City Council Work Session
April 13, 2009
Present were: Mayor Bertrand, Councilors Goudreau, Donovan, McCue, Remillard, Poulin, Evans, and Cayer; absent was Councilor Lafleur.
Others present included: Barry Kelly, Paul Grenier, Tony Urban, Pete Morency, Ralph Collins, Jon Edwards, Andre Caron, Chris Jensen from, NH Public Radio, Bill Gabler, Pamela Laflamme, Blandine Shallow, John Moulis, Marion Huntley, Nicole Plourde, Brian Leclerc, Nathan Morin, media, public
EFSEC Process
Mayor Bertrand called the meeting to order at 6:30. In anticipation of an application to the State Energy Facility Site Evaluation Committee (EFSEC) by an energy company who plans to develop on the former Fraser mill property, representatives of EFSEC were invited to educate the Council about the State process. Tim Drew and Craig Wright would give a synopsis of the process.
Tim Drew opened by introducing himself as the Public Information Spokesperson for EFSEC at DES. He and Mr. Wright could not comment on current or future projects, but could use examples from projects already complete. The EFSEC process is described in RSA 162-H.
Mr. Drew described the history of the process saying that Aristotle Onasis wanted to build an oil refinery in coastal NH in 1974 and the legislature enacted laws to address issues and impacts from such proposals. The purpose of the legislation is to be ready when there is a major project, making sure energy availability, the economy, and environment are in balance to do the project.
The EFSEC Committee consists of three members from Department of Environmental Service (DES); four from the Public Utilities Commission (PUC); three from Resources and Economic Development (DRED); one from Health and Human Services (HHS); one from Fish and Game; one from Energy & Planning and one from Transportation (DOT). HB 55 may add one person from Cultural Resources bringing the Committee to 15 members.
When an application is filed with EFSEC, the Department of Justice (DOJ) appoints an assistant attorney general as counsel for the public. The attorney represents the public in seeking to protect the quality of the environment and in seeking to assure an adequate supply of energy. This attorney will consolidate public issues and is provided at no charge to the public.
There is a standard application process that allows EFSEC nine months to complete its process. It begins with the formal acceptance of the application by EFSEC and then a public information meeting is held, followed by State agency reviews and adversarial hearings. The final step is the EFSEC decision. Appeals go to the Supreme Court. Renewable energy projects are on a quicker timeline; however all timelines stated in the RSA begin from the date the application is accepted by EFSEC.
Mr. Wright noted that State officials have offered a pre-application meeting to anyone who wants it. This is not with the members of the EFSEC but with knowledgeable State officials who can comment on the content of the application.
EFSEC can be brought in by petition of 100 registered voters from the host community or from an abutting community or by two boards of selectmen from abutting communities. Comments from the public are usually contained in the conditions on the certificate.
Craig Wright introduced himself as the Assistant Director for State Air Resources. His division will conduct a review of air emissions under the EFSEC deadlines. The air permit protects and improves air quality and will control stationary sources of emissions.
Air emission limits are set by following 42 chapters of air regulations, following national performance standards and reviewing project specific performance standards as well as being health based. Air emission modeling is conservative and meant to be protective of the public health and welfare. Modeling is very site specific and looks at local terrain and weather conditions. EPA keeps track of what is coming out of stack with continuous emissions monitors; periodic emissions testing; witnessed tests on site; and emissions reporting annually.
Councilor McCue asked if issues with noise would fall under the permit and if they were regulated, who would take action against an offence. In response, Mr. Wright noted that noise is a subjective issue and in past projects it has been regulated with decibels limits. EFSEC would turn to the appropriate division in the State to investigate and take action.
Councilor Goudreau questioned the modeling used to determine emissions asking what if it’s wrong? Mr. Drew commented that the State has confidence in their modeling because it is very conservative and is more likely to over predict the impact to protect public health.
Councilor Donovan asked what level of impact the city’s concerns will play in the process. Mr. Wright established that the City can be a general intervener and a full party to all the proceedings. The City will have input on studies necessary and can participate in adversarial hearings. Councilor Donovan confirmed that impacts on the general population are considered. Mr. Wright affirmed that the managerial ability of the staff of the facility is considered so that the community is not stuck with it.
Mayor thanked Mr. Drew and Mr. Wright for coming, saying that the meeting was very informative.
Changes at Northern NH Correctional Facility (NNHCF)
Mayor Bertrand noted that a concerned citizen brought up her concerns at the last Council meeting prompting the Council to ask Chief Morency for input. Chief Morency stated that Warden Blaisdell would not be coming to the meeting this evening; however he had information to relay regarding the proposed changes at the facility.
Chief Morency reported that he spoke with Corrections Commissioner Bill Wrenn who acknowledged the department has made some changes that add efficiency without reducing security.
Councilor Donovan who is a member of the NNHCF Citizens Advisory Board, was confident that Commissioner Wrenn would not propose anything that would pose a risk to prisoners, staff or public. The ratio of correctional officers to prisoners is mandated.
Councilor Remillard asked if prisoners being released will be returned to the area where they came from. Councilor Donovan asserted that, regardless of budget cuts, a prisoner who is released is given a bus ticket and returned to their home town.
School Budget Discussion
Mayor Bertrand described the School Board’s obligation under the law to provide notification of termination of employment to their employees prior to April 15. If staff members are not “pink slipped” then the City is obligated to provide them with a position. The Council’s concern is that, should the school budget be cut to a degree beyond what was prepared for, the schools would have to cut operations rather than staffing.
Mr. Couture indicated that, in anticipation of a flatline budget, teachers have been pink slipped and if the budget is kept intact, five positions would be returned. He warned that if Council were to implement the 7.5% cut, the Board would have to know that tonight. Mr. Couture stated that there is an additional $1.1 million coming from the State for education aid. Councilor Evans noted that it is still his intention to have the schools submit a budget with no effect on the tax rate. Ms. Plourde added that the school board presented a sound educational budget and made drastic cuts.
Mr. MacQueen clarified that if spending goes up, taxes go up; that is why the budget is based on expenses. If the schools were to operate under only their own revenue, spending increases would impacts taxes. Councilor Goudreau acknowledged that the only thing the Council can control is the operating expenses. If the schools were to be level funded, the Council still has to find $1.4 million to bring the tax rate to last year’s rate of $29.82.
Councilor McCue affirmed that out of 7 pink slipped teachers, 5 will come back if the proposed budget s adopted. Those positions will come about as a result of reallocating resources to a network coordinator, and a computer teacher which are positions that have never been funded. Grants have funded reading interventionists’ positions and the grants have run out; those positions will be filled as well.
Councilor Poulin expressed concern that the School Board is not “pink slipping” more people to be prepared for additional cuts. He asked to know what the surplus is at this time. Mr. Morin replied that the number is not available at this time.
Ms. Plourde made the point that the Board is being pulled from different directions with mandates from the State such as school accreditation at the high school.
Councilor Remillard stated that she appreciates the steps taken by the Board. She added that if we keep decreasing the education budget, we will jeopardize the education of our children and people coming into the city may not be impressed that class sizes have 22 students.
Mayor Bertrand agreed with Councilor Poulin stating that we have to anticipate the worse and hope for best. He established that the Council is charged with doing what is best for all citizens and to have a tax rate they can live with. Mr. Couture feared that if teachers are “pink slipped” they would be seeking other jobs.
Ms. Huntley reminded the group that the 7.5% cut was only one of goals of the Council and perhaps capital improvements can be worked with to improve the overall picture. Councilor Poulin advised that the budget would be done by 6/15 and for four weeks a teacher with a pink slip will be on the fence. It is possible that they would stay and see how it shakes out.
Councilor McCue voiced that this new Council vowed that the days of automatic tax increases were going to stop and capital improvements cannot continue to be left out. There was direction set and a clear mandate as to what we had to do.
Councilor Evans moved that the minimum budget for the schools would be $14,814,000.24 for fy 2010; Councilor McCue seconded and discussion ensued. Councilor Donovan stated that the motion cannot be binding because there is a Charter process to imposing a budget.
Councilor Evans proposed to amend his motion to say that it is the intention of the body to fund the school budget at 14,814,000.24 or more in fy 2010. Councilor McCue proposed that the School Board come in with the 7.5% cut and the figure can be amended from there. Ms. Plourde reasoned that such a move will get everyone upset for nothing. Mr. Couture added that a budget of $14.8 million would have all extracurricular activities cut.
Councilor Donovan expressed that he warned about setting a number to cut; he advocated a needs budget and working from there. He went on to say that he supports the full school budget request and the city should attribute it to the cost of doing business.
Mr. Leclerc asked where the 7.5% number came from and Mr. MacQueen explained that the Council passed several budget goals including a flat tax rate and in order to achieve the flat tax rate it was determined that every department had to cut 7.5%. It was an exercise for every department.
Councilor Evans withdrew his motion.
Mayor Bertrand asked if the school unions would take concessions to save jobs and Mr. Couture commented that there are no unions doing this. Councilor Goudreau proposed a straw poll to suggest that the School Board pink slip an additional ten positions so that options to cut the school budget further remain open. The straw poll resulted in the consensus of the majority of the Council to “pink slip” an additional ten positions. Councilors Cayer and Donovan did not support the proposal.
Request for Release of Partial Mortgage Deed for Cornerstone Project
Mr. MacQueen explained that the city took the mortgage on the Cornerstone Project to insure the credit line and to be sure HUD requirements were met. The building has since been subdivided into condominiums with the upper floor mandated to remain housing for twenty years and the bottom floor needing to transfer to CAP. This release would allow the transaction to take place. Mayor Bertrand confirmed that the city is not out any money.
Councilor Donovan moved to release the partial mortgage deed for the Cornerstone Project; Councilor McCue seconded and the motion carried.
Other
Jericho Park Land Transaction. Mr. MacQueen had a letter of support for the exchange of land that would make a piece of land within the Jericho Park that is now owned by the U.S. Forest Service, part of the State Park. There was support for the concept at a previous meeting but the Council wanted to see the letter prior to it being sent out.
Councilor Evans moved to authorize the City Manager to sign the letter of support and send it to the Forest Service; Councilor McCue seconded and the motion carried.
Half Day Meeting. Councilor McCue questioned whether a date had been set for a half day meeting. Mayor Bertrand noted that he would choose a date in the next few days.
Fuel Oil. Councilor McCue confirmed that the City awarded the #2 fuel oil contract to CN Brown and diesel has yet to be awarded. Mayor Bertrand reported that he had received a call from Mr. Munce about the City’s bidding process. The City obtained prices through Our Town Energy Alliance and the contract was awarded by vote of the City Council to waive the formal bidding process.
Tourism Expo, Yarmouth, Nova Scotia. Councilor Donovan explained that there is a NH delegation taking part in the tourism expo to be held at the airport in Yarmouth, Nova Scotia. He asked if the Airport Authority would consider a donation to pay for fuel for the trip. This is an economic development initiative that may result in a charter service that would use the Berlin airport on a regular basis. The jet that would be flying to Berlin holds 17 people and would be coming Saturday morning from Halifax, Nova Scotia. Mayor Bertrand estimated that fuel cost for such a trip will be quite high. Councilor Donovan noted that he would try to get a straw poll by telephone if the plans come together.
Non-Public Session
Councilor Remillard moved to go into non-public session per RSA 91-A:3 II (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 Remillard moved to come out of non-public session; Councilor Goudreau seconded and the motion carried unanimously by roll call.
Councilor McCue moved to seal the minutes of the non-public session as releasing them may render the proposed action ineffective; Councilor Remillard seconded and the motion carried.
Councilor Remillard moved to adjourn; Councilor McCue seconded and the motion carried. The meeting ended at 9:45 pm.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
| 
