Work Session
October 16, 2006
Present: Mayor Danderson, Councilors Roy, Lafleur, Chagnon, Danderson, Donovan, Grenier, Nelson, and Poulin. Paul & Fran Cusson, Andre Caron, Pam Laflamme, Blandine Shallow, media and public were present.
Mason Street Deck Bids
No bids so the project will be re-bid and done in the spring. Councilor Grenier asked what to do to protect the concrete. Mr. MacQueen said the Public Works Director has been researching the possibilities.
School Department Budget
Mr. MacQueen reported that he has been meeting with school administrators to better coordinate budget schedules in an effort to avoid the City's budget going to the Council without the numbers from the schools. The school department faces the problem of a State law that forces the schools to notify teachers by April 15 if they are not to have a job in the next school year. Some districts will notify all teachers regardless, so that they have the flexibility of cutting staff if necessary. The schools' time frame and the City's time frame do not match up well. There are two possible approaches: pink slip all or some of the teachers; or put together a budget earlier. Mr. MacQueen suggested inviting the school board to a meeting to discuss the time frames so the challenges are clearly understood by all. Councilor
Chagnon acknowledged the school board's problem; however the teachers lobbied to get the law passed that would notify them by April 15 so they have to abide by the law. The only way to eliminate the problems is to change the law. Councilor Nelson questioned what would happen if we do not adhere and Mr. MacQueen explained that it is state law and the teachers cannot be laid off.
Councilor Grenier added that there are charter time frames that the council has to adhere to as well. The Council typically uses unspent money and excess revenue to lower the tax rate. If we shorten the time frame of the budget process, the council will have to be much more fiscally conservative.
Council members want to invite the school board to the 10/23/06 work session to review schedules and time frames. Councilor Grenier suggested the school board read the charter to get a feel for the process. Mr. MacQueen mentioned a previous court case regarding an issue over capital projects. In an agreement, the City said it would try to give the school an early indication of their budget.
Other - Fraser Property:
Mr. MacQueen’s memo asked if the elected body wanted to make an effort to see what the mill property could be used for. There are funds for a comprehensive study that could be attained fairly easily for such a process. There was discussion about what portions of the mill will remain. Mr. MacQueen clarified he was told the most valuable assets of the mill will remain until the end to see if there is interest from other parties. The process is expected to take about a year. Councilor Grenier expressed his concern about redeveloping a site that is not a cleared piece land. Mr. MacQueen relayed that he does not know the answer to the question; however North American Dismantling could be invited to a meeting to see if they will provide any answers. Councilor Donovan voiced his opinion that a process
should be put together so that a comprehensive study gives us an idea of what can be done with the site. The new owners are willing to work with the city and the real decisions are in their hands. This is a turning point in the City's history and we are being given a rare opportunity to re-identify ourselves. We have to take advantage of that opportunity.
Mayor Danderson noted that at the meeting with North American Dismantling they talked about the beauty of the valley and looking at commercial aspects for the property but there seemed to be no call for industrial properties.
Councilor Donovan moved to allow the city planner to move forward in conjunction with the Planning Board and involving the City Council in the process of completing a comprehensive study. Councilor Poulin seconded and the motion carried unanimously by roll call.
Councilor Lafleur moved to add a letter from Rachel Beaudoin to "Other" on the agenda; Councilor Nelson seconded and the motion carried.
Non-Public Session/Non Meeting
Councilor Grenier moved to go into non-public session per 91-A:3 II (d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community; (e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the body or agency or any subdivision thereof, or against any member thereof because of his or her membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled. Any application filed for tax abatement, pursuant to law, with any body or board shall not constitute a threatened or filed litigation against any body, board, or agency for the purposes of this subparagraph and non-meeting per
RSA 91-A:2 (b) Strategy or negotiations with respect to collective bargaining; Councilor Roy seconded and the motion carried unanimously by roll call. Pamela Laflamme and Andre Caron were present for the land matters
An offer to purchase land, within the Route 110 project, from the city was considered and it was decided not to sell but to negotiate options for use of the land. A possible re-use of a city owned building was discussed. No decisions were made.
Councilor Chagnon moved to come out of non-public session; Councilor Donovan seconded and the motion carried unanimously by roll call.
Councilor Roy questioned the City's obligation to provide employees with a retirement plan. It was noted that State Law requires all full time employees to be in the NH State Retirement Plan.
Councilor Poulin asked if the sign for Veterans Park could be made of granite. Mr. MacQueen noted that he would ask Laura Viger to review.
There being no further business, Councilor Chagnon moved to adjourn; Councilor Poulin seconded and the motion carried.
The meeting ended at 8:40 p.m.
Respectfully submitted,
Susan Tremblay
Administrative Assistant
PUBLIC HEARING - October 16, 2006
Resolution: CDBG Feasibility Study for 411 School Street. Mayor Danderson opened the public hearing at 7:34 p.m. to accept public comments on the subject matter. There being no one willing to speak for or against the subject, Mayor Danderson closed the public hearing at approximately 7:35 p.m.
REGULAR CITY COUNCIL MEETING - MONDAY, OCTOBER 16, 2006
Mayor Danderson opened the regular City Council Meeting at approximately 7:35 pm. The pledge of allegiance to the flag preceded roll call. Present at roll call: Councilors Nelson, Donovan, Danderson, Lafleur, Poulin, Chagnon, Roy and Grenier. Also present were: City Manager MacQueen, Andre Caron, Pam Laflamme, Paul & Fran Cusson and the press.
Minutes, Previous Meetings
Councilor Roy moved with a second by Councilor Chagnon to accept the minutes of the 10/02/06 WS; 10/02/06 Regular Meeting. So moved, the motion carried.
Disbursement: It was recommended by the Committee on Accounts/Claims that all bills start date 10/03/2006; end date 10/16/2006 be paid for a total cash disbursement of: $1,307,597.10 Draft #1527. Councilor Lafleur 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:
Paul Cusson, 155 Summer Street, commended City Officials and Pam Laflamme for their work on the Federal Prison. This will change the economic structure of Berlin. On another matter, the mill property is privately owned/developed by private funding. The City won’t interfere but will facilitate the process.
1. Council Committee Reports. None
2. Resolution authorizing application to the Community Development Block Grant Program for a Twelve Thousand Dollar ($12,000) grant to study the possible future use of 411 School Street and associated costs with a project titled,”The 411 School Street Revitalization Project”(tabled 10/02/06)
Resolved by the City Council of the City of Berlin as follows:
- Whereas, the City of Berlin owns the building known as 411 School Street which is currently unoccupied and in need of revitalization; and
- Whereas, the City is searching for the best use of the building by completing a market analysis and construction cost estimates; and
- Whereas, the City is eligible for CDBG funds based on data from Census 2000 documenting that 54% of Berlin residents are of low to moderate income levels; and
- Whereas, all grant proceeds shall be deposited with the City Treasurer and any additional use of the funds beyond the scope of work as listed in the application shall require prior approval of the City Council. 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 a Community Development Block Grant application for Twelve Thousand Dollars ($12,000) to study the possible future use of 411 School Street and associated costs with a project titled, “The 411 School Street Revitalization Project” and that the City Manager is authorized to sign all documents and do all things necessary to effectuate the grant. That the City Manager is further authorized to receive said grant and the grant proceeds are hereby appropriated in addition to all other funds, for the purpose of the grant. This resolution shall be in full force and effect from and after passage.
- Councilor Lafleur moved with a second by Councilor Donovan to remove the resolution from the table at this time. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Donovan to have the resolution read a second time by title only. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Donovan to have the resolution read third time by title only. So moved, the motion carried.
- Councilor Lafleur moved with a second by Councilor Donovan to pass the resolution. Roll call resulted in unanimous affirmative votes of Council including Mayor Danderson who declared the resolution passed.
3. Mayor’s Report:
a) The Mayor recognized a plaque given to the City by the Seacoast Shipyard Association thanking the City for their support.
b) A recent letter to the editor was full of misinformation about the Police Department regarding underage drinking. Our Police Department is proactive with a future vision for Berlin and the Mayor supports them.
c) The Mayor emphasized that contrary to a rumor, he is not a ramrod for a PSNH generating facility on the mill property, PSNH is on their own property. He cautioned people not to scare developers away.
d) The Mayor and City Manager have been working hard on the RiverFire and ducks are still for sale.
- Councilor Donovan moved with a second by Councilor Nelson to accept the Mayor’s oral report and place it on file. So moved, the motion carried.
4. Resolution appropriating Five Thousand Dollars ($5,000) to the Police Department’s budget appropriation for fiscal year 2006-07 from additional grant revenues from the NH Highway Safety Agency (1st read)
- Councilor Roy moved with a second by Councilor Chagnon to table the resolution and schedule a public hearing on November 6, 2006. So moved, the motion carried.
5. Resolution authorizing an application to the FAA’s Airport Improvement Program in the amount of $25,000 to repair a frost heave at the south end of the runway at the Berlin Municipal Airport and appropriating such funds to the airport. (1st read)
- Councilor Nelson moved with a second by Councilor Poulin to table the resolution and schedule a public hearing on November 6, 2006. So moved, the motion carried.
6. Other. Rachel Beaudoin Handicap Parking Space Request Letter
Rachel Beaudoin, 305 Willard Street, has Multiple Sclerosis and must use a walker. She requests a handicap parking space in front of her home since it is a school zone and many vehicles park there. Ms. Beaudoin also asked to have the sidewalk in front of her home be repaired.
- Councilor Lafleur moved with a second by Councilor Danderson to accept the letter and refer the letter to the Safety Committee for further review. So moved, the motion carried.
7. City Manager's Report
- Fraser Mill Sold. North American Dismantling Corporation, from Lapeer, MI bought the mill and will demolish all the facilities on the property within the next year.
- Phase II, RTE 110. Vann McLeod, NH Commissioner of Cultural & Historic Resources, NHDOT Commissioner Carol Murray, Pam Kochner from Senator Sununu’s Office and Bill Williams from Congressman Bass’s Office attended the meeting to decide which alternate route to select.
- Public Service. Paul Cusson provided the Library with an overall heating assessment which saved the Library money. Mr. Cusson will also assess the Public Works and School Bus Garages. Thanks Paul.
- CIP Review. Yearly update being conducted and be brought to Council for their review/consideration.
- BIDPA Meeting. Conducted at the new ISI facility at the Industrial Park.
- Update on 155-B’s. Summary provided by the attorneys. Attached.
- Berlin-Gorham Road Paving. Budgeted estimate from Pike of $105,000 from the Berlin/Gorham line up to just above the Cleveland Street Bridge intersection at 200 Glen Avenue. When the lines are painted on the Berlin/Gorham Road, the subcontractor will do Coos St.RR Crossing and new Glen Avenue pavement. - Mason Street Bridge Deck Bids. No bids, the project will go back out for bids later on.
- Hillside Avenue RR Crossing. The St. Lawrence/Atlantic Railway feel it is the State’s responsibility because of the Green Street project.
- Emergency Preparedness. Meeting hosted in Berlin 10/10/06 with Laura Viger, HHS Commissioner John Stephens and regional representatives.
- Demolition Bids. Due October 20 to demolish 486 Western Avenue, 339 Portland Street and a Watson Street garage.
- RiverFire. Laura Viger heads the committee which meets every Tuesday. Scheduled for 11/28/06.
The Mayor gave kudos to the Kiwanis Club that has been cleaning up Route 110.
- Councilor Grenier inquired how the paving will be done on Rt 16. He recommends that when PWD takes care of the Willard Street sidewalk they should grind the street from Toussaint Bakery to the school. - Councilor Lafleur moved with a second by Councilor Nelson to accept the City Manager's Report. So moved, the motion carried.
8. Public Comments - None
9. Council Comments
- Councilor Grenier moved with a second by Councilor Nelson to send flowers to injured Manchester Policeman Michael Briggs as a tribute of support from Berlin. The fee for it will be taken from the contingent account. So moved, the motion carried.
- Councilor Roy said the East Milan road is very rough and in need of repair.
- Councilor Grenier suggests waiting until the Federal Prison comes and to get them to do the repairs.
- City Planner Pam Laflamme said they are waiting to see where the prison will be located but it is a planned project.
- Councilor Lafleur is glad to see the BHS Civics class at the meeting. Councilor Lafleur gave kudos to Laura Viger who took time from vacation to be on site when the telephone pole fell on Main Street.
- Councilor Donovan asked the City Manager if a cost plan has been done regarding paving all city streets. The City Manager replied such a plan has not been done.
10. Adjournment
- There being no further business to come before the Mayor & Council, Councilor Chagnon moved with a second by Councilor Poulin to adjourn. So moved, the meeting ended at approximately 8:12 p.m.
A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
City Clerk
Work Session
October 23 2006
Present were Mayor Danderson, Councilors Poulin, Grenier, Chagnon, Lafleur, Nelson, and Roy; Councilors Donovan and Danderson were absent. Nicole Plourde, Nathan Morin, John Moulis, Marion Huntley, Blandine Shallow, media and public were also present.
School Board/Council Budget Discussion
Mr. MacQueen reported that the matter of timing grew out of discussions with school officials. Getting budget schedules to mesh is difficult and the schools have a significant issue with having to send notices to teachers who potentially will not have a contract in the next year by April 15. There are two possible solutions, with one being that the Council adopts a budget by April 15 which has its problems such as a more conservative budget. The second possibility is that the school board sends pink slips to some or all of its teachers as a matter of policy.
Councilor Grenier commented that he has concerns about giving the board an early number. The Council does not get final numbers on expenditure surplus, revenue surplus, or County tax until the week before the budget is adopted. The Manager's budget is presented with just over half of the fiscal year gone by. The most accurate and up to date numbers are not yet available. If the Council has to give an operational number by April 15, it will have to be conservative and will end up having the effect that neither the school board nor the council wants to see. Pink slips will have to be issued on the basis of getting a conservative number.
Mayor Danderson noted that there may be revenue shortfalls with the mill valuation being in question. Building up the mill property will not happen overnight. John Moulis stated that the school department is the only department with people under contract who need to have the April 15 notice. Once a teacher has their pink slip, the person is a free agent and can apply to work at other schools. Ms. Plourde made the point that the morale of the people is brought down when pink slips are issued.
Mayor Danderson said that Berlin is at a crossroad where we are losing large industrial taxpayers and we don’t have developers ready to come in yet. We are going to have to watch everything we spend. The intention is not to lay anyone off but we don’t want to make promises we can’t keep.
Council Nelson stated that the teacher's contract language gives the April 15 deadline; however State law allows until May. Marion Huntley acknowledged that State law is somewhat more flexible but a May deadline would not give the time necessary. Councilor Chagnon voiced that the source of the problem is the RSA and the contract. Nathan Morin reasoned that it is important keep the dialog open.
Elementary School Discussion
John Moulis brought forward a request from the School Board to put together a building committee for the purpose of studying the possibility of a new elementary school. There are currently three buildings that make up the elementary level, Bartlett, Marston and Brown. There are several teachers that travel among the buildings to teach. Ms. Plourde reasoned that looking ahead to the future, with a federal prison and an influx of additional students, the schools will be in a bind if we don’t move ahead. Councilor Grenier stated that he is in favor of the process however he is not convinced that we need a new school. We need to make the decisions based on facts. There is a need for a system wide study of the assets we have and if those assets do not meet the needs of the future, then something will
have to be done.
Ms. Plourde suggested that a committee begin by looking at the studies that were already done. Ms. Huntley stated that forming a committee and going through the process would show that there is an interest in the community.
Mayor Danderson reported that Tony Urban has had some ideas on the re-use of buildings. Mr. Moulis explained that the legislative body has to establish its members for the committee. Councilor Grenier suggested the committee have a budget to operate of about $8,000 to $10,000. Mayor Danderson would like to discuss again at the next meeting.
Quarterly Budget Review.
Mr. MacQueen reported that fuel was locked in at $2.39 per gallon. Departments' use of fuel was reviewed. It was noted that Paul Cusson is willing to review possible energy efficiency with Public Works garage and the school bus garage.
Ms. Shallow indicated that there are line items that show seemingly high expenses; however this is often because of the way we pay for services. Mayor Danderson inquired about taxes and whether there was a high number of delinquencies. Ms. Shallow reported that tax money is coming in.
Additional Info from G. Sansoucy
Mr. MacQueen distributed a letter from George Sansoucy that quoted the price of valuation services for Berlin's hydro plants at $33,000; court ready would add $30,000 to the documentation of the appraisals. Litigation costs would be between $150,000 and $200,000. Mr. MacQueen offered to invite Mr. Sansoucy to meet with the BOA and Council so that all are clear on the process. Councilor Grenier so moved; Councilor Lafleur seconded and the motion carried.
Councilor Lafleur moved to enter into non-public session per 91-A:3 Nonpublic Sessions (d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community; Councilor Nelson seconded and the motion carried.
Proposal for a piece of land
ISSI proposed to purchase a piece of land they have been leasing. Councilor Chagnon moved to make a counter offer of $8,000 and they assume all fees of subdivision; Councilor Grernier seconded and the motion carried. If the offer is accepted, a resolution will be presented to the Council.
Councilor Lafleur moved to come out of non-public session; Councilor Nelson seconded and the motion carried.
Councilor Chagnon moved to adjourn; Councilor Poulin seconded and the motion carried.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
Work Session
October 30, 2006
Present at the meeting were: Mayor Danderson, Councilors Nelson, Poulin, Roy, Grenier, and Chagnon; Councilors Lafleur, Donovan and Danderson were absent. Patrick MacQueen, Marion Huntley, John Moulis. Ralph Collins, Chief Trull, Cathy Conway, Ernie Allain, Andre Caron, media and public were also present.
Sewer Ordinance
The City Manager presented a marked version of the proposed changes to the sewer ordinance. They included the Council's suggested changes from a previous meeting.
The section regarding private wells was clarified. The intent is that the homeowner would pay the Water Works for a meter that would meter the water so that an accurate consumption could be determined and reported to the City for sewer charges. The homeowner would have to have a permit from the public works department to dig the well. There would be no cost for this permit; however the homeowner would have to bear the cost of the installation of the water meter.
The city will often make improvements to the drainage system and it was suggested that a section be added to this ordinance to clarify who pays. It was proposed that, like the sewer laterals, the cost of drainage laterals would be the responsibility of the homeowner in all homes built prior to 1991.
Councilor Grenier brought up the problem with flat roofs and how most of them drain into the sewer system. If this portion of the ordinance is enacted, the City may have to pay for tying in all roof drains into the drainage system because they existed before 1991. Mr. MacQueen suggested that proposed changes to the drainage system be kept separate from this ordinance.
Councilor Roy suggested giving a tax credit for people to have a pitched roof put onto their flat roofs. The sewer ordinance will be brought to the next meeting for first reading.
155-B Orders
Chief Trull reported that he, with the collaborative effort of the Health Department and the Housing Officer, has been successful in removing 8 properties in four years with the 155-B process.
132-133 Roderick Street where the owner complied and removed the building; 818 Fourth Ave was demolished before a court proceeding occurred. 480 Champlain Street had the owner comply; at 94 Granite Street, the city complied. 339 Portland St was demolished today; 703 First Avenue had the owner comply. Two buildings from the Rite Aid Block were demolished by the owner as well.
There are other buildings that are in process such as 421 Burgess and 122 Pleasant Street. Chief Trull noted that enforcement is moving as fast as the law will allow.
Much of the 155B process has become more streamlined and improvements to the process have been made through mistakes made at first. The 155-B order is now filed at the Registry of Deeds thereby preventing the owner from selling the property to get out of the order. The orders and their time limits now follow the property even if there is a new owner.
Councilor Grenier asked about properties that are multi family and substandard housing. How does the City handle such a situation? Mr. MacQueen noted that the City is in the process of inspecting every multi family unit. If the landlords don=t comply, they will get citations and will end up in court.
He went on to say that the City does not require the multi family dwellings to have a second means of egress or a sprinkler system. The Council may want to consider an ordinance that would require one or the other. It is just a matter of time before a serious fire causes loss of life.
Chief Trull added that current law allows an escape window and one means of egress. The cost to add a sprinkler system or a second means of egress is almost the same. Councilor Grenier recommended giving the building division the time to enforce the ordinances we have instead of creating another one at this time. Mayor Danderson voiced that such an ordinance would require landlords to invest in their property. Mr. MacQueen acknowledged that the Council has to find the balance with a reasonable amount of safety requirements.
Chief Trull commented that there are several vacant properties in Berlin. There is a program where a vacant property could be tagged so that if it were on fire, the fire department would not risk going inside to fight the fire. This would lower the risk to the firefighters who would concentrate their efforts on the surrounding properties. Councilor Grenier voiced that he would support such a program.
Croteau
Mr. MacQueen explained that a settlement agreement is being worked on between Leveille, Croteau and the city where there would be a bond to clean up the Rocket Snowmobile property on Route 110.
School Building Discussion
John Moulis explained that last week the school board asked for the Council's consideration for a building committee. Elementary school buildings are inefficient with approximately 350 students spread amongst three buildings. The newest addition was at Brown School in the 1950's. It is likely that a joint committee will work together over a long period of time.
Councilors Lafleur, Grenier, and Roy as well as Tony Urban will represent the Council; the school board will consider their representatives at their next meeting. Councilor Grenier expressed that he is not convinced that a new school is needed. Tuesday or Thursday nights were suggested as meeting days. Councilor Chagnon asked if there is a termination date. Mr. MacQueen clarified that the law says you cannot build a school without a building committee; however there is nothing to prevent the Council from forming an adhoc committee to see if building a new school is feasible. Councilor Grenier added that the committee will be asked to review school properties for their maximum potential, evaluate what operational savings would be achieved, what to do with the old buildings, and bonds to name a few.
Mr. Moulis made the point that three members of the School Board are a majority so they will be looking to put two board members on the committee and naming other interested citizens. The committee will be confirmed at the next regular Council meeting.
Non Public Session
Councilor Grenier moved to go into non-public session per RSA 91-A:3 Nonpublic Sessions (d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community; and RSA 91-A:2 (b) Strategy or negotiations with respect to collective bargaining; (c) Consultation with legal counsel; Councilor Nelson seconded and the motion carried unanimously by roll call.
Councilor Grenier moved to seal the minutes of the non-public session as releasing them may render the proposed action ineffective; Councilor Nelson seconded and the motion carried unanimously by roll call.
Councilor Grenier moved to come out of non-public session; Councilor Chagnon seconded and the motion carried unanimously by roll call.
Councilor Grenier moved to adjourn; Councilor Chagnon seconded and the motion carried. The meeting ended at 8:35 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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