January 28, 2008
Work Session
Present at the meeting were Mayor Bertrand, Councilors McCue, Lafleur, Remillard, Boucher, Evans, Goudreau, Donovan and Poulin. Staff members included Blandine Shallow, Andre Caron, Patrick MacQueen, Peter Morency; Paul Croteau, Tim Cayer, media and public were also present.
Mayor Bertrand opened the meeting at 6:30 p.m.
Letter of Support/HB 1573
Mr. MacQueen explained that the bill includes some things that the city has been trying to get into State law for two years. The first part of the bill would allow the city to lien property for the cost of cleaning a burnt out or dangerous property. The cost of clean-up is about $30,000 but the value of the land ends up being $5,000 so the City loses $25,000. The proposed legislation would allow the City to lien not only the property being cleaned but all the property in NH held by the owner.
It is often the case that a fire results in the landowner getting insurance proceeds and the owner walks away rather than cleaning a burnt property. When the City takes on these properties, we lose money. The bill would also allow for a lien to be put on the insurance proceeds to assure that the property is cleaned up. There is a hearing in Concord on this bill Thursday, January 31 and there is a group from the City going to testify. The request is that a letter of support from the Council be sent to the Municipal and County Government Committee.
Andre Caron voiced that the City tried two years ago with this bill and failed. The major opposition was the realtors and they are against this bill as well. This new bill has safeguards in place to protect the owner and would require a hearing before a judge prior to taking insurance proceeds.
Councilor Evans expressed concern that the timing for the lien process gives the owner enough time to do the right thing. Mr. Caron explained that someone who has been through a fire is likely emotionally and financially stressed. There is a process that the Fire Chief goes through that begins with a request for a plan. There are several notices and everyone with any financial interest in the property has to be notified.
Councilor Goudreau voiced his concern that the bill does not include a provision for non-cooperative landlords. The bill should perhaps contain language to force insurance companies to provide information. Mr. Caron cautioned that too many changes could have a negative effect. He added that the same information could be obtained through a warrant in the case of non-cooperation.
Councilor Donovan moved to send the letter of support for the Bill and to change the signatory to the Mayor; Councilor Poulin seconded and the motion carried unanimously.
Indigent Landlords
Mayor Bertrand made the Council aware that there was a group of approximately fifteen tenants in the audience who may want to speak to this issue. He asked if the Council would agree to hear a spokesperson for the group for a few minutes. Council members asked for some background on the subject matter.
Councilor Donovan noted that there is an ordinance being developed by the Police Department to address nuisance landlords and their tenants. This City has found it necessary to address code enforcement because of landlords that don’t want to care for their property. These landlords are accepting HUD payments for their tenants. He went on to say that the ordinance needs to come to the table and needs to be passed. There are tenants who are being abused by their landlords and HUD continues to pay their rents. The landlords know the system and they don’t care that there is no heat in the buildings or that the places get dilapidated. Councilor Donovan voiced that Taylor Caswell is the State Director for HUD and he wants a letter to go out asking him to meet with the council so that HUD can
stop payments to these landlords. The complaints of the people are not being heard. Mayor Bertrand asked who drafted the ordinance and where it stands. Mr. MacQueen stated that Chief Morency, Andre Caron and Chief Trull met with regard to the ordinance and it now needs to be coordinated with the existing code.
Councilor Donovan remarked that as an administrator of HUD funds we have a responsibility to the tenants. He felt the need to pull HUD to the table as well as our own Welfare Director.
Councilor Boucher noted that the people who came here should be applauded and she encouraged the Council to take fifteen minutes to hear their concerns. Councilor Boucher so moved, Councilor Evans seconded and the motion carried.
Autumn Allstary, a tenant at 12 Cambridge St. stated that her front door has 2 inch gaps; there are times of no heat or hot water. She has a three year old and living in the cold is making him sick. The porches on the building are rotting. She went on to say that she should not have to live in fear of falling through the porches. It has been 38 degrees in the apartment and she has used the dryer and stove for heat sources. Councilor Boucher asked what she has done to remedy the situation. She has made calls to HUD and to the landlord and sent certified letters to the landlord with pictures of problems. Councilor Remillard confirmed that HUD is supportive and will release her from the lease.
A tenant of a Main Street building described a cold apartment and stated that his kitten froze in the apartment. He called the landlord who put diesel into the tank by hand with a five gallon dispenser. The tenants took the landlord to court and they did not prevail. Ms. Allstray stated that the landlord is asking them to choose between heat at night or during the day. The landlord won when they went to court.
Mayor Bertrand made the point that there are other tenants here tonight with the same issues. He asked that the draft ordinance be brought to the Council at the next meeting and that HUD is contacted to meet with the Council. Councilor Remillard encouraged the Council to invite Mary Jo Landry to speak on the Housing Authority’s behalf. They are strict on the landlords and assist the tenants to find better housing.
Request from NHMA to Participate in Potential Mandate Litigation
Mayor Bertrand commented that he was one of 9 of the 13 mayors in the State who attended a Mayor’s meeting in Concord. The LGC is trying to put together litigation against the state with regard to the State Retirement System. Mr. MacQueen explained that the State Retirement System is very under funded. After 30 years of lobbying, municipalities finally have a representative on the Retirement System Board. The gap could cause employer costs to go up by 45% resulting in an increase of $363,000 for Berlin.
Can these costs be fought off in court? The LGC sees the increase as an unfunded mandate which is unconstitutional. Our portion of the bill to participate in the litigation would be $4,036. Councilor McCue asked if other communities were going to support participation and Mayor Bertrand noted that it was unanimous among the mayors in attendance. Councilor McCue noted that there will be a regional dinner with this as the subject matter on February 12. Mayor Bertrand agreed that the dinner would be a good opportunity to get information. Mr. MacQueen noted that the Legislative Dinners are in response to a request made by the former Council to get additional information on the retirement issue. He added that if the majority of communities do not participate in the litigation, it would
likely throw off the numbers and the costs would go up. Councilor McCue was concerned that the cost of such litigation could potentially be more and this has the potential of being a large, long litigation.
Final Review of Letters Requesting PILT from Non-Profits
Mr. MacQueen updated the Council with regard to the list of non-profits that would receive a letter from the City asking for a PILT contribution. He urged that Council not to send one to Northern Lights since they pay more than any other non-profit. He said that he would want to add the federal government as the owner of National Forest land in Berlin.
Councilor Poulin asked what stops us from being more demanding. Mr. MacQueen noted that the City has no authority to tax these properties. Councilor Poulin asked if the City can charge for services such as fire protection. Mr. MacQueen clarified that these services are paid for with taxes and we cannot tax the tax exempt. There is a proposal to come before the Council that would charge private businesses for being on the City’s fire alarm system. It was the consensus of the Council not to send to Northern Lights; the County would also be spared receiving a letter. Otherwise, the letter should go to every exempt property owner.
Councilor Remillard suggested that since the list is smaller, it should be personalized with the assessments value of each property and the calculation of cost. Councilor Donovan was of the opinion that non-profits know what their properties are worth and it would save staff time if the letters did not have the detail.
Councilor Poulin stated that he is not buying the sugary flavor of the letter. He suggested making it stronger by adding an invoice delineating the amount due. Mayor Bertrand said that he does not want to belabor the process.
Councilor McCue cautioned against an invoice because it could trigger strong opposition. Mr. MacQueen reasoned that we could put the assessment amount and the formula with a total in the letter without including an invoice. The consensus of the Council was to send each letter with the exact figures and not send an invoice. Mayor Bertrand noted that the next agenda will have five minutes on this topic to finalize.
Council Committees/Appointments
Council Committees were filled in the following manner:
1. BERLIN AIRPORT AUTHORITY
Mayor David Bertrand, Chair
Ward 1: Councilor Donovan
Ward 2: Councilor Lafleur
Ward 3: Councilor Goudreau
Ward 4: Councilor Boucher
2. COMMITTEE ON ACCOUNTS & CLAIMS
Mayor David Bertrand, Chair
Ward 1: Councilor Remillard
Ward 2: Councilor McCue
Ward 3: Councilor Goudreau
Ward 4: Councilor Poulin
3. COMMITTEE ON SAFETY & TRANSPORTATION
Ward 1: Councilor Donovan
Ward 2: Councilor Lafleur
Ward 3: Councilor Evans
Ward 4: Councilor Boucher
4. COMMITTEE ON ELECTIONS
Ward 1: Councilor Remillard
Ward 2: Councilor McCue
Ward 3: Councilor Evans
Ward 4: Councilor Boucher
5. COMMITTEE ON EMERGENCY ACTION (one appointment)
Councilor Lafleur
6. BUDGET COMMITTEE
Entire Council
7. HIRING FREEZE COMMITTEE
Entire Council with power to act.
8. SEWER APPEALS COMMITTEE
Entire Council with power to act.
9. Planning Board Member
Councilor McCue
10. BIDPA Member
Councilor Evans
Mayor Bertrand noted that he is available Thursday, Feb 7 for an Airport Authority meeting in Berlin.
Councilor Donovan determined that Council members need to have access to city offices to include the access codes to the security doors.
With regard to the Budget Committee, it was decided that the entire Council would prepare the budget.
There is some question about the legality of the Hiring Freeze Committee and it will need to be addressed in an upcoming work session. For tonight, the Mayor proposed to leave the committee as is with the caveat that the issue will be addressed at a nearby work session 2/11. Councilor Donovan so moved; Councilor Evans seconded and the motion carried.
It was clarified that the ex-officio from the Council to the Planning Board is a voting member and BIDPA’s ex-officio is a non-voting member. Mayor Bertrand confirmed that he will sit on the Water Works; he declared that his future son in law works at BWW and he will abstain when it is not appropriate for him to vote.
Communication from MRI - Don Jutton
Mayor Bertrand reported his interpretation that the MRI contract signed in February of 2003 with a 60 month time frame was coming to an end in February of 2008. According to a letter sent to the Mayor by Don Jutton, there has been a gentleman’s agreement between the parties with a 60 day termination notice. Mr. MacQueen noted that there is nothing that is intended to bind the city to anything it does not want to be bound to.
The Mayor went on to say that he was concerned about the termination of the contract with a 60 day notice. Councilor McCue asked when the 3% increases come in and how the year runs. With that clarification, he would be comfortable with an at will agreement. Councilor Donovan stated that the contract with MRI is a service that is a line item in the budget. If it is funded, then MRI would continue or if the Council chooses to initiate its 60 day clause, the position would be open at a critical time. Mayor Bertrand clarified that the city is only committed to sixty days of management services even though the amount is budgeted for an entire year.
Councilor McCue commented that the Council could approach the contract by taking advantage of the 60 day provision to terminate that contract and go into negotiating a new contract. Councilor Goudreau recommended status quo to get through the budget and then look into the future. Councilor Donovan noted that renegotiating can get more expensive and things can change drastically.
Councilor McCue questioned whether there is anything on record. Mr. MacQueen indicated that if the Council would want someone other than himself here, MRI would provide that. He has viewed this to be an at will contract.
Request for Letter of Support for Railroad Infrastructure Improvements
Mr. MacQueen reported that the City Council has sent its support for the railroad in the past. If the Council supports again, we would re-write the sample letters to make it clear that the Mayor and City Council are supporting. Councilor Lafleur noted that he is eager to hear when the Green St. Project will be complete. Councilor Evans asked if it is typical that the railroad asks the government to pay for their projects and Mr. MacQueen indicated that the railroad seeks funding for infrastructure and they try to get any financial support they can. It was stated that there is no benefit not to endorse. Councilor Donovan moved to send the letters of support; Councilor Evans seconded and the motion carried.
Other
Mayor Bertrand informed Council members that the LGC is having a seminar for elected officials on February 9 which he intends at attend. Councilor Goudreau also expressed interest.
Council members conceded to have the work sessions in the auditorium and on the weeks of the regular meeting, to hold both the work session and regular meeting upstairs in chambers. Councilor Donovan confirmed that budget meetings will be in the auditorium.
Mayor Bertrand announced that former Mayor Yvonne Coulombe passed away. Councilor Donovan moved to have the City Clerk take care of sending a memorial contribution from the City Council; Councilor Goudreau seconded and the motion carried.
Councilor Donovan expressed that the property on Route 110 owned by BIDPA should be sold to the highest bidder.
Mayor Bertrand indicated that there is a perception that non-public sessions occur more often than they actually do. He advocated for leaving the non-public session notation off the agenda unless there is an actual session planned.
Councilor Donovan questioned going into non-public session for litigation that has already been heard in court. Mr. MacQueen noted that the Council will be discussing a strategy to move forward with the case. Councilor McCue agreed stating that there is correspondence from the City Attorney that is privileged as well.
Non-Public Session
Councilor Lafleur moved to go into non-public session per RSA 91-A:3, II (a) The dismissal, promotion or compensation of any public employee; (e) Consideration or negotiation of pending claims or litigation; Councilor McCue seconded and the motion carried unanimously by roll call.
Councilor Donovan moved to come out of Non-Public Session and to seal the minutes for 72 hours after an offer is made; Councilor Boucher seconded.
Councilor McCue made the point that sealing the minutes should be done in public session after the non-public has been closed. Councilor Donovan amended his motion.
Councilor Donovan moved to come out of Non-Public Session per RSA 91-A:3, II (a) The dismissal, promotion or compensation of any public employee; (e) Consideration or negotiation of pending claims or litigation; Councilor Boucher seconded and the motion carried unanimously by roll call vote.
Councilor Lafleur moved to seal the minutes as releasing them would render the proposed action ineffective; Councilor Remillard seconded and the motion carried unanimously by roll call.
Councilor McCue moved to adjourn; Councilor Lafleur seconded and the motion carried. The meeting ended at 10:20 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
| 
