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PUBLIC HEARING – September 20, 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 2010-12 Amending the ATV Trail.
Rita Smith 117 York Street moved here from MA five years ago and loves it here. She read the petition presented by Cecile Bigl which contained 30 signatures of York Street residents who do not appreciate that the ATV trail has been moved into their neighborhood.
Cecile Bigl, 89 York Street, asked what the ATV speed limits are and said they are not being enforced. She asked why the ATV trail was moved away from Dead River Park and reverted to York Street. Ms. Bigl asserted that the neighbors cannot even open their windows due to the dust problem. She presented the Mayor and Council with a petition signed by thirty citizens who are complaining. She hopes something gets done about it.
Mayor Grenier asked Cecile if any official complaints were made to the Police Department with documented times and dates where citizens’ rights were being violated. Cecile replied that the cops do not come around. Mayor Grenier explained that the purpose of his questions were because Council supports the ATVs as a significant economic boost for Berlin. He does not want to do away with the ATV trail but wouldn’t be opposed to move it where it is safe for everyone. He asked Ms. Bigl if she would be willing to work with Councilor Cayer to see if we can come up with solution for all involved. Ms. Bigl agreed.
On another matter, Cecile Bigl said that they need a street sign that reads York Street. There currently is no sign on that street. The Mayor asked Pat MacQueen to work on placing a sign on that street.
- Ordinance 2010-13 Amending the Zoning Ordinance. No comments
- Resolution 2010-38 Segregating Funds from the 2010 Budget/Appropriating to 2011 Budget. No comments.
- Resolution 2010-39 Carrying Over Grant Funds from 2010 to 2011 Budget. 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 7:40 p.m.
REGULAR CITY COUNCIL MEETING – SEPTEMBER 20, 2010
Mayor Grenier called the regular City Council Meeting to order at approximately 7:41 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, Sue Tremblay, Pam Laflamme, ATV Club members, Cecile Bigl, Rita Smith, Jason Vien, Roland Berthiaume, a BHS Civics Class student, citizens and the press.
Minutes, Previous Meetings
Councilor Remillard moved with a second by Councilor McCue to accept the minutes of the 9/07/10 WS & Regular Meeting and 9/13/10 Work Session. So moved, the motion carried
Disbursements:
The Committee on Accounts/Claims recommends paying all bills dated 9/09/10–9/22/2010 for a total cash disbursement of $1,556,120.29 Draft #1625. 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
UNFINISHED BUSINESS
1. Council Committee Reports – No Reports
2. Ordinance 2010-12 Amending the City of Berlin Code of Ordinances, Chapter 13, Streets, Sidewalks, and other Public Places, Article IV. Parks and Recreation, Division 2, Operation of Off Highway Recreational Vehicles, Section 13-112. Operation of ATV’s. (tabled 9/7/10)
Be it ordained by the City Council of the City of Berlin, as follows:
Whereas, the City of Berlin now has a year's experience with its cross-town ATV trail; and
Whereas, the need for certain minor changes to the ordinance regulating this trail have become evident
Be It Ordained by the City Council of the City of Berlin, as follows:
That The City Of Berlin Code Of Ordinances, Chapter 13, Streets, Sidewalks, and Other Public Places, Article IV. Parks and Recreation, Division 2, Operation of Off Highway Recreational Vehicles, Section 13-112. Operation of ATV's is hereby amended as follows: (New Language = Underline, Deleted Language = Strikethrough)
"Sec. 13-112. Operation of ATV's
No person shall operate an ATV, as defined by NH RSA 215-A:1, in or on any street, lane, bridge, alley, sidewalk or other public place in the city except as provided below:
In addition to the public trails at Jericho Mountain State Park, the following is an authorized municipal public ATV trail within the City of Berlin:
ATV Connector Trail - This authorized municipal trail runs where marked from the Jericho Mountain State Park to where it crosses a private road on property located at Map 410 Parcel 3 and Map 107 Parcel 5 currently owned by Allen Bouthillier and Edward Nash, respectively. The trail then enters Route 110 opposite the Lessard Farm Road and follows Route 110 southeasterly as it changes from Jericho Road to Wight Street and finally to Third Avenue. The trail continues to follow Third Avenue to Mannering Street and follows Mannering Street to Second Avenue to Hillside Avenue. The trail follows Hillside Avenue, for a short distance to just southwest of 4 Hillside Avenue (Valley Creek Eatery, Map 119, Parcel 261) where the trail crosses into the Dead River Park Dead River Park or
alternatively, to York Street (determined by how the trail is actually marked and signed) where it continues easterly to Cole Street. In the park the trail follows southeasterly to the southeast end of the Dead River Park. The trail then turns left onto Cole Street and follows a northeasterly direction to Mason Street where it follows Mason Street southeasterly to East Mason
Street where it continues southeasterly to Hutchins Street where it follows Hutchins Street northeasterly to Success Pond Road where it follows Success Pond Road to the Berlin/Success line.
In places where the ATV Connector Trail authorized above follows City streets, the trail is so designated with green diamonds on the pavement, ATV signage and markings, which must be obeyed by the ATV operator.
The ATV Connector Trail shall not be open and usable until it is properly marked and signed as determined by the Police Chief.
Where an ATV operator is operating on the above designated trail on City streets and encounters an ATV stop sign, the operator must come to a complete stop, on the right, off of the pavement before proceeding.
ATV users in the City must abide by all State and City laws when on designated trails on City streets and must abide by all motor vehicle traffic laws. However, underage State certified ATV operators may ride the trail on City streets if and only if accompanied closely by a properly motor vehicle licensed adult.
The speed limit for ATV operators when operating on the designated trail on City streets is 25 mph.
ATV's must yield to pedestrians at all times. and must, when on the designated trail on City streets, yield to vehicular traffic.
ATV operators, when operating on the designated trail on City streets, shall ride single file in traffic in the paved travel laneon the extreme right portion of pavement (not gravel or paved shoulders) except when preparing to make a left turn. ATV operators shall not leave the designated trail within the City except as may be specifically otherwise provided herein. A specific exception shall be that an ATV operator may leave and return in the shortest possible route to the designated trail at the intersection of East Mason and Hutchins Streets to cross the intersection to the fueling or other service facilitiesy across that intersection, and further that an ATV operator may leave and return in the shortest possible route to the designated trail at the intersection of Cole and York or Cole and the Dead River
Park to travel no more than a block and a half to the fueling and other service facilities at the intersection of Green and Pleasant Streets.
Under no circumstances will any part of the ATV Connector Trail on a city street be open and used by any ATV operator when there is snow on the street pavement, and under no circumstances will any part of the ATV Connector Trail on a city street be open and used by any ATV operator when the State opens the in-town snowmobile trails.
All ATV's operating on designated trails on City streets must have working head and tail lights.
Complaints regarding ATV use of these trails shall be received by the Traffic Safety Committee, who may recommend changes to the Council. The Council shall have the power to change the times of such ATV use by vote without amendment to this ordinance. (Ord. of 9-21-09)" This Ordinance shall be in full force and effect from and after passage.
Councilor Cayer moved with a second by Councilor Danderson to remove the ordinance from the table at this time. So moved, the motion carried.
Councilor Cayer moved with a second by Councilor Danderson to have the ordinance read a second time by title only.
Discussion:
- Councilor Cayer clarified that this ordinance allows the trail to be in either location to do what needs to be done.
- Mayor Grenier supports passing the ordinance tonight since the Council has the ability to make changes to make peace in the community. He asked Cecile Bigl to write a letter to Council for her participation to redirect the ATV trail.
Councilor Landry wasn’t sure about the history of why the trail moved to begin with. He suspected it was for the same reasons they heard tonight. All of York Street is here to complain.
Councilor Cayer said this is the first he heard about this complaint so far. When they first sat down to discuss the trail it seemed no problem to move it. He is very happy to work with residents since he wants it to work. The more the community is involved, the better it will be for everyone.
Councilor Danderson said that most of the dust issue must coming from the Water Works moving their dirt pile. He does agree with the loudness of some of the machines. Out-of-towners are doing it and we need to clamp down through the police. He suggests that the Police conduct periodic stops like Thursdays and Fridays. The quad runners make it hard on the rest of the riders. He is here to make sure ATV use is positive since 4-5 businesses rely on that business. Council will work hard to handle issues but we need enforcement.
The City Manager clarified that passage of this ordinance has nothing to do with trail location at all.
So moved, the motion carried and the ordinance now had its second reading by title only.
Councilor Cayer moved with a second by Councilor McCue to read the ordinance a third time by title only. So moved, the motion carried.
Councilor Cayer moved with a second by Councilor Danderson to pass the ordinance. So moved, the motion carried and Mayor Grenier declared the ordinance now passed.
3 . Ordinance 2010-13 Amending the Code of Ordinances, Chapter 17, Zoning, ArticleIII. Nonconforming Lots, Uses and Structures, Secs. 17-31 through 17-33. (tabled 9/07/10)
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 Secs. 17-31 through 17-33 of Article III Nonconforming Lots, Uses and Structures, 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:
a. Lots: the size, area, dimensions or frontage of a lot.
b. Uses: the land use(s) or type of development occurring on the lot.
c. 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 one or more nonconformities. 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, deeds, surveys, or other information as may be deemed to be necessary by the Code Enforcement Officer or his or her designee 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:
a. 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.
b. The lot met the minimum size, frontage and area standards which were in effect when the lot was created.
c. The lot does not conform to present size, frontage, dimension, 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. Lots without Adequate Size, Dimension, Area, and/or Frontage. A lot which fails to conform to size, area, and/or dimensional requirements (including frontage) which are in effect under ordinances or regulations at the time of application shall not by reason of that those defect(s) 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 any use allowed in the applicable 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, dimension, area and/or frontage, 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, the following uses: Manufactured Housing Parks, Manufactured Housing Subdivisions, and the Planned Development Option
which all require a lot size greater than the established minimum lot size for these particular uses in their respective zones and are not permitted on a nonconforming lot.
b. 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:
a. The property cannot reasonably be developed for the proposed use without the setback deviation.
b. These deviations are necessitated by the size and shape of the nonconforming lot and not for convenience of the owner or financial advantage.
c. The property can be developed as proposed without causing a significantly greater adverse impact than the adverse impact such development on a conforming lot would have 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. This Ordinance shall be in full force and effect from and after passage.
Councilor Remillard moved with a second by Councilor Danderson to remove the ordinance from the table at this time. So moved, the motion carried. Councilor McCue voted no.
Councilor Remillard moved with a second by Councilor Danderson to have the ordinance read a second time by title only. So moved, the motion carried. Councilor McCue voted no.
Councilor Remillard moved with a second by Councilor Danderson to read the ordinance a third time by title only. So moved, the motion carried. Councilor McCue voted no.
Discussion: For the record, Councilor McCue explained that in light of the activity today in Coos County Superior Court with the Preliminary Injunction, it might be better to leave this ordinance on the table until more facts are sorted out.
Councilor Danderson said that is exactly why he wants to move forward not for a particular person or event on non-conforming lots but for the whole city. The other way would show bias for one person over another. Let the people involved battle it out in court.
Councilor Remillard moved with a second by Councilor Danderson to pass the ordinance. Roll Call resulted in unanimous affirmative votes of Council including Mayor Grenier with the exception of Councilor McCue who voted no. Mayor Grenier declared the ordinance now passed.
4 . Resolution 2010-38 Carrying over Four Million, Five Hundred Two Thousand, Two Hundred Fifty-Six Dollars and Ninety-Six Cents ($4,502,256.96) of Capital Appropriations and Ten Thousand, Two Hundred Ninety-Nine Dollars and Fourteen Cents ($10,299.14) from Fund 30 for the Police Department for the year ended June 30, 2010 which are not yet expended from the previous fiscal year. (tabled 9/07/10) Resolved by the City Council of the City of Berlin as follows:
That the following capital appropriation funds (including carryover Capital Improvement funds) for the year ended June 30, 2010, be carried over as described below:
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From Account #
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Purpose
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Request
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City Manager Recommendation
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Total
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Carryover Requests from Operating Budget
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Parks and Recreation
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01-450-626-0000
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Community Field Parking
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$ 4,160.52
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$4,160.52
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Justification
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Work in progress to complete signage and speed burms
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Total Parks and Recreation
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4,160.52
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Total Carryover Requests from Operating Budget
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$ 4,160.52
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$ 4,160.52
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$4,160.52
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Capital Improvements
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|
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01-480-913-0016
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Storm Drain Replacement
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$ 20,000.00
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$20,000.00
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Justification
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Funds requested to complete project
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|
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01-480-932-0020
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PD Cates Hill Wireless
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$ 29,825.80
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$29,825.80
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Justification
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Funds requested to complete project
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01-480-963-0030
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Rotary Park Boat Ramp
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$ 1,114.50
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$1,114.50
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Justification
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Funds requested to complete project
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Total Capital Improvements
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$ 50,940.30
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$50,940.30
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$50,940.30
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Bonded CIP Items
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01-481-402-2004
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Bonded CIP - Route 110 Phase II
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$ 1,599,964.00
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$ 1,599,964.00
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Justification
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Matching Funds for completion of Route 110
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01-481-420-0019
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Bonded CIP - PD Men's Bathroom
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$ 12,000.00
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$ 12,000.00
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Justification
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Funds requested to complete project
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01-481-420-0909
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Bonded CIP - PD Cates Hill Wireless
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$ 6,736.48
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$ 6,736.48
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Justification
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Funds requested to complete project
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01-481-421-1313
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Bonded CIP - FD Alarm Console Repair
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$ 50,000.00
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$ 50,000.00
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Justification
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Funds requested to complete project
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01-481-421-1315
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Bonded CIP - FD Telephone Replacement
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$ 12,000.00
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$ 12,000.00
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Justification
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Funds requested to complete project
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01-481-425-0102
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Bonded CIP - Housing Initiative
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$ 100,189.06
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$ 100,189.06
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Justification
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Funds will be used to support enforcement of RSA 155-B actions generated by the Fire Chief; RSA 147 actions generated by the Health Officer, the expenditures associated in securing tax deeded properties, boarding up buildings and making abandoned areas safe.
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01-481-425-2003
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Bonded CIP - IT Initiative
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$ 39,941.06
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$ 39,941.06
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Justification
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Funds requested to complete improvements to City's IT system
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01-481-430-1203
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Bonded CIP - PW Equipment Replacement
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$ 40,181.00
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$ 40,181.00
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Justification
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Funds requested to complete project
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01-481-431-2503
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Bonded CIP - Retaining Wall Repairs
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$ 90,000.00
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$ 90,000.00
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Justification
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Funds requested to complete project
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01-481-431-2605
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Bonded CIP - Sidewalk Replacement
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$ 55,000.00
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$ 55,000.00
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Justification
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Funds requested to complete project
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01-481-431-2606
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Bonded CIP - Hutchins Street Realignment
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$ 1,200,000.00
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$ 1,200,000.00
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Justification
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Funds requested to complete project
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01-481-431-2607
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Bonded CIP - Bridge Inspection/Repair
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$ 750,000.00
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$ 750,000.00
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Justification
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Funds requested to complete project
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01-481-460-0018
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Bonded CIP - BJHS Replacement Windows
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$ 21,755.00
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$ 21,755.00
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Justification
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Funds requested to complete project
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01-481-999-9999
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Bonded CIP - Non-Specified Items
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$ 47,325.00
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$ 47,325.00
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Justification
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Funds requested to carryover complete bonded amount
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Total Bonded Capital Improvements Items
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$ 4,025,091.60
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$4,025,091.60
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$4,025,091.60
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Carryover Capital Improvement Funds (Segregated Funds)
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01-495-995-0403
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Public Works Garage
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$ 91,913.99
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$ 91,913.99
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Justification
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Funds requested to construct a salt storage shed
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01-495-995-0502
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Library Exterior Paint
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$ 7,186.57
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$ 7,186.57
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Justification
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Funds to be used to repaint trim on the back of the main building.
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01-495-995-0710
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Practice Field Development
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$ 25,595.63
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$ 25,595.63
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Justification
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In-house work to refine playing surface. Purchase bleachers and tables.
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01-495-995-0711
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Memorial Annex Field Improvement
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$ 218.29
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$ 218.29
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Justification
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Complete with exception of purchase and delivery of loam
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01-495-995-0712
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R & P Bleacher Improvements
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$ 2,564.75
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$ 2,564.75
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Justification
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Ongoing purchase of replacement boards and paint
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01-495-995-0901
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Police Building Maintenance
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$ 41,447.64
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$ 41,447.64
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Justification
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Funds requested for the continuation of the building repair projects
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01-495-995-0906
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Police Impound Building
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$ 58,350.00
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$ 58,350.00
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Justification
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Funds requested for completion of the impound garage project
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01-495-995-0907
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PD Air Filtration System
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$ 2,701.42
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$ 2,701.42
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Justification
|
Funds requested to complete project
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01-495-995-1001
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City Hall Building Repairs
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$ 11,838.29
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$ 11,838.29
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Justification
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A side porch is needed; and repair of water damage caused by leaking roof
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01-495-995-1110
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Fire Dept. FEMA Grant Match
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$ 6,600.00
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$ 6,600.00
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Justification
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Awaiting USDA Grant Award in September 2011
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01-495-995-1111
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Master Plan Update
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$ 9,514.39
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$ 9,514.39
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Justification
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To pay Jeff Taylor & Associates for Housing Chapter & Historical/Cultural
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Chapter and Executive Summary in FY 2011
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01-495-995-1203
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Public Works Equipment Replacement
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$ 9,229.04
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$ 9,229.04
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Justification
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Funds shall be utilized to purchase new equipment
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01-495-995-1313
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Fire Dept. Repair Program
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$ 30,700.35
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$ 30,700.35
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Justification
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Funds shall be utilized for completion of re-pointed building
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01-495-995-2003
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IT Initiative
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$ 1,944.46
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$ 1,944.46
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Justification
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Funds shall be utilized for completion of IT improvements
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01-495-995-2503
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Retaining Wall Repair and Replacement
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$ 18,514.40
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$ 18,514.40
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Justification
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Currently using this fund for Watson St., First Ave., Clark St., High St., Coos St.
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01-495-995-2602
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Unity/Shelby Street Improvements (Rename to Salt/Sand Storage Shed)
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$ 84,688.00
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$ 84,688.00
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Justification
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Funds will be utilized to construct a salt shed
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01-495-995-3502
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Library Circulation Automation
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$ 6,075.64
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$ 6,075.64
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Justification
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To continue automation of the library catalog and circulation system.
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01-495-995-3503
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Library Outside Brickwork
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$ 12,981.68
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$ 12,981.68
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Justification
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To repair the deteriorating brick exterior in the back of Library building
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|
Total Carryover Capital Funds Requests from FY2010
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$ 422,064.54
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$ 422,064.54
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$ 422,064.54
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Total General Fund Carryover Appropriation Requests from FY2010
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$ 4,502,256.96
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$ 4,502,256.96
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$4,502,256.96
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Carryover Requests from Fund 30
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|
|
|
|
Police Department
|
|
|
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30-420-908-9100
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OJP JAG Equipment Grant
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$ 6,063.13
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$6,063.13
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Justification
|
Funds will be utilized for completion of grant projects.
|
|
|
|
30-420-908-9712
|
Byrne JAG Grant
|
$ 4,236.01
|
$4,236.01
|
|
Justification
|
Funds will be utilized for completion of grant projects.
|
|
|
|
|
Total Carryover Appropriations from Fund 30
|
$ 10,299.14
|
$ 10,299.14
|
$10,299.14
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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 Danderson to have the resolution read a second time by title only including the subtotals. So moved, the motion carried.
Councilor McCue noted that the $4,025,091.60 for Total Bonded Capital Improvements Items listed on page 2 was included in the resolution.
Councilor McCue moved with a second by Councilor Danderson to read the resolution a third time by title only. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Danderson to pass the resolution. So moved, the motion carried and Mayor Grenier declared the resolution passed.
5 . Resolution 2010-39 Carrying over One Million, Eight Hundred Eighty-Eight Thousand, One Hundred Thirty-Seven Dollars and Fifteen Cents ($1,888,137.15) of Grant Funds for the year ended June 30, 2010 which are not yet expended from the previous fiscal year. (tabled 9/07/10)
Resolved by the City Council of the City of Berlin as Follows: That the following grant funds for the year ended June 30, 2010, be carried over as described below:
Rev Acct #
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Description
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Grant Amount
|
2010
Expense
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Grant Funds Re-Appropriated
|
|
|
FUND 10
|
|
|
|
|
10-305-239-0000
|
Archery Grant
|
|
|
234.87
|
|
10-305-239-0000
|
Walker Grant
|
|
|
150.00
|
|
10-305-240-0000
|
AV Roy Grant
|
57,447.84
|
40,936.06
|
16,511.78
|
|
10-319-300-0000
|
WAIT Grant
|
6,375.00
|
5,743.53
|
631.47
|
|
|
Total Fund 10 - School Grants
|
|
|
|
17,528.12
|
|
FUND 30
|
|
|
|
|
|
Health Dept.
|
|
|
|
|
30-361-604-0017
|
Hazard Mitigation Grant
|
154.83
|
-
|
154.83
|
|
30-361-604-0019
|
Public Health Community Initiative
|
2,661.64
|
-
|
2,661.64
|
|
30-361-604-0020
|
NC Health Consortium Pandemic Planning
|
860.00
|
28.56
|
831.44
|
|
30-361-604-0021
|
Pandemic Acute Care Center Supplies
|
9,850.00
|
|
9,850.00
|
|
30-361-604-0024
|
Home Care Association
|
880.88
|
674.93
|
205.95
|
13,703.86
|
|
Fire Dept.
|
|
|
|
|
30-365-602-0003
|
Walmart Donation
|
1,550.69
|
1,435.44
|
115.25
|
|
30-365-602-0005
|
Jefferson Firemen's Golf Tournament
|
500.00
|
|
500.00
|
615.25
|
|
Planning Dept.
|
|
|
|
|
30-366-603-6002
|
Planning DRED Grant
|
2,500.00
|
2,500.00
|
-
|
|
30-366-603-6003
|
Tillotson Grant/Master Plan
|
2,607.00
|
2,607.00
|
-
|
|
30-366-603-6004
|
NH Charitable Foundation - Master Plan
|
10,000.00
|
10,000.00
|
-
|
|
30-366-603-6007
|
DRED Trails Grant
|
3,000.00
|
2,164.01
|
835.99
|
|
30-366-603-6008
|
Neil & Louise Tillotson – AVCC
|
13,200.00
|
13,200.00
|
-
|
835.99
|
|
Other City Departments
|
|
|
|
|
30-368-300-0001
|
Library - Walmart Grant
|
250.00
|
-
|
250.00
|
|
30-368-601-0000
|
Rec Dept - Tri-County CAP ARRA Grant
|
2,380.63
|
2,369.03
|
11.60
|
261.60
|
|
Administration
|
|
|
|
|
30-373-705-0000
|
City Hall Wellness Grant
|
1,867.24
|
300.98
|
1,566.26
|
1,566.26
|
|
Total Revenue Deferrals Fund 30 - Grant Fund
|
|
|
|
16,982.96
|
|
Sewer Fund
|
|
|
|
|
60-333-802-0000
|
BOP – Contracts
|
2,125,000.00
|
271,373.93
|
1,853,626.07
|
1,853,626.07
|
|
Total Grant Funds Deferred to FY2011
|
|
|
|
1,888,137.15
|
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 Danderson to have the resolution read a second time by title only. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Danderson to read the resolution a third time by title only. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Danderson to pass the resolution. So moved, the motion carried and Mayor Grenier declared the resolution passed.
NEW BUSINESS
6 . Ordinance 2010-14 Amending the Code of Ordinances, Chapter 4, Buildings and Building Regulations, Sec. 4-1 and Sec. 4-10 adopting the 2009 edition of the International Existing Building Code. (1st read)
Councilor Danderson moved with a second by Councilor Rozek to table the ordinance and schedule a public hearing no later than December 2010. So moved, all voted yes to table and the motion carried.
Councilor Remillard commented that it seems Council is put the cart before the horse. She would like to first have a meeting with the Building Inspector to see how these changes affect the city.
Councilor McCue added that instead of tabling the move to kill the ordinance at this time would send a bad message. He wants to learn more about the changes but not kill this ordinance.
Councilor Cayer inquired if they would have needed a motion to table or could they have just let it sit there.
Mayor Grenier replied that Council could have opted to remove this from the agenda.
Councilor Danderson said that tabling would give it a priority and expedite it to happen.
7 . Polling Hours for the November 2, 2010 State General Election.
Councilor McCue moved with a second by Councilor Cayer to set the polling hours for the November 2 State General Election from 8:00 am until 7:00 pm. So moved, the motion carried.
8. City Manager’s Report
WWTF Funding
As you may recall from my report at the last Council meeting, in addition to the $12.805M loan and $1.342M grant from USDA Rural Development with which we are proceeding to accomplish the Phase II WWTF improvements, we ended up 2nd on the State's priority list for State Revolving Loan Fund (SRF) principle forgiveness in the amount of $2M dollars. So the question was how we could best take advantage of both this additional funding from this NH DES SRF program and the USDA RD program?
This morning I met with representatives of USDA Rural Development and NH DES in Concord regarding how we might or might not be able to take advantage of both funding resources at the same time for the improvements to the WWTF.
As you might imagine there are limitations or restrictions as well as timing issues in both programs which make it somewhat difficult to take care of both programs at the same time. For example, it is a hard and fast rule with the RD program that you can't get a dime of the grant until the entire loan amount is expended. In practice that may mean that if the bids come in low (below the loan amount of $12.805M), we may never be able to get to the RD grant amount. Even though we definitely want the grant, obviously it is probably even better if the bids come in so low that we don't need the whole loan amount even though it means we don't get the grant amount because that saves everybody money.
With respect to the NH DES SRF program and the $2M in principle forgiveness which we are on the list for, the State legislature still has to approve this which won't occur until April of this coming year at the earliest. It is not clear yet whether Davis Bacon wages will be required under either program.
Accordingly, the approach we came out of the meeting today was that we will continue to assume that we are doing the permanent funding of the project under the RD loan and grant. We will use the current SRF $15M loan which we obtained in 2008 as interim financing for the project. In April or May of next year we will find out if the legislature has finally approved the SRF $2M principle forgiveness program. If they don't approve it, we will continue on with the RD loan and grant program as the permanent funding source as we had originally planned and the Council approved doing. If they do approve it, we will receive the $2M in SRF principal forgiveness and pay off the remaining SRF loan with the RD loan and grant. Under this latter scenario, depending on the bids come in, instead of a maximum grant of $1.342M the City
could end up with a maximum grant of $3.342M.
It is probably a long shot, but we don't want to forget that technically we are also still eligible for the standard State Aid Grant ()SAG grant of 20%, approximately another $3M some time in the future when the State restores this currently suspended program which it says it will do, but this will be believed when it happens.
Property Taxes
The due date for the City's MS-1 submission to DRA by the Assessing Department has been extended a week to this Friday. As you know the BOA is having a meeting this Wednesday evening at City Hall. Based on the assessing figures we have to date overall assessments will be falling from $480M to $447M or about $33M drop overall, which in rough terms means that the flat tax rate that the Council worked to achieve prior to the reassessment would be going up about by about 7% or to about $31.90. This is far less than the 20% that we were talking about during the budget process. However, the County tax dropped from the $1,455,466 we used in the budget to $1,305,955 which is about $.34 on the tax rate. Therefore we are estimating at this point that the tax rate DRA should set some time in October after the revaluation reduction
in overall value should be right around $31.57/K or an increase of $1.75 over the old rate (with the old assessments) of $29.82.
Fraser Plant Situation
Last week, we were hearing rumors about the Fraser plant and whether it would stay open and whether the purchase was still on. Today, when I got back from Concord, I spoke to Plant Manager Willis Blevins who had called to say that they had extended their WARN notice from September 18, to October 13th. (Council received copies of this from the City Clerk.) The notice says that if sale discussions fail, that the plant could cease operations indefinitely as early as September 30th. He said it was possible that the plant could go down any time during that period depending on both the bankruptcy court and orders they received. He said that financing was supposed to have been in place by this last Friday and it wasn't but it is still being worked on. A lot of people have been working very hard to make this
sale happen. Hopefully, it will work out.
12th Street Bridge Project
The project is moving along as planned with all asphalt having been removed and improvements are being made to the cement decking. So far, there have been no surprises to delay the project.
Bid Packages
A bid package for the demolition of 761 Second Avenue/ 692 Second Avenue and 169 Green Street is going out this week with bids due October 5th. Demolishing three structures together should make for a favorable bid.
BOP/FCI
November 1, 2010 is the target date for advertising FCI Berlin as a location choice for current FBOP employees which will be advertised on the federal website www.usajobs.gov Recruitment for new staff will occur over the winter with interviews to take place in the spring. The target date for opening is still July 2011. A local committee based out of the WMCC working with NH Employment Security and other community leaders are busy with outreach activities geared not only at potential employees but at getting businesses certified to do business with the federal government.
Subpoena
I’ve been subpoenaed to appear at Superior Court in Lancaster for the NADC tax case hearing tomorrow. At issue in that case are the 2007-2008 tax years.
WREN
The City’s Public Works and Police Departments received thanks in the Fall edition of the WREN Magazine for their help with the Farmer’s Market. We all look forward to next year’s markets.
Councilor McCue moved with a second by Councilor Landry to accept the City Manager’s Report and place it on file. So moved, the motion carried
9. Mayor’s Report
Proclamation: October Domestic Violence Awareness Month.
BHS homecoming was a very successful event. The community and parents should be proud of the students who were exemplary in sports and behavior. The floats were great and the community should be proud. Mayor Grenier always has lots of fun on homecoming weekend which is a refreshing activity that draws lots of folks out.
Mayor Grenier thanked Cecile Bigl for bringing to light the ATV problems on York Street. Participation from citizens regarding the ATVs is integral to the city. Councilors Danderson and Cayer worked very hard to bring this forward. Council will work to address problems to bring quality of life to those residents.
Councilor McCue moved with a second by Councilor Landry to accept/file the Mayor’s Report. So moved, the motion carried.
10. Public Comments
Rita Smith, 117 York Street, simply said she is 100% for the ATVs, just not on York Street. She also stated the yellow lines depicting parking on one side of the street are fading and need to be repainted.
Cecile Bigl, 89 York Street added that no one dares complain anymore. She is glad Council listened tonight.
11. COUNCIL COMMENTS
Councilor McCue thanked all the election workers last week for putting in a long day due to the new reporting requirements. He heard about it at NHMA and they will discuss the matter in greater detail at a future meeting.
Councilor Danderson stated that since the discontinuance of traffic on the 12th Street Bridge, traffic has increased dramatically between 7-9 and 3-5 on the East Mason Street Bridge. There is lots of congestion and they need more police presence during that time. People should drive 25 mph at the bridge but don’t. He almost got hit the other day. They have to make a more conscious effort to make it more orderly. Second, in reference to ATV’s he suggests the need to make signs that say “If too loud, go home.” He thinks they should have an ordinance against wheelies since there is no reason to do so and it should be $100 per wheelie.
Councilor Evans stated that last Tuesday at 5:30 am local National Guard members were met by supporters along the streets. Speaking for the Mayor and Council, they wish for their safe return.
Councilor Rozek recalled that the Council’s intent and ultimate goal through the extensive series of budget evaluations, hearings and tedious work was a flat tax with no increase. Due to the recent reval of the buildings there are major increases which will mostly affect the single family homeowners. He is not pleased with this outcome. He hopes Council takes this increase into consideration while they remember that the city is top-heavy in personnel and administration. We have to find a way to reduce taxes in this city or it will be impossible to encourage growth or any kind of development.
Mayor Grenier told Council that we currently have two community boards who do not report directly to the Council. They are the Police Commission and School Board. The Police Commission will meet with Council next week. This will be an opportunity for Council to work with them on any matters of concern. On October 11, they will meet with the School Board. He asked Council to think of any issues they want to discuss with either board. Mayor Grenier’s goal is to have these meetings 2-3 times per year.
12. Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Cayer moved with a second by Councilor Evans to adjourn the meeting. So moved, Mayor Grenier declared the Regular Meeting adjourned at approximately 8:43 p.m.
A True Record, Attest:
Debra A. Patrick, CMC
City Clerk
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