Work Session
February 22, 2010
Present were: Mayor Grenier, Councilors Remillard, Danderson, McCue, Evans, Rozek, Cayer and Poulin; Councilor Landry was absent.
Others present included: Marie Dubreuil, Andre Caron, Pamela Laflamme, Angela Martin Giroux, Steve Binette, media and public
Update of Welfare Guidelines
The item was moved further down on the agenda
Application for Downtown Tax Relief (L. Wiemer) – delayed to March 22, 2010
Bartlett School Discussion – Steve Binette
Steve Binette, Max Makaitis entered the meeting at this time. Mr. Binette explained that the right to reverter that the City has in its agreement to sell Bartlett School to the Binette’s is problematic as the banks are interpreting this as the city having the first lien. He asked for a waiver of the city’s right to reverter. Mr. Binette also mentioned that he is looking for a title certificate on the property via a warranty deed.
Mr. Caron indicated that the deed is not a problem as the property was acquired by warranty deed. He went on to say that the City requires a reverter so that the City has assurances that the prospective buyer has the ability and incentive to do the work. The City is looking for guarantees that the project will get done. Mr. Caron suggested that perhaps bonding could be done instead. Councilor McCue questioned whether the reverter has been raised as an issue with other sales. Mr. Caron indicated that it has not. As an alternative, cash can be put up by the buyer and as the project is completed; the money is drawn down to pay project expenses.
Councilor Evans noted that he supports dropping the reverter because the City has imposed reverters on tax deeded properties that we dumped for a small amount of money. This project is different than a delinquency in that the Binette’s paid $100,000 for the building and it will be on the tax rolls. Councilor McCue asked if Mr. Binette would be willing to put up a performance bond and Mr. Binette stated that he could check with his insurance company. Councilor McCue established that in this case, the buyer’s history is without reproach; however if we change the policy for this project, we may then have to change it for others as well.
Mayor Grenier asked if the Council would allow Max Makaitis to make a statement and there were no objections. Mr. Makaitis acknowledged that the reverter will cause a problem in any major undertaking.
Councilor Danderson emphasized that the Binette’s are coming up with $100,000 and that should show a commitment. Mayor Grenier added that if we want commercial development, it will have to come from our own community. Councilor McCue cautioned that if the reverter is removed, it should be clear that these are unique circumstances.
Councilor Evans moved that the City’s right to reverter clause be removed from the Bartlett School proposal due to its unique circumstances and further that the deed is to be written to White Mountain Suites LLC; Councilor Poulin seconded and the motion carried unanimously. A resolution will be put forward at the next meeting.
Request for Letter of Intent for Our Time Access Center – Marie Dubreuil
Marie Dubreuil addressed the Council regarding a grant for a supervised visitation center for Coos County. The city’s support is needed as the grant would come to the City and be channeled to CAP
Mayor Grenier confirmed that there are 13 families who are now using the service and there have been 32 in the last 2 years. He stated that the center is used when there are custody and violence problems in the family. He felt that it is needed in the community and he would support seeking a grant.
Councilor McCue asked for the amount of grant being sought; he wanted to know what the city’s role is; and where the facility would be located. Ms. Dubreuil indicated that she does not have a budget put together yet. The city is being asked for a letter of intent to apply for the grant; the city would be the grantee and CAP would be the fiscal agent. She went on to say that the facility is in the Angel Guardian School and Ms. Laflamme stated that the zoning there is business general.
Ms. Giroux reported that she has encountered people who are court ordered to have visitation out of the city and are burdened with the expense of driving to another location. If they cannot afford it, the visitation becomes a basic need and is paid for by the Welfare office.
Councilor Danderson made the point that when there is a new grant funded service and the funding runs out, the agency will come for outside agency funding. Councilor Evans expressed that he is in favor of the program. It will help families and by having Berlin as the destination, people from throughout the county will drive from a significant distance to use the program and they will be dining and shopping in Berlin.
Councilor Danderson moved to assist with the grant by authorizing staff to send a letter of intent for the visitation center; Councilor Poulin seconded and the motion carried.
Welfare Guidelines
Mayor Grenier asked if there are State law changes that impact the cost of welfare on communities. Ms. Martin-Giroux explained that Franklin was sued over its interpretation of RSA 167:28 that said if one is receiving APTD, they could not receive any other assistance. The court found that communities do have to pay in addition to APTD. Mr. MacQueen clarified that the decision increases the City’s liability for welfare; however it is not a law change but a clarification of law.
Ms. Martin-Giroux reported that as the State comes up with budget cuts, expenses are pushed on to communities. The State’s budget used to pay up to $1,000 for funerals of indigent people and with the State’s cuts, the City has had to pay. There was a program for reimbursement from the State for communities to bill them for the delayed application time it takes for a client to get onto a State program; that reimbursement has been cut from the State budget.
Every effort is made by the welfare director to have clients apply for and follow through for aid from other sources including HUD. Mayor Grenier asked if the city has ever paid rent for a building that does not meet housing code. Mr. Giroux replied that rent has been held until violations are cleared. If taxes are due welfare is paid to tax department and a lien is placed on the property.
In a recent court case where the landlord disconnected the cable and phone of a tenant, the court ruled that cable and phone were a basic need; however the welfare guidelines do not allow a welfare recipient to count cable as a basic need and phone only in a medical situation.
A resolution to adopt the guideline will begin March 1 and likely be completed March 15.
Councilor Evans asked if the Council has to accept the increases proposed in the guidelines and Ms. Martin-Giroux stated that the City is required by law to meet actual expenses and the amounts in the guidelines are actual.
Rotary Park Agreement
Mr. MacQueen noted that this is the same agreement that was previously discussed. Jim Wagner has reviewed the changes and finds them acceptable.
Councilor Danderson moved to approve the agreement and authorize the City Manager to sign; Councilor Evans seconded and the motion carried.
Update to Snow Policy re: Sand Barrels
This change to the snow policy would add a new sand barrel at the top of Wentworth Avenue. Councilor Danderson moved to accept the change to the policy; Councilor Poulin seconded and the motion carried.
Other
Mayor Grenier would like to have a list of landlords who are in arrears on taxes, water and sewer as well as the addresses. He made the point that these landlords are costing a lot of money in time and resources. Mr. MacQueen acknowledged Joe Martin’s work and that he has been successful in removing hundreds of unregistered vehicles.
Councilor Poulin asked about a house on Kent Street and Mr. MacQueen reported that it is in process.
Councilor Remillard asked when 67 Granite Street would be taken down. Mr. MacQueen indicated that he will check and report back.
Councilor Evans moved to adjourn; Councilor Poulin seconded and the motion carried.
The meeting ended at 8:05 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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