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City Council Minutes 03/17/2008 Regular MeetingPUBLIC HEARING – March 17, 2008
PUBLIC HEARING - March 17, 2008

RESOLUTIONS:
- Appropriate $11,000 for Sewer System Improvements to accommodate new federal prison;

- Appropriate $16,000 from UFB for updated utility appraisals by George E. Sansoucy

Mayor Bertrand opened the duly scheduled and advertised public hearing for public comment at approximately 7:29 p.m.  There being no one wishing to speak for or against the subject matters, the Mayor closed the public hearing at 7:30 p.m.

REGULAR CITY COUNCIL MEETING - MONDAY, MARCH 17, 2008

Mayor Bertrand called the regular City Council Meeting to order at approximately 7:30 p.m. The pledge of allegiance to the flag preceded roll call. Present: Councilors Remillard, Donovan, McCue, Lafleur, Evans, Goudreau and Cayer.  Councilor Poulin was absent.  Also present: City Manager MacQueen, Pam Laflamme, Representative Ingersoll, Robert Danderson, Mike and Kem Rozek and the press.

Minutes, Previous Meetings
Councilor Donovan moved with a second by Councilor Goudreau to accept the minutes of the 03/03/08 WS; 03/03/08 Regular Mtg; 03/10/08 WS. So moved, the motion carried.

Disbursements:
It was recommended by the Committee on Accounts/Claims that all bills start date 3/04/08; end date 03/17/2008 for a total cash disbursement of $1,307,707.07 Draft #1562. Councilor Donovan moved with a second by Councilor Remillard to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims. So moved, the motion carried.

PUBLIC COMMENTS:

- Robert Danderson, 300 Church Street, is against the proposed $4.00 per thousand dollar tax increase in the budget.  He reminded the Mayor and Council that during their campaigns, they promised a better future for Berlin with a reduced tax rate.  He warned them that the departments don’t like to hear the word "no" and that the City Manager has cut as deeply as he can.  The larger departments are governed by boards and commissions so they are already at a higher level.  Our population has decreased down to 9600 people yet the schools are asking for a 12% hike.  Mr. Danderson went on to say that the 167 laid off mill workers will have an effect on the community.  Tough times mean tough decisions and we collectively have to tighten belts not to scare off potential developers.  He suggests cutting Outside Agencies from the budget. He trusts the Mayor and Council will do the right thing like they promised in November.        
- Mike Rozek, 2525 Howard Street, is also in opposition of the $4.00 potential tax increase due to the budget and is bewildered since there are so many unemployed people struggling to survive.  To increase taxes would be a disastrous failure for the whole community.  A neighbor recently moved in next door from Virginia and is afraid to purchase the property due to the high taxes in Berlin so he signed a three-year rental lease instead of buying.  He understands the Mayor and Council are in a tough position and it is hard to say no but they may be forced to make decisions to cut jobs.  He wants the Mayor and Council to keep that in mind when they make decisions on the budget.  

OLD BUSINESS:

1. Council Committee Reports.  No reports.

2. Resolution authorizing the raising, appropriation and expenditure of an estimated Eleven Million Dollars ($11,000,000) in new funding from the State of New Hampshire Revolving Loan Fund for Waste Water Treatment Facility Phase II improvements, infiltration and inflow removal and collection pump station and interceptor improvements necessary to connect the new federal prison. (tabled 3/03/08)

Resolved by the City Council of the City of Berlin as follows:
- Whereas the completion of Waste Water Facility improvements, infiltration and inflow removal and collection pump station and interceptor improvements are essential to connect the new Federal Prison currently under construction to the City sewer system; and

- Whereas, the Mayor and Council have separately authorized the City Manager to submit an application to the State Revolving Funds (SRF) for a loan in the amount of $15 Million which includes approximately $4 million in improvements already completed and to do all things necessary to accept, carry our and pay back that loan; and

- Whereas, a requirement of the SRF loan application is evidence that the Mayor and Council have approved the raising, appropriation and expenditure of funds not already raised appropriated and expended on the project.  Now therefore be it resolved that the Mayor and Council of the City of Berlin hereby approve the raising, appropriation and expenditure of an estimated amount of Eleven Million Dollars ($11,000,000) in new financing from the State of NH Revolving Loan Funds, which when taken together with the amount of approximately Four Million Dollars previously appropriated and expended for wastewater facility improvements results in a total project cost of an estimated Fifteen Million Dollars ($15,000,000) to be used to design, implement and construct Waste Water Treatment Facility Phase II improvements, infiltration and inflow removal and collection pump station and interceptor improvements necessary to connect the new federal prison.  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 McCue to have the resolution read a second time by title only.  So moved, the motion carried.

Councilor Lafleur moved with a second by Councilor McCue to pass the resolution.  Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution now passed.

3. Resolution appropriating Sixteen Thousand Dollars ($16,000) from UFB to the Fy’08 budget line 01-480-905-0002 and authorizing the City Manager to enter into an agreement with George E. Sansoucy who will provide updates of assessed values for the former mill property, hydros and electric utility property in Berlin. (tabled 3/03/08)

Resolved by the City Council of the City of Berlin as follows:

- Whereas, the firm of George E. Sansoucy has provided a fixed price proposal for the 2008 update of public utility property, mill property and hydro electric facilities in Berlin; and

- Whereas, it is appropriate to obtain up to date values for the former mill property, the hydros and electric utility properties in Berlin.  Now therefore be it resolved by the Mayor and Council of the City of Berlin that they hereby appropriate the amount of Sixteen Thousand Dollars ($16,000) from UFB to the FY’08 budget line 01-480-905-0002 for the purpose of funding these updates. Be it further resolved that any bidding requirements are hereby waived and the City Manager on behalf of the Board of Assessors is authorized to enter into an agreement with George E. Sansoucy who will provide the up to date values for assessing purposes for the properties as outlined in his January 24, 2008 proposal. This resolution shall be in full force and effect from and after passage.

Councilor Lafleur moved with a second by Councilor McCue to remove the resolution from the table at this time.  So moved, the motion carried. 

Councilor Lafleur moved with a second by Councilor McCue to have the resolution read a second time by title only.  So moved, the motion carried.

Councilor Lafleur moved with a second by Councilor McCue to pass the resolution.  Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the resolution now passed.

NEW BUSINESS:

4. Ordinance amending the Code of the City of Berlin Chapter 13, streets, sidewalks and other public places, Article II Street, Sections 13.34-13.48. (1st read)

Due to the length of this ordinance Councilor Lafleur suggested that the City Clerk just read the amendments made to the ordinance during the work session.

The City Clerk stated that the word Tourism be changed to Tourist.  On page 2, #10 change amount from $10.00 to $75.00; page 3,#6 change amount from $30.00 to $25.00.  Pat MacQueen added there is also an amendment on page 1, paragraph 2, delete: "for Berlin hospitals, cultural, educational or recreational institutions which are eligible."  The full text of the amended ordinance is available for public review in the City Clerk’s Office.

Councilor Donovan moved with a second by Councilor Remillard to table the ordinance and schedule a public hearing on April 7.  So moved, the motion carried. 

5. City Manager’s Report.

- Fraser STP Tour.  WWTF Acting Superintendent Henry Noel, Pw Director Mike Perreault, Ernie Allain, Chris Dwinal of Wright Pierce and the City Manager toured the Fraser WWTF now owned by the Solid Waste District who acquired the plant due to all the leachate from the waste at the Mt. Carbury Landfill.  The City and District are looking at alternatives how to best deal with the leachate. 

- Demolition bids.  Sealed bids received for demolition of 537 Rockingham and 276 Mason Streets.  Low bidder was Milan Excavating at $25,100 for both buildings.

- Pandemic Meeting.  Chaired by Laura Viger discussed the possibility of developing an Acute Care Center in Berlin.  A drill was conducted as part of the Pandemic Committees requirement by the State of NH.

- Roof Concerns.  Local contractor was hired to remove snow from the City owned Maynesboro Industrial building.  The schools were also checked for any problems.

- State-Wide Emergency Management Conference Call on Flooding.  NH Bureau of Emergency Management Director Christopher Pope updated local communities and offered staff and resources.

- Health & Human Services Meeting.  Mayor Bertrand, Pam Laflamme and the City Manager met with Administrative Services in Concord to further explore ideas for dealing with HHS and the Court’s desire to relocate in Berlin.  The state’s current RFP deadline for responses is April 8.

- DOT Meeting.  Acting Highway Commissioner Jeff Brillhart met regarding road and utility issues on East Milan Road leading to the prison facility site and the many difficulties they face.

- Regional Broadband Forums.  Department of Resources and Economic Development obtained a grant to develop a state-wide broadband action plan.

- Manager’s time keeping attached.  In response to Council’s request for more information about how the Manager’s time is spent, he submitted a detailed log of each day’s activities.

- Councilor Goudreau asked the City Manager how long his time keeping list had taken him.  He does not need to see this type of list especially if it takes away from other city business.

- Councilor Donovan concurred and added this has gone too far and seems like micro-managing.  He respects Councilor Poulin’s wishes but suggests that he shadow the City Manager to see what his job entails.  Councilor Donovan thinks a motion is in order to stop such a detailed time report.

- Councilor Evans noted that Council did not vote to do that but it was a general question.

- Councilor McCue stated that the timing on this motion is not good since Councilor Poulin is not present to vote and it was his request for a more detailed time log and that request was not a requirement but merely request.  Councilor McCue thanked the City Manager for providing the report.

- Councilor Donovan moved with a second by Councilor Goudreau to waive the requirement that the City Manager itemize his daily routine in his time keeping report.  So moved, the motion carried.

- Councilor Lafleur moved with a second by Councilor McCue to accept and file the City Manager’s oral and written reports.  So moved, the motion carried.

6. Public Comments

Robert Danderson, 300 Church Street, thanked the Mayor and Council for the action they took regarding the City Manager and his time report.

7. Council Comments:

- Councilor McCue, for the record, wanted it known that the budget is not final yet and that the public hearing is not until May 29.  It is still a work in progress and the tax rate has not been set.

8. Mayor’s Report

Mayor Bertrand attended the Mayor’s Alliance meeting which provides vital information such as pending legislation to all NH Mayors from the Local Government Center.  The Mayor also attended the meeting with DHHS regarding finding a new location in Berlin as well as a meeting with the DOT regarding the road going up to the new prison.

In reference to the budget concerns heard during public comments, the Mayor clarified that the budget is a work in progress and that Council will be fiscally prudent with the tax payers in mind.

- Councilor Lafleur moved with a second by Councilor McCue to accept the mayor’s oral report and place it one file.  So moved, the motion carried.

APPOINTMENTS:

- Zoning Board of Adjustment:  Dana Hoyt, three year term to expire 4/2011; Henry Boucher, Three year term to expire 4/2011

- Board of Assessors:  Paul Croteau, three year term to expire 3/2011

Councilor Donovan asked the City Planner if the ZBA Board knows the Mayor and Council policies and can the appointees be trusted to do their jobs by abiding with those policies?

Councilor McCue agrees that the ZBA deals with not only zoning and appeals but various city agencies to clarify matters.

City Manager MacQueen emphasized that the ZBA is a semi-judicial body and are a neutral arbiter of law and policies.  State-wide there is much litigation on ZBA issues and they have to be careful to stay within the policies or ordinances of the city.

Councilor Evans moved with a second by Councilor Goudreau to postpone voting on all three appointees until the April 7 Council Meeting to allow more time to gather information.  So moved, the motion carried.  

9. Adjournment:

There being no further business to come before the Council at this time, Councilor Lafleur moved with a second by Councilor Donovan to adjourn the Regular City Council Meeting and reconvene in Non-Public Session per RSA 91-AII(b)Strategy or negotiations with respect to collective bargaining. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the regular meeting adjourned at approximately 8:17 p.m.

Council adjourned the Non-public session and reentered the public meeting.  Councilor McCue moved with a second by Councilor Lafleur to adjourn the public meeting.  Roll call resulted in unanimous affirmative votes.  The regular public meeting adjourned at approximately 9:05 p.m.

A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
Berlin City Clerk