May 5, 2008
Work Session
Present at the meeting were: Mayor Bertrand, Councilors McCue, Remillard, Donovan, Lafleur, Cayer, Evans and Goudreau; Councilor Poulin was absent. Others present included Blandine Shallow, John Moulis, Marion Huntley, Jim Wagner, Jason Grubbs of WR Taylor & Associates, Dennis McAlister, Pete Morency, Nicole Poirier, Nathan Morin, Melissa Wedge, Pamela Laflamme, Don Bouchard, Mike Perreault, Patrick MacQueen, media and public.
Industrial Revenue Bonds
Mr. MacQueen reported that Greenova is asking the City to participate in floating industrial revenue bonds that would provide tax exempt financing for them. The City is not taking any risk by moving forward with this proposal; it is simply serving as a vehicle. If the bonds were not paid back, the risk is with the banks that buy these bonds. Dennis McAlister and Jason Grubbs WR Taylor were present to answer questions regarding the bonds.
In addition to two resolutions for the Council to consider, there is an indemnification agreement that protects the city against any default. In the resolutions for first reading this evening, the city would adopt 162-G which is the State law that allows municipalities to float industrial revenue bonds. There was some question about whether it makes more sense for BIDPA to be the conduit or for the city and it seems like going through the City would make the process simpler and quicker. The resolutions to be introduced this evening do not obligate the city to anything; however it would signal that the city is willing to float industrial revenue bonds.
It was clarified that RSA 162-G is the section of state law that gives municipal authority to do industrial development. It allows, once adopted, for the State or municipality to act as a vehicle for the tax exempt financing. The resolutions will be tabled for four weeks rather than two weeks, giving the Council time to further consider the request.
Easement Request from Tom & C
Don Bouchard of Horizons Engineering stated that he represents Tom & C Realty who are proposing a manufactured home park on Route 16. They have conditional approval from the Planning Board, part of which getting a wetlands permit. To get the permit, they will need to put 6.95 acres of land into a conservation easement. This land has been determined to be wetlands and upland forest. They are proposing that the City hold the easement while Tom & C retain ownership of the land. Such a conservation easement would make the land non-buildable; however the community could use it. The proposal will be discussed further in non-public session.
Segregated Funds for Street Repair
Mr. MacQueen informed the Council that the use of segregated funds is being proposed for street repair where the work would normally come from the operating funds. Councilor Lafleur moved to allow the expenditure of segregated funds for street repair; Councilor Remillard seconded and the motion carried unanimously.
Budget Discussion
Schools. Mayor Bertrand commented that the Council requested a flat budget and wanted to see how the departments would achieve this. He noted that it was predicted that sports and extra curricular activities would not be funded. John Moulis explained that there are increases that are contractual and though the budget was cut, the contracts were honored. The schools may have to look at fees to offer sports and other activities. The schools met a deadline of April 15 and offered contracts to existing personnel.
Councilor Lafleur asked for an explanation of the number of credits needed for graduation. Mr. Moulis indicated that the State has a minimum requirement; however that requirement can be elevated by individual schools by offering enough programs and electives to make more credits available. The state is at 20 or 21 and schools require 26. Ms. Huntley noted that with salaries set and contracts out for next year, the only flexibility is with positions that are not filled. Teachers would have to be used at different levels meaning that they would not be available for electives. Ms. Huntley acknowledged that they are aware of five new out of district placements.
Councilor McCue voiced that it is very difficult to match up the city budget figures to the school’s as well as to the school’s previous presentation. He added that the school administrators made a choice not to pink slip and that decision is now being used to drive a response.
Councilor Goudreau explained his disappointment that $3.00 out of a $4.00 proposed increase is from the school department. The cuts do everything to cut the students but where is the cut in administration?
Councilor Remillard made the point that there are 9 retirements that could remain unfilled until budgets are sure.
Mayor Bertrand recessed the work session to begin a public hearing scheduled for 7:30 p.m.
Public Hearings
Mayor Bertrand opened the duly advertised public hearings at 7:30 p.m. and called for comments on the following resolutions:
- Resolution 2008-12 School Grants – no comments
- Resolution 2008-13 Closure of Industrial Park Road – no comments
- Resolution 2008-14 Sale of Map 404; Lot 31 of the Maynesboro Industrial Park to Greenova, LLC – no comments
There being no comments, Mayor Bertrand closed the public hearings at 7:33 p.m and returned the meeting to work session
School Board Member Nathan Morin mentioned that the board has not discussed or seen the school administrator’s presentation and it is pending board discussion at the Wednesday, May 7 meeting. Councilor Donovan stated that six years ago MRI did a study of city departments. He asked if the School Board would allow a study of the school department and Mr. Morin stated they could consider it. The meeting is at the High School Library at 6:00 p.m. Mayor Bertrand indicated that there is not a lot of time before the Council has to publish a budget.
Police Department. Chief Morency joined the Council at the table. Mayor Bertrand asked for clarification on the commissioners’ budget which indicates an increase of 2.2% and the City Manager’s which projects a 6.2% increase. Mr. MacQueen clarified that State law has us gross budgeting on the expense side only. The Police budget is up 6.2% on the expense side, unless there is new revenue.
Councilor Goudreau asked if other cuts were considered before eliminating crossing guards and a full time dispatcher. Chief Morency reasoned that if he cuts officers, he stands to lose $130,000 of grant money due to supplanting which is an agreement to maintain the same degree of staffing as before the grant. He added that the grant money received goes toward overtime. If the grants are not received, the overtime in specialized patrols would not happen.
Councilor Goudreau asked if is possible to forego all but essential training for this year. Chief Morency stated that, being secluded here, there are no resources to pull from for the department’s special needs. The result of the training is that the city has not been successfully sued.
Fire Department. Chief Trull joined the group. He answered questions regarding the call department noting that they are paid per call and they get $20 per month for training. The flat budget would hold the call department to 12. Chief Trull resolved that he will do whatever is needed to maintain staffing. If it means nickel and diming other line items to maintain staff, then that is what he will do.
With no further business in the Work Session, Council moved on to the Regular Meeting.
REGULAR MEETING - MONDAY, MAY 5, 2008
Mayor Bertrand called the Regular Meeting of the City Council to order at approximately 8:30 p.m. The pledge of allegiance to the flag preceded roll call. Present: Mayor Bertrand, Councilors Lafleur, Donovan, Remillard, McCue, Evans, Goudreau, and Cayer; Councilor Poulin was absent.
Minutes, Previous Meetings: Councilor Lafleur moved with a second from Councilor McCue to accept the minutes of the 4/21/08 Regular Meeting; and 4/28/08 Work Session. So moved, the motion carried.
Disbursements: It was recommended by the Committee on Accounts/Claims that all bills start date 4/22/2008, end date 5/5/2008, for a total cash disbursement of $1,053,991.80 Draft #1565 be paid. Councilor Remillard moved with a second by Councilor Goudreau to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims. So moved, the motion carried
Public Comments – there were no comments.
OLD BUSINESS:
Council Committee Reports – there were no reports
Resolution 2008-12 School Grants
Resolved by the City Council of the City of Berlin as Follows:
Account Number |
Description |
Current Approp |
Revised |
Difference |
~ |
|
|
|
~ |
10-405-239-0000 |
SCHOOL GRANTS/DONATIONS |
$ 60,428.81 |
$ 55,627.00 |
$ (4,801.81) |
10-405-240-0000 |
AV & VL ROY FOUNDATION |
$ 8,944.00 |
$ 63,444.00 |
$ 54,500.00 |
10-455-xxx-xxxx |
E2T2 MINI Total |
$ 54,200.00 |
$ 79,200.00 |
$ 25,000.00 |
10-459-xxx-xxxx |
21ST CENTURY GRANT Total |
$ 273,967.00 |
$289,486.00 |
$ 15,519.00 |
10-465-xxx-xxxx |
DRIVER EDUCATION Total |
$ 12,450.00 |
$ 13,350.00 |
$ 900.00 |
10-466-xxx-xxxx |
TITLE V Total |
$ 2,094.00 |
$ 2,631.00 |
$ 537.00 |
10-467-xxx-xxxx |
NATIONAL FOREST RESERVE FUNDS Total |
$ 16,447.00 |
$ 12,607.00 |
$ (3,840.00) |
10-471-xxx-xxxx |
DRUG FREE GRANT Total |
$ 14,149.00 |
$ 17,636.00 |
$ 3,487.00 |
10-472-xxx-xxxx |
E2T2 Total |
$ 150,000.00 |
$225,000.00 |
$ 75,000.00 |
10-475-xxx-xxxx |
TITLE II - CLASS SIZE Total |
$ 145,433.00 |
$159,628.00 |
$ 14,195.00 |
10-477-xxx-xxxx |
SCIENCE GRANT Total |
$ 15,811.00 |
$ 15,709.00 |
$ (102.00) |
10-454-xxx-xxxx |
PERFORMANCE PATH Total |
$ - |
$ 2,444.00 |
$ 2,444.00 |
TOTAL FEDERAL FUNDS CHANGES |
|
$753,923.81 |
$936,762.00 |
$182,838.19 |
This resolution shall be in full force and effect from and after passage
Councilor Lafleur moved with a second from Councilor McCue to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Lafleur moved with a second from Councilor Donovan to have the second reading by short title. So moved, the motion carried.
Councilor Lafleur moved with a second from Councilor Donovan to pass the resolution. So moved, the motion carried unanimously by roll call
Resolution 2008-13 Closure of Industrial Park Road
Resolved by the City Council of the City of Berlin as Follows:
Whereas, Greenova, LLC, a subsidiary of Woodstone, USA, LLC, has applied for state, federal and local approvals to site a new wood pellet processing facility at the Berlin Industrial Park; and
Whereas, Greenova has requested the discontinuance of the Road for purposes of safe and efficient operation of the wood processing facility; and
Whereas, the section of the Road to be discontinued is coextensive with the limit of the property frontage to be owned by Greenova on both sides of Industrial Park Road at the inside loop within the Berlin Industrial Park; and
Whereas, the construction and operation of the Greenova facility is a project of major economic significance to the City and to the greater Coos County area as a result of the creation of 30 to 40 jobs at the facility and another some 200 jobs in the wood procurement and logging industry; and
Whereas, the Berlin Planning Board has approved the Site Plan Application including the closure of Industrial Park Road; and
Whereas, the Berlin Industrial Park Development Authority has considered favorably the road closure request; and
Whereas, Greenova will provide adequate turnarounds at either end of the discontinued section of Industrial Park Road to allow for ease of movement from trucks and other vehicular traffic along either section of Industrial Park Road, which turnarounds will be conveyed to the City as public access easements; and
Whereas, the Mayor and Council see no public interest or benefit to the citizens of Berlin in continuing the maintenance of the Road; and
Whereas, the Road is not needed for emergency access to or evacuation from any of the other businesses located in the Industrial Park; and
Whereas, Greenova agrees that the public right-of-way will revert back to its original layout with full public access and restored to its current configuration and status if the facility ceases to operate for a period of 12 months or more.
Now, Therefore, Be It Resolved by the Mayor and Council of the City of Berlin that the 629.68’ section of Industrial Park Road as depicted on the attached Site Plan for the Greenova facility is hereby completely discontinued and the City of Berlin relinquishes any and all interest in this portion of the Road to the abutting land owner in accordance with the applicable state law and case law.
This Resolution shall be in full force and effect from and after passage
Councilor Lafleur moved with a second from Councilor Donovan to remove the resolution from the table. So moved, the motion carried; Councilor McCue voted against.
It was determined that additional information was needed in the resolution.
Councilor Donovan moved to re-table the resolution; Councilor McCue seconded and the motion carried.
Resolution 2008-14 Sale of Map 404; Lot 31 of the Maynesboro Industrial Park to Greenova
Resolved by the City Council of the City of Berlin as Follows:
Whereas, Map 404, Lot 31 at Industrial Park Road in the Maynesboro Industrial Park in Berlin has been undeveloped for many years, and
Whereas, BIDPA is interested in having Greenova, LLC become the owner and developer of this lot, and
Whereas, Greenova is desirous of becoming the purchaser of the lot in order to develop it for industrial use, and
Whereas, this development would provide new economic activity in the community, new tax base and new jobs in Berlin, and
Whereas, RSA 162-G specifically authorizes municipal agencies such as BIDPA to sell such industrial land,
Now therefore be it resolved,, that the Mayor and Council of the City of Berlin hereby authorize the Berlin Industrial Development Authority (BIDPA) to sell Map 404; Lot 31 in the Maynesboro Industrial Park to Greenova, LLC for the appraised value of $24,080.00 pursuant to RSA 162-G.
Be it further resolved that the Mayor and Council of the City of Berlin do hereby make the following findings with respect to said property sale to be entered in to between BIDPA and Greenova, LLC:
Greenova, LLC can be feasibly located on the intended site and required utilities and access are or will be provided.
The establishment and operation of the business and industrial facility will alleviate or prevent unemployment or underemployment, either in whole or in part, in the area in which such business and industrial facility is located.
Such business and industrial facility will consist of land, or land and business and industrial building, or buildings, which are suitable for business, industrial, manufacturing, waste processing, or warehousing purposes.
Greenova, LLC has the skills and financial resources necessary to operate the business and industrial facility successfully.
Adequate provision has been, or will be, made for the payment of the cost of the construction of such business and industrial facility and that under no circumstances will the municipality be obligated, directly or indirectly, for the payment of the cost of construction of such business and industrial facility, or for the payment of the principal of, or interest on, any obligations issued to finance such construction from funds other than those received under the provisions of the lease or the trust indenture except to the extent permitted by this chapter.
The proposed acquisition, leasing, operation, and use of such business and industrial facility will aid in the development, growth, and prosperity of the municipality in which such business and industrial facility is located, or of the municipality undertaking the project.
This Resolution shall be in full force and effect from and after passage.
Councilor Donovan moved with a second from Councilor Cayer to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Donovan moved with a second from Councilor McCue to have the second reading by short title. So moved, the motion carried.
Councilor Donovan moved with a second from Councilor McCue to pass the resolution. So moved, the motion carried unanimously by roll call
NEW BUSINESS:
Resolution 2008-15 Adopting the Provisions of RSA 162-G relative to the Acquisition, Development and Disposal of Industrial Land and Facilities
Councilor Lafleur moved to table the resolution for a public hearing June 2, 2008; Councilor Goudreau seconded. So moved the motion carried.
Councilor Donovan expressed concern over having the Greenova representatives pay for posting City Council notices of public hearing. He questioned its legality. Councilor Donovan moved with a second from Councilor Cayer to post and pay for the City Council notices. The motion carried with Councilor Evans voting against.
Resolution 2008-16 Providing Preliminary Approval Of The Issuance Of Bonds For The Purpose Of Financing Certain Manufacturing And/Or Processing Facilities For Greenova, LLC
Councilor Donovan moved with a second from Councilor Cayer to table the resolution for a public hearing June 2, 2008. So moved the motion carried.
City Manager’s Report
Hero's Ceremony at State House. Last Thursday in a ceremony sponsored by the Union Leader and Citizen's Bank, public safety employees who have engaged in great acts of heroism over the past year in New Hampshire, Police Cpl. Kerry Therriault, Sgt. Richard McClure and Fire Captain Rob Jewett were honored for their heroism in the January 2007.
Green Street Project Phase 2. This project has been moved out two years from 2009 to 2011 for construction
Line Painting. Weather permitting, street line painting will start this Wednesday at 8pm. L&D is the contractor who got the bid this year.
Police Impound Site. All of the liquid asphalt which was in the ground at the site of the liquid asphalt tanks next to the Recreation Center has been cleaned
EPA Lab. Last Friday I attended an EPA Lab in Chelmsford, MA to have EPA go over the paperwork to actually get the grant. In our case, it is the $200k cleanup grant for the old Notre Dame Building.
Annual Report for FY07. The City Annual Report for FY2008 has been published for distribution to the public.
Highway Safety Grant DWI Patrols.
Attached is a communication from NH Highway Safety indicating that the Berlin PD has been approved for funding for "Berlin Statewide DWI Hunter Patrols". These funds will pay for overtime DWI patrols this summer.
2008 National Chapter Public Relations Award Winner.
Attached is a letter to the Berlin High Family, Career and Community Leaders of America (FCCLA) which indicates that they have been selected as the FCCLA 2008 National Chapter Public Relations Award Winner.
Legislation The State Senate appears to be watering down all the long overdue retirement system reforms that were included in the House version of HB 1645. Legislative Bulletin #20 has the complete story.
The Senate Public Affairs and Municipal Affairs Committee has recommended HB 1408 which amends the Right to Know law to clarify its application to electronic records. Also with respect to the Labor bills, HB 1436 which would require an evergreen clause in every negotiated contract has been recommended to be killed on a 5-1 vote by the Senate Commerce, Labor and Consumer Protection Committee.
On Thursday May 1st, HB 1573 which is our bill which attempts to allow us to lien all the properties in the state of an owner whose property burns down and allows us to get at the owner's insurance proceeds was reported out as "Ought to Pass". Because it has been amended again, it needs to go back to the House for concurrence on the amendment. Hopefully, this will occur without incident.
Manager's Time Keeping. Attached.
Councilor Lafleur moved with a second from Council Goudreau to accept the Manager’s Report. So moved, the motion carried.
Council Comments
Councilor McCue acknowledged that the information the Council received from the school was not the board’s budget.
Mayor’s Report
Mayor Bertrand indicated that the Council has a lot of work to do in a short period of time.
Non-Public Session
Councilor Donovan moved to go into non-public session per RSA 91-A:3(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 McCue seconded and the motion carried unanimously by roll call.
Councilor Donovan moved to come out of non-public session; Councilor McCue seconded and the motion carried unanimously by roll call.
Councilor McCue moved to seal the minutes as releasing them would render the proposed action ineffective; Councilor Goudreau seconded and the motion carried.
There being no further business to come before the Council, Councilor McCue moved to adjourn; Councilor Cayer seconded and the motion carried. The meeting ended at 9:40 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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