Work Session
January 25, 2010
Present were: Mayor Grenier, Councilors Landry, Remillard, Danderson, McCue, Evans, Rozek, Cayer and Poulin
Others present included: Pamela Laflamme, Michael Perreault, Jay Poulin, Jason Ross, Jon Edwards, Patrick MacQueen, media and public
Update of BOP Sewer Line Connection
Mr. MacQueen explained that the Bureau of Prisons first went out for proposals for their waste water in June of 2006 and the City responded in July of 2006 with a proposal. The City did not hear anything from BOP for over one year. The project was estimated at $11 million for sewer line; pump station and sewer connection when the City first made its proposal. The BOP was not happy with that proposal and went about working on designing their own plant. Eventually the BOP agreed to a compromise of $8.5 million which they agreed to pay and the City has to fund the remainder.
The design is close to complete and should be ready for bid by March or April of this year. We are ready to provide a temporary service by fall. The project could be delayed because DES is insisting on full wetlands permits and it may or may not impact the project. Councilor Danderson confirmed that the Water Works was not asked to submit wetlands permits.
Mr. MacQueen indicated that there is a significant I & I project planned for this summer that will repair seepage into the sewer system from the Dairy Bar to the College. It is estimated that this could remove 900,000 gallons per day.
The entire sewer improvement project will cost approximately $21 to $22 million of which the BOP has agreed to pay $8.5 million leaving the City with $13 million to make up. In 2009, the City applied for stimulus (ARRA) funding through DES and didn’t get funded because the project was not shovel ready. The State also took away 20% funding for sewer improvement projects during their budget cuts. We are now applying for Rural Development funding and if we are fully funded, the City’s cost would be brought down to $6 million. If funding does not come through, the project will have to be cut back. Councilor Remillard confirmed that Rural Development should be making its decision soon.
With regard to the I & I project, Councilor Rozek asked if the existing pipes would be modified and Mr. Perreault noted that sealing existing pipes is in the plan. Councilors questioned the schedule for opening the facility and asked if a delay is anticipated. Mr. MacQueen indicated that there have been rumors of delay but sources at the BOP denied the rumors and indicated a plan for a fall or winter of 2010 opening. Mr. MacQueen added that tax dollars are not being used for this project; it is being funded from the sewer user fund.
12th Street Bridge Repair Recommendations
Jay Poulin and Jason Ross of HEB were at the meeting to explain their recommendation for the repair of the 12th Street Bridge. Mr. Poulin reported that the bridge repairs have been accepted into the state bridge program which funds 80% provided all DOT procedures are followed. Their engineering study resulted in a recommendation to repair the decking by removing the top portion and replacing the concrete, thereby extending the life of the decking by 20 to 25 years at a cost to the City of $152,000 which is 20% of the total project cost.
These recommendations were made to the State and they are leaning toward replacing the entire deck due to the extended life expectancy that would give to the deck. It would cost the City $278,000 for its 20% and last 40 to 50 years.
Time frames to complete the work were discussed with Mr. Ross stating that it would take about two months for the repair and about 5 months for the full replacement.
Mr. MacQueen explained that State bridge aid has been deferred by the State until 2016. The City would have to get a commitment from the State that they will pay in 2016 and if we proceed, the City would fund up front and count on a receivable for the future. We currently have the repair funded in the CIP bond; however replacing the deck would require finding the funds. Mayor Grenier asked if the project would be completed this summer and Mr. Poulin noted that it should be done sooner rather than later because the bridge continues to deteriorate.
Councilor Danderson moved to accept the recommendation labeled “Proposal 1” which is to repair the existing deck at a cost of $151,955 for the City’s share; Councilor Poulin seconded. In discussion Councilor McCue wanted to confirm that the DOT would still pay though they were leaning toward a different repair alternative. Both Mr. Poulin and Mr. Ross expressed that DOT would fund the City’s choice.
Discussion of Council Policies & Rules of Council
Mayor Grenier opened the discussion and Councilor Evans stated that he went through the policies and has a significant amount of proposed revisions.
Councilor Evans began with the Policies with his first question being on the policy for adding an agenda item. He questioned whether agenda items needed to go to the City Clerk or whether interacting with the City Manager’s secretary is acceptable. Mayor Grenier indicated that, in his administration, the agenda is wide open and since this is a body of equals, there should not be an issue with getting an item on the agenda. He went on to say that as chair, he wants to run a structured meeting that starts promptly at 7:30 unless there is an emergency situation. Councilor Danderson voiced that it is important that the City Manager is kept informed. Mayor Grenier noted that speaking to the Chair or achieving a majority vote of the Council will get something on the agenda.
Deleting an agenda item can be done by making a motion to strike the item.
Agenda preparation for the 1st and 3rd meetings of the month was changed to Agenda “Posting” to the City Clerk’s office for Mayor no later than Friday Noon
Councilor Evans proposed that the first item on each agenda should be to accept the agenda. Mayor Grenier objected stating that it is unnecessary. Councilor Evans withdrew the suggestion.
The policy regarding correspondence addressed to the City Manager was removed. The policy for correspondence addressed to the Mayor or Mayor & Council, will be copied to the entire Council.
Councilors discussed work sessions and whether it is appropriate for the public to speak. Mayor Grenier noted that he has no problem putting someone on an agenda if they have city business to address. It was decided that the public would be allowed to speak only by unanimous vote of the councilors present at the work session.
Legal opinions – Council members need a successful vote of the Council to obtain a legal opinion.
Mayor Grenier encouraged the Council to designate a chairperson who would act in his absence. It was the consensus of the Council to have Councilor McCue as the chairperson in the absence of the Mayor.
Rules of Council
Councilor Evans continued with his list of proposals beginning with Section VIII of the Rules. He questioned the rule that states everyone has to cast a vote with the only reason for recusal being a pecuniary interest that can be demonstrated. It became clear that the rule would remain as written ensuring that every member casts a vote, either yea or nay and abstaining is not considered a vote. Councilor Cayer confirmed that if someone does not want to abstain and another member sees a conflict, it can be challenged.
Councilor Evans suggested deleting items IX through XIII and Councilor Danderson voiced an argument to keep the information as a short version of the rules under which the Council operates. There was no support to delete the items.
Section XIV. Committee of the Whole. Councilor Evans proposed doing away with committees of the entire body. Councilor McCue reasoned that it is worth leaving in place. Councilor Evans established that going into committee would involve the Mayor calling a committee meeting; the Council would recess and initiate the committee and they are then in an unposted meeting. He established that there is no difference between a committee of the whole and the council. In a show of hands, the Council voted 6/3 to keep Committees of the whole in place and therefore there were no changes to XIV.
Section XV. Traffic Safety Committee. Mayor Grenier proposed that any petitioner has to go through the Mayor and Council; thereby the Council creates the committee agenda. Councilor Evans advocated to remove the following sentence: The Mayor and Council shall then vote to refer such matter to the Traffic Safety Committee or not as the Mayor and Council deem appropriate. Council members conceded.
Section XVI. Committee Reports. Councilor Evans deemed the passage as vague and suggested, “Committee reports presented to the City Council must reflect legal motions made by the Committee.” Council members conceded.
Section XVIII. Final Action. Councilor Evans suggested adding a reading where the resolution or ordinance is deemed “ought to pass”. Councilor McCue argued that he did not like labeling the action prior to a public hearing. Councilor Evans wanted to have the time to debate the resolution or ordinance on its merits or shortcomings. Mayor Grenier noted that he will ask for discussion and at that point the debate can occur. The action can be amended once it is removed from the table. Mayor Grenier advocated the third reading saying that it adds minimal time to each motion and gives additional opportunity for debate and discussion.
Councilor Danderson moved to have 3 readings or resolutions and ordinances; Councilor Rozek seconded. In discussion Councilor McCue commented that there is plenty of time in two readings to get up to speed. There is an opportunity for another discussion and amending prior to the third reading. In the vote the motion passed.
With that change, Section XIX changes to “third” reading and amending may be added after the first or second reading. In Section XX a reference to one reading changes to “two”.
Councilor Cayer stated that in “public comments” the Council has been allowed to engage the public; he questioned whether that practice would continue. Mayor Grenier noted that comments need to be addressed to the chair and he would be open to leaving it to the discretion of the Chair. Councilor McCue asked that the public be reminded that council comments are at the end of the meeting so that the public stays to hear the response. Mayor Grenier cautioned that engaging in debate with the public may quash feedback. He noted that he will recognize a council member or the City Manager.
Councilor McCue reported that the Council came under criticism for their budget hearings and that process will need to be addressed.
Councilor Rozek moved to accept the amended version of policies and rules; Councilor Remillard seconded and the motion carried.
Council Committee Appointments.
1. BERLIN AIRPORT AUTHORITY
Mayor Paul Grenier, Chair
Ward 1: Councilor Landry
Ward 2: Councilor Danderson
Ward 3: Councilor Rozek
Ward 4: Councilor Cayer
2. COMMITTEE ON ACCOUNTS & CLAIMS
Mayor Paul Grenier, Chair
Ward 1: Councilor Remillard
Ward 2: Councilor McCue
Ward 3: Councilor Rozek
Ward 4: Councilor Poulin
3. COMMITTEE ON SAFETY & TRANSPORTATION
Ward 1: Councilor Remillard
Ward 2: Councilor Danderson
Ward 3: Councilor Evans
Ward 4: Councilor Cayer
4. COMMITTEE ON ELECTIONS
Ward 1: Councilor Remillard
Ward 2: Councilor McCue
Ward 3: Councilor Rozek
Ward 4: Councilor Cayer
5. COMMITTEE ON EMERGENCY ACTION (one appointment)
Councilor Danderson
6. BUDGET COMMITTEE
Entire Council
7. SEWER APPEALS COMMITTEE
Entire Council with power to act.
8. Planning Board Member
Councilor McCue
9. BIDPA Member
Councilor Evans
Other
NHRS. Councilor McCue noted that he will pass on a bulletin from the NHRS.
Great Lakes Hydro. Mr. MacQueen reported that Great Lakes Hydro has dropped their tax suit against the city.
TIGER Grant. Councilor Landry confirmed that the City should be hearing soon on the TIGER grant. No decisions have been made yet
Clean Power Project. Councilor Danderson asked for reconsideration on the vote to support Clean Power not going through the SEC process. Mayor Grenier asked if anyone on the prevailing side wanted to change their vote and no one did. He indicated that he will be going to the hearing on January 29th and will be keeping the welfare of the city in mind and he will speak on behalf of the city’s interest, if necessary.
Councilor Danderson stated that we are letting Clean Power get by on a technicality and going through the SEC process would ensure that the experts are watching. He went on to say that he doesn’t like treating one power company differently from other. Councilor McCue indicated that the size of the boiler is driving the megawatts. Clean Power had the option to opt into EFSEC but decided to participate in the Berlin permitting process instead. Councilor Landry noted that Clean Power has done the whole process with the City’s support and it is not necessary to change the rules at the end of the game.
Councilor Remillard added that we have to have some respect for the process and they are under the limit where they have to go EFSEC. We should not fight their battles but not put up barriers either. Councilor Cayer stated that they have gone through the State Departments and they are at the finish line; turning them around and having them start again is not right. Councilor McCue added that the timing of the petition is troubling. Mayor Grenier noted that it is not in the City’s interest to appear anti business. Mr. MacQueen established that the letter expressing the Council’s action has gone to SEC.
HB 1255 adjudication in civil actions. Mayor Grenier suggested that the Council strongly oppose the legislation. Councilor Danderson so moved; Councilor McCue seconded and the motion carried. Councilor Evans made the point that he objects to motions under “Other”
HB 1439 water and air pollution exemptions. Mayor Grenier indicated this would be an agenda item for next time.
Adjournment
Councilor Danderson moved to adjourn; Councilor Landry seconded and the motion carried. The meeting ended at 10:10 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
| 
