March 10, 2008
Work Session
Present were: Mayor Bertrand, Councilors Lafleur, McCue, Remillard, Goudreau, Cayer, Evans and Poulin; absent was Councilor Donovan. The School Department was represented by: John Moulis, Roland Pinette, Dan Record, Gary Bisson, Nathan Morin, Beverly Dupont, Corinne Cascadden, Marion Huntley, and Tim Forestall. Others present were: Pamela Laflamme, Steve Binette, Patrick MacQueen, Blandine Shallow, Jim Wagner, Albrecht Vonsydow, Ed Bergeron, media and public.
Mayor Bertrand called to order at 6:30.
School Department Budget Presentation
Marion Huntley gave an overview of the school budget stating that the requested increase is $1,288,287. Revenues coming into the school are projected to be about $100,000. less than last year. The increase is mainly in personnel, with $310,546 of new positions proposed and the increases in negotiated salary adjustments
Capital Improvement priorities were listed as:
1. Telephone system replacement Phase I & II - $40,000
2. Replace 2 buses, #87 and #93 - $130,000
3. Auditorium lighting panel replacement - $20,360.
4. BJHS Window Replacement Schedule at 5 windows per year - $16,000 yr.
5. Auditorium repainted - $25,000
Special Education
Steve Michaud reported that Special Education was passed into Federal law in 1975 and the State of NH’s RSA 186 C goes beyond the provision of Federal law. It is mandated in these laws that special education students require a “Free Appropriate Public Education”; there are to be no rejects; requires specially designed program of instruction with any related service needed for the child; and it must be in the least restrictive environment with non-disabled peers.
When the Special Education laws were passed, the Federal government promised to pay 40% of the average cost of the education of a child with a disability. In the 33 years since they passed the law, funding has never gone beyond half of what was promised.
Mr. Michaud went on to say that Special Education is very labor intensive. Mayor Bertrand asked if the average in Berlin is higher than most communities. Mr. Michaud noted that 15% of the total student population is special education and in Berlin, it is closer to 20%. The City is responsible for the number of students on December 1.
Mr. Michaud indicated that he requested a vision teacher and an assistant director who would attend the court appearances and do grant writing. The total budget is down because the number of students is down from 39 in the previous year to 31.
Berlin High School
Gary Bisson presented the High School request stating that the majority of increase is in salaries with a projected increase of 5%. The high school does not have a program for computer technology; however there is a facility that could accommodate such a program.
The High School is coming up for school accreditation. BHS has the second longest continuous accreditation in the State and prides itself on abiding by the standards. To a question about PBIS and what it is, Mr. Bisson reported that it is a grant through UNH that promotes Positive Behavioral Interventions and Supports to make a more positive learning experience. The drop out rate has gone from 6.5% when program was initiated to 3.1%. This program costs less than $10,000.
Councilor Evans asked if an IT person and an IT teacher could be merged into one job. Roland Pinette responded by saying, “anything would be better than nothing.” Because of the size of the school’s network, keeping it going could become a full time job. Ms. Huntley confirmed that some of the network services are contracted out and some are done in house with existing staff.
Councilor McCue suggested shopping for a used truck and Ms. Huntley noted that State Purchasing may be possible. Councilor McCue asked about the condition of the bus fleet. Mr. Moulis reported that there are 7 buses and one mini-bus. Ms. Huntley added that there is a full time mechanic who works at keeping buses on the road.
Councilor Lafleur asked whether there is a bid price for the phone system. Ms. Huntley stated that the amount in the budget is an estimate and an rfp has not gone out.
Councilor Poulin asked about leasing buses. Steve Michaud responded that he has looked into the practicality of leasing and found that it is not cost effective unless there are ten buses. Councilor Poulin asked if the full time position was taken into consideration when leasing was priced. Councilor Poulin question casement windows at $3,000 each and Ms. Huntley noted that there is likely some carpentry work associated with installation. Councilor Poulin then asked about the status of the basis of the health insurance increase of 13.7%. Ms. Huntley informed that the insurance company gives us a guaranteed not to exceed increase at 13.7%. Last year that number was over 20% and it remained at the projected amount.
Councilor Poulin confirmed that if an Assistant Director position is funded there would be an increase in grants. Mr. Michaud acknowledged that we may be missing out on grant opportunities because we don’t have the time.
Councilor Poulin asked if it would make sense to put the IT together in the city and school departments. Mr. MacQueen noted that the idea has come up to have one IT person for city, school and police department; however the size of the schools’ network would likely have the person working at the school. Ms. Huntley added that there is a need for an entire IT department.
Councilor Poulin asked about tuition and whether it is fair in light of the increases the city faces. Ms. Huntley explained that tuition is based on year end reports that go to the State. Based on those reports, a formula is created that determines what it costs to educate a student. The more grants we get and more we spend on a student, the more tuition we can charge.
Roland Pinette made the point that there could be a benefit to hiring the teaching position in that the creation of an IT program could have students performing work for the system. Such a service could be extended to other city departments.
Councilor Remillard asked how many students special education has served in the past three years and Mr. Michaud noted that the number increases every year.
Elementary Schools and Jr. High
Beverly Dupont and Corinne Cascadden gave overviews of the budgets for their schools. Salary increases and equipment needs were described. The schools have to meet adequate yearly progress requirements.
Councilor Cayer asked what happens to old chairs, and tables and Ms. Cascadden noted that staff takes parts that can be recycled. John Moulis closed by saying that the City is in a tough situation but students are the future. He offered tours of any of the schools and noted that any questions will be responded to.
Greenova Request for Road Closure
Albrecht Von Sydow principle of Woodstone who is working on a wood pellet project in the industrial park explained that his company came to Berlin more than 12 months ago. He found ample space for the project and was welcomed by the community. He hopes to create 30 jobs on site and many more in the raw material sector. His project has become more difficult with wetlands and the problems associated with being in the 100 year flood plain. They have been forced to design on both sides of Industrial Park Road to get the space needed.
Ed Bergeron, HEB Engineers, talked about the need for the road closure to accommodate the delivery of logs. Councilor Lafleur confirmed that emergency services would have the ability to cross the road through company operations. Councilor Evans asked who will own the road after the closure and Mr. Bergeron indicated that it would be turned over to Greenova (Woodstone). He added that two conditions were mentioned: the first being access for emergency services including turn around space and that the closure would be revoked if the project doesn’t start within a certain amount of time.
Mr. MacQueen stated that the City also asked that litigation regarding closing of the road would be the responsibility of Greenova and Mr. Von Sydow made it clear that this point has not been agreed upon.
Councilor McCue affirmed that the other tenants in the park are on board with this. Mayor Bertrand advised that procedurally, the company would file a formal petition and that petition would be acted on by resolution of the City Council where the terms and conditions of the road closure would be laid out.
Wetlands Mitigation. Ray Lobdell noted that he is a wetlands scientist and he explained that despite all the efforts to use as little wetlands as possible, there are 2.3 acres of wetlands impact with this project. They are looking at preserving upland buffers as the preferred option to the impact. For every acre impacted there is a need to mitigate 10 acres. Frontage on Androscoggin and Horne Brook was identified as a protection site, as well as two other sites. These upland buffers require easements. Greenova is looking at the city to donate the easement on Mt. Jasper to DRED with there being no changes to the existing use.
Mr. Lobdell went on to say that the company is looking for assurance that there is easement land and a third party to accept easements. Mayor Bertrand clarified with Mr. Lobdell that the third party is expected to make sure the restrictions of the easements are followed. They would be responsible for monitoring. Mr. MacQueen questioned who would enforce if there is a violation and would the city be obligated to litigate? We have confirmed that DES does not consider it their purview to act on violations.
Mr. MacQueen indicated that the City has no use for the proposed easement at Mt. Masper and he sees no reason, at this time, not to donate it to DRED. Mr. Lobdell acknowledged that no other holders of the easement have been considered. Council McCue pointed out that the cost of monitoring in the short term can be determined but it is difficult to establish cost in perpetuity.
Councilor Goudreau asked if there a risk to the aquifer with this project. Ms. Laflamme stated that one of the proposed easements would be a benefit to the wellhead.
Protocol for Easements
Ms. Laflamme reported that the City has three requests for conservation easements: Greenova, Tom & C Realty and Small Pond Holding. At this time the City holds only one easement and that is for the Solid Waste District. DES is silent on enforcement of these easements. Their advice was to be sure the agreement was a solid one. Other possibilities for holding these easements would be the Amonoosuc Trust or the Mahoosuc Trust.
Mr. Laflamme went on to say that monitoring could be done by staff with the proper training that can be obtained through workshops. For the three easements being considered it would likely take 35 to 40 hours once per year. As the holder of an easement the City will be responsible for correcting encroachment. That cost would be ours.
Land trusts who hold such easements charge a stewardship fee that is put into a non-lapsing account. The Society for the Protection of NH Forests has $10,000 as the fee. The City could also create a Conservation Commission whereby training would be done by the commission and they would review and do the monitoring.
It is important that the City review each request independently of each other. They are all asking for very different things.
Mayor Bertrand asked if the cost is proportional to the size of the property and Ms. Laflamme responded that much depends on the location of the easement. Some land is easier to get to than others; Mt. Jasper, for instance needs more legwork and would have to be delineated by signage.
Councilor Poulin asked if there are insurance policies for such a thing and Mr. MacQueen related that he is not aware any. The City will be dealing with landowners that are not going to be there forever; however the City is being asked to indemnify them into the future.
Ms. Laflamme stated that all of these projects are at the easement phase and DES needs to know who will hold their easements. Council conceded to asking those requesting easements how they would propose to deal with the anticipated problems into the future. The proposal might be a fee or indemnification.
Directional Sinage
Ms. Laflamme reported that she has had a request from a local business that is eager to put up a sign along Route 110 that would lead to his business. The city has an existing ordinance that allows these blue signs for institutions such as the hospital and St. Kieran Center for the Arts. We could amend the existing ordinance to include the for profit world.
The existing ordinance charges a one time fee of $10, the actual cost of the sign to include labor and a yearly renewal fee. To a question from Councilor Poulin about whether a business owner can install the sign themselves, Mr. MacQueen noted that installation has to be within the right of way, it has to checked with “dig safe” and it is likely that the City should do the installation.
Councilor Poulin stated that fees in the City are not where they should be and he proposed that the fees for such signs be increased. Councilor McCue’s reasoned that standards for the signs need to be followed.
Councilor Poulin moved to update the current ordinance to allow businesses to apply for directional signage within the urban compact and to increase the fees to an initial cost of $25 and an annual cost of at least $50 in addition to the actual cost of the sign; Councilor Evans seconded and the motion carried unanimously
Councilor Evans confirmed that if the business chooses not to renew, the sign would be take down.
Legislation and Drafted the Letter
Councilor McCue explained that he took the liberty of coming up with a letter opposing HB1469, HB1436 and HB1127. NHMA has been lobbying to get these killed because they will increase the cost of unfunded mandates. Mr. MacQueen encouraged the Council to approve sending the letters. He suggested adding, “and attempt to remove control of the public employer over the numbers of employees it will employ” to the second sentence.
Councilor Evans asked what harm would come if collective bargaining units of three were allowed. Councilor McCue reasoned that the city has 9 collective bargaining units now; this could increase that number.
Councilor Evans moved to send the letters opposing HB1469; HB1436 and HB1127; Councilor Remillard seconded and the motion carried unanimously.
Other
Councilor Goudreau asked about how the budget process works. Mr. MacQueen responded that the Council is hearing from all departments about what is proposed. The City Council will then meet to discuss and come to an agreement about a final budget. Councilor Remillard confirmed that the Council can contact departments with budget questions.
Non-Meeting
Councilor Lafleur moved to go into non-meeting per RSA 91-A:2(b) Strategy or negotiations with respect to collective bargaining; Councilor Evans seconded and the motion carried unanimously by roll call.
Councilor McCue moved to come out of non-meeting; Councilor Poulin seconded and the motion carried unanimously by roll call.
Councilor McCue moved to adjourn; Councilor Poulin seconded and the motion carried. The meeting ended at 10:15 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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