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City Council Minutes 08/31/2009 Work Session
Work Session
August 31, 2009

Present were:  Mayor Bertrand, Councilors McCue, Evans, Landry, Poulin, Remillard, and Lafleur.  Councilors Cayer and Goudreau were absent.  Others in attendance included Corinne Cascadden, Michael Perreault, Andre Caron, Kenneth Massey and Mike Adamkowski of Eckerd Youth Alternatives, media and public.

Request to Lease Bartlett School
Mayor Bertrand asked Mr.  Adamkowski to give an overview of Eckerd Youth Alternatives, Inc. who have requested to lease Bartlett School.  Mr. Adamkowski explained that Eckerd has been operating a day school in Berlin since 1996 that offers an alternative learning environment.  They feel that Bartlett would offer them the opportunity to partner with other non-profits and eventually have a community center of services that would keep the building in use.    

Mr. MacQueen asked if the school has to leave the current location.  Mr. Adamkowski responded that they are still negotiating and don’t know how viable the option is.  They don’t want to have students to serve and no place to serve them.  Councilor Remillard asked how many students are served.  Mr. Adamkowski indicated that enrollment is built on estimates of Berlin, Gorham and Milan and it has remained at 16 students.  There is a high teacher to student ratio of 1 to 4 or 1 to 3.  

Councilor Lafleur asked what Eckerd is and what it does for the students.  Mr. Adamkowski explained that the students are emotionally handicapped and not able to be served within the mainstream school system.  The school fills a need for an alternative day school and is far less expensive than a residential program.  They are non-profit and charge the school systems through tuition for their operating costs.

Councilor Landry asked if it is tax money that pays for the students and Mr. Adamkowski noted that students are entitled to a free and appropriate education and it is tax money that pays through the schools paying tuition for each of the students.  He added that there are six full time staff.

Mayor Bertrand indicated that the proposal would be discussed under non-public session.

Request to Waive Bidding Process for Pump Purchase
Mr. Perreault provided a memo asking that the bid process be waived in favor of replacing a pump with the same type that is there now.   The pump company recommends that pumps be sent out every three years for reconditioning and we have not kept up with that schedule

Councilor Remillard asked if there are other distributors who could do this work and Mr. Perreault explained that there is another distributor in Walpole, MA.  There is a need to standardize the pump we use as well.  Councilor Lafleur confirmed that this will have no bearing on the new pump station being built for the prison.  

Councilor Lafleur moved to waive the bid process for the purchase of a pump from Atlantic Pump and Engineering; Councilor Remillard seconded and the motion carried.

Wind Power Exemption per RSA 72
Councilor Evans reported that he had a constituent come forward asking that the Council consider adopting RSA 72 to exempt the added valuation of a windmill to a property.  He supports the idea of individuals taking this initiative and would support adopting the RSA that would basically ignore the windmill when factoring the assessment on the property.

Councilor Landry wanted to be sure that the homeowner and businesses are kept separate as he would not want to see a wind farm get tax exemptions from the City.  He asked if other towns have adopted the RSA.  Councilor Evans noted that the wind tower would have to be used to power their own house and if someone puts in a wind farm, the exemption does not apply.  

It was suggested that the Council gather their questions and get a legal opinion.  Mr. MacQueen established that the Local Government Center could likely answer the legal questions.  Councilors questioned whether a wind tower would decrease the value of the neighbor’s property and commented that they would not want to see taxable assessments go down.  

Councilor McCue expressed the need to get further information like what these systems cost and what they are assessed at.  In general there are other energy systems that people will be considering and; are we then opening the door to exempting other energy systems.  Where do we draw the line?

CIP Draft and Bond Discussion
Mr. MacQueen reported that the engineering on several projects is ongoing in anticipation of acquiring funding through State Bridge Aid or other sources.  Engineering continues on the 12th Street Bridge project; Hillside Avenue Bridge and Hutchins Street.  Unity/Shelby Street was never started because funding was to come from Clean Power.  The Bridge Street project is being halted with about $15,000 having been spent and no ability to get bridge aid for painting the foot bridge.  

Senator Shaheen was successful in getting $800,000 toward the Hutchins Street project.  Since there is bridge aid for the bridges, we will go forward with those projects.  We may also get another $400,000 in Transportation Enhancement (TE) funds.  The State has advised that they won’t have the Bridge Aid money until 2015 or 2016.   

Mr. MacQueen went on to say that he is trying to create two bond issues out of the projects in the capital improvement plan.  Six years of capital projects would be paid for in 10 years.  In this year’s budget there are $1.3 million of capital projects.  We did not adequately plan for $2 million for the Route 110 project and $1.2 for the rehabilitation of Hutchins Street.  The schools added projects that were not in the 2010 CIP and it becomes difficult to accomplish everything.  

Both bond issues will be about $5 million each.  Mr. MacQueen acknowledged that there are capital items that would not go in a bond issue such as police severance, and assessing and therefore we have to leave some capital in the budget to cover these items.  

Councilor Lafleur commented that due to the volume of traffic going over the 12th Street Bridge due to the prison project, the City should get additional assistance with bridge repair costs from the State.

Mr. MacQueen went through the project sheets.   He was looking for approval of the method used to get the projects for each bond issue.  If there are no major thoughts on changing direction, the Capital Improvement Plan will be put together for approval by the Planning Board and Council.  If the bond issues are close to what the Council wants, then staff will proceed by developing a resolution.  The City has the option of bonding with a bank, on our own, or to go out through the Municipal Bond Bank to borrow.  The City can also borrow in anticipation of borrowing.  

Mayor Bertrand indicated that the City will realize a savings if the salt shed is built as it will reduce heating costs at the garage and add to the safety of workers.  He referred to the $50,000 for playground improvements and questioned whether improvements to one of the fields should come first.

The consensus of the Council was that the approach is agreeable; however there may be changes to the specific projects proposed.  

Update on TIGER Grant
Mr. MacQueen explained that the City is applying for an ARRA grant that would take all city streets and bring them up to what they should be at a cost of about $14 million.  The grant would be written to include Milan, Dummer, Shelburne, Randolph and DOT District 1 and is likely to be for about $40 million in total.

All streets in Berlin have been rated by an expert and each street falls into a category from excellent to failed, based on software developed by the Army Corps of Engineers.  If the streets were re-paved through this grant, it becomes a question of maintenance and whether the City would be willing to spend $600,000 per year to maintain its streets.  

Mr. MacQueen’s understanding is that if the City were to accept this money to upgrade the roads, the City would have to make a good faith effort to continue to maintain.  In the discussion that followed,
Mayor Bertrand suggested that the good faith effort could be incorporated into the Master Plan.  Councilor Landry stated that it is a good opportunity for the city.  

Mike Perreault noted that Western Avenue was considered a “good” road and Highland Park Avenue, and Hutchins Street were “failed” streets.  

Other
Mr. MacQueen reported that he was contacted by the people who are buying the taxi company and they are questioning the insurance limits the City requires for taxis by ordinance.  There was concern from their insurance agent that they did not need general liability.  Mr. MacQueen indicated that he is following the ordinance; however if the Council wants to change the ordinance; that can be done.  In speaking with the City’s insurance carrier, they recommended that the company have $2 million rather than the $1 in the ordinance.

Non-Public Session
Councilor Poulin indicated that he would recuse himself from the non-public discussion as he is the owner of the building now occupied by Eckerd Youth Alternatives, Inc.  He added that this is moving quickly and has not been presented to the public so that they would also have the opportunity to lease the building.  

Councilor Lafleur moved to go into non-public session per RSA 91-A:3II    (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; and  (e) Consideration or negotiation of pending claims or litigation which has been threatened in writing.  The motion was seconded by Councilor McCue and carried unanimously by roll call.

Councilor Evans moved to come out of non-public session; Councilor Landry seconded and the motion carried by unanimous roll call.

Councilor Evans moved to seal the minutes regarding the land matter until it is no longer necessary to have them sealed; Councilor Remillard seconded and the motion carried.

Councilor Evans moved to seal the minutes of the litigation until it is no longer necessary to have them sealed; Councilor Remillard seconded and the motion carried.

Councilor Evans moved to adjourn; Councilor Landry seconded and the motion carried.  The meeting ended at 9:45 p.m.

Respectfully Submitted,

Susan Tremblay
Administrative Assistant