Work Session
June 1, 2009
Present were Mayor Bertrand, Councilors Evans, Goudreau, Cayer, Poulin, Remillard, Lalfeur, Landry and McCue. Staff members present included: Blandine Shallow, Pamela Laflamme, Patrick MacQueen, Debra Patrick, Marion Huntley; others present were: Norm & Sue Small; Lorraine Leclerc, Roberta Remillard, Felix Pisani, Ralph Collins, media and public.
Concert Permit Request from Norm Small
Councilor McCue moved to approve the application for a special permit for the concert series presented, Councilor Goudreau seconded and the motion carried unanimously.
Update of School Assessment Study
Mayor Bertrand reported that he read an assessment of consolidating schools done six years ago by MRI. He questioned whether the City should approach MRI to see what it would cost to update the assessment.
Councilor Lafleur commented that the request is not out of line however; discussions have included school boards and he suggested that the Boards of both Berlin and Gorham be consulted prior to action by the Council.
Mayor Bertrand offered to write a letter to both school boards. Councilor Lafleur moved to have the Mayor draft a letter to the two school boards approaching the subject of a consolidated school district; Councilor McCue seconded and the motion carried.
BIDPA Appointment
Councilor Evans indicated that after a leave of absence from serving on the BIDPA Board, he is prepared to return. Mayor Bertrand noted that he will make the appointment during the regular meeting. Councilor McCue thanked Councilor Remillard for filling the seat in the interim.
Discussion of Budget Issues
Mayor Bertrand stated that the budget resolution is on the agenda for the first reading. Council can review and make recommendations to amend the budget.
Councilor McCue requested the numbers on the effect to the tax rate to increase the Recreation and Parks budget and the Health Department budget to the Department’s request or to a flat line budget. Mr. MacQueen relayed that it would be an increase of about .18 to .20 on the tax rate.
Councilor Lafleur moved to reduce the PD by $25,000 and adding those funds to the Recreation and Parks Budget; Councilor Evans seconded. Councilor Landry confirmed that the PD would choose what line items would be reduced. Mayor Bertrand made the point that cutting the budget is done by majority vote; however increasing line items takes a 2/3 majority.
In discussion that followed, Councilor Goudreau did not think it appropriate to reduce the PD. Councilor Poulin made the point that $25,000 would not fully fund the increase to Recreation and Health. He preferred to fund the increase from the Unappropriated Fund Balance (UFB)
Councilor Remillard voiced that she would be in favor of taking the funds from the economic developer line item and the remainder from UFB. Councilor Cayer established that he won’t agree with decreasing the Police Department but would take the needed funds from the UFB.
Councilor Goudreau indicated that he is a strong supporter of having the UFB at 5% and what is needed beyond that would be funded with a tax increase. He expressed disappointment in the process, noting that the 7.5% cut should have been reviewed at an earlier stage.
Councilor McCue stated that during the budget sessions, he specifically raised the issue of the Community Services budget and the Council had no problem with it. The information in the letter to the editor was in the narrative of the budget. Councilor Lafleur emphasized that the running track and Memorial Field need to be adequately funded so that they can be maintained.
Councilor Evans also expressed concern that going to the press rather than the Council was what he viewed as a breach of protocol. Councilor Landry voiced that he was not on the Council during the budget process but he knows the Recreation budget is very tight and very important. He would like to see the budget raised without taking funds from the Police Department. He acknowledged reading the information in the letter to the editor in his budget book.
With the discussion complete, a vote on the motion to reduce the police department by $25,000 failed. A roll call vote resulted in three affirmative votes, Councilors Lafleur, McCue, Evans, and six votes against
Councilor Goudreau felt that it is time to appropriate $100,000 towards supporting economic development activities in the City of Berlin from which funding for the current economic development contract would be taken. This fund would be in place until the Council is ready to hire a full time Economic Development Director.
Councilor Goudreau moved to fund the Economic Development Director line item at $100,000 for economic development activities and to reduce the CAP contract by $25,000. Being reminded by Mayor Bertrand that increasing a line item will take a 2/3 vote and the reduction can be done by majority vote, Councilor Goudreau withdrew his motion.
Councilor Goudreau then moved to increase the economic development line item by $100,000 to provide economic development services and activities and eventually hire a full time economic development director; Councilor Remillard seconded.
Councilor McCue stated that he can’t see adding this increase without having criteria for an economic director and a search committee in place. Councilor Cayer confirmed that though this motion has been made and defeated, it can be made again. Councilor Remillard advocated to have one economic development director and someone for businesses to turn to who is working only for the City of Berlin. She noted that Norm could assist in this process and help the position take shape. This is not about eliminating Norm’s position but about having a full time economic development director.
Councilor McCue cautioned that this discussion implies that the City is abandoning the regional approach. He added that the current economic development contract is a “sweet deal” for the City and Norm Charest’s is not a part time position.
Councilor Poulin commended Councilor Goudreau for trying to get the ball rolling on economic development. He said he could support $100,000 but not this late in the process. When it comes to establishing a business in the City, we need to get out of the way of the business and not add delays to what is already a difficult process.
On the previous motion to fund economic development activities at $100,000, the motion was defeated by a vote of six to three.
Mayor Bertrand asked if there were other budget items that should be included in next week’s work session and Councilor Evans responded that he would like to propose reducing the Economic Coordinator to zero; and reducing legal services to $40,000. Further discussion of budget issues will be scheduled for the next work session.
Converting Full Time to Part Time.
Councilor Goudreau warned of the impacts of reducing full time positions to part time for retirees. If we knowingly allow free work, there could be stiff penalties. He did not support key positions such as the Police Chief and Comptroller being part time.
Mayor Bertrand noted that our city warrants and requires a full time comptroller and likewise police chief. In these cases, if the body chooses to keep the positions full time, we will run the risk of losing the individuals in those positions.
Councilor Goudreau moved to amend the budget to include sufficient funds to fund a full time comptroller and police chief; there was no second.
Mayor Bertrand suggested having the first reading of the budget this evening and further discussing the issues at the next work session.
Mr. MacQueen explained that with respect to Police Department, the Commission is under contract with the Chief in a part time arrangement. With respect to the Finance Director, he did not recommend a new hire; however it will be made clear that the position will have to be 34 hours and no more. If it does not work, a full time finance director would be hired.
Though the Retirement Board has been consulted, it is still not clear if the 34 hours is on a yearly average or on a weekly basis.
Councilor Goudreau commented that the finance director job cannot be done on a part time basis. If the position goes part time, the City Manager will be very accountable. Mr. MacQueen stated that we have an experienced finance director who knows Berlin well. Anyone new would have a learning curve. Mayor Bertrand advocated getting the numbers and information regarding the arrangements from the City, PD and if there are others considering the move.
Proposed Ordinance
Mayor Bertrand explained that at the last meeting Ordinance 2009-05 was not removed from the table. He asked if there were modifications recommended to the ordinance. Councilor Goudreau stated that he is not against the business being established. He felt that the project needed to go to the Zoning Board for a variance on lot size.
Ms. Laflamme reported that these questions were brought up by the abutter. These lots are vested lots. In the Business General Zone single family homes are permitted by special exception and if this were going to be a residence, 100 feet would be needed. This is a commercial use and a vested lot that the applicant is allowed to use.
Councilors Goudreau and Cayer reported that they viewed the site and are comfortable with the wording in the ordinance; it does not prohibit parking in front of the neighbor’s house. Councilor McCue stated that he is not comfortable with the non-conforming use and does not support one of the conditions of the application.
Councilor Landry indicated that we can’t be afraid of appeal and have to support small business. Council members supported moving forward with the ordinance process.
Non-public Session
At the conclusion of the regular meeting Councilor McCue moved to go into non-public session per RSA 91-A:2 (e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the body or agency or any subdivision thereof, or against any member thereof because of his or her membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled. Any application filed for tax abatement, pursuant to law, with any body or board shall not constitute a threatened or filed litigation against any body, board, or agency for the purposes of this subparagraph Litigation; Councilor Evans seconded and the motion carried unanimously by roll call.
Councilor Poulin moved to come out of non-public session; Councilor Cayer seconded and the motion carried unanimously by roll call.
Councilor Evans moved to seal the minutes of the non-public session as releasing them would or render the proposed action ineffective; Councilor Groudreau seconded and the motion carried.
Councilor Poulin moved to adjourn; Councilor Cayer seconded and the motion carried. The meeting ended at 9:28 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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