Laidlaw Energy Group, Inc.(fka LLEG)

[gemmerling]

City Council Minutes 06/16/2008

Provisions of the Zoning Ordinance that Apply to Special Exceptions
Ms. Laflamme introduced changes being proposed to the ordinance. Councilor Evans affirmed that the City’s ordinance will not supersede the State statute. Ms Laflamme reported that the State has created a one stop site evaluation committee for energy projects where the developer gets to interface with one person and the application goes to all the proper departments. There is a public hearing in the community where the project is happening. She was not certain what weight the site evaluation committee will put on the results of this ordinance. Mayor Bertrand clarified that the State only becomes involved in a project larger than 30 megawatts. This ordinance will generally apply to the smaller projects. The State could disregard the ordinance if they so chose.

PUBLIC HEARING
Mayor Bertrand opened the duly scheduled public hearing at 7:30 p.m. and called for public comments on:
Ordinance to Amend the Provisions of the Zoning Ordinance that Apply to Special Exceptions Sought for any Bulk Power Supply Facility, Energy Facility or Renewable Energy Facility


Jack Crisp, with the firm of Crisp and Barret representing, North American Dismantling Corp (NADC) commented that his client understands why the City Council sees this as an important issue and respects the decisions the Council makes. It is hard for NADC not to feel that the ordinance is targeted to them and this is not an appropriate way to make public policy. There is adequate protection for the interests of all concerned already in the law. When one reads the language it is hard not to conclude that this is not much more than an attempt for road blocks to the announced plans for the southerly property.


Joe Vigue, 67 Wood Street commented that he was taken by surprise when this zoning amendment was introduced. He stated that this is a clear attempt to stop Laidlaw in its tracks and the City is on thin legal ice. The last thing the City needs is an expensive law suit. He felt the very vocal minority is swaying the Council and that there should be a referendum on the ballot where a different perspective would be seen. He did not envy the Council’s position but noted that it would be made easier with Laidlaw paying 5% of the taxes in the City. He implored the Council not to pass the zoning amendment and to have an open mind. He presented the Council with a petition with 500 names of people who agree with him.


Gerry Lacasse, 554 Sullivan Street voiced that the State has regulations on biomass and why cant’ we just stay with their regulations?


In response, Mayor Bertrand stated that a biomass plant of more than 30 megawatts would be regulated by the State; however one of less capacity would be local. The ordinance will be for any energy project that may come before the city and if the project is less than 30 megawatts, the State does not become involved.


Lorraine Leclerc, 556 Western Avenue questioned whether the Council is in favor of changing the ordinance.


Mayor Bertrand established that the ordinance was drafted under the Council’s direction and has been read for the first time. The process is that this hearing will allow the Council to hear public comments; the ordinance will be removed from the table and will be acted upon in some manner this evening.


Paul Grenier, 492 Champlain Street encouraged the Council to do research before voting on this ordinance. He added that he felt it is directed at NADC. He said this is spot zoning; and if the process takes hold, the City will be in a law suit that it cannot afford do defend. There are regulations in the books to do this process.


John Paine 24 Wood Street stated that this election brought forward thinking people and proposed opportunity to the Council. He added that Berlin’s future could be in energy with the Community College offering course study and internships in energy. This is an opportunity to turn Berlin into an energy tourism center in the State. People could come here and tour windmills, biomass and hydros. NADC has not asked for one thing. He asked that before voting on this ordinance, the Council review its opportunity to move forward.


Scott Coulombe, 290 Howard St. commented that it is interesting that at the same meeting, the Council is proposing school budget cuts and also coming up with a special exception to stop a high tax payer. The city’s logo has a stack and every person in this room knew there were smoke stacks in the air when they chose to live here. The Council should realize that it may not be as unanimous in the community as originally thought. He encouraged the City Council to look at the petition carefully because people are in favor of biomass. Laidlaw is a real deal and a lot of money has been spent and the company has done due diligence to make it happen. He asked that the Council not vote on the special exception; there are other processes in place to protect the city. He added that northern New Hampshire could become the State’s green energy area and this is a great opportunity for the city.


Jon Edwards, 323 School Street stated that this is not an appropriate time for a major zoning change to occur especially since it is geared to a plant of 30 megawatts or less. Berlin happens to have one company that is ready to open a plant less than 30 megawatts and they are further up on the queue.

http://www.berlinnh.gov/Pages/BerlinNH_CouncilMinutes/I0200AEBE

Take care,
Greg