it into a better finished road from the 12th Street Bridge to the Urban Compact Line at the Industrial Park. This will be achieved by grinding the existing paving and then relaying a binder and wearing course over the entire surface of the road rather than just having a patched trench going up the middle of the road.

12th Street Bridge Project
This project is out to bid with bids due in on August 27th. The plan is to get out a Notice of Award by September 1st with construction starting that first week of September. The bridge would likely be close around the 13th of September with the intent of having substantial completion no more than 10 weeks later around November 12th.

While the pipe work from the East Milan Road Sewer Project will probably be hung from the Bridge prior to the closing of the Bridge for the Bridge work, the actual tie-in of the East Milan Road sewer to the sewer at the intersection of Main and 12th Street will likely occur as night work while the bridge is closed for the bridge work. This obviously requires the coordination of the East Milan Road sewer contractor Sargent and the yet to be determined successful bidder on the Bridge Project.   

Airport Open House and Fly-In
An open house was held this Saturday at the Berlin Regional Airport in partnership with the Milan Old Home Days event. Events included:
  • Historians from the~Moffet House Museum were on hand to talk~ "history"
  • Scenic plane rides were offered for sale
  • Large and very impressive display of Military memorabilia
  • Static display of aircraft including an air ambulance, helicopter and powered parachute
  • Nansen ski club was selling coffee and talking about the~ (oldest ski club in the USA)
  • Radio controlled aircraft demonstration
  • Alcohol impermanent~ simulator course was being operated by the state Liquor Commission office
  • Shuttlebus operated between the airport and the Milan Common
Also during the day, 3 jets landed which keep things busy but certainly added an operating airport look and feel to the open house. All in all I feel it was a very good event. Some Open House pictures are attached.

Finally, this Wednesday, the 18th, Ray Burton will be doing his annual fly-in at the Airport as part of his annual air tour along with NH Aeronautics Director, Jack Ferns to discuss issues dealing with aviation in the North Country. The public is invited.

NSP Program and Governor's visit
Success attracts a crowd. Last year the Governor chose to visit Berlin to tour the various housing initiatives we had begun. This Friday, he will be returning to tour one of the same neighborhoods on the east side to see all the work that his been done there. His schedule calls for him to be in the neighborhood on the east side from 11:30 to 12:15pm.

Needless to say, that neighborhood looks very different than it did when the Governor was last here a year ago. Even though it is not finished, the improvement already is quite dramatic. One of the most blighted sections of town will soon be one of the nicer sections in town.

International Existing Building Code
Councilor McCue circulated an New Hampshire Business Review article which is in this weeks NHBR. It talks about Manchester having adopted the IEBC Building Code in May of this year. The article goes on to say that Concord adopted it in 2008 and Nashua is considering it.

We have been considering it here in Berlin for several years for our Downtown as well, but have been under the clear impression that the only way municipalities could adopt the IEBC would be if the State adopted it first because it presumably is less restrictive that the International Building Code (IBC) we have now with respect to existing buildings. The Council may recall that last year one of the specific things we asked Senator Gallus to push for at the state level was the IEBC hoping that it might make it a little easier (less expensive) for people to develop or re-develop downtown buildings.

I have asked the City Attorney for some input on this, but I guess my feeling is that if Concord can do it right in the face of the State Legislature and Manchester can do it, then Berlin ought to be able to. We expect to have an ordinance to adopt it for first reading at the next Council meeting.

Smith Hydro Drawdown
Each year PSNH drains the canal which feeds the Smith Hydro for inspection and maintenance. This year that drawdown is expect to occur beginning September 11th, and ending September 24th.

NCC Quarterly Meeting
Attached is a flier for the North Country Council Quarterly Meeting which will be held at the Rocks Estate, in Bethlehem. The focus of the meeting will be the issue of large and small wind farms.

Councilor Danderson said Water Works worked on the water line on High Street and asked the City Manager how soon before they pave or patch that road.  He suggests it should be done before school starts.  

The City Manager replied that they try to wait at least ninety days to let the ground settle before they pave but agrees it should be done before the start of school.

On another matter, Councilor Danderson gave the City Manager kudos for taking care of the debris problem on Pleasant Street.

Councilor Poulin informed the City Manager that he received a phone call from a constituent about a loud buzzing noise coming from the phone pole on the corner Hillsboro and Mason Street.  Council concluded it most likely might be a ballast going bad

Councilor Poulin asked about the status of reinforcing the Randy Rosenberg Plaque and asked if it is in the works.  The City Manager replied the part has been ordered and they were waiting for delivery.

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

10.  Mayor’s Report – No report.

11.  Public Comments – No public comments

12.  COUNCIL COMMENTS
Councilor Remillard attended the Milan Old Home Days and while there spoke to a pilot from California.  He is thinking about retiring here and wants to start a flight school in the area.  She suggests that the Airport Committee try to budget funds to promote the airport for Milan Old Home Days to try to get jets into the area.  Promoting this could be a gold mine.

Councilor Cayer happened to be at Jericho State Park the day Councilor Burton, DRED and other State Representatives were touring the park.  They displayed  showed blueprints of the new proposed bathhouse.  He thinks it would be nice to have someone from the state come to give an update to review the progress of the park.

Councilor Rozek stated, for the record, how bitterly disappointment he is about Council allowing the closing of the Twelfth Street Bridge during construction.  It will cripple traffic and will be a nightmare for emergency vehicles needing to get through.  On another matter, he spoke with Council and the Mayor about how disappointed he is with Avitar.  The reval is inaccurate with its building assessments and no one knows how they generated the numbers.  He is looking forward to meeting with Avitar and the Tax Assessor Board.  He recalls that one board member was adamant that Council should support Avitar.

13.   Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Poulin       moved with a second by Councilor Evans to adjourn the meeting.  So moved, Mayor Pro Tem McCue declared the Regular Meeting adjourned at approximately 8:17 p.m.

A True Record, Attest:
Debra A. Patrick, CMC
City Clerk