Work Session
November 5, 2012
Present were: Mayor Grenier, Councilors Otis, Remillard, Benski, Morgan Allain, Rozek, Nelson and Theberge; Councilor Higbee was absent
Others present included Linda White, Pamela Laflamme, Patrick MacQueen, media and public
Mayor Grenier asked to add a discussion of Motion of Berlin Station, LLC for Amendment of the Certificate of Site and Facility to this agenda. Councilor Remillard so moved; Councilor Otis seconded and the motion carried unanimously thereby achieving the 2/3 majority.
Discussion of Filling City Manager Position
Mayor Grenier asked what avenue the Council wants to take with regard to filling the city manager position. The County used Primex for recruiting their superintendent of corrections and finance officer and they were satisfied with the process. The consensus of the Council was to move forward with Primex to recruit a new manager. Councilor Rozek entered the meeting at this time, 6:45 p.m.
Energy System Exemptions
Mayor Grenier acknowledged communications received by the Council regarding the sunset of the existing solar exemption effective December 31, 2012. Councilor Nelson noted that she would need more information about wind and wood to move forward on adding them to the exemption. Councilor Remillard made the point that those taxpayers who have the resources to purchase an energy system are getting the benefit of savings from that system.
Mr. MacQueen explained that Avitar has advised in the past that no value is added to a property with wind or wood, so there would be no exemption. Councilors were willing to continue with adding another five years to the solar exemption but not to adding more exemptions. A new resolution will be drafted for the meeting on the 19th.
Resolution 2012-34 Deferred State Aid
Mr. MacQueen explained that with this resolution the City will join with other municipalities and the Local Government Center to try to put pressure on the Legislature to authorize funding for the State’s match to water, waste water, and solid waste projects. When the State defers funding, rates go up.
Other - Motion of Berlin Station, LLC for Amendment of the Certificate of Site and Facility
Mayor Grenier distributed a motion to be filed with EFSEC by Berlin Station that they plan to submit tomorrow. There are no issues or concerns and this is the technical application that will remove Berlin Station’s obligation to do the Riverwalk. The City has given permission to make the change and now the Site Evaluation Committee has to hold a procedural hearing and make the final decision. The City will file as interveners so that its interest is protected.
Councilor Remillard moved to accept the Motion of Berlin Station, LLC for an Amendment of the Certificate of Site and Facility and for the City to file as an intervener; Councilor Theberge seconded.
In further discussion, Councilor Rozek asked for an explanation of a change in diesel engines mentioned on page 3 of the motion. Ms. Laflamme indicated that every detail of the project was permitted by EFSEC and any changes made need to be approved by them. The change will allow chips to be fed from the bottom of the pile rather than the permitted way, which if from the top of the pile.
The vote on the motion was unanimously in favor.
Other – Request from Main Street Program
Councilor Remillard stated that she received a request from Sylvia Poulin and the Main Street Program asking for the Council’s support for fireworks in the amount of $3,000. Councilor Remillard moved to give $3,000 from the Council Contingency Account to the Main Street Program to support fireworks; Councilor Morgan-Allain seconded and the motion carried.
Councilor Nelson mentioned that she is in favor of funding the fireworks; however she wanted to see a breakdown of how the money the city provides to the Main Street Program is spent adding that they have chosen not to contribute to the Chamber of Commerce toward the administrator’s salary. Mayor Grenier noted that there are changes occurring at Main Street, Heritage Park and Chamber; he asked that representatives come to a Council meeting to explain the changes and how they affect funding.
Amendment to Request for Waiver
Ms. Laflamme reported that many years ago there was a gas station at the 145 Main Street site. The property is being sold by BIDPA and the lender, as part of due diligence asked that soil samples be taken and one came back contaminated. BIDPA wants to contract for the removal and disposal of contaminated soil with Cyn Environmental Services and with SRW Environmental Consulting to install a monitoring system. The buyer is eager to close on the property. Mayor Grenier confirmed that a monitoring well head will be out of the pavement as close to the edge of pavement as possible, away from parking spaces and plowing.
Councilor Rozek noted that there has not been a service station there for 30 years. He questioned the cost and Ms. Laflamme reported that it is estimated at $15,000 to $18,000.
Councilor Nelson moved to waive the bidding process and authorized the approval of two contracts for the removal, disposal and installation of a monitoring well for 145 Main Street; Councilor Rozek seconded and the motion carried.
Non-Public Session.
Councilor Nelson moved to go into non-public session per RSA 91-A:3II(d) Consideration of the acquisition, sale or lease of real or personal property; Councilor Rozek seconded and the motion carried unanimously by roll call.
Councilor Otis moved to come out of non-public session; Council Rozek seconded and the motion carried unanimously by roll call.
Councilor Nelson moved to seal the minutes of the non-public session as releasing them would render proposed action ineffective; Councilor Rozek seconded and the motion carried.
PUBLIC HEARINGS
Mayor Grenier opened the duly advertised public hearings at approximately 7:40 p.m. to receive public input regarding the following subject matters:
Ordinance 2012-11 Amending IPMC Property Code; Mayor Grenier closed the public hearing at 7:40 p.m. There were no comments.
Ordinance 2012-12 Zoning Amendment; at 7:40 p.m. Mayor Grenier opened a public hearing to hear comments on Ordinance 2012-12
Richard Lapointe, 150 Enman Hill, opposed the change to the zoning of his residence from residential single family to rural residential. He said that his taxes will go up by $250 per year. He owns property across the street and his lot is currently buildable; however in a rural residential setting, it would be useless. He listed several scenarios that could occur in a rural residential area that are not allowed in residential single family including a manufactured home park, farm stand, and farm animals. He said that he did not buy his house to have businesses in the neighborhood. He went on to say that this is about one neighbor wanting to build a garage in back of his property and none of the neighbors have a problem with that. He concluded by saying that taxes will go up and he opposes changing
the single family zoning designation for five homes on Enman Hill to rural residential. Mayor Grenier closed the public hearing at 7:44 p.m.
Resolution 2012-32 Brownfields Grant; at 7:44 p.m. a public hearing was opened for Resolution 2012-32; Mayor Grenier closed the public hearing at 7:45 p.m.
REGULAR MEETING
Mayor Grenier called the regular City Council Meeting to order at approximately 7:45 in the Council Chambers of City Hall. The pledge of allegiance to the flag preceded roll call. Present: Councilors Remillard, Otis, Rozek, Benski, Morgan-Allain, Théberge, and Nelson; Councilor Higbee was absent. Also present: Patrick MacQueen, press and public.
Minutes, Previous Meeting
Councilor Remillard moved with a second by Councilor Otis to accept the minutes of the October 15, 2012 Work Session/Regular Meeting and October 22, 2012 Work Session. So moved, the motion carried.
Disbursements: It was recommended by the Committee on Accounts/Claims to pay all bills dated 10/18/2012 to 11/7/2012 for a total cash disbursement of $1,733,905.31 Draft #1677. Councilor Nelson moved with a second by Councilor Morgan-Allain to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims. So moved, the motion carried.
PUBLIC COMMENTS
Linda White, 262 Hillside Avenue, commented regarding Resolution 2012-32 Brownfields Grant saying that to date, the City of Berlin has been extremely proactive in addressing abandoned and blighted residential and mill/industrial properties, through demolition, de-densification, and rehabilitation.
Under the provision of The Brownfields Revitalization Act, funding is provided to conduct environmental surveys for multiple sites. The EPA defines a Brownfield site as “real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, or petroleum.”
Assessment and Clean-up planning are crucial building blocks to facilitate re-use and redevelopment of these contaminated lands and properties; ultimately resulting in the revitalization of the riverfront, expansion and development of parks, walking trails, green-spaces, and industrial and entrepreneurial growth as defined and guided by the City’s Master Plan and Downtown Development.
We continue to address and clean-up sites. To date our efforts have yielded $600,000 in EPA Clean-up grants and we’ve identified other sites which are currently being applied for in clean-up grant funds. The specific goal of the Assessment Grant Program is “to inventory, characterize, assess, and conduct planning and community involvement related to brownfield sites.” Following is the list of potential targeted sites:
me. So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Theberge to have the ordinance read a second time by title only. So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Theberge to have the ordinance read a third time by title only. So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Theberge to pass the ordinance. So moved, the motion carried and Mayor Grenier declared the ordinance now passed.
3. Ordinance 2012-12 Zoning Amendment (tabled 10/15/2012)
Be it ordained by the City Council of the City of Berlin as follows:
That the Code of Ordinances of the City of Berlin be and hereby are further amended by amending Chapter 17, ZONING, Official Zoning Map as follows:
OFFICIAL ZONING MAP
The City of Berlin Zoning Map shall be changed to reflect the following, along the southerly side of Enman Hill Road starting at Tax Map 132 Lot 94 to Tax Map 130 Lot 85, the properties that are currently zoned Residential Single Family shall now be zoned Rural Residential. A map is attached for further clarification. This Ordinance shall be in full force and effect from and after passage.
Mayor Grenier commented that he could have supported the ordinance if it had not affected taxes. He called a final time for action on Ordinance 2012-12 and the ordinance remained on the table without action.
4. Resolution 2012-32 Brownfields Grant for $200,000 (tabled 10/22/2012)
Resolved by the City Council of the City of Berlin as Follows:
Whereas, contaminated properties are known to exist within the City of Berlin; and
Whereas, the City can use these funds to assist in the economic development of contaminated properties by funding Phase I and Phase II studies; and
Whereas, the City or other entities needing Cleanup Grant Assistance under United States Environmental Protection Agency Brownfields Program must have Phase I and Phase II studies completed in order to be able to begin any remediation process; and
Whereas, the City of Berlin has now established a good track record of using these funds to reclaim properties which were in effect abandoned or undevelopable; and
Now Therefore Be it resolved by the City Council of the City of Berlin as Follows:
That the City Manager is authorized to sign and submit an application to the United States Environmental Protection Agency for a Brownfields Community-wide Assessment Grant for the sum of Two Hundred Thousand Dollars ($200,000.00). Further, that the City Manager is authorized to accept said grant, if awarded, and do all things necessary to effectuate it, and the grant proceeds, if awarded, are hereby appropriated for the purpose of the grant.
This Resolution shall be in full force and effect from and after passage.
Councilor Remillard moved with a second by Councilor Otis to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Morgan-Allain to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Otis to have the resolution read a third time by title only. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Otis to pass the resolution. So moved, the motion carried and Mayor Grenier declared the resolution now passed.
NEW BUSINESS
5. Resolution 2012-33 Communications-Specific Professional Development Grant (1st read)
Councilor Remillard moved with a second from Councilor Otis to table Resolution 2012-33 and schedule a public hearing for November 19, 2012. So moved, the motion carried.
6. Resolution 2012-34 Supporting Restored Funding to the State Aid Grant Deferred Projects (1st read)
Councilor Nelson moved with a second from Councilor Theberge to table Resolution 2012-34 and schedule a public hearing for November 19, 2012. So moved, the motion carried.
7. Ratification of Cost Items for Tentative School Agreement
Councilor Remillard moved to ratify the following cost item with a total cost of $969.00: “the union agrees that the Buildings and Grounds Director may perform custodial duties to supplement the work force provided that it is not intended to replace bargaining unit custodial positions. In return, the custodial employees will receive a five cent ($.05) per hour across the board increase effective upon approval of the City Council and the School Board”; Councilor Otis seconded and the motion carried.
8. Communication from Ed Solar
Councilor Nelson moved to accept the communication and place on file; Councilor Morgan Allain seconded and the motion carried.
9. Communication from Roland Goulette
Councilor Theberge moved with a second from Councilor Nelson to accept the communication and place on file.
10. City Manager’s Report
Hurricane Sandy
Through the efforts of Department Heads and in particular the efforts of Emergency Management Director Chief Trull, the City was very well prepared for this storm. Thankfully, the storm didn’t result in significant wind or water damage or even a power outage in Berlin. However, it is better to be prepared and not have to deal with actual damage than it is to be unprepared and find yourself unable to deal with actual damage.
Chief Trull organized several emergency planning sessions prior to the storm, monitored all the state conference calls on it, and personally monitored the storm throughout Monday night. Working with Health Director Angela Martin-Giroux, the emergency shelter at the Recreation Center was readied in case of need. Now any expenses are being documented in order to be able to be in a position to apply for any state or federal aid for which we may become eligible. Attached is Chief Trull’s overall situation review regarding the storm.
Annual Report Recognition
A few months ago we published the Annual Report which is put together by Administrative Assistant Sue Tremblay. At the time I said that this one would likely win state-wide recognition for its excellence. Well that has come to pass. Berlin’s Annual Report came in second in the state-wide selection by LGC of the best Annual Reports. Remember that there are 234 municipalities in the state and they all have to do an Annual Report. My guess is that the only reason ours didn’t come in first was that Berlin through Sue’s efforts has won it so many times that they wanted to spread it around a little. Great going Sue!! I have attached the email giving notice of the awards and the ceremony which will be held at the Annual Conference Luncheon on November 15, 2012 at the Radisson Hotel in Manchester.
Paving and I&I
The paving PWD did the week before last on Hutchins Street from Napert Village to Turcotte Street ended up being more a skim coat paving job and less a grader patch effort. The job started out as grader patch, but PWD found that they were using more paving material that way than they should be so they quickly switched to a small paving machine and brought what looks to be a pretty good job home for a very reasonable amount. I have attached a further breakdown from PWD Director Perreault of all the paving including this latest work.
Eviction Hearings and Housing Demos
The City was successful in its attempt in District Court to remove tenants at two separate tax deeded properties who refused to leave on their own even though they were paying no rent. These were at the properties the City owns at 438 Hillside Avenue and 621 Burgess Street.
North Country Council Annual Meeting
The North Country Council Annual meeting was held at the Mountainview Grand in Whitefield. It was well attended and Mayor Grenier was able to present Governor John Lynch and DRED Commissioner George Bald with proclamations from the City recognizing them for their outstanding service to Berlin and the North Country.
Kiosk Dedication
Next Tuesday Morning at 9am is the dedication of the new New Hampshire Grand Information Kiosk which has been erected in front of Smith Hydro. Cathy Conway of NCIC and New Hampshire Grand and Sylvia Poulin from Main Street will be there to say a few words and would like the Mayor to say a few words as well. The City Council is invited to attend.
Riverfire
This year’s event was probably the biggest and best ever with attendance pegged at over 5000. The vendor’s all did well and Theatre North put on a great Horrorfest as always. Probably the best thing about the event is the number of volunteers from all over the community who turn out work together in many cases for several days to make a great community event happen. The weather even (mostly) cooperated this year which was truly unique.
Great Lakes Hydro Tax Case
Attached is the latest order in the GLHA tax abatement case with the City. The Board of Land andTax Appeals has ordered the parties to hold a settlement meeting and file a report with the Board no later than March 14, 2013. No BTLA hearing has been scheduled and won’t be until after this report is filed.
PWD Monthly Report
Attached.
Manager’s Timekeeping
Attached
Mayor Grenier credited public works for the paving work on Hutchins Street; Councilor Rozek agreed that they did a good job with very little money. .
Councilor Rozek moved with a second by Councilor Nelson to approve the Manager’s Report. So moved, the motion carried.
11. Mayor’s Report
Mayor Grenier read a thank you note from George Bald who is now officially retired. Phil Bryce is the acting DRED Commissioner.
The NH Legends of Hockey honored Berlin High School at the Verizon Center in Manchester. Bob Vachon donated $1,000 so that BHS students could attend. Mayor Grenier commented that it was a proud moment to be representing Berlin.
Councilor Rozek moved to accept the Mayor’s report and place on file; Councilor Theberge seconded and the motion carried.
12. Public Comments
There were no comments.
13. Council Comments
Councilor Nelson thanked Pat MacQueen for his hard work on Riverfire.
Councilor Remillard stated that Riverfire is an unbelievable coming together of people in the community and she is proud to have been a part of it.
Councilor Otis said that Berlin won the first football playoff game played at Gaydo Field and the team is off to the championship game. He hopes to see more football in Berlin’s future.
14. Adjournment
Councilor Rozek moved to adjourn; Councilor Nelson seconded and the motion carried. The meeting ended at 8:25 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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