PUBLIC HEARING – December 21, 2009
Mayor Bertrand opened and called to order the duly advertised and scheduled public hearing to accept public comments on the below noted resolutions at approximately 7:31 p.m.
Resolution 2009-46 Appropriating $8.5 Million of BOP Funds to the Sewer Fund: No Comments
Resolution 2009-47 Selling Bartlett School:
Paul Grenier, 492 Champlain Street, is opposed to the sale at this time. He also is not opposed to idea of selling properties if there is a surplus. The spreadsheet submitted by Superintendent Cascadden regarding student population shows that Brown School cannot absorb many more students. If more space was needed, the School Board would have to decide to either get classroom trailers or bring 3rd grade to the middle school. The idea of third graders mixed with eighth graders is not appealing. He reiterated he is not opposed to the sale but is opposed to the timing. Mr. Grenier suggests waiting for the Federal Prison to open before we dispose of education buildings. He added, Council needs to look hard and think about long term solutions. To build a new school would cost roughly
twenty-five million dollars as opposed to one hundred thousand dollars worth of upgrades. The taxpayers will end up paying for it all. If Council holds onto the building and waits a year or two, there would be no damage done.
Mike Rozek, Howard Street, supports the project theory for a dorm which could be essential for the community. The State Prison did not impact the school system in Berlin but age is the difference here. He said we could reuse Bartlett as a school since he thinks it must be grandfathered but once it is sold, we must build new. There is also no room for classroom trailers at any school and the cost to rent trailers should be thought about too. Mr. Rozek concurs that Council should wait twenty-four months and once they see it is a non-issue, then they could move on to a sale. It seems as though this sale is moving fast. He inquired whether a state appraiser came in or was it an arms-length transaction. The key issue is to protect the city.
Tim Sappington, Shelburne, was hired by the Binettes to sketch the plans for the Bartlett building. He said that the most appropriate use for the building is to get it back on the tax role and stated it is a private enterprise. He reported that 80% of students attending the local Community College live away. The Binettes plan to keep the historic significance of the building, make it green and offer adequate parking. The building currently has asbestos and must be brought up to code. Mr. Sappington remarked that the plan would be an incredible improvement to that neighborhood.
Steve Binette, shareholder, thought his biggest worry would be neighbors complaining about noise. He reminded Council that they are the ones who advertised the building and put it up for sale in the paper. His family was the successful bidder and while they want to upgrade the building, they also want to keep costs affordable for students. Mr. Binette added that this will help the city because students will shop here, their families will come to visit and eat out. It is a win-win proposal for the area and the college supports this project.
Sylvia Poulin supports the project. As a downtown business owner, she thinks it is a great idea and applauds the Binettes for taking it on. Parents would be excited to know housing is available for the college students.
Dick Huot, Blais Street, said BIDPA was interested in that building at one time. Since the school closed, it is not so easy to open back up as a school. The building is divided up which would not fit a modern-day system. Mr. Huot echoed Ms. Poulin’s sentiments that student housing would bring young people downtown. He doesn’t know if the timing is right but its good reuse of an old building.
Mike Caron, 86 Bemis Street, said economic development needs to be done here. A City business is willing to reinvest back into the City. It is a good opportunity which may not happen again.
Resolution 2009-48 Authorizing the City Manager to Execute a Deed to Clean Power Development:
No Comments.
There being no one else wishing to speak for or against the above noted resolutions, Mayor Bertrand closed the public hearing at approximately 7:50 p.m.
REGULAR CITY COUNCIL MEETING – DECEMBER 21, 2009
Mayor Bertrand called the regular City Council Meeting to order at approximately 7:50 p.m. in the Council Chambers of City Hall.~ The pledge of allegiance to the flag preceded roll call. Present: Councilors Remillard, Landry, McCue, Lafleur, Evans, Cayer and Poulin. Councilor Goudreau was absent. Also present: City Manager MacQueen, Susan Tremblay, Pam Laflamme, Andre Caron, Paul Grenier, Michael Rozek, Steve Binette, Corinne Cascadden, BHS Civics Class students, citizens and the press.
Minutes, Previous Meetings
Councilor Remillard moved with a second by Councilor Poulin to accept the minutes of the 12/07/09 WS & Regular Meeting and the 12/14/09 WS. So moved, the motion carried.
Disbursements:
It was recommended by the Committee on Accounts/Claims to pay all bills dated 12/10/09–12/22/2009 for a total cash disbursement of $1,795,279.50 Draft #1606.~ Councilor Poulin moved with a second by Councilor Remillard to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims. So moved, the motion carried.
PUBLIC COMMENTS:
Paul Grenier, 492 Champlain Street supports the concept of the conservation easement with the Mahoosuc Land Trust and Clean Power Development. He cautioned the Council to check the language of the easement to make sure maintenance is borne by Clean Power because this should not be a burden on the taxpayers
Mike Rozek, also supports the conservation easement. His concern is that Mount Jasper has feeder snowmobile trails supplying neighborhood access to main trails through hand cut, non-groomed, non- maintained trails. He thinks that if an existing snowmobile trail is in use, it should continue to be used to gain access. It is important to remember that hand-cut trails go to groomed trails.
OLD BUSINESS:
1. Council Committee Reports. Safety Committee Report presented by Councilor Evans. The following recommendation was made: Winter Parking at Hillside Elementary, Marston, and Jr. High School proposed parking lot project to be added to the CIP.
Councilor Lafleur added it would eliminate grass but would add thirteen parking spaces. This paved lot could also be used after hours for a small basketball court.
Councilor McCue, clarified that winter parking would be on the frozen ground but going forward after paving, it could be used full time which is a great idea.
Councilor Evans concurred the idea was to create 12-15 spaces to relieve parking congestion there.
Councilor Cayer said in the past this was put on the CIP but taken away. It is a safety issue that keeps coming back. It is a serious winter issue and had to be taken care of.
Councilor Evans informed Council that the Traffic Safety Committee handles several other items that do not come to Council. Everything is in the minutes and they are readily available.
Councilor McCue moved with a second by Councilor Poulin to accept the Safety Committee Recommendation and place it on file. So moved, the motion carried.
2. Resolution 2009-46 Appropriating $8.5 Million Dollars ($8,500,000.00) in Federal Bureau of Prison Funds to the City’s Sewer Fund Budget. (tabled 12/07/09)
Resolved by the City Council of the City of Berlin as Follows:
WHEREAS the Federal Bureau of Prisons solicited public proposals in June of 2006 for the collection and treatment of the wastewater which would emanate from the new Federal Correctional Facility to be built in the City of Berlin with a completion date originally expected to occur in July of 2010; and
WHEREAS, the City of Berlin responded to the Bureau of Prisons’ Request for Proposals in July of 2006 with a full proposal and cost to treat the wastewater from the new Federal Correctional Facility in Berlin; and
WHEREAS, the City of Berlin did not again hear from the Bureau of Prisons regarding the City response to the Bureau of Prisons’ Request for Proposals until Sept ember of 2007; and
WHEREAS, extended negotiations, which occurred between the City and the Bureau of Prisons from September of 2007 to June of 2009, led to an agreement dated June 15, 2009 approved by the Mayor and Council under which the City would provide wastewater collection and treatment services to the Bureau of Prisons’ new Federal Correctional Facility and the Bureau of Prisons would pay the City $8.5 million as its share of the improvements needed to the City's collection system in order to be able to collect and treat the new Federal Correctional Facility's wastewater. Now therefore, be it resolved that the Mayor and Council of the City of Berlin hereby appropriate $8,500,000.00 from the Bureau of Prisons to the Public Works Sewer Fund Budget for its use in completing the necessary improvements to the City's Wastewater system in order to
be able to serve the Bureau of Prison's new Federal Correctional Institution in Berlin. This Resolution shall be in full force and effect from and after passage
Councilor Lafleur moved with a second by Councilor McCue to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor McCue to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Lafleur moved with a second by Councilor McCue to pass the resolution. Roll call resulted in unanimous affirmative votes including Mayor Bertrand who declared the resolution now passed.
3. Resolution 2009-47 Authorizing the sale of the Bartlett School Building located at 56 Mt. Forist Street to Mr. & Mrs. Raymond Binette, Sr; Mr. Steven Binette; and Mr. Dennis Binette for the sum of One Hundred Thousand Dollars ($100,000.00) to revitalize said property into living units. (tabled 12/07/09)
Resolved by the City Council of the City of Berlin as follows:
Whereas, the City of Berlin currently owns a building at 56 Mt. Forist Street known as the Bartlett School; and
Whereas, the City of Berlin Board of Education determined that the Bartlett School was no longer necessary for its needs and has removed all furniture and accessories out of the building and turned the property over to the City; and
Whereas, there are significant costs and no tax base derived from the City maintaining such an unused building; and
Whereas, the Mayor and Council have determined that the City of Berlin has no further need for the property; and
Whereas, the City of Berlin advertised state-wide the sale of the building by means of a Request for Proposal (RFP); and
Whereas, the Proposal tendered by the Binette family was found to be the most advantageous for the City and will fulfill a need for student housing not currently available in the city as well as put the property back on the tax rolls. Now Therefore Be it Resolved by the City Council of the City of Berlin as Follows: That the City Manager is authorized to do all things necessary to effectuate a purchase and sale agreement and to sell the building for the sum of One Hundred Thousand Dollars ($100,000.00) to the Binette family under an agreement which makes clear that the project proposed by the Binette family must be carried out and substantially completed within 2.5 years of the closing date or the property will revert to the City. Further, that the proceeds of the sale will be deposited with the City Treasurer. This Resolution shall be in full force and effect from and after passage.
Councilor Poulin moved with a second by Councilor McCue to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Poulin moved with a second by Councilor McCue to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Poulin moved with a second by Councilor McCue to pass the resolution. Roll call resulted in affirmative votes from Councilors Landry, Lafleur, Evans, Cayer, Poulin, and Mayor Bertrand. Voting in the negative were Councilors Remillard and McCue. Mayor Bertrand declared the resolution now passed.
4. Resolution 2009-48 Authorizing the City Manager to Execute a Deed for Wastewater Treatment Land to Clean Power Development (tabled 12/07/09) Resolved by the City Council of the City of Berlin as follows:
Whereas, the City of Berlin and Clean Power Development (CPD) entered into an Option to Purchase Agreement which, upon exercising by Clean Power Development, became a Purchase and Sale Agreement on November 29, 2007; and
Whereas, Clean Power Development exercised the option and has otherwise complied with all the terms of the purchase and Sales Agreement; and
Whereas, the attached deed has been drafted in substantially final form by the City Attorney pursuant to that Purchase and Sale Agreement; and
Whereas, the Parties are otherwise ready to close on this transaction under which Clean Power will complete payment toward the agreed upon appraised purchase price of $50,000.00. Now therefore, be it resolved by the Mayor and Council of the City of Berlin that the City Manager in exchange for $50,000.00 is hereby authorized to execute the deed and any accompanying paperwork transferring the demised parcel of WWTP land to Clean Power Development. This resolution shall be in full force and effect from and after passage.
Councilor McCue moved with a second by Councilor Remillard to remove the resolution from the table at this time. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Remillard to have the resolution read a second time by title only. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Remillard to pass the resolution. Roll call resulted in unanimous affirmative votes including Mayor Bertrand who declared the resolution now passed.
NEW BUSINESS
5. Resolution 2010-01 Authorizing an application to the Community Development Block Grant Program for a Five Hundred Thousand Dollar ($500,000.00) grant to rehabilitate and revitalize 411 School Street (the former Notre Dame High School) into senior living quarters. (1st read)
Councilor McCue moved with a second by Councilor Remillard to table the resolution and schedule a public hearing on January 4, 2010. So moved, the motion carried.
6. Housing Authority Letter of Resignation from Irene Gallant.
Councilor Poulin moved with a second by Councilor Evans to accept Ms. Gallant’s letter of resignation with regret. So moved, the motion carried.
7. City Manager’s Report
Assessment Update
I have attached some fairly cryptic information given us by the Department of Revenue Administration after they did a preliminary review of our assessments which they do every year. In short, it is saying that our assessments have gotten far enough out of line that we will have to do an assessment update which in fact we have planned on and have scheduled for this year in our budget. It appears the overall assessment drop which we thought we would get in last year's budget seems to being showing up this year. It looks like we could see an overall property value drop of up to 20% or more.
Laidlaw EFSEC Filing
Safety Inspection Response
The Council will recall that we had a City-wide safety inspection a few months ago from the New Hampshire Department of Labor. We received an initial review of City operations with corrective actions where needed. Most of the issues dealt with Public Works, the WWTF and BWW. The Schools were separately inspected a year or so ago. All of these Departments have been working on responding to the inspection safety items and have made great progress in dealing with them. On December 16, we submitted a report to the DOL listing this progress as well as where we still had work to do. Overall, this exercise should make these Departments a safer place to work.
Leadership North Country
For the last six years, I have had the honor to be a participant in one of the annual Leadership North Country sessions. This year the session was held at the Errol Town Hall on Tuesday December 8th, and was aimed at giving this year's class an idea of how the various levels of government in New Hampshire work. Denise Vallee, Ray Burton, Sue Collins and Fred King were the other guest "teachers". This program seems to be a great resourced for developing future leaders for the region.
Bond Issue
I have been working with Bond Counsel, Dave Barnes of Devine Millimet and Dean Ingram of Laconia Savings bank to complete the paperwork for the completion of our $5M bond which is being set up as closed end line of credit.
Dealing with burned out or collapsed buildings
Attached is a memo to Mayor and Council which discusses in some detail some of the issues involved with dealing with burned out or collapsed buildings. Each one is different and decisions made need to take into the account these individual differences in each case.
Memo on Housing
Due to some recent discussions on codes and housing, I have also attached a written piece which puts in some perspective what has occurred with respect to housing in Berlin over the last five or six years.
H1N1 Clinics
Below is the latest schedule for H1N1 Immunization Clinics in the Berlin-Gorham area. This is now open to the general public in Berlin, Gorham, Milan and surrounding towns. These immunization shots are free.
Berlin Health Dept., City Hall -- December 21st, through the end of the month, 1:00 -3:30 pm, (closed for holidays 12/24 and 12/25, 12/31).
Berlin Middle School -- High St. Entrance, January 8th, 1:00 – 7:00pm~ ~& January 9th, 8:30a-3:30pm.
Ed Fenn School – January 4th, 3:30 -6:30pm, Main Entrance.
Milan Village School – to be announced in early January.
Upper Dam Construction Notice
Attached is a notice from Nextera Energy giving notice of a meeting to be held in Augusta, ME which will update interested parties on the renewal of the Upper Dam. This meeting was held on December 15th so we it is to late to attend the meeting. However, I am trust that any interested party could be updated by contacting Nextera Energy Resources.
Day Off
I will be taking off the day before Xmas. Laura Viger will be Acting Manager in my absence. I would like to wish everyone the very best for the Holidays!!
Councilor Lafleur moved with a second by Councilor McCue to accept the City Manager’s Report and place it on file. So moved, the motion carried.
Councilor Evans asked the City Manager if the assessment updates for fiscal year 2011will affect the 2011 or 2012 budget. He added that Council’s goal for a zero tax increase will be affected by this.
The City Manager replied that to hold the same number, there would have to be a huge budget cut.
Councilor Landry asked where the 20% amount came from?
The City Manager replied it came from the DRA.
Mayor Bertrand asked if the Department of Labor Safety inspections were done in the past. He was curious if other municipalities were going through this too or was Berlin targeted? This should be done state-wide for fair treatment.
The City Manager replied that a school employee complained to the State about a school problem so the State came here to begin inspections.
8. Public Comments No comments
9. COUNCIL COMMENTS
Councilor Lafleur reported that he recently taught three classes this week to the civics class regarding city government. He hopes another councilor will come forward to do the same once his term on Council is over. It is a requirement that the students attend a Council meeting which helps them to understand the process. This could make a difference in future City government leaders. He thanked the staff and employees and wished everyone happy holidays.
Councilor McCue also wished everyone a Merry Christmas.
Councilor Poulin, stated the fact that the Police union will step forward and talk to Council regarding contract wages was not brought up at the last meeting. It is admirable to see them take this step.
Council voted not have a Work Session December 28th unless something pressing comes up.
10. Mayor’s Report.
Mayor Bertrand addressed some of the remarks that were made. He stated that at the last meeting, Councilor Lafleur reported that the School Committee recommended closing Bartlett School. The fact that the High School was designed to hold more students and is underutilized was taken into consideration. If the school population balloons, they could use the Junior High School. They would not need to have third graders mixed with eighth graders since there are other ways to work it out. They also will not need to have classroom trailers. The other point was about new hires at the Federal Prison. Mayor Bertrand explained that employees will be transferred here and many will be older than thirty-five years old. Thirty-five is based on new hires and not everyone moving here will be that age.
Another comment made was regarding the conservation easement on Mount Jasper. The Mayor remarked that they will not be able to preserve every nook and cranny like backyard trails though the intent is to keep the trails open. He concluded it is important for Clean Power to get through the wetlands mitigation project.
Councilor Poulin moved with a second by Councilor McCue in to accept the Mayor’s oral report and place it on file. So moved, the motion carried.
11. Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Poulin moved with a second by Councilor Cayer to adjourn the regular meeting. So moved, Mayor Bertrand declared the Regular Meeting adjourned at approximately 8:55 p.m.
A True Record, Attest:
Debra A. Patrick, CMC
City Clerk
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