Work Session
November 3, 2008
Present at the meeting were: Mayor Bertrand, Councilors Lafleur, McCue, Donovan, Poulin, Goudreau, Cayer, Evans and Remillard. Others present were Pamela Laflamme, Andre Caron, Laura Viger, Patrick MacQueen, media and public
City Council Policy re: Public Comments
Councilor Donovan noted that before the discussion occurs, the issue has to be removed from the table. Councilor McCue moved to remove the motion, tabled at the October 20, 2008 meeting, from the table; Councilor Goudreau seconded and the motion carried.
The motion removed from the table was restated as: Councilor Donovan with a second from Councilor Remillard moved to amend Council's Policies to allow Council response during Public Comments.
Councilor Goudreau stated that it is awkward to follow the procedure and he would support changing it if the Mayor remains in control. Mayor Bertrand added that the Council would want to avoid getting into public debates. Councilor McCue stated that the policy assures that the public has the opportunity to express themselves without interruption.
Councilor Lafleur indicated that his concern is that a rebuttal could be made and attributed to the entire Council without being discussed among all members. Councilor Goudreau suggested that after the public comment, the Mayor could ask if there are any council comments. Councilor Evans established that Public Comments that are countered by Council member could give members of the public a chill and feel like they should not comment. Councilor Donovan acknowledged that the Council is professional and respectful.
The vote on the motion resulted in the motion passing with Council members voting affirmatively with the exception of Councilor Lafleur who voted against.
Neighborhood Stabilization
Ms. Laflamme reported that the Neighborhood Stabilization Program is Federal funding being allocated to States to deal with homes in foreclosure, sub-prime mortgages and homes that are at risk of foreclosure. NH is receiving $19 million.
A coalition has been working with the Community Development Finance Authority for the last 4 weeks and has been refining the elements of the plan to use the funding. The State is prioritizing communities based on the number of foreclosures, subprime mortgages and risk for future foreclosures. Berlin is at the top of the list as the highest need community in the state.
The list of needy communities is: Berlin, Rochester, Manchester, Nashua and Derry who would share $12 million. Berlin is prepared to accept money like this because needy neighborhoods have been defined. We have lists of properties, their status and what it would take to bring the properties back if they can be rehabilitated. The current schedule is that the plan has to be to HUD by December 1, they will review it and release funds by February 13; then there will be 18 months to commit and four years to spend. This is the first money that allows demolition and the funders have stated that the money is made for Berlin.
Mr. Caron reported that there are six properties in the City's possession that could use the grant funds. We would like to support owner occupied multi-units and get away from the trend of flipping the tenement housing. On Friday of this week Mr. Caron and Ms. Laflamme will go to Concord to demonstrate a multi-million dollar approach to using these grant funds to stabilize neighborhoods in Berlin. Mr. Caron noted that this funding does not preclude asking for housing money in the budget next year. City funds would be used for properties that do not fit into the program. He asked that the City Council authorize a letter of support to be given to CDFA in the comment period on the rules.
Councilor Lafleur asked about 260 Main Street and learned that grant funds are not intended for that building. It will be demolished at the earliest possible date. Councilor Donovan questioned whether this means that there will be a change to the distribution of CDGG funds, referring to the State rule that does not allow the use of CDBG money for demolition. He questioned whether these funds can be put into a revolving loan program and he was informed that it is a funding opportunity that needs to be spent down.
Mr. Caron indicated that the CDBG rule was put in a long time ago and it can be shown that it hurts the North Country. The grant, due to its time frame will be worked on first and we also want to work to change the rules.
Councilor McCue asked about the grant's administrative fees and Ms. Laflamme confirmed that HUD has rules in place stating what is allowed under admin fees. She also established that public hearings will likely be a requirement of the grant.
It was the consensus of the Council to write a letter in support of this initiative to be signed by Mayor Bertrand.
Review Resolution to Discontinue a Portion of Mercier Street
Ms. Laflamme referred to a map of Mercier Street in the packets. She explained that a portion of Mercier Street is separated from the traditional Mercier Street. There are two houses, one occupied and one property is vacant. If the street were discontinued, the BWW would want to retain an easement for their water line.
The citizen request is for the city to abandon the paper street and the property would revert to the abutters on either side of the paper street. Councilor McCue confirmed that addresses of both properties would be on streets other than Mercier. He added that though the resolution states an easement for BWW, there should be a recorded easement.
Councilor Remillard reasoned that the City would lose an access to the Dummer Yard land if the street is closed. Ms. Laflamme said that there are several other accesses to the Dummer Yard land and that access is not a real concern to the future development of the property. Councilor Donovan did not see the benefit of this exercise.
Mayor Bertrand considered the area private property and said that the city would not have the responsibility of maintenance if the street were discontinued. Ms. Laflamme explained that the initial reason for the concern was safety and the use of the private driveway by ATV's to get to the Success trails. If the street is discontinues, the citizen would have the recourse of putting up a fence and treating the property as private property. Councilor McCue noted that if Dummer Yard becomes something, the City could still lay out a street if necessary. By discontinuing the street, the City gets rid of the plowing responsibility; it makes sense to shut off and be done with it.
Councilor Cayer stated that the City claims to want to be ATV and snowmobile friendly. Is this the only access? Are we going to address and see if there is another access? Councilor Donovan moved to table the issue and to direct the Police Department to report on what they feel would be the recourse to having ATV access on Mercier Street; Councilor Evans seconded and the motion carried with Councilor McCue opposed.
Copier Contract
Mr. MacQueen explained that because the copier contract would go out for three years and goes beyond the current budget, the Council needs to approve. The copier being lease/purchased is two years old and is a former State copier. Councilor Goudreau moved to authorize the lease/purchase; Council Poulin seconded and the motion carried.
PWD Surplus Truck
In a memo, the Public Works Director asked to purchase a Federal surplus truck that is currently a tanker. PWD would have a dump body put on it. This requires approval of the Council due to waiving the bid process. Councilor Goudreau moved to purchase the truck; Councilor Poulin seconded and the motion carried. Councilor McCue asked where the body is coming from and how much it will cost. He also questioned what happens to the gear that is on the truck.
MRI Contract
Councilor Donovan stated that he requested this item on the agenda. Mayor Bertrand acknowledged the existing arrangement with MRI for City Manager services. Councilor Donovan alleged that the existing contract for city manager services was renewed without the approval of the city council though the item was in a budget that the council approved. He stated that it is time to hire a city manager that serves at the pleasure of the city council. He questioned whether the City Manager is working for the Council since there is someone else he works for. The issue will be discussed at the retreat.
Councilor Goudreau reasoned that you get what you pay for and the City should not be looking for someone starting or ending their career. If we want to get a professional, it will be six figures in the base, and then add $30,000 for a benefit package. The move would likely save about $15,000. Mayor Bertrand questioned whether the expectations of the council have been defined. If a city manager is hired, we need a job description and expectations.
Councilor McCue made it clear that his understanding of the current situation with MRI is that there is an agreement on an at will basis and the Council was fully on board and aware. The only condition is a 60 day notice if either party decides to part ways. He went on to agree with the Mayor that there is no guidance or job description. This Council is asked to replace the current staff but what will it be replaced to? He was hoping that those who are pushing for the change will come up with job descriptions. If there is a problem, we need to know what is broken and how to fix it or we will be wasting a lot of time and money.
Councilor Poulin noted that he is seeking information and he doesn't want to get someone new if it's not necessary. The retreat will create direction and marching orders to the manager whether that is the existing manager or a new one. MRI can help us look for someone different. He wants to know the cost of an MRI search as well as how to transition and gather options for any changes.
Councilor Donovan moved to ask MRI to present the Council with a process to hire a City Manager including a job description; Councilor Poulin seconded and the motion carried 6/3; Councilors Lafleur, Remillard and McCue voted against.
There being no further business for the work session, the meeting moved on to the regular session at 8:00 p.m.
There were no public hearings.
REGULAR MEETING - MONDAY, NOVEMBER 3, 2008
Mayor Bertrand called the Regular Meeting of the City Council to order at approximately 8:00 p.m. The pledge of allegiance to the flag preceded roll call. Present: Mayor Bertrand, Councilors Lafleur, Donovan, McCue, Evans, Goudreau, Donovan, Poulin, Remillard, and Cayer.
Minutes, Previous Meetings: Councilor Lafleur moved with a second from Councilor Poulin to accept the minutes of the 10/20/08 Work Session and Regular Meeting; and 10/27/08 Work Session. So moved, the motion carried.
Disbursements: It was recommended by the Committee on Accounts/Claims that all bills start date 10/23/2008, end date 11/5/2008, for a total cash disbursement of $1,306,601.73 Draft #1578 be paid. Councilor Donovan moved with a second by Councilor Lafleur 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 not comments
OLD BUSINESS:
1. Council Committee Reports
The following report reflects the recommendations of the Traffic Safety Committee meetings of October 20, 2008 and October 27, 2008. Councilor Donovan reported the Committee's recommendations.
1. Page Hill Road
Recommendation: The Committee took no action with respect to this item
2. Unity Street/Community Field Parking Issue
Recommendation: The Committee felt that the best thing was for Laura to come back with a parking plan and Brian should research the issue also. It was also requested that the TS minutes from 97 to 99 be reviewed for any parking changes on Unity Street
3. Building Block Day Care Parking Request
Recommendation: Councilor Lafleur moved and Councilor Cayer seconded a motion to recommend that the Council deny the request. The motion was approved unanimously
4. Request for 4-way Stop at Cheshire and Grafton
Recommendation: Councilor Cayer moved and Councilor Lafleur seconded a motion to recommend putting up some type of "blind intersection" sign warning residents of that intersection. The motion was approved unanimously
5. Upper Pleasant Street Parking
Recommendation: They felt that the PD speed trailer might be useful there, but did not feel that any further action was appropriate
6. Hillside Avenue Crosswalks (from 10/27/2008)
Recommendation: Councilor Lafleur moved and Councilor Cayer seconded a motion to recommend that the School include the High Street parking overlay project in their CIP and that it might be considered a joint project between the City and the School. The motion was approved unanimously
Councilor Cayer moved and Councilor Lafleur seconded a motion to recommend that the northern crosswalk be eliminated on High Street and School Streets and to recommend that the Council pass an ordinance to adjust the "no parking" from the current signing for both crosswalks to simply "no parking" for one space on either side of the remaining crosswalk on the west side of Hillside Avenue. The motion passes unanimously
Councilor Poulin disagreed with the findings of the committee on #4. He suggested having a Yield sign going up Grafton Street since there is no signage going up and Cheshire Street has no signs at all.
Hillside Avenue crosswalks across from Washington Street will be reduced from two crosswalks to one. Mayor Bertrand asked for a map and review of what the current conditions are and proposed changes to the intersection.
Councilor Poulin moved to accept the recommendations of the Traffic Safety Committee with the exception of #4 and #6 that will be sent back to the committee for more study; Councilor Lafleur seconded and the motion carried.
PROCLAMATION
Mayor Bertrand, with the consensus of the Council, modified the agenda to read a proclamation declaring the week of November 3 through November 7 National Key Club Week in Berlin, NH. Adam Mozisek President of Key Club and Danielle Durant were at meeting and accepted the signed proclamation.
NEW BUSINESS:
2. 2008-14 Ordinance Amending Chapter 19 to Accept the Provisions of HB1651 Allowing Partial Property Tax Exemptions to Foster Commercial and Industrial Construction
Councilor Donovan moved with a second from Councilor Goudreau to table the ordinance and schedule a public hearing for November 17, 2008. So moved the motion carried
3. 2008-33 Resolution Authorizing an Application to the NH Dept of Safety for $5,000
Councilor Lafleur moved with a second from Councilor Poulin to table the resolution and schedule a public hearing for November 17, 2008. So moved the motion carried
4. Communication from Caron Building Center
In a communication to the City Council, Mr. Caron is asking for a "no throughway" sign. Councilor Donovan moved to send the issue to the safety committee; Councilor Poulin seconded and the motion carried.
5. City Manager's Report
Neighborhood Revitalization Program. The Neighborhood Revitalization Program funded by CDBG is well underway. It has injected $112,000 of funds into the local economy and is in the process of rehabilitating the first ten homes.
BWW Payment Councilors received a copy of the correspondence by the BWW to the City for the paving work which was accomplished by the City on Western Avenue. The total job was $197,900 and BWW's share was $122,684.76 which it has paid.
County Tax Warrant Councilor received a copy of this year's Coos County Tax Warrant to the City of Berlin. Berlin's share of the County Tax has been calculated to be $1,584,264 and it must be paid before the 17th of December.
Development of Regional Impact As the Council is aware, Northern Community Investment Corporation has been spearheading a Broadband Project for the North Country. We have been notified of a public hearing on five 92.5' poles
State Budget Issues State Budget problems always create problems for municipalities. Chris Dwinal of Wright-Pierce informed that State Aid Grants (20% money for wastewater projects) are likely to be cut for the next couple of years. It will be necessary for us to be contacting all of our state representatives to impress upon them the need to do whatever they can do to protect this funding.
Public Works Monthly Report was presented.
Berlin Vet Center. Mr. Errol Newton left off a notice of new veteran's center which will provide readjustment counseling services for combat veterans and their families. This center will be located at 515 Main Street, Suite 2 in Gorham and will have its Grand Opening on Friday November 14, 2008 at 10am. Wendy Myerson is the Office Manager and she can be contacted at Wendy.Mayerson@va.gov or 752-2571.
Managers' Timekeeping was presented.
Councilor Donovan asked if the street paving is complete on Hinchey Street and on Madigan. Mr. MacQueen reported that he is not certain but he will find out. Councilor Donovan stressed that paving from curb to curb needs to be enforced.
Councilor Donovan moved with a second from Councilor Remillard to approve the City Manager's Report.
6. PUBLIC COMMENTS - there were no comments
7. COUNCIL COMMENTS
Councilor McCue commented that he attended an EPA Clean Up Grant meeting at the Heritage Park. It was reported that the east and west wings of the research building are going to be renovated and a museum and visitor center created. He went on to say that he will attend the Annual Meeting of local government center and participate in the LGC conference next week.
Councilor Lafleur commented that Berlin High School held a mock election and he thanked Laura Viger and Debbie Patrick for the voting booths as well as the media for covering the event.
Councilor Goudreau wished Mr. Caron and Ms. Laflamme well on Friday. He thanked Mike Perreault for explaining why we salt before plow.
Councilor Goudreau stated that Berlin has a reputation of not being friendly to commercial use and that our process makes it tough to get approval. In the banking industry, when it was appearing that loan officers were too conservative, their power to deny was taken away. Berlin may need that type of micromanagement for a while.
Councilor Poulin agreed with the idea and said that it would solve a lot of problems. It would change the mentality and would infuse the views of the Council.
8. Mayor's Report
a. Appointments to the Home Health Professional Advisory Board
Mayor Bertrand recommended the following three year appointments to the Board: Dr. Carol Ribner; Nancy Pickford, RN; Claire Fox, Licensed Physical Therapits; Paul Lister, Licensed Speech Therapist; Helene Gagne, Patient Services Staff; Susan Godin, Supervisor IV HHS; Elaine Belanger, LPN, BA; Cindy Griffin, RN; Councilor Goudreau moved to approve the Mayor's recommendations; Councilor Poulin seconded and the motion carried.
Mayor Bertrand asked for a confirming vote that Councilor McCue will represent the City at the LGC's Annual meeting and vote on behalf of the City. Councilor Donovan so moved; Councilor Poulin seconded and the motion carried.
Councilor Donovan suggested that if needed, the Council Contingency fund could fund additional provisions for election workers.
Councilor Poulin moved to accept the Mayor's Report; Councilor McCue seconded and the motion carried.
9. There being no further business to come before the Council, Councilor Poulin moved to adjourn; Councilor Cayer seconded and the motion carried. The meeting ended at 9:25 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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