WORK SESSION
July 21, 2008
Present were: Mayor Bertrand, Councilors McCue, Lafleur, Remillard, Donovan, Poulin, Goudreau, Cayer and Evans. Staff members present included Blandine Shallow, Florence Fitzmorris, Norman Charest, Pamela Laflamme, Patrick MacQueen, John Moulis, Marion Huntley, Brian Valerino, and Kris Davis. Others present included Sue & Norm Small, Lorraine Leclerc, Jon Edwards, Mitch Couture, Nathan Morin, Martha Laflamme
Mayor Bertrand called the meeting to order at 6:00 p.m.
LGC Policies
City Council members discussed the policy positions of the Local Government Center.
General Government
1. Municipal participation in retirement issues. Consensus to support.
2. Public notice requirements. The consensus was to support as long as notices are not restricted to being exclusively electronic.
3. Right to know costs and specificity required. Consensus to support.
4. Highway fund. Increasing gas tax and other fees to fund transportation infrastructure. The consensus was to not support.
5. Charitable definition and Mandated Tax Exemptions. Consensus to support
6. Municipal use of structures in the right of way. Consensus to support.
7. Local Ordinances Governing Right of Way Use. Consensus to support
8. Downshifting State Costs Consensus to support LGC's opposition.
9. Binding arbitration. Mr. MacQueen recommended the City strongly oppose binding arbitration as it would amount to elected officials losing control of what will be spent. Consensus to support LGC's opposition.
10. Telephone Company Property Tax Exemption. Consensus to support LGC's opposition.
11. Adequate Education Definition. Consensus to support
12. Land Use Compliance by Government Entities. Consensus to support
13. Utility Appraisal Method. Consensus to support
14. Minimum Vote Required for Bond issues. Consensus to support LGC's opposition.
15. Mandated Employee Benefits. Consensus to support LGC's opposition.
16. Late Filing of Utility Change Report. Consensus to support
17. Underground Utilities Consensus to support
Municipal Administration and Finance Management
1. Assessing Practices. Consensus to support
2. Extended lease of municipal property. Consensus to support
3. Bond Rescission Process. Consensus to support
4. Electronic Payments. Consensus to support
5. Tax Lien Mandatory. Consensus to support
6. Welfare Liens. It was determined that the City having a first position on a welfare lien will create a problem with constituents' lending institutions. The consensus was not to support the policy.
7. Terms of appointed officials Consensus to support
8. Supplemental budget hearings (specific to towns)
9. Special Meetings for zoning Amendments (specific to towns)
10. Solid Waste Revolving Fund Consensus to support
11. Governing Body Recommended… (specific to towns)
12. Supervisors of Checklist Sessions Consensus to support
13. Tax Bill Information. Consensus to support
14. Affordable Housing. After some discussion Mayor Bertrand suggested that the Council remain neutral on this issue
15. Appointment of Town Clerks (specific to towns)
16. Bond Ballot Voting (specific to towns)
17. Municipal Recreation programs. Consensus to support
18. Housing and Conservation Planning Program Consensus to support
Policies remaining pertained to Planning and Environmental Quality. The Council will seek the recommendation of the Planning Board for these policies and review them at a later meeting. Councilor McCue and Councilor Lafleur expressed interest in being at the policy conference on September 12.
There were no new Policy Proposals at this time.
School Department Surplus Request
Councilor McCue established five points regarding the school surplus that he thought needed further discussion:
1. Consideration of "honoring the deal"
2. Purchase school buses as a capital item
3. Fuel oil has to be addressed.
4. What can be used for tax relief ?
5. Undesignated Fund Balance (UFB) needs to be replenished as well.
He emphasized that the Council does not want to discourage any board, agency or department from turning in a surplus.
Mayor Bertrand asked for clarification regarding the tax rate and whether the Council is passed the point of no return. Mr. MacQueen reported that the tax rate is set at the DRA in September and surplus is automatically absorbed into the UFB. Any time the City Council wants to use the UFB, whether to lower taxes or for a project, they can.
Several Councilors reasoned that there was no agreement with the School Board to return any portion of the surplus. Increasing the UFB and leveling the tax rate were high priorities for use of the school surplus funds. Mr. MacQueen noted that if the surplus is counted as a revenue in this fiscal year, that revenue will not be there next year and could cause a tax increase.
Councilors clarified that the motion made for the school to provide a line item budget does not give the Council control over the line items; it simply gives them the information to make decisions. The policy will be for the schools to submit a budget in the same format as every other department.
Mayor Bertrand recessed the work session for a 7:30 p.m. Public Hearing
Resolution 2008-21 for the Sale of 383 & 385 Burgess Street to Stephen and Stephanie Fortin for $3,000
Stephanie Fortin, commented that she and her husband have plans to make it look better for all of Burgess Street.
Andre Caron, Housing Coordinator stated that he applauds the Fortin's enthusiasm and encourages the Council to pass the resolution.
Resolution 2008-22 Accepting $6,000 Grant from HCHC and Appropriating to the Health Department. There were no comments.
Resolution 2008-23 Authorizing an Application to EPA for $200,000. of Brownfield Grant Funding
Andre Caron, commented that this is a unique opportunity and puts the City in direct line to work with the EPA. Doing Phase 1 and 2 studies would put the City in a better position to get clean up funds.
Following the Public Hearings, Mayor Bertrand continued the work session.
School Department Surplus Request (Cont.)
Councilor Poulin stated that he had asked, during the budget process, for an analysis of the school buses and whether it would make sense to lease buses. He would still like to have that answer. Councilor McCue stated that he would be willing to give this another week and then to address the points put out there.
Route 110 Phase II Discussion
Mr. MacQueen explained that the prior Council supported 4e as its preferred route for Phase II of the Route 110 project. The State is looking for guidance on whether this Council still affirms 4e or 2 as supported by the state. Once 4e was developed by the State, the Planning Board and City Council supported it because it does not go through the middle of the neighborhood. The DOT wants to spend $50,000 on a study of the route; $80,000 on a sociological study; and they want the City's position on acquiring properties with no direct impact.
Mayor Bertrand confirmed that any additional money spent would mean that the City pays 20%. The purpose of rehabilitating Route 110 is to facilitate truck traffic through the City and get truck traffic out of residential neighborhoods. He hoped that the Council would continue to support 4e.
Ms. Laflamme reported that a "windshield assessment" of the neighborhood was done where 75% of the buildings were considered contributing to the historical nature of the area; now that an actual study has been done, that number has gone to 90% are considered contributing structures. Councilor Donovan suggested inviting the DOT Commissioner to a Council meeting
Councilor Lafleur requested that new councilors get the information from the previous public hearings. The sentiment of the public was to get something done. Mayor Bertrand suggested that a strongly worded letter of support for 4e go out when a final vote is taken by the Council.
Vietnam Traveling Wall Request
In a letter addressed to the City from the American Veterans Tribute Committee, the veteran's organization is asking for assistance to bring the Vietnam Traveling Wall to Gorham, NH. Councilors agreed that it is a wonderful project and encouraged everyone to see it. Councilor Donovan moved to appropriate $1,000 from Council Contingency to the effort; Councilor McCue seconded and the motion carried unanimously.
Housing Authority Membership - a legal opinion requested from the Local Government Center is not ready yet.
Meet with Norm Charest
Councilor Donovan indicated that he requested a meeting with Mr. Chares to discuss his comments during a radio broadcast regarding Success. Mr. Charest explained that he had heard rumors that the National Guard was interested in Success going back 6 months to a year; he did not give them much credence. When NHPR called they asked about the idea and he commented that it was a "square peg in a round hole." He added that his comment was taken out of context.
Mayor Bertrand established that if one is speaking on behalf of the City of Berlin, he has a preference that no opinions are given unless the Mayor and Council have so directed. He requested that sentiment be heard from the body before offering opinions. Mr. Charest noted that he could err on the side of caution and not comment.
Mayor Bertrand informed the Council that the City Manager, City Planner and Mayor met several months ago with the National Guard who came and made a presentation about their idea for Success. The presentation was in its early stages and the group was asked to keep the conversation in confidence. Council members did not know anything about it.
Councilor Cayer asked to see a job description for the economic director, who he reports to, and how information is suppose to flow from one department to the other. Mr. MacQueen noted that any potential developer is treated the same and if they ask that information be kept confidential, that request is honored. If the Council makes it their policy to be informed of every development, then a potential developer would have to be told that whatever information they share would be passed on to the Council. Councilor Donovan suggested that a policy be developed. Councilor Lafleur asked if the County has been approached. The issue will be discussed July 28 at a meeting about economic development.
Councilor Goudreau found fault in the process as a whole of how the Council finds out about things on short notice and how they are asked to make decisions.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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