REGULAR CITY COUNCIL MEETING – OCTOBER 18, 2010
Mayor Grenier called the regular City Council Meeting to order at approximately 7:35 p.m. in the Council Chambers of City Hall. The pledge of allegiance to the flag preceded roll call. Present: Councilors Remillard, Landry, McCue, Danderson, Evans, Rozek, Cayer and Poulin. Also present: Pat MacQueen, Sue Tremblay, Corinne Cascadden, Jan Millis and the press.
Minutes, Previous Meetings
Councilor Rozek pointed out a couple of errors in the October 11 Work Session minutes. The first is on page three, last paragraph where vocational center is mentioned it should be the technical center. The other issue on the previous page, half way down, regards a question he asked Mr. Perreault that has to do with the slip line on Route 16. Councilor Rozek wants to make sure his comment that Route 16 would not be excavated this fall or winter is not good business and Mr. Perreault agreed will be included in the minutes. Councilor Rozek then moved to amend the minutes, as discussed, with a second by Councilor Danderson. So moved the motion carried. Councilor Remillard moved with a second by Councilor Danderson to accept the October 4 Regular Meeting Minutes and the October 11 amended Work Session Minutes.
So moved, the motion carried.
Disbursements:
The Committee on Accounts/Claims recommends paying all bills dated 10/07/10–10/20/2010 for a total cash disbursement of $1,444,676.39 Manifest #1627.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: no public comments
UNFINISHED BUSINESS
- Council Committee Reports – Safety Committee. Councilor Evans gave the following report:
- Speed Limits. Council recommends adopting an ordinance making the speed limit for Jericho Road to be 25 mph as shown on the map.
Councilor Evans stated that the city currently has no direction as to how speed limits were set in the past. The Traffic and Safety Committee had nothing to change and nothing to go on. They created a map that has speed limits on it (rough draft) with different zones with the default as 25 mph. Through the ordinance, their intention is to have council adopt a resolution that will allow the Mayor and Council only to make changes to that map whenever needed and a copy of the map will be kept at the City Clerks’ office. Councilor Evans emphasized that the Police were involved with the whole process.
Mayor Grenier said the prima facie speed limit is 25 mph.
Councilor Evans said it is the state that has 25 mph as prima facie so enforcement can be difficult. The Safety Committee spoke to the Police Department extensively through Deputy Chief Valerino.
Councilor Remillard concurred that the Police Department has been very supportive. There previously was no rhyme or reason as to how fast limits are. This ordinance now brings consistency to the city. She was disappointed maps were not available today for Council review.
Councilor McCue suggests that the city get media coverage before enforcement begins.
Councilor Evans clarified that the map basically mimics what we have now.
City Manager MacQueen agreed that the map is 95% identical to what we currently have.
Councilor Rozek was concerned that the Council should have had access to that map before tonight’s meeting.
Mayor Grenier suggested that Council vote tonight just to table the ordinance and put it on the November 1 Work Session for discussion.
Councilor Danderson moved with a second by Councilor McCue to accept the Safety Committee recommendation. So moved, the motion carried.
NEW BUSINESS
- Ordinance 2010-14 Amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article II, Specific Street Regulations, Sec. 15-41. Speed Limits by Deleting in its Entirety the Existing Section 15-41 and replacing it with new language. (1st read)
Councilor Danderson moved with a second by Councilor McCue to table the ordinance and schedule a public hearing on November 1, 2010. So moved, the motion carried.
- Ordinance 2010-15 Amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article III, Stopping, Standing and Parking. Sec.15-70. Two Hour Parking Zones by adding Wight Street.
This item was removed from the agenda per Council vote in the Work Session.
- Resolution 2010-41 Increasing the Police Department’s Fiscal Year 2010-2011 Budget Appropriation by Twenty-Two Thousand, Five Hundred Dollars ($22,500) to cover Police Services Provided to the Town of Milan. (1st read)
Councilor Remillard moved with a second by Councilor Landry to table the resolution and schedule a public hearing on November 1, 2010. So moved, the motion carried.
4a. Resolution 2010-42 Changing in name and purpose $21,755.00 remaining in the bond issue from Resolution 2009-43 for window replacement at the Berlin Jr. High to window replacement at Brown School. (1st read)
Councilor McCue moved with a second by Councilor Danderson to table the resolution and schedule a public hearing on November 1, 2010. So moved, the motion carried.
5. City Manager’s Report
Tax Rate Setting
The City of Berlin tax rate setting is scheduled to occur this Tuesday with DRA. The rate we are hoping to get DRA to set is $31.83/K, which apart from the impact of the revaluation is the same rate the City has had for the last couple of budgets of $29.82.
East Milan Road Paving
Sargent Construction brought in E.J. Prescott with sound finding equipment to try to find the leak in the force main. They had already found a section of pipe that had a crack in it from the manufacturer, but testing after that was replaced revealed continued very small leakage which Prescott's equipment has not been able to detect. The approach now has been to try to test section by section to see if they can isolate where this leakage is coming from. It is very frustrating and Sargent is very aware of the need to get the road paved, but because it is a sewage force main, the leakage must be found. However, if they can isolate where it is, then the paving can start on a separate section while the leak is being fixed.
As of this morning, Sargent thinks they have isolated the remaining leak to a section of the force main near the pump station. If they can verify this which will hopefully happen this afternoon, they can then immediately start paving from White Mountain Lumber to the 12th Street Bridge.
12th Street Bridge Project
The concrete for the bridge deck was poured last Tuesday morning and has been protected and heated since then for the curing process. Testing is being done this week to see what strength the concrete is achieving. We are still awaiting the arrival of the expansion joints for each end of the bridge which also have to be installed. The prep work for these is being carried out and the joints themselves are expected in this week.
Paving Bids
Only one bid was received for the two paving projects we are anticipating. This bid was from Pike Industries. We would have preferred at least another bid but the price is reasonable and we believe we can get both Hutchins Street and Highland Park completed for an estimated bid amount (based on estimated quantities) of $193,461.50. This breaks down to $117,472.50 for Hutchins Street and $75,989 for Highland Park. The bid will be awarded tomorrow.
Manchester Building Ordinance and SB354
Mayor Grenier pointed out an article in the Union Leader last week which referred to a new Ordinance that Manchester passed in April as a means of better collecting on overdue building and housing inspection fines from landlords who had not paid. This Ordinance is based on a new State Law which Manchester submitted and got passed in April of 2010. This new law is HB 354 which authorizes cities and towns to place liens on the properties of landlords when such fines go unpaid. It is pretty amazing how it took us three years to get the changes we wanted to state law. Manchester did it quietly at the end of the last legislative session with hardly any notice. This bill goes into effect January 1, 2011. A copy of it is attached. This law represents another tool we did not have before to deal with difficult landlords in Berlin.
Landlord Ordinance
Staff has worked to make the landlord ordinance work for Berlin. We also have feedback now from the City attorney on it and should be able to have it available for the Council to review at the next work session. We will also be looking to see if it doesn't make sense to work SB354 into this ordinance or simply keep it as a separate option.
Demolition Bids
Last week bids were opened for several demolition properties. 796 Western Avenue was bid separately and received 9 bids ranging from the apparent low bid of $10,811 to a high bid of $26, 397. Bids for the package of 761 Second Ave, 169 Green Street and 692 Second Ave. ranged from an apparent low of $33,169 to $63,550. These bids are all being reviewed and awards will likely be made this week.
NSP Infill House
The modular home at the corner of Rockingham and East Mason Street has been erected on its foundation and is being completed. The lot is one where we combined two lots after demolishing the burnt out properties on them. We don't yet know what the final disposition of the house will be. This will be dependent on CDFA's input. The view from this home will be grand.
Riverfire
The weather this year was a consistent as ever keep the volunteers who put on this event on their toes and threatening with wind and rain. The event itself came off without a hitch and had a good turnout with lots of people to see all the new events which included carved pumpkins on the pedestrian bridge, a great haunted house put on by Theatre North and fireworks at the end. The scheduled hot air balloon rides succumbed to the windy weather.
Visit from Berlin, Germany
On Wednesday as scheduled, Troute Grier and her grandson Nicholas arrived at City Hall from Berlin, Germany. She was accompanied by her American cousin and his wife with whom she was staying in Woodsville, NH. She was quite an enthusiastic ambassador for her City and wants to see a continuing relationship between the two cities. She says she knows the Mayor of Berlin, Germany and she is going to relate that to him.
Councilor McCue and Councilor Evans both attended the exchange and heard quite a bit about what it was like to be in Germany during WWII and after. Proclamations and gifts were exchanged. Mrs. Grier was presented with a proclamation from Mayor Grenier as well as NH Maple Syrup and the book "Once Upon a Time In Berlin" by Poof Tardiff. Ms. Grier presented us with German Chocolate, the book "To Save a City" on the post-war airlift and a book on Berlin and Potsdam Germany.
Farmer's Market Continuation
Arrangements have been made to use the former Rite Aid building at 145 Main Street for two additional Farmer’s Markets to be held on the Saturday before Thanksgiving, November 20 and the Saturday before Christmas, December 18 from 10:00 a.m. to 2:00 p.m.
Councilor McCue suggested that an artist rendering of what is being put up at the Rite Aid building would be nice as opposed to just a construction site. He also asked the City Manager to contact those in charge of the Coalition Community Meetings and let them know the Berlin City Council meets on Monday nights. It would be helpful if the meetings were scheduled on a different night so the Mayor and Council could get involved.
Councilor Evans added that they presented Troute Grier with NH maple syrup from Bissons Sugar House.
Councilor Rozek commented that the City Manager so eloquently stated that the tax rate went up $2.01 but did not go up. He wants to hear that number again.
The City Manager clarified that if assessments stayed as they were, the tax rate would be the same. The revaluation impact changed the number.
Mayor Grenier asked why the difference?
City Manager MacQueen explained that additional numbers from the MS-1 brought the amount up.
Mayor Grenier asked the City Manager to put a copy of the MS-1 report in each Councilors box for their review.
Councilor Rozek asked the City Manager if there was any delay in replacing expansion joints for the Twelfth Street Bridge and if it is all on schedule.
Councilor Remillard said business owners are concerned whether or not the bridge work is still on schedule since they are losing several hundred dollars per week due to the construction.
The City Manager replied that they are still on schedule for completion the 2nd week in November.
Councilor Danderson moved with a second by Councilor McCue to accept the City Manager’s Report and place it on file. So moved, the motion carried
6. Mayor’s Report
Proclamation: Keeping the Lights on After School.
Councilor Danderson moved with a second by Councilor McCue to accept the proclamation. So moved, the motion carried.
Mayor Grenier suggested that the City Council read SB354 for their information.
Mayor Grenier reported he received a letter from the NH Liquor Commission regarding a liquor license for Ron’s Variety and feels they do not need to hear from the Mayor and Council directly.
The City Manager said that he and the Police Chief could get together to answer this type of letter.
Councilor McCue added that to be consistent, could the City Manager please send a reply to this one. He moved with a second by Councilor Poulin have the City Manager send a letter to the NH Liquor Commission regarding Ron’s Variety. So moved, the motion carried.
Mayor Grenier stated he fully supports this application on premise and it is critical to this business.
Mayor Grenier went on to say that he has never seen a show put on Saturday night like the one at Heritage Park. They previously have come under criticism and scrutiny from virtually doing nothing to help themselves. He gave kudos to the Northern Forest Heritage Park and all agencies involved in the RiverFire. It was phenomenal and he thanked them for their efforts. He received positive comments and it was nice to see such a significant number of people out. The Mayor thanked the City Manager, Dick and Paul Lafleur for lighting the fires on the river. He was thrilled to see how this went off and anyone walking through the area after dark was blown away.
Councilor Danderson moved with a second by Councilor McCue to accept/file the Mayor’s Report. So moved, the motion carried.
7. Public Comments
Jan Millis,118 Mt Forist Street, Youth Afterschool Program Director gave the Mayor and Council a report regarding this years’ program. It is their seventh year of providing services to local children and some people don’t know what their program is about. She thanked Councilors Remillard, Danderson and Evans for coming to see the program. One goal is to get parents engaged with the program which is underutilized. They are also trying to get community support. This program has brought in over two million dollars into this city and they are here until 2014. They also have served over 1,250 unduplicated youth in Berlin, have 20 employees and 5 full-time employees and have received national recognition. The City should tap into this program.
Corinne Cascadden, School Superintendent, added that the State evaluated 26-27 other programs with other criteria and Berlin outscored out of 9. It is viewed as a highly successful program. The kids benefit with snacks and enrichment activities.
8. COUNCIL COMMENTS
Councilor McCue thanked Jan and the Project Youth Afterschool Program and explained he won’t be able to attend their function due to a scheduling conflict. He thanked all who attended RiverFire to make it a success.
Councilor Landry asked the City Manager who is allowed to use playing fields like the Gaydo Field. Just recently, the Field Hockey Team had to be at community field. Mike Poulin said that was done internally and done unfairly. He said the fields have been done nicely and finds it odd that we don’t use them enough. He asked how scheduling was done and also asked why Tony Urban has a key to that field.
Mayor Grenier said they are helping to rehab the soccer field at the college and the result has been using the memorial field outfield. The BHS field gets overuse and costs lots of money. Mayor Grenier asked Corinne to get Craig to give Council a report of dates and who used that field .
9. Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Danderson moved with a second by Councilor Poulin to adjourn the meeting. So moved, Mayor Grenier declared the Regular Meeting adjourned at approximately 8:35 p.m.
A True Record, Attest:
Debra A. Patrick, CMC
City Clerk
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