Skip Navigation
This table is used for column layout.
 
City Council Minutes 12/20/2010 Regular Meeting
PUBLIC HEARING – December 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 resolution at approximately 7:30 p.m.
  • Ordinance 2010-15 Amend Chapter 4 of City Code to Adopt IEBC (previously read as 2010-14) – no     comments
  • Ordinance 2010-16 Amending Chapter 8 of City Code to Add Article III. Disorderly Actions in Non-Owner   Occupied Dwellings.
Rene Boucher, Pine Street, moved back to Berlin but feels he is being held hostage since he is surrounded by non-owner occupied buildings.  This past summer he called the Police 2-3 times per week because of foul language, fighting, beating kids in the three large dwellings in his neighborhood.  They take the trash out too early and the animals get to it and it is spread through the neighborhood.  He has had vandalism to his property and vehicles. He met with the Police Department but all efforts were a waste of time and money since there was no law to back them up and their hands were tied.  This ordinance is a positive step in the right direction and is good for both residents and the Police Department.  Mr. Boucher encouraged Council to pass this ordinance.

  • Resolution 2010-47 PD Emergency Generator $80,000 Grant – no comments
There being no one else wishing to speak for or against the above noted resolutions, Mayor Grenier closed the public hearing portion of the meeting at approximately 7:35 p.m.  

REGULAR CITY COUNCIL MEETING – DECEMBER 20, 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, Danderson, McCue, Evans, Rozek and Cayer.  Councilors Poulin and Landry were absent.  Councilors Landry and Poulin emailed that they could not attend the meeting.  Also present: Pat MacQueen, Andre Caron, citizens and the press.
         
Minutes, Previous Meetings  
Councilor Danderson moved with a second by Councilor Remillard to accept the minutes of the December 6 Regular Meeting/Work Session and December 13 Work Session.  So moved, the motion carried.

Disbursements:  
The Committee on Accounts/Claims recommends paying all bills dated 12/09/10–12/22/2010 for a total cash disbursement of $1,721,775.34 Manifest #1631.  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

  • Council Committee Reports – No reports
 
  • Ordinance 2010-15 (previously read as 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.   (tabled 9/20/10)
Be it ordained by the City Council of the City of Berlin as follows:  That Chapter 4, Buildings and Building Regulations of the Code of Ordinances of the City of Berlin is hereby amended as follows:  (Underlined – additions; Strikethrough = deletions):

Amendment #1 - Sec. 4-1. Building Code Adoption.
The city council hereby adopts the State Building Code to establish uniform rules and regulations for the construction of buildings within the city pursuant to RSA 155-A, as amended. Further, that the city council hereby adopts as an amendment to the State Building Code, the International Existing Building Code, 2009 Edition.  (Ord. of 10-1-90 & 6/7/10)

Amendment #2  - Sec. 4-10. Additions, insertions, deletions and changes.
The following changes are made in the following codes:
(1) State Building Code (International Building Code, latest edition adopted by State2006 Edition.)
  • Section 100.1 Title. These regulations shall be known as the building code of the city, hereinafter referred to as this code.
  • Section 103.4 Rehabilitation. Buildings existing before January 1, 1991, in which there is work involving repairs, alterations, additions or changes of use shall be made to conform to the code by applying the requirements of Article 32 or the provisions of Articles 2 through 31.
  • Section 109.1 Code official. The code official as referred to in these codes shall mean the health officer, building inspector or their designees.
  • Section 109.2 Appointing authority. The code official shall be appointed by the city manager. The code official shall not be removed from office, except for cause and after full opportunity to be heard on specific charges by and before the appointing authority. (Ord of 6/7/10)
(2)International Existing Building Code, 2009 Edition
a. Section 101.1 Title. These regulations shall be known as the Existing Building Code of the City of Berlin hereinafter referred to as "this code."
b. Section 1301.2   Applicability. Structures existing prior to January 1, 1991, in which there is work involving the additions, alterations or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 4 through 12. The provisions of Sections 1301.2.1 through 1301.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, and S. These provisions shall not apply to building with occupancies in Group H or I.
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 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 Remillard moved with a second by Councilor Danderson to have the ordinance read a third time by title only.  So moved, the motion carried.
Councilor Remillard  moved with a second by Councilor Danderson to pass the ordinance at this time.  So moved, the motion carried and Mayor Grenier declared the ordinance now passed.

  • Ordinance 2010-16 Amending the Code of Ordinances, Chapter 8. Housing by adding Article III, Disorderly Actions in Non-Owner Occupied Dwellings.    (tabled 12/06/10)
Be it ordained by the City Council of the City of Berlin as follows: That City of Berlin’s Code of Ordinances is hereby amended by adding the following Article III.  Disorderly Actions in Non-Owner Occupied Dwellings to Chapter 8, Housing:  ARTICLE III.  DISORDERLY ACTIONS IN NON-OWNER OCCUPIED DWELLINGS
DIVISION 1.  IN GENERAL

Sec. 8-176.  Statement of Purpose:
The purpose of this ordinance under the authority of RSA 48-A of the New Hampshire Revised Statutes Annotated (NHRSA), is to reduce the number and frequency of Disorderly Actions which occur in dwelling units in the community, likelihood of fire, accidents and other calamities. Disorderly Action as defined herein is found to constitute unhealthy and/or hazardous conditions likely to result in fire, accidents and other calamities. Further, under NHRSA 31:39 1n “Regulating noise”, and under NHRSA 47:17 II & III “to prevent any riot, noise, disturbance or disorderly assemblages” and to "suppress and restrain disorderly houses…" the purpose is to insure that all tenants of multi-unit buildings and their neighbors within and around any property be able to enjoy their property in a peaceful and safe manner absent of disorderly conduct or actions.  
Sec. 8-177.  Definitions:
Certificate of Compliance - A document issued by the Code Enforcement Division attesting that the designated dwelling, dwelling unit, or rooming house on inspection was found to be in compliance with Chapter 8 Housing Code of the City Ordinances.  Certificates shall contain information including a description of the rental unit, the expiration date of the certificate, reapplication, re-inspection and renewal requirements.
Disorderly Action – As defined in Berlin City Ordinance 10.5 Offenses and Miscellaneous Provisions - Section 16 Disorderly Actions

Disorderly Action Reports – Reports will be maintained and tracked by a Public Officer.

Dwelling - Any structure, trailer, mobile home or camp or part thereof, used and occupied for human habitation or intended to be so used and includes any appurtenances belonging thereto or usually enjoyed therewith (RSA 48-A:1, III), including but not limited to any yard, driveway, porch, stairway, sidewalk, outbuilding and environs associated with the dwelling.

Dwelling Unit -  A single unit providing complete and independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation facilities, including those units where one or more of such facilities are shared in common. (RSA 153:1, III)

Non-Owner Occupied Dwelling – A dwelling where the owner does not reside.

Non-Owner Occupied Dwelling Unit - Any dwelling unit that is rented, leased or otherwise permitted to be occupied by persons other than the owner.  

Occupant - An individual who resides or is a visitor in a dwelling unit.  Adult occupants shall be deemed to include and be responsible for any and all minors residing with such adult occupants in such dwelling unit.

Owner - All corporations, partnerships, limited liability companies or partnerships, entities, shareholders, and/or all persons or person, in whom is vested all or part of the legal title to the premises, including but not limited to, a mortgage holder in possession of a dwelling, whether as a result of foreclosure, a deed in lieu of foreclosure or other legal/equitable process.

Owner-Occupied Dwelling - A dwelling in which the owner resides on a regular, permanent basis.

Public Officer - An officer of the Berlin Police Department, the Berlin Health Department, the Berlin Code Enforcement Department, or any other law enforcement agency having jurisdiction within the City of Berlin.

Rental Property - Any non-owner occupied dwelling and/or non-owner occupied dwelling unit in a building, dwelling, or rooming house which provided permanent or transient living facilities and occupied by tenants on a rental basis.  This term shall include, but not be limited to, hotels, motels, and dormitories so long as they are offered for rent or allowed to be occupied by others.

Responsible Party – any owner, operator, agent and/or manager of any non-owner occupied dwelling unit.  Secs. 8-178--8-185 Reserved.
* Charter Reference: Section 4, [General Authority of Council]
* Cross Reference: Chapter 10.5 Offenses and Miscellaneous Provisions
* State Law References; RSA 31:39 1n, RSA 31:39 III, RSA 48A2 et seq. and RSA 47:17 II and III

DIVISION 2. DUTIES
Sec. 8-186 - Owner Duties
It shall be the duty of every Responsible Party to keep and maintain all non-owner occupied dwellings and all non-owner occupied dwelling units in a non-owner occupied dwelling in compliance with all applicable codes and provisions of all applicable state laws, regulations and local ordinances.  Such rental property must be kept in good and safe condition by the Responsible Party; and such Responsible Party shall be aware of and act to eliminate disorderly action in such non-owner occupied dwellings and/or dwelling units.  All non-owner occupied dwellings and owner occupied dwellings with 3 or more dwelling units must be registered with the City’s Code Enforcement Office and have a valid and current Certificate of Compliance as required by Chapter 8 of the Housing Ordinance in order to be occupied.  It shall be the responsibility of every Responsible Party to display a copy of the issued Certificate of Compliance in any non-owner occupied dwelling and non-owner occupied dwelling unit; and in addition, display the following information;
  • The name, mailing address and telephone number of the Responsible Party, who must be available to be reached twenty-four (24) hours per day, seven (7) days per week.  
  • The days and times on which garbage and recycling are to be placed curbside for collection.
  • The telephone number to call to register complaints regarding the physical condition of the non-owner occupied dwelling and non-owner occupied dwelling unit.
  • The telephone number for emergency police, fire and medical services.
  • The date of the expiration of the Certificate of Compliance.
Sec. 8-187 - Occupant Duties
All occupants of any non-owner occupied dwelling unit shall comply with all obligations imposed by this Ordinance, all codes and ordinances of the City of Berlin and the laws of the State of New Hampshire.  Such  occupants shall be responsible for the conduct themselves and their guests while  within any portion of the non-owner dwelling and/or dwelling unit, and shall conduct themselves in a manner that will not disturb the peaceful enjoyment of the dwelling by others and that will not disturb the peaceful enjoyment of those living in adjacent or nearby dwellings.  The occupant shall not engage in conduct nor allow others in the dwelling and/or dwelling unit to cause damage to the non-owner occupied dwelling and/or dwelling unit or engage in disorderly action that would violate this Ordinance, other City ordinances or State laws. Secs. 8-188--8-195 Reserved
* Cross Reference: Chapter 8 Division 5 – Certificate of Compliance, Chapter 8 Division 4 – Responsibilities of owners, operators and occupants

DIVISION 3.  DISORDERLY ACTIONS
Sec. 8-196.  Incidents of disorderly actions.  A Public Officer shall investigate alleged incidents of disorderly actions.  The officer shall complete a disorderly behavior report upon a finding that the reported incident constitutes disorderly action as defined herein.
  • The information filed in the report shall include the identity of the alleged perpetrators of the disorderly action and all other obtainable information, including the factual basis for the disorderly action in the report.
  • A copy of the disorderly action report shall be given or mailed to the occupant and mailed to the Responsible Party within 10 working days of the occurrence of the alleged disorderly action.
Sec. 8-197.  Eviction after three (3) disorderly action incidents.  After three (3) disorderly action incidents in any twelve (12) month period by the same occupant documented by disorderly action reports, Responsible Party shall have ten (10) working days from the date of receiving the notice of the third disorderly action incident to begin eviction proceedings against the occupants (tenants) unless the appeal process of Section 6 below is pursued by the Responsible Party or the Occupant.  The Certificate of Compliance of the dwelling unit shall remain in effect as long as the initial filing of the eviction proceedings has been completed and the case is being prosecuted in a timely fashion.  Failure to take such action will result in proceedings to suspend the Certificate of Compliance for that dwelling unit.  The non-owner occupied dwelling unit involved shall not have its Certificate of Compliance reinstated until the disorderly action occupant has been evicted.  The disorderly action occupant, upon eviction, shall not re-occupy any non-owner occupied dwelling unit in the same dwelling involved for a period of one (1) year from date of eviction.
a.      In the case where the Berlin Police Commission or a court rules against the eviction, the Certificate of Compliance will remain in effect unless there are other issues in the same dwelling or dwelling unit that require its suspension.  Secs. 8-198- 8-211 Reserved
*Cross Reference: Chapter 8 Division 5 – Certificate of Compliance, Chapter 10.5 Section 10.5-16 Disorderly Actions

DIVISION 4. EXEMPTIONS  Sec. 8-212. - Exempt Units
a.      All owner occupied single and two-family dwellings.
  • All non-owner occupied dwelling units which are condemned as uninhabitable for human occupancy or dwellings which are being renovated, for which a legal and current building permit has been issued, shall be exempt from the requirements of this ordinance.  Secs. 8-213-8-220 Reserved
DIVISION 5.  APPEALS  Sec. 8-221 - Appeals      
A Responsible Party or an Occupant may appeal  any decision of a Public Officer made under this ordinance to the Berlin Police Commission by filing a written appeal to the Commission within ten (10) days of the Responsible Party’s or an Occupant’s receipt of a third disorderly action report as provided in section 4-d above. A Responsible Party or an Occupant may then appeal any decision made by the Berlin Police Commission to the District Court by filing such appeal in writing within ten (10) days of the receipt by the Responsible Party or an Occupant of the decision of the Berlin Police Commission. Sec 8-222-8-230 Reserved
*Charter Reference: Section 14a, [powers duties of mayor generally]

DIVISION 6.  PENALTIES  Sec. 8-231. Violations
  • Any violation of a provision of this Ordinance or any failure to comply with this Ordinance shall be prosecuted within limits provided by NH RSA 31:39 III, with penalties not to exceed $1,000 for each offense.
  • Each day that a violation continues shall constitute a separate offense. Secs. 8-232--8-240 Reserved.
*Charter Reference: Section 4, [General Authority of Council]
*Cross Reference: Chapter 10.5 Offenses and Miscellaneous Provisions
*State Law References; RSA 31:39 III, RSA 48A2 et seq. and RSA 47:17 II and III

DIVISION 7.  SINGLE AND TWO-FAMILY OWNER OCCUPIED DWELLINGS - Sec. 8-241.  
All occupants of an owner occupied dwelling unit shall comply with all obligations imposed by Berlin City Code Chapter 10.5 Offenses and Miscellaneous Provisions - Section 16 Disorderly Actions and all codes and ordinances of the City of Berlin and the laws of the State of New Hampshire.  Such  occupants shall be responsible for the conduct themselves and their guests while  within any portion of the dwelling and/or dwelling unit, and shall conduct themselves in a manner that will not disturb the peaceful enjoyment of the dwelling by others and that will not disturb the peaceful enjoyment of those living in adjacent or nearby dwellings.  The occupant shall not engage in conduct nor allow others in the dwelling and/or dwelling unit to cause damage to the dwelling and/or dwelling unit or engage in disorderly action that would violate this Ordinance, other City ordinances or State laws.

Failure to comply with the provisions of Berlin City Code Chapter 10.5 Offenses and Miscellaneous Provisions - Section 16 Disorderly Actions will result in a penalty as detailed in Section 10.5 – 20 Penalties. Secs. 8-242--8-248 Reserved.

DIVISION 8.  SEVERABILITY - Sec. 8-249.
The provisions of this Ordinance are declared to be severable and if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance.  They shall remain in effect, it being the legislative intent that this Ordinance shall stand. Sec. 8-250--8-255 Reserved.  This Ordinance shall be in full force and effect from and after passage.

Councilor Danderson moved with a second by Councilor Remillard to remove the ordinance from the table at this time.  So moved, the motion carried.
Councilor Danderson moved with a second by Councilor Remillard to have the ordinance read a second time by title only.  So moved, the motion carried.
Councilor Danderson moved with a second by Councilor Remillard to have the ordinance read a third time by title only.  So moved, the motion carried.
Councilor Danderson moved with a second by Councilor Remillard to pass the ordinance at this time.  Roll call resulted in unanimous affirmative votes by Council with the exception of Councilor Evans who voted no.  Mayor Grenier declared the ordinance now passed.  

  • Resolution 2010-47 Authorizing the Berlin Police Commission to apply for and accept Eighty Thousand Dollars ($80,000) of grant funds from the NH Department of Safety under the 2008 Homeland Security Grant Program for an emergency generator and to appropriate such funds when received to the Berlin Police Department Budget.  (tabled 12/06/10)
Resolved by the City Council of the City of Berlin as follows:

WHEREAS, Berlin Police Department dispatch serves as the center of emergency communications for police, fire, and emergency medical services; and
WHEREAS, in the event of a crisis or catastrophic event, the police department serves as the city’s Emergency Operations Center (EOC) and the recreation department as an emergency shelter; and
WHEREAS, a generator is the sole back-up source for electricity for the police and recreation departments; and
WHEREAS, recent electrical issues prompted a professional evaluation of the current generator at which time it was deemed underpowered and no longer capable of supporting the electrical  demands of both departments; and
WHEREAS, the safety of the North Country’s citizens is imperative, and the State of New Hampshire recognizes the emergent need of auxiliary power for Berlin’s emergency communications and EOC; and
WHEREAS, funding for the purchase and installation of a power generator is available through the Law Enforcement Terrorism Prevention and the State Homeland Security Program portions of the 2008 Homeland Security Grant Program.  Now therefore, be it resolved by the City Council of the City of Berlin, NH, that the Berlin Police Commission is authorized to apply for and accept $80,000.00 of funds from the NH Department of Safety for the 2008 Homeland Security Grant Program for the purchase and installation of a power generator; further that the City Manager is authorized to sign paper work necessary to the grant acceptance and execution, and further, that upon receipt of the funds, they are hereby appropriated to the Berlin Police Department budget for the purpose of effectuating said grant.  This Resolution shall be in full force and effect from and after passage.

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

NEW BUSINESS

  • Resolution 2011-01 Authorizing the sale of 411 School Street (Map 128, Lot 160) (often referred to as the Burgess School or Notre Dame High School) and the adjacent lot Map 128, Lot 159) for $1.00 and a commitment to rehabilitate the building for a needed use within the community.  (1st read)
Councilor Danderson moved with a second by Councilor McCue to table the resolution and schedule a public hearing on January 3, 2011.  So moved, the motion carried.

  • Resolution 2011-02 Increasing the Police Department’s Outside Overtime budget appropriation for fiscal year 2010-2011 by fifteen Thousand Dollars ($15,000) and increasing the Police Department’s Group II Retirement budget appropriation by Two Thousand, Nine Hundred Sixty-Three Dollars ($2,963); said increases to be offset by revenue from Undesignated Fund Balance.   (1st read)
Councilor Remillard moved with a second by Councilor McCue to table the resolution and schedule a public hearing on January 3, 2011.  So moved, the motion carried.

  • Resolution 2011-03 Authorizing the Berlin Police Commission to apply for and accept Two Thousand, Sixty Three Dollars ($2,063) in grant funds from Primex for safety equipment.  (1st read)
Councilor Remillard moved with a second by Councilor Evans to table the resolution and schedule a public hearing on January 3, 2011.  So moved, the motion carried.

8.      City Manager’s Report

$285K Acquisition and Demolition Grant
I am happy to report that we finally received the paperwork on a $285k acquisition and demolition grant from HUD which we had applied for several years. Senator Sununu had been instrumental in helping us to obtain this federal funding. This funding will not only allow us to continue to demolish blighted structures, but also to acquire them. Of course most federal requirements still go with this grant including historic provisions, but this is the closest we have come yet to obtaining outside funding for this purpose. This has been one of our major problems in our effort to remove blighted surplus structures. $285k will go quickly, given the expense of acquisition, abatement and demolition, but it is a lot more than we have had to spend for these purposes in the past.

I&I Project and EPA Violation Notice
Bids will be received on Tuesday on I&I bid package. They will be reviewed by Wright-Pierce and hopefully be ready for an award recommendation sometime this week. As you know, the work involves re-lining in place the existing pipe which runs south along the river from the College to the Dairy Bar pump station. The remaining schedule for the project is for the work to be carried out from January through March. We are hoping that this work will do much to cut down on the high flows we get in our sewer system in heavy rain events.

We have already received what the EPA calls an Administrative Order (copy attached) which is based on violations of our National Pollutant Discharge Elimination System (NPDES) permit. In these events the water in our system goes up 5-fold and we then have to divert excess flows that can't be handled in our WWTF directly into the river. Our NPDES Permit allows us to do this in what is called a Combined System Overflow (CSO), but it does not allow us to discharge over a certain amount of E. coli bacteria into the river. Unfortunately, discharge of dilute sewage into the river is likely going to contain E. Coli bacteria beyond this limit. Hence the violation.

Therefore as we have said many times before, our options probably in order of priority are to reduce I&I which is what we are working on now, store the raw sewage somewhere until the flows go down and then treat it. (We have talked about acquiring and using the old Fraser Plant owned by the Waste District for this purpose.) Or finally, actually installing a system to chlorinate (disinfect) the raw sewage before discharging it.

The Administrative Order also mentions that we are late on providing them with an O&M Manual which we are still working on completing.

Discussion with BOP on Sewer
We have begun a weekly discussion with the BOP regarding their beginning to bring prisoners into the new FCI relative to our ability to take and treat sewage in a manner which does not put us in further violation of our NPDES permit. The gravity sewer, force main and pump station are on a schedule which pretty well meshes with the needs of the BOP-FCI which would like to start bringing in prisoners early next summer and ramp up from there over nine months. The primary difficulty comes with the improvements needed at our WWTF which will not be fully complete at least until the end of 2012. We are working to try to best plan our work on the improvements so as to accommodate the BOP ramp up of use as rapidly as we are confident that we can property treat the additional sewage which will stem from that ramp up.

Waste District Public Hearing
Attached is a notice of public hearing which will be held by the AVRRDD as part of its plans to expand the footprint of the Mt. Carberry Landfill by 28 acres. The public hearing will be held at the AVRRDD offices on Tuesday, January 11, 2011 at 6pm.

"Seven to Save"
Berlin's Research and Development Building at the NFHP will be the focus of a special presentation by the New Hampshire Preservation Alliance on Tuesday, December 21 at 11am at the Park. These R&D buildings were officially named to the "Seven to Save" in list of landmarks deemed as irreplaceable assets for the State of New Hampshire in October of this year. The flier for this event is attached.

Councilor Rozek inquired about the fact that the sewer line from the college to the Dairy Bar were originally going to be replaced and now the report says they will be relined.

The City Manager replied that the engineers thought the best way to go was relining not replacing.

Councilor Remillard asked if the $285,000 acquisition money has been designated to certain buildings yet?

Housing Coordinator Andre Caron replied this is a unique situation that allows them to purchase instead of waiting for a tax deed although it is not an open checkbook.  They need a Federal assessment and a realtor needs to do the appraisal.  They plan to sell in an upfront process but need a person there to show amenities.  There are a series of buildings with high visibility that they have in mind.

Councilor Remillard asked if the sewer system would be temporarily set enough to accommodate the Bureau of Prison this spring.

The City Manager said it will go under the river but not in the new pump station yet.

Councilor Remillard asked if it is not completed next summer, will it delay them?

The City Manager does not think it will delay the Bureau of Prisons.  They actually delayed themselves by waiting so long to get things done.

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

9.      Mayor’s Report

a) Mayor Grenier thanked Lieutenant Valliere for being a strong advocate to change the City Code for the Non-Owner Occupied Ordinance.  He worked hard to keep everyone’s shoulder to the wheel.  There will be many beneficiaries of this ordinance change.  

b) Mayor Grenier informed the Council that on Wednesday evening the Berlin Police Department made a significant drug bust and cleaned up lots of problem people.  He thanked the Chief and the officers involved.  We are making strides and there are lots of good people left making us proud to be from here.

Councilor Danderson moved with a second by Councilor Remillard to accept/file the Mayor’s Report.  So moved, the motion carried.

10.     Public  Comments    

Lieutenant Barney Valliere thanked Council for passing the ordinance.  It has been a long rocky road but with the assistance of Andre, the City Manager and Mayor as the driving force they got it done.    

11.     COUNCIL COMMENTS

Councilor McCue wished everyone a Merry Christmas and Happy New Year.

Mayor Grenier also wished everyone a Merry Christmas and Happy New Year and said unless there is anything major to discuss, they will not have a meeting on the 27th.
 
12      Adjournment:

There being no further business before the Mayor and Council at this time, Councilor Evans       moved with a second by Councilor Remillard to adjourn the meeting.  So moved, Mayor Grenier declared the Regular Meeting adjourned at approximately 8:08 p.m.

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