Work Session
April 7, 2008
Present at the meeting were: Mayor Bertrand, Councilors Evans, Remillard, McCue, Cayer, Poulin, Donovan, Goudreau and Lafleur. Staff members present included: Brian Valerino, Yvette Leighton, Angela Martin Giroux, Blandine Shallow, Laura Viger, Denise Jensen, Rita Gagnon. Others present: Bob Vachon, Linda Lafleur, media and public.
Mayor Bertrand confirmed that Councilor Cayer would work with the Traffic Safety Committee, Committee on Elections, and Berlin Airport Authority.
Fiscal Year 07 Audit - Bob Vachon
Mr. Vachon reported that he has been doing the city’s audit for 11 continuous years. The BWW audit numbers are included in this audit. State-wide, Mr. Vachon indicated that his firm has uncovered four cases of fraud in this year; the City however has good control procedures and continues to be vigilant in the process. The City has no findings in this audit.
General fund revenues exceeded expenditures by $156,000 but that is likely because on a modified accrual basis, taxes are not recognized as revenues after August 30 of the year. There is a deficit of $11,184 in non-major governmental funds, most of which is made up of a deficit from the airport. Mr. MacQueen noted that it has been a goal of the Airport Authority to have the revenues at the airport cover the expenses; any shortfall is derived from the general fund.
Mr. Vachon went on to say that there are five enterprise funds in the City that operate like a private businesses. The auditing differs in these funds due to capital assets being depreciated. The major enterprise fund is the sewer fund. In addition to expenses, debt service and capital items, equipment is depreciated over time. The sewer fund generated a positive cash flow of $579,000. Depreciation is not budgeted and the loss is on the low side for Berlin compared to other communities. That means the City has set its rates appropriately.
Mr. Vachon warned that the City should be very conservative when budgeting motor vehicle fees. When finances get tight, people tend to register fewer vehicles and they don’t buy new vehicles. Ms. Shallow acknowledged that we will be lucky to make the projections for this budget year. It was reported that there were $497,000 of estimated miscellaneous revenues less than projected. Councilor Remillard asked for a break down of revenues that did not make projection.
Mr. Vachon stated that because the city used fund balance to offset the tax rate, actual expenditures exceeded actual revenues by $309,000. The auditing firm is required to provide a letter to the council, which they did
Councilor Goudreau asked if good audit practices call for changing auditors periodically and Mr. Vachon stated that typically there are not enough auditors to cover all cities and towns in the state. Ms. Shallow reasoned that the last time the city did a request for proposals; Mr. Vachon’s firm was the only one who responded due to the timing and intensity of the audit
Budget Presentation - Community Services Division.
Laura Viger explained that the City chose to create the division by consolidating the Health, Recreation, Library and Welfare Departments. She became the Division Director and directly supervises Health and Recreation. The Library Director is Denise Jensen and the Welfare Director is Angela Martin Giroux. It is important to note that 66% of every tax dollar spent for these services is returned to the City.
The Health Department does health related inspections, health services at city hall and home health nursing. Home health is paid back to the city by Medicare, Medicaid, health insurance and private pay.
As Emergency Management Director, there is work done in emergency preparedness. There is a pending grant to get wireless Internet for the fire department and city hall and several Homeland Security grants have been administered through emergency management .
In Recreation and Parks, Terry Letarte and Sylvia Ramsey do a lot of the work. The department offers several athletic, recreational and arts programs. There is a USDA Food Program administered at playgrounds during the summer as well. There is staff to maintain public parks, support agencies and public buildings.
Councilor Donovan confirmed that there are two requests in the capital budget, one for bleachers and the other for a van. Ms. Viger indicated that the bleachers could be phased in one park at a time. The bleachers have been found to be unsafe. The recreation department van has been out of service due to not passing inspection. The van was bought in conjunction with Special Olympics with each paying half and that relationship would be sought out again if the van is funded. The Department has used police vehicles to take trips to Jericho Lake and to take ski teams to Wildcat. The van has always been a community resource to allow sports teams and social groups to travel together.
Ms. Viger stated that her division also manages the courthouse. Councilor Remillard asked for a list of places that the city is contributing labor to an organization that is not city related. Ms. Viger made the point that the school athletic fields are maintained by the recreation department and there is no cross charge to the department for that service.
In closing Ms. Viger commented that there is one union that has not finished negotiating and many of her staff is in this union. The staff is dedicated and an essential part if revenue reimbursements are going to continue to be stable.
Mayor Bertrand recessed the meeting to conduct the public hearing at 7:30 p.m.
Public Hearing
Mayor Bertrand called the public hearing to order at 7:30 p.m. He called for public comments on an ordinance amending Chapter 13 of the Code as it relates to Directional Signage. There were no comments. The public hearing ended at 7:31 p.m.
The Work Session resumed at 7:35 p.m.
Berlin Public Library. Denise Jensen explained that the library is used for student projects, citizens who want to research laws, read newspapers, and use the Internet. They have the ability to make copies and fax. Books can be obtained from any library in NH. There are audio books and videos for everyone’s use.
This past summer 757 students attended the Summer Reading Program. Ms. Jensen noted that she’s made a conservative budget request; much the same as last year. Councilor Lafleur established that there is an archeological display at the library as well. Councilor Donovan acknowledged that the demolition of 260 Main Street is the only capital project listed for the library. Mr. MacQueen clarified that the demolition of the building next door would create outdoor green space that could be transformed into an outdoor reading area.
Welfare. Angela Martin Giroux reported that she has been with the city for 12 years as of April 10. Per RSA 165, the City has to have someone administer welfare. Welfare pays only for basic needs. The amount to be funded is determined by comparing income and assets to needs. The amount of the shortfall is what can be funded by the city. Basic needs include medications, food, rent, fuel, and electricity. Welfare can also help with taxes, water, or sewer if a person is going to be tax deeded or water is going to be shut off. Ms. Giroux noted that Berlin has a work program and anyone having the capability is scheduled to work off what they received in welfare at $7.00 per hour.
To a question from Councilor Lafleur, Ms. Giroux noted that assistance is also given by the St. Vincent de Paul Society, Salvation Army, Catholic Charities, Health and Human Services, TANF, Social Security, ATPD. Councilor McCue asked how many clients and what is the average length of time that they are on welfare. Ms. Giroux noted that she helps an average of 100 families per year. Some are helped one time and some need help for several months or until they get onto another program. The City, in some case, is eligible to be reimbursed by Social Security for the assistance given to someone who is waiting to get on the program.
Generally there are more claims in March and April because the moratorium on electrical service is lifted and some people come in with electric bill that have not been paid all winter. If water is paid, it is from incidentals line item and sewer is paid from the property tax line item. She clarified that most clients do not own property. There is no residency requirement to obtain welfare in the RSA.
Mr. MacQueen stated that there is no question that Berlin has been a magnet for the indigent. He added that Ms. Giroux does a great job with keeping welfare recipients on task. Councilor Goudreau questioned paying $75,000 for administration of $68,000 of welfare. Mr. MacQueen noted that in comparison to other communities, Berlin’s overall cost for welfare is relatively low.
Councilor Poulin asked about the 3,000 hours of workfare labor and whether it could be used to lower cost of actual city labor such as working on a PWD crew. Ms. Giroux noted that there may be some reliability issues with some clients; she does try to match skills with work assigned. Ms. Viger added that there is union contract language that addresses workfare. She also stated that Councilors are invited to visit any of the departments at any time.
Police Department Resolutions
Resolution 2008-07 OHRV Patrols for Fiscal Year 2009
Brian Valerino explained that the PD applies for $54,000 of OHRV patrol funds to patrol the ATV park as well as ATV violations within the city. This grant comes to the city through the NH Fish and Game Department and funding has to be approved by the legislature. There is no match required from the city.
Resolution 2008-08 Primex Grant for $1,900 for Fitness Equipment
Primex has funds available for a Smith Press Machine. Police officers hired after 2000 have to take a physical fitness test and this piece of equipment will be made available to the officers. No match or reimbursement is required. Another agency in the city will get the used piece of equipment.
Resolution 2008-09 Grant Funds to Enforce Underage Drinking Laws
Assistant Chief Valerino reported that this grant has been helpful for several years as he is able to place officers out on Friday and Saturday night funded through the Attorney General’s office. Councilor McCue expressed concern that the grant period is straddling two budget years. No match or reimbursement is required.
Resolution 2008-10 Highway Grants
Highway Safety grants are obtained for bike patrol in the downtown and parks; seatbelt enforcement during school time hours; red light running; and dwi patrol. These grants put an extra officer out in the summer. No match or reimbursement is required.
Resolution 2008-11 to Apply for and Accept $4,000 1st Line Supervisor Grant
It costs $1,300 to send officers to a supervisor course. The Police academy will pay $1,000 per person and the city’s costs are $300 plus meals and room. The $300 match is in the budget.
REGULAR MEETING - MONDAY, APRIL 7, 2008
Mayor Bertrand called the Regular Meeting of the City Council to order at approximately 8:25 p.m. The pledge of allegiance to the flag preceded roll call. Present: Mayor Bertrand, Councilors Lafleur, Donovan, Remillard, McCue, Evans, Goudreau, Cayer and Poulin.
Minutes, Previous Meetings: Councilor Donovan moved with a second from Councilor Lafleur to accept the minutes of the 3/17/08 Regular Meeting; 3/24/08 Work Session and 3/31/08 Work Session. So moved, the motion carried.
Disbursements: It was recommended by the Committee on Accounts/Claims that all bills start date 3/18/2008, end date 4/7/2008, for a total cash disbursement of $1,753,196.80 Draft #1563 be paid. Councilor Remillard moved with a second by Councilor Donovan to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims. So moved, the motion carried.
Public Comments:
Jane Gordon of 109 Session Street addressed the Council stating that trash and garbage is left on her property each week by neighboring tenants. She said that seagulls and rodents get to the garbage and it is only a matter of time before the bigger animals come. She also complained that some Council members were not returning her calls.
Robert Goddard, 154 High Street commented that he attended the public hearing on the budget last year and recognized that he was speaking to people that were not hearing. There have been 50 foreclosures in Berlin and he sees people paying taxes with money from their 401k and credit cards. He went on to say that he has not heard the word “cut” with regard to this budget. There is no more money; no income to support the expenses. We are at a point where we can’t afford to live here and people will be forced to leave their community. He encouraged the Council to be the body that changes the tide and challenged them to take a responsible stand and to take control.
Council Committee Reports. No reports
Ordinance Directional Signage
Be it ordained by the City Council of the City of Berlin, as follows:
That the Code of the City of Berlin is hereby amended by changing the following in Article II Streets of Chapter 13, Streets, Sidewalks and Other Public Places:
Section 13:34 Tourist Oriented Directional Signs No non-governmental signs shall be erected or maintained on a City street (within a City right-of-way), except for directional signs as defined hereinafter.
Section 13:35 Eligibility Criteria
To be eligible for a Tourist Oriented Directional Sign under this ordinance, an institution must be located in the City of Berlin and be a business, service, or activity facility as defined by the State of NH DOT Bureau of Traffic manual titled, “Tourist Oriented Directional Signs dated January 1, 2006 (hereinafter “the manual”). (copies of this manual are available for review at City Hall in the Public Works & Planning Departments)
Section 13:36 Application for Permit
(a) An applicant requesting an initial permit for a Tourist Oriented Directional Sign shall provide the following information on a form furnished by the Public Works Department:
1. The name, address, and telephone number, or other means of contacting the applicant during regular business hours;
2. The name of the street where the proposed sign is to be located;
3. The hours of the day and days of the week that the facility is open to the public;
4. Whether there are restrictions placed upon the facility which would limit its use by a member of the traveling public;
5. The text proposed for the sign;
6. A sketch showing the proposed location of the sign indicating distances from easily found reference markers, such as intersecting highways or roads, highway mileage markers, or utility poles. Please provide information from each marker, such as the road number, mile marker number, or utility pole identification numbers;
7. Whether the applicant owns, leases, or maintains an outdoor advertising device in the state, either under its own name, or under the name of any entity in which the applicant holds a controlling interest;
8. The signature of the applicant, including the title and authority of the person signing if applying for a partnership, trust, corporation, or limited liability company;
9. The date of the signature; and
10. The permit fee of $75.00
Section 13:37 Expiration of permits
(a) Any permit issued shall expire on the April 1 next following the date of issuance;
(b) A permit for a Tourist Oriented Directional Sign shall not be transferable. In the event that a permitted business or entity is transferred to a new owner, a new original initial application shall be submitted for review and approval; and
(c) All permittees shall comply with the requirements of the Public Works Director set forth in this policy for manufacture, installation, and maintenance of the sign and its support structure.
Section 13:38 Multiple Panel Installation and Order of Position
(a) A Tourist Oriented Directional Sign shall contain no more than three sign panels, each of which must be of the same dimensions.
(b) If an applicant seeks to add a panel to a previously erected sign, such applicant
shall bear the costs required to:
1. Furnish and install longer, higher, or additional support posts; and
2. Replace any previously installed panel or panels that are smaller than the proposed panel, so that the entire finished installation will be of a uniform dimension.
(c) The order of position for Tourist Oriented Directional Signs in a single installation shall be:
1. Top, straight ahead;
2. Middle, left turn;
3. Bottom, right turn.
Section 13:39 2-Sign Limitation
Any business, service, or activity facility as defined by “the Manual” that applies for a Tourist Oriented Directional Sign shall be permitted for no more than two such signs in total within in the urban compact.
Section 13:40 Sign Panel Design.
(a) Upon approval of a request for signage, the applicant shall work with the Public Works Director to design, fabricate, and install a Tourist Oriented Directional Sign panel that:
1. Guides a road user to the applicant’s service;
2. Is fabricated to the performance standards set in the MUTCD of the Federal Highway Administration as adopted by the State of New Hampshire; and
3. Is installed in a location and in a manner that does not infringe upon the private property rights of citizens, create a hazard to the safety of road users, or an unreasonable burden on the maintenance of the highway.
(b) The message of the sign may contain any or all of the following elements, as mutually determined by the applicant and the Public Works Director:
1. A standard service symbol, in accordance with Appendix A of the MUTCD;
2. A textual message in a maximum 2 lines of text; and
3. Direction and distance information.
(c) The language, arrangement and spacing of the textual message shall be limited as follows:
1. The text must be submitted to the Public Works Director for review prior to fabrication of the sign panel;
2. Product names, slogans, telephone or fax numbers, street addresses, electronic mail or Internet addresses, Ham Radio call numbers, or messages that resemble any official traffic control device shall not be permitted;
3. If necessary to distinguish between two institutions with the same or a similar name, a descriptive term may be added, as determined on a case-by-case basis;
(d) The distance and directional element shall be arranged, sized, and spaced as directed by the Public Works Director in order to maintain compliance with the MUTCD and to assure that the road user will not be confused by the directions given.
Section 13:41 Sign Panel Materials and Fabrication Standards.
The specifications for sign panel materials and quality of fabrication are set forth in Appendix A of the MUTCD.
Section 13:42 Sign Post and Fastener Material Requirements:
The specifications for signpost and hardware materials are set forth in Appendix A of the MUTCD.
Section 13:43. Sign Installation Requirements.
(a) The specifications for installation of signposts and sign panels are set forth in Appendix A of the MUTCD.
(b) All costs for sign panel and post installation are the responsibility of the applicant. In the event a sign panel or posts must be replaced due to theft, damage, destruction, or wear and tear, all costs for the installation of the replacement items are the responsibility of the applicant.
(c) Sign posts shall not be set until the sign location has been declared free of conflicting underground utilities by DigSafe, Inc.
Section 13:44 Applicant responsible for all costs
An applicant who receives a permit for a Tourist Oriented Directional Sign shall pay the City of Berlin for all costs incurred for purchasing and installing any such sign and the posts that hold it up. Applicant shall also be responsible for any cost of repair incurred by the City in the event the sign or signposts are damaged.
Section 13:45. Renewal Permit.
(a) Renewal of a permit for a Tourist Oriented Directional Sign shall be requested annually between January 1, and February 28 on a form furnished by the Department, providing the following information:
1. The name, address, and telephone number of the applicant;
2. The name or route number of the state highway where the sign is located;
3. A statement that the activity continues to be eligible under the category approved in the original application;
4. The date of the application;
5. The signature of the applicant and capacity if signing on behalf of a partnership, trust, corporation, or limited liability company; and
6. A renewal permit fee of $25.00
Section 13:46 Revocation of a Permit and Removal.
(a) A permit to maintain a Tourist Oriented Directional Sign may be revoked and the sign panel removed for any of the following reasons:
1. Any change in the business, service, or activity facility as defined by “the Manual” that causes it to be in non-conformity with this policy or the controlling statutes;
2. Failure to renew a sign permit on an annual basis;
3. Any changed condition necessitated by construction, reconstruction, maintenance or reclassification of the highway;
4. The sign has been in non-conformity with the specifications contained herein for more than one year;
Section 13:47 Removal.
The Public Works Director shall remove and transport for storage any Tourist Oriented Directional Sign that remains in place more than 30 days after an order by the Public Works Director to remove the sign has become final. Reasonable care shall be exercised during such removals. However, the Public Works Director shall not be responsible for damage to any device occasioned by removal, transport or storage, nor will the Public Works Director be responsible for storage over 30 days.
Section 13:48 Appeal
(a) An applicant who disagrees with the decision of the Public Works Director to deny, not renew or revoke a permit to install and maintain a Tourist Oriented Directional Sign, may appeal such decision to the City Manager within 30 days after notice of the decision is provided to the applicant.
(b) Unless an appeal is filed, the denial, revocation or non-renewal of a permit for a Tourist Oriented Directional Sign shall become final 30 days after notice of the decision is provided to the applicant.
Councilor Lafleur moved with a second from Councilor Evans to remove the ordinance from the table. So moved the motion carried. Councilor Lafleur moved with a second from Councilor Donovan to have the second reading of the ordinance by short title. So moved the motion carried. Councilor Lafleur moved with a second from Councilor Donovan to pass the ordinance. So moved the motion carried
NEW BUSINESS
Resolution 2008-06 Appropriating $10,425.00 to Sewer Fund
Councilor Lafleur moved with a second from Councilor Donovan to table the resolution and schedule a public hearing for April 21, 2008. So moved the motion carried.
Resolution 2008-07 OHRV Patrols for Fiscal Year 2009
Councilor Donovan moved with a second from Councilor Goudreau to table the resolution and schedule a public hearing for April 21, 2008. So moved the motion carried.
Resolution 2008-08 Primex Grant for $1,900 for Fitness Equipment
Councilor Donovan moved with a second from Councilor Evans to table the resolution and schedule a public hearing for April 21, 2008. So moved the motion carried.
In the interest of time, it was requested that the following resolutions be tabled to the public hearing
Resolution 2008-09 Grant funds to Enforce Underage Drinking Laws
Resolution 2008-10 Highway Grants
Resolution 2008-11 to Apply for and Accept $4,000 1st Line Supervisor Grant
Councilor Donovan moved with a second from Councilor Evans to table the Underage Drinking Enforcement Resolution and schedule a public hearing April 21; Councilor Donovan withdrew his motion.
Councilor Donovan moved with a second from Councilor Evans to table Resolutions 2008-09 through 2008-11 for a public hearing April 21. So moved the motion carried.
Communication
In a communication addressed to the Mayor and City Council, Debra Goddard asked for tax cuts. Councilor Donovan moved to accept the letter and place it on file; Councilor Remillard seconded and the motion carried.
In a communication addressed to the Mayor and City Council, Anthony R. Harp wrote about safety concerns.
Councilor Donovan moved to send the first two items to the Public Works Department; item 3 on his letter to the safety committee; Councilor Evans seconded and the motion carried.
Councilor Donovan moved to notify Mr. Harp by mail that Jericho Lake Road is now a State issue; Councilor Remillard seconded and the motion carried.
City Manager’s Report
Notre Dame Cleanup, the City was informed today that we were awarded a $200,000 EPA Brownfields grant for the cleanup of the Notre Dame High School building that the City owns.
Green Street Closing, NHDOT has announced that the Green Street Bridge will be closed again starting April 14th
Legislative Items, HB 1645 is the retirement reform legislation which passed overwhelmingly in the House. It is scheduled for a Senate Hearing this Wednesday April 9; HB 1573 is the bill we proposed which would amend RSA 155B to allow us to lien all the properties in the State owned by a property owner whose property we had to clean up. This bill has also passed the House and will have a Senate Hearing on Tuesday April 15th, 2008.
Unfortunately, both labor bills, HB 1127 and HB 1436, which the Mayor and Council took positions in opposition to have passed the House.
BIDPA Land Bids Rejected, The Berlin Industrial Development Park Authority took bids for the roughly 300 acres of land it owns off Rt 110. Since BIDPA has a prior appraisal of the land which puts its value at around $395k, BIDPA chose to reject all bids for the land.
Meeting with OEM Director Pope, New Hampshire Office of Emergency Management Director Chris Pope met with representatives of area municipalities at City Hall on Monday March 24th.
Local Government Center Workshops, the Local Government Center is offering work shops that cover a number of topics which municipalities deal with on a regular basis.
PD Highway Safety Grants, the Berlin PD has been awarded five Highway Safety Grants
Manager's Time Keeping was reported.
Councilor Donovan moved with a second from Councilor McCue to accept the Manager’s Report and place it on file.
Public Comments
There were no public comments.
Council Comments
Councilor Remillard commented that she has been dealing with Ms. Gordon’s issue. The police department has been giving tickets. She met with the Public Works Department to check into whether they can back into the alley to pick up the garbage. The situation has not been ignored.
Councilor McCue addressed comments from the Goddard’s regarding the budget process. There has been no less than twelve public sessions where people can question the process.
Councilor Lafleur took exception to the comment from Mr. Goddard referring to Berlin as a “run down desperate community.”
Verizon. Councilor Donovan noted that Verizon should be contacted to open a dialogue about cell towers.
Mayor’s Report
Councilor Evans proposed to postpone the appointment of Paul Poulin; Councilor Donovan seconded and the motion carried. Councilors Lafleur and Goudreau voted against.
Councilor Donovan moved with a second from Councilor Goudreau to accept the following appointments: Dana Hoyt for re-appointment to the Zoning Board for a term to expire 4/2011; Henry Boucher to be re-appointed to the Zoning Board for a term to expire 4/2011; Paul Croteau to be re-appointed to Board of Assessors for a term to expire 3/31/2011.
Mayor Bertrand read a letter from Mary Jo Landry recognizing the contribution of Robert Morin to the Berlin Housing Authority.
Councilor Donovan moved to accept the Mayor’s report; Councilor McCue seconded and the motion carried.
Councilor Donovan asked that the City Clerk provide the usual donation in memory of Mr. Morin.
Councilor Donovan moved to have a press release from the City Clerk reminding the community of the services from Mr. Morin to be published 4/24; Councilor McCue seconded and the motion carried.
Adjournment
There being no further business to come before the Council; Councilor Poulin moved to adjourn; Councilor Goudreau seconded and the motion carried.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
| 
