City of Berlin, NH - City Council Minutes 03/15/2010 & Work Session

City Council Minutes 03/15/2010 & Work Session

6:00 P.M. Work Session

March 15, 2010

Present were: Mayor Grenier, Councilors Remillard, Evans, McCue, Danderson, Rozek, Cayer, Poulin and Councilor Landry (6:18 p.m.)

Also present were: Patrick MacQueen, Randall Trull, Pamela Laflamme, Pete Morency, Jennifer Cloutier, Max Makaitis, David Bertrand, Jon Edwards, students from the Civics Class, media and public.

Mayor Grenier opened the work session at 6:00 pm.

Paul Ramsey was not able to attend this week; but will be here next Monday.

Police Department Removal of T-1 Lines on Cates Hill

Mayor Grenier stated that this issue was brought up last week and Chief Morency will describe how to pay for the removal of the T-1 lines and going to a wireless communication system. Chief Morency explained that currently for the Police Department uses radio frequencies to communicate with their vehicles through phone lines with an antenna on Cates Hill. Three years ago wireless was $57,000 but prices have come down considerable and the work can be done for $18,000. The PD would pay for this upgrade by foregoing a paved parking lot that is funded at $15,000 in the bond for capital projects. The money would be put toward the wireless mesh network. There is also $2,500 left from this year’s capital that could be used. A monthly fee of $500 would be saved, making this pay for itself in three years.

Councilor Remillard asked if there is maintenance or any other fee. Chief Morency stated that none are expected. Councilor Rozek asked how much investigation was done and Chief Morency indicated that the prices were derived from the State bid prices that are with Ossipee Communications. Mayor Grenier confirmed that the Police budget can now be reduced by reduced $6,000.

He went on to say that according to the Municipal Finance Act changing the purpose for which a bond was intended will take a 2/3 majority vote. Councilor Evans affirmed that the CIP projects were named in the bond.

Statistical Update Proposed Agreement

Mr. MacQueen stated that he asked Mr. Sansoucy whether $16,000 was adequate for his services and he responded with a letter that details a more specific update that would amount to $42,000. The letter specifies what services he provided and these services are exclusive to industrial and utility properties in the City. Councilor McCue asked if a formal request for proposals was sent out for this work. Mr. MacQueen replied that the Council has wanted to stay with Sansoucy as he is one of two who are qualified to do this work in the state. Councilor Evans asked what the difference in service is between the $16,000 originally budgeted and the current proposal. Mr. MacQueen noted that Mr. Sansoucy would have to answer that. He added that 25% of the City’s assessed value is utilities and it is important to keep the values where they should be. Councilor Remillard asked how this price compares to others and Mr. MacQueen responded that when a full revaluation was done, it was about $120,000 to $130,000 and the work was not bid. He proposed that the Council get a recommendation from the Board of Assessors for the utility valuation proposal when they come back with the residential valuation contract.

Fire Alarm Discussion

Mr. MacQueen explained that a resolution would do the same with the bond resolution for the fire alarms as what was done for wireless in the PD. The main fire alarm system which dates back to the 1950’s is failing and there are no parts for repair. The resolution to be considered would change the purpose of $50,000 from building repairs to the fire alarm system.

Chief Trull established that there are 35 master boxes attached to buildings that communicate through a loop that is failing. Councilor Landry entered the meeting at this time. Chief Trull indicated that according to the NHPA 72 a municipal fire alarm system has to be maintained and kept in operational condition. The original installer Gamewell, is still in business and we would be looking to replace the system with something compatible to a Gamewell system. He stated that an alarm from these boxes goes directly to the fire department and reduces response time.

Councilor Danderson commented that we could eliminate fire alarm boxes throughout city. He asked if there is a way businesses could use their own fire alarm systems. Chief Trull noted that it is safer when the box alarms directly at the fire station rather than going through 911. The 911 system goes out of town and it takes 3 minutes to get back. The Fire Department’s response time is within 4 minutes in the city.

Councilor Danderson confirmed that there are close to 40 businesses that use the boxes. He proposed that the businesses should be paying for the upgrade. They could be given a choice pay the fee for upgrading the alarm system or go through 911 as this is a benefit to them and not to the remaining citizens.

Mr. MacQueen reported that a new resolution introducing fire department fees is Item 8 on the agenda. It proposes to have businesses pay for the system they benefit from. Councilor Remillard asked what other municipalities do and Chief replied that some go with private companies such as Simplex at $1,300 per year. Councilor Danderson asked how many alarm boxes are connected to non-profits, some may not even be paying property taxes.

Councilor Poulin suggested that the fee should be dependent on the square footage of the building. There is a benefit to have the protection and the City should have revenue so that the system pays for itself. Mayor Grenier surmised that the Council would support the bond amendment for the upgrade of the fire alarm system but would like to see a different fee schedule. Councilors were also interested to know what businesses have the boxes.

Chief Trull described the proposed fee schedule and noted that fire inspections will be by square footage which will coincide with the inspector’s hourly rate. He stated that businesses now pay a one time fee for the box of $2,500. Councilor Poulin stated that the fee is part of doing business; the more square footage and more employees a business has, the more apt they are to use the service.

Mayor Grenier proposed that the ordinance implementing fees would be read this week and added to next week’s agenda so that a new fee schedule can be discussed; the ordinance would then be amended and passed at the April 5 meeting. Councilor also asked for the list of companies using the boxes for next Monday.

Councilor Rozek voiced that he agree with Councilor Poulin’s position. He added that the end user is getting a savings on insurance due to the fire alarm system in place. Councilor Danderson confirmed that non-profits cannot be treated differently from other businesses. Councilor McCue made the point that non-profits may not all pay property tax, with some making PILT payments and all benefit the community in other ways.

Community EFSEC Advisory Committee – Max Makaitis

Mayor Grenier stated that the EFSEC Advisory Committee worked for several months to come up with a list of recommendation that will be presented first to the City Council and to the Coos County Commissioners. The group consisted of citizens and business people with all points of view who put together a document that attempts to protect the city’s interest.

Mr. Makaitis established that AVER put together this non-board committee to fact find and communicate information in order to address the community needs. AVER had done this before by taking the lead with the federal prison and making a detailed presentation about the benefits and shortcomings of locating a federal prison in Berlin

Mr. Makaitis explained that the basis for forming the committee was to get as diversified a group of people and prominent community leaders as possible. All meetings were open to the public. The committee began by identifying every potential issue which were listed and discussed. The issues were then broken down to human elements, visual, noise, air quality, odor issues, truck traffic, community benefits, and county issues. Potential before and after images of the plant were made available as well.

The Committee agreed that the looks presented in the photographs were acceptable. Utilities would go underground. Noise would be dealt with under existing City Ordinances Chapter 10.5. The Committee addressed other facilities like Schiller and McNeil Biomass Plant that has been operating for 25 years with not one complaint for 7 years. The Committee found that strobe light backup system is used for trucks instead of a beeper and they recommend it be done here if it is accepted by law.

Times and hours of deliveries were discussed and the recommendation was to have no deliveries on Sundays, Saturdays would be 9-9 and weekdays 5-9. The only exception would be during mud season where early morning hours would be extended to Saturdays. It is recommended that chipping and debarking be done indoors and with machinery with an electric motor.

The question of what is clean wood and what will they burn was defined. There would be no demolition debris; only wood that has not been processed in any way. Other issues were truck queuing and the potential of truck traffic backing up into the street. The standard for idling of trucks is dependent on outdoor temperatures. Best management practices would be used to prevent fugitive dust.

The Committee recommended working with the City regarding truck traffic issues and queuing to develop traffic safety and proper routing. Mayor Grenier mentioned that neighbors have complained about mill yard truck drivers urinating outside. This shouldn’t have to be put into a document but if there is no enforcement it will continue to be an issue. Councilor Danderson noted that Schiller Station has a barn where chips are covered. Mr. Makaitis informed the group that the plan is to have the chip piles exposed. Councilor Remillard asked how any agreement would be enforced. Mr. Makaitis noted that the City has control over anything outside the yard. Mr. MacQueen added that any stipulations that get included into the site certificate and are violated would likely first have to be dealt with by EFSEC and that would mean filing in a court to have an order declared.

Councilor McCue added that the process for EFSEC is to file a complaint for which there are 15 days to respond. There is a need to clear up what the city’s authority is and what is covered under EFSEC. Councilor Evans pointed out that Laidlaw is mentioned as the operator of the plant and the document should not be specific to Laidlaw but more general so that they would apply to any operator. Mr. Makaitis stated that this was the work of a citizen advisory committee and should be reviewed by an attorney. Councilor Evans affirmed that the purpose of the document is for this to be presented as a first draft as something to consider.

A detailed landscaping plan with a Riverwalk, snowmobile and ATV trail on the east side of the property has yet to be finalized. Mr. Makaitis stated that the City would have to assume the maintenance and liability for the site that would become a city park. The company would sponsor events, donate and provide tours of the site. Excess heat at materially below market price would be provided to the mill in Cascade. The company would, to the extent possible hire local for construction; use local wood within the shortest amount of distance. They would provide an intern program to work with youth. The Committee did not deal with PILT, feeling that it is the responsibility of the City. With regard to decommissioning and dismantling, no other plants have been asked to and though we don’t want to end up with an abandoned site, the committee did not want to inflict a financial burden that others don’t have.

County wide issues such as the Northern Loop transmission upgrade were deferred to the North County Transmission Commission. Experts don’t agree on the wood basket sustainability and the committee recommended deferring to the Site Evaluation Committee and County Commissioners who would reasonably assure that there is a sustainable amount of wood.

Existence subsurface conditions were deferred to the Site Evaluation Committee and Department of Environmental Services. Mr. Makaitis reported that these are the highlights of what was done and as part of the work, it will be presented to groups to help work through community benefits and protections.

Councilor McCue commented that he was the one person who did not support all the stipulations. In the Community Benefits, there is a parking lot included and the Council voted against it. There would be maintenance and liability on the City’s part and the lot would only be an easement. He went on to say that he does not agree with foregoing the dismantling and decommissioning bond. The subject was discussed in the context for Clean Power and never put into the conditions. With regard to the wood basket, the County Commissioners already took a position of support of Laidlaw and they have said there is no problem with the wood basket. Councilor McCue added that he is not comfortable with leaving the subsurface to DES to contend with. There are still truck and traffic issues and he did not feel enough attention was given to fuel coming in by rail. With regard to the wood study, he noted that McNeil has three foresters on staff to ensure that all wood chips are harvested from a sustainable forest. Perhaps the City should have the benefit of a study and experts to ensure sustainability.

Councilor Cayer asked if Laidlaw has agreed and Mr. Makaitis stated that they want to present a clarifying letter; however in principle, they have agreed to everything. Councilor McCue stated that at the pre-hearing conference held in Concord, Barry Needleman said Laidlaw had been working with the committee but there was no binding agreement. Mr. Makaitis agree, acknowledging that nothing is binding until it is in the stipulations.

Other

Mayor Grenier relayed that he want to speak to the EFSEC committee on Tuesday, March 16, and wants to be sure the Council is speaking with one voice. He prepared a letter to read and would like the Council’s feedback. That issue will be considered when the Council returns to work session after the regular meeting.

PUBLIC HEARING – MARCH 15 2010

Ordinance 2010-01 No Turn on Red Light on Hillside Avenue

Resolution 2010-05 School Grants

Resolution 2010-06 DOJ Our Time Access Center - withdrawn grant application

Resolution 2010-07 $195,000 from ARRA

Resolution 2010-08 Adopting Welfare Guidelines

Mayor Grenier called to order the duly advertised and scheduled public hearing to accept public comments on the above noted ordinance and resolutions at approximately 7:39 p.m.

There being no one wishing to speak for or against the above noted ordinance or resolutions, Mayor Grenier closed the public hearing at approximately 7:42 p.m.

REGULAR CITY COUNCIL MEETING – MARCH 15 2010

Mayor Grenier called the regular City Council Meeting to order at approximately 7:43 p.m. in the Council Chambers of City Hall.~ The pledge of allegiance to the flag preceded roll call. Present: Councilors Remillard, Landry, McCue, Danderson, Evans, Rozek, Cayer and Poulin. Also present: City Manager MacQueen, Susan Tremblay, Pamela Laflamme, David Bertrand, Randall Trull, Max Makaitis, Jon Edwards, citizens and the press.

Minutes, Previous Meetings

Councilor Evans moved with a second by Councilor Danderson to amend the March 1, 2010 minutes, under Traffic Safety Committee Report by striking “and determined the need for a no turn on red at the stop light there.” So moved, the motion carried.

Councilor Evans moved with a second by Councilor Danderson to accept the minutes of the 3/01/10 WS & Regular Meeting; 3/08/10 WS as amended. So moved, the motion carried.

Disbursements:

It was recommended by the Committee on Accounts/Claims to pay all bills dated 3/04/10–3/17/2010 for a total cash disbursement of $1,128,730.87 Draft #1612.~ Councilor Remillard moved with a second by Councilor Evans to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims. So moved, the motion carried.

PUBLIC COMMENTS: No Public Comments

OLD BUSINESS:

1. Council Committee Reports. No Committee Reports

2. Ordinance 2010-01 Amending the Code of Ordinances, Chapter 15 Traffic and Vehicles, Article II. Specific Street Regulations, Sec. 15-35. Right turn on red signal prohibited. (tabled 3/01/10)

Be it ordained by the City Council of the City of Berlin, as follows:

Sec. 15-35. Right turn on red signal prohibited. Vehicular traffic shall be prohibited from making a right-hand turn on a steady red traffic signal at the following described intersections, and official traffic signs so indicating shall be posted thereat:

Hillside Avenue at the north and south side line intersection of Willow Street

Willow Street at the east and west side line intersections of Hillside Avenue

This ordinance shall be in full force and effect from and after passage.

Councilor Danderson moved with a secon by Councilor McCue to remove the ordinance from the table. So moved, the motion carried.

Councilor Danderson moved with a second by Councilor McCue to have the ordinance read a second time by title only. So moved, the motion carried.

Councilor Danderson moved with a second by Councilor Evans to have the ordinance read a third time by title only. So moved, the motion carried.

Councilor Danderson moved with a second by Councilor McCue to now pass the ordinance. Roll call resulted in unanimous affirmative votes including Mayor Grenier who declared the ordinance now passed.

3. Resolution 2010-05 Amending the 2009-10 budget by revising Fund 10, School Department Federal Programs and appropriating Two Hundred Fifty-Seven Thousand, Eight Hundred Thirty Dollars and Eleven Cents ($ 257,830.11) of additional grant funds to reflect the changes in the following table. (tabled 3/01/10) Resolved by the City Council of the City of Berlin as follows:

Account #	Account Description	Budget	Revised	Difference
10-405-238-0000	READING FIRST	27,039.00	25,422.00	-201,617.00
10-405-239-0000	SCHOOL GRANTS/DONATIONS	94,275.00	50,819.00	-43,456.00
10-405-240-0000	AV & VL ROY FOUNDATION	48,472.84	57,448.00	8,975.16
10-405-241-0000	SINI - SCHOOL IN NEED OF IMPROVEMENT	46,237.00	48,592.00	2,355.00
10-435-600-0000	FOCUSED MONITORING - SUPPLIES/MATERIALS	9354.00	9,998.00	644.00
10-444-600-0000	WAIT - SUPPLIES/MATERIALS		5,370.00	5,370.00
10-444-700-0000	WAIT - EQUIPMENT		1,005.00	1,005.00
10-445-000-0000	TI - ARRA		444,216.00	444,216.00
10-446-000-0000	IDEA - ARRA		189,257.00	189,257.00
10-447-000-0000	PRESCHOOL - ARRA		5,173.00	5,173.00
10-452-600-0000	PLTW - SUPPLIES	11,830.00		-11,830.00
10-452-700-0000	PLTW - EQUIPMENT	38,170.00		-38,170.00
10-453-400-0000	COTE GRANT - PROPERTY SERVICES	39,839.00	39,839.00	0.00
10-454-300-0000	PP - CONTRACTED SERVICES	9,025.00		-9,025.00
10-454-500-0000	PP - TRAVEL	362.00		-362.00
	PP - SUPPLIES	2,250.00		-2,250.00
	PP - INDIRECT COSTS	326.00		-326.00
10-455-300-0000	E2T2 MINI - CONTRACTED SERVICES	77,615.00		-77,615.00
10-455-500-0000	E2T2 MINI - OTHER PURCHASES	11,807.00		-11,807.00
10-455-600-0000	E2T2 MINI - SUPPLIES & MATERIALS	4,076.00		-4,076.00
10-455-700-0000	E2T2 MINI - EQUIPMENT	55.00		-55.00
10-455-900-0000	E2T2 MINI - INDIRECT COSTS	5,351.00		-5,351.00
10-457-300-0000	MATH IN NC CONTRACTED SERVICES	26,484.00		-26,484.00
10-457-307-0000	MATH IN NC POSTAGE	77.00		-77.00
10-457-335-0000	MATH IN NC PRINTING	363.00		-363.00
10-457-526-0000	MATH IN NC TRAVEL	1,227.00		-1,227.00
10-457-600-0000	MATH IN NC SUPPLIES	6,726.00		-6,726.00
10-457-900-0000	MATH IN NC INDIRECT COST	2,648.00		-2,648.00
10-458-300-0000	SCIENCE GRANT NCES - CONTRACTED SVS	9,705.00		-9,705.00
10-458-500-0000	SCIENCE GRANT NCES - PURCH SERVICES	1,607.00		-1,607.00
10-458-600-0000	SCIENCE GRANT NCES - SUPPLIES	2,291.00		-2,291.00
10-458-900-0000	SCIENCE GRANT NCES - INDIRECT COST	2,305.00		-2,305.00
10-459-100-0000	21ST CENTURY - SALARIES	84,567.00	150,000.00	-34,567.00
10-459-200-0000	21ST CENTURY - EMP BENEFITS	32,521.00	21,066.00	-11,455.00
10-459-300-0000	21ST CENTURY - CONTRACTED SERVICES	2,000.00	1,500.00	-500.00
10-459-500-0000	21ST CENTURY - PURCHASED SERVICES	9,000.00		-9,000.00
10-459-600-0000	21ST CENTURY - SUPPLIES/MATERIALS	1,000.00		-1,000.00
10-459-900-0000	21ST CENTURY - INDIRECT COSTS	3,000.00		-3,000.00
10-462-100-0000	TITLE I - SALARIES	544,340.00	472,480.00	-71,860.00
10-462-200-0000	TITLE I - EMPLOYEE BENEFITS	101,254.00	85,484.00	-15,770.00
10-462-300-0000	TITLE I - CONTRACTED SERVICES	1,000.00	167,754.00	166,754.00
10-462-400-0000	TITLE I - PROPERTY SERVICES	3,300.00	354.00	-2,946.00
10-462-500-0000	TITLE I - OTHER PURCHASED SERVICES	53,889.00	6,086.00	-47,803.00
10-462-600-0000	TITLE I - SUPPLIES/MATERIALS	19,907.00	9,597.00	-10,310.00
10-462-700-0000	TITLE I - PROPERTY	11,432.00		-11,432.00
10-462-800-0000	TITLE I - DUES AND FEES	3,000.00	1,000.00	-2,000.00
Account #	Account Description	Budget	Revised	Difference
10-462-900-0000	TITLE I - INDIRECT COSTS	43,018.00	42,866.00	-152.00
10-463-100-0000	VOCATIONAL - SALARIES	9,000.00	18,204.00	9,204.00
10-463-200-0000	VOCATIONAL - EMPLOYEE BENEFITS	1,417.00	2,719.00	1,302.00
10-463-301-0000	VOC - CONTRACTED SERVICES	13,000.00		-13,000.00
10-463-500-0000	VOCATIONAL - OTHER PURCHASED SERVICES	9,605.00	12,422.00	2,817.00
10-463-600-0000	VOCATIONAL - SUPPLIES AND MATERIALS	15,512.00	24,323.00	8,811.00
10-463-700-0000	VOCATIONAL - PROPERTY	22,044.00	31,150.00	9,106.00
10-463-800-0000	VOCATIONAL - OTHER OBJECTS	2,100.00	2,353.00	253.00
10-463-900-0000	VOCATIONAL - INDIRECT COST	3,556.00	2,610.00	-946.00
10-465-800-0000	DR ED - OTHER OBJECTS	12,450.00	17,650.00	5,200.00
10-468-100-0000	IDEA – SALARIES	159,934.00	251,346.00	91,412.00
10-468-200-0000	IDEA - EMPLOYEE BENEFITS	31,581.00	79,152.00	47,571.00
10-468-300-0000	IDEA - CONTRACTUAL SERVICES	163,636.00	22,090.00	-141,546.00
10-469-100-0000	PRESCHOOL - SALARIES	8,917.00	8,168.00	-749.00
10-469-200-0000	PRESCHOOL - EMPLOYEE BENEFITS	3,053.00	3,110.00	57.00
10-471-300-0000	DRUG FREE - PROFESSIONAL SERVICES	18,692.00	13,152.00	-5,540.00
10-475-100-0000	CLASS SIZE - SALARIES	106,276.00	148,419.00	42,143.00
10-475-200-0000	CLASS SIZE - EMPLOYEE BENEFITS	14,248.00	22,365.00	8,117.00
10-475-300-0000	CLASS SIZE - CONTRACTUAL SERV	42,107.00	64,818.00	22,711.00
10-475-500-0000	CLASS SIZE - OTHER PURCH SERV	1,165.00		-1,165.00
10-475-600-0000	CLASS SIZE - SUPPLIES & MATERIALS	530.00	900.00	370.00
10-475-700-0000	CLASS SIZE - EQUIPMENT	1,000.00		-1,000.00
10-475-900-0000	CLASS SIZE - INDIRECT COSTS	8,813.00	9,344.00	531.00
10-478-300-0000	AAR - CONTRACTED SERVICES	122,705.00	120,632.00	-2,073.00
10-478-500-0000	AAR - PURCHASED SERVICES	24,525.00	49,166.00	24,641.00
10-478-600-0000	AAR - OFFICE SUPPLIES	63,998.00	55,403.00	-8,595.00
10-478-900-0000	AAR - INDIRECT COSTS	5,914.00	6,155.00	241.00
11-479-700-0000	FS - ARRA PROPERTY	14,588.54	29,964.49	15,375.95
	Total			257,830.11

This resolution shall be in full force and effect from and after passage.

Councilor McCue moved with a secon by Councilor Remillard to remove the resolution from the table. 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 have the resolution read a third time by title only. So moved, the motion carried.

Councilor McCue moved with a second by Councilor Remillard to pass the resolution. So moved, the motion carried and Mayor Grenier declared the resolution passed.

4. Resolution 2010-06 Authorizing an application to the U.S. Department of Justice for up to $400,000 in funding for a supervised visitation project for Coos County. (tabled 3/01/10)

Councilor Evans moved with a second from Councilor Danderson to remove the resolution from the table. The motion carried on a vote of five voting affirmatively and four against.

Councilor Evans moved with a second from Councilor Danderson to kill the resolution. So moved, the motion carried on a vote of six voting affirmatively and three voting against.

5. Resolution 2010-07 Authorizing application to the New Hampshire Department of Environmental Services for a One Hundred Ninety-Five Thousand, Four Hundred Dollar ($195,400.00) Cleanup Grant to remove and/or encapsulate lead hazards found in the 411 School Street building as part of “The 411 School Street Revitalization Project.” (tabled 3/01/10)

Resolved by the City Council of the City of Berlin as follows:

Whereas, the City of Berlin owns the building known as 411 School Street which is currently unoccupied and in need of revitalization; and

Whereas, the City under a previous Brownfields Assessment Grant has documented the scope and cost of removal of hazardous materials and with the assistance of USEPA Grant Funds in 2009 has already removed all hazardous materials except for lead paint remnants and lead impacted soils due to a lack of funds; and

Whereas, the City is eligible for a New Hampshire Department of Environmental Services Brownfields Revolving Loan Fund Cleanup Grant under a $1.8M award to the New Hampshire Department of Environmental Services in additional funding provided by the American Recovery and Reinvestment Act of 2009; and

Whereas, the City will not be required to obligate any matching funds; and

Whereas, all grant proceeds shall be deposited with the City Treasurer and any additional use of the funds beyond the scope of work as listed in the application shall require prior approval of the City Council. Now Therefore Be it Resolved by the City Council of the City of Berlin as Follows: That the City Manager is authorized to sign and submit a sub grant application to the New Hampshire Department of Environmental Services for One Hundred Ninety-Five Thousand, Four Hundred Dollar ($195,400.00) to remove and/or encapsulate lead hazards found in the 411 School Street building and that the City Manager is authorized to sign all documents and do all things necessary to effectuate the grant; and That the City Manager is further authorized to receive said grant and the grant proceeds are hereby appropriated, in addition to all other funds, for the purpose of the grant. This Resolution shall be in full force and effect from and after passage.

Councilor McCue moved with a second by Councilor Poulin to remove the resolution from the table. So moved, the motion carried.

Councilor McCue moved with a second by Councilor Poulin to have the resolution read a second time by title only. So moved, the motion carried.

Councilor McCue moved with a second by Councilor Poulin to have the resolution read a third time by title only. So moved, the motion carried.

Councilor Danderson confirmed that there are no matching funds required from the city.

Councilor McCue moved with a second by Councilor Poulin to pass the resolution. So moved, the motion carried and Mayor Grenier declared the resolution passed.

6. Resolution 2010-08 Amending the City of Berlin Guidelines for the Administration of General Assistance (Welfare Guidelines) (tabled 3/01/10)

Resolved by the City Council of the City of Berlin as follows:

Whereas the City of Berlin adopted specific guidelines on January 3, 2005, revised such guidelines March 19, 2007, so as to be in compliance with State Statutes regarding the administration of General Assistance; and

Whereas these Guidelines must be updated to be in compliance with the Constitution and New Hampshire Statutory law. Now therefore, be it resolved: That the Guidelines for the Administration of General Assistance, as adopted on January 3, 2005, revised March 19, 2007 are hereby amended as stipulated in the attached document. Be it further resolved that these amendments shall be incorporated into the text of the guideline document and be used to administer the General Assistance Program of the City of Berlin. This Resolution shall be in full force and effect from and after passage.

Councilor Remillard moved with a second by Councilor Danderson to remove the resolution from the table. So moved, the motion carried.

Councilor Remillard moved with a second by Councilor Danderson to have the resolution read a second time by title only. So moved, the motion carried.

Councilor Remillard moved with a second by Councilor Danderson to have the resolution read a third time by title only. So moved, the motion carried.

Councilor Remillard moved with a second by Councilor Danderson to pass the resolution. So moved, the motion carried and Mayor Grenier declared the resolution passed.

NEW BUSINESS

7. Ordinance 2010-02 Rescinding Chapter 19 Development, Article III. Partial Tax Exemption for New Industrial and Commercial Construction (1^st read)

Councilor Danderson moved with a second by Councilor Evans to table the ordinance and schedule a public hearing on April 5, 2010

8. Ordinance 2010-03 Implementing Fees for Fire Department Inspection Services (1^st read)

Councilor Danderson moved with a second by Councilor McCue to table the ordinance and schedule a public hearing on April 5, 2010

9. Resolution 2010-10 Amending the Bond Resolution to Remove T-1 Lines (1^st read)

Councilor Remillard moved with a second by Councilor McCue to table the resolution and schedule a public hearing on April 5, 2010

10. Resolution 2010-11 Amending the Bond Resolution to Replace the Fire Alarm System (1^st read)

Councilor McCue moved with a second by Councilor Landry to table the resolution and schedule a public hearing on April 5, 2010

11. Resolution 2010-12 Authorizing the BAA to Apply for Up to $400,000. FAA Grant Funds (1^st read)

Councilor Danderson moved with a second by Councilor Remillard to table the resolution and schedule a public hearing on April 5, 2010

12. Communication from Laura Jamison, WREN

The communication was requesting to close Mechanic Street for a Farmer’s Market on Thursdays from 2:00 p.m. to 8:00 p.m. from July 1, to September 16.

Councilor Landry commented that he is excited to start program to get people downtown. His only concern is with the businesses to be affected. Councilor McCue stated that it has been recommended that the businesses be contacted. Councilor McCue moved to approve the request for the closure of Mechanic Street on Thursdays from July 1 to September 16 from 2-8 p.m. for a Farmer’s Market subject to the applicant coordinating with the Police Department, Fire Department, Public Works and Health Departments; Councilor Danderson seconded and the motion carried.

13.. City Manager’s Report

Our-Time Access Safe Haven grant withdrawn

We received word this week from Marie Dabreuil the Program Manager of Our Time Access that she is withdrawing the request for the $400k Safe Haven grant which she had previously asked the City to apply for. I have attached a copy of that email for your information.

Budget Inn Sign

All of the appeal periods for this sign have expired and the State Traffic Division of the NHDOT is now getting estimates for the removal of the Budget Inn Sign on Glen Avenue at Diana Street. Hopefully, after about three years of State DOT process, the sign will finally be coming down in the next couple of weeks.

USDA Rural Development Grant Application

Attached is correspondence from Senator Gregg's office acknowledging USDA RD correspondence regarding our loan/grant application for assistance for our upgrades to the WWTF in Berlin. These improvements are necessary because of the 32 year age of the plant, the addition of the BOP-FCI and future growth. We are expecting to hear something on this grant in the next few weeks.

Value Engineering RFQ's

In response to our Request for Qualifications, we have received three proposals from engineering firms to perform a Value Engineering review of the proposed improvements to our WWTF. Value Engineering is being required by NHDES and USDA RD for our WWTF improvements because the amount of the project is over the threshold of $10M. Value Engineering is a process whereby the original design is peer reviewed by another group of engineers in a fairly rigorous process with an eye to finding better more cost-effective ways to accomplish the project. There is certainly a cost to the VE process because both a new engineer and the existing engineer participate in the process. However, the savings achieved for the project are often several orders of magnitude larger than the VE cost which is why USDA and NHDES are requiring the process.

EFSEC Pre-hearing conference, site visit and hearing

The EFSEC Pre-hearing conference was held this past Thursday in Concord. Attorney Peress and Councilor McCue attended that meeting. Attorney Peress expressed some concerns about the scheduling of the process which he expressed to the Commission.

Don’t forget that the EFSEC Site Tour is tomorrow at 2pm at the site and the Public Informational Hearing is tomorrow evening at 7pm at the BJHS.

Census 2010

Attached is a letter from the US Census Bureau. The letter indicates that they are setting up Questionnaire Assistance Centers (QAC) so that residents can have their census questions answered. One of these will be at the Berlin Senior Center at hours stated in the letter. The other will be at the NH Employment Security Office. These QAC's will be open during the hours listed in the letter from March 19^th to April 20^th.

BEMS Financial Statements

I have attached for your information this past years financial statements from Berlin Emergency Medical Services which provides by contract the City's ambulance service.

LGC Regional Dinners

This year there will be two LGC regional dinners in this area. One will be in Jackson at the Eagle Mountain House on May 6^th, and the other will be in Bethlehem at the Inn at Maplewood on May 12^th. There is a social hour beginning at 5:30pm with the dinner at 6pm and the registration deadline in one week prior to each event. The flier is attached.

Dedication of Berlin State Offices

The dedication of the new Berlin State Office Building at 650 Main Street will be held Friday, April 9, 2010 at 11am. Refreshments and a tour of the building will follow the dedication.

Legislative Matters

HB 1335, which establishes a local option for lowering interest rates on delinquent property taxes will be voted on by the full House this Wednesday. Being a local option, the bill should not be a problem for municipalities as no municipality has to do which doesn't want to.
HB 1544, which authorizes the establishment of energy efficiency and clean energy districts and allows municipalities to lend money to property owners for qualified energy improvements has been voted as ought to pass by the House Municipal and County Government Committee. This is a complicated local option bill which some municipalities will likely experiment with.
SB 492, which extends the pole tax exemption, is still out there. However, it has been amended by the Senate to shorten its extension from four years to two year. It also will now have another study committee. It now moves on to the House. This just goes to show how exceedingly bad and unfair legislation can literally stay on the books for decades if the right forces are behind it.
Stream Crossing Rules NHDES has proposed significant changes to stream crossing rules which will likely affect most NH municipalities. Staff is reviewing these to determine the likely impact on us.

Mayor Grenier clarified that the hearing tomorrow night is at the Jr. High Auditorium at 7:00 p.m.

Mayor Grenier commented that the State Office Building was designed and built during Mayor Bertrand’s administration and he offered to have the former Mayor cut the ribbon. Former Mayor Bertrand accepted the offer.

Councilor Danderson moved with a second by Councilor McCue to accept the City Manager’s Report and place it on file. So moved, the motion carried.

14. Mayor’s Report

Planning Board Re-appointments: Francoise Cusson as a regular member, for a three-year term set to expire April 30, 2013

Councilor Danderson moved with a second by Councilor Remillard to accept the Mayor’s re-appointment of Francoise Cusson to the Planning Board. All votes in the affirmative. So moved, the motion carried.

Ralph Collins, as a regular member, for a three-year term set to expire April 30, 2013.

Councilor Danderson moved with a second by Councilor McCue to accept the Mayor’s re-appointment of Ralph Collins to the Planning Board. All votes in the affirmative. So moved, the motion carried

Greg Estrella, as an alternate member, for a three-year term set to expire April 30, 2013.

Councilor Danderson moved with a second by Councilor McCue to accept the Mayor’s re-appointment of Greg Estrella to the Planning Board. All votes in the affirmative. So moved, the motion carried.

Martha Cregan as an alternate member for a three-year term set to expire April 30, 2013

Councilor Danderson moved with a second by Councilor McCue to accept the Mayor’s appointment of Martha Cregan to the Planning Board. All votes in the affirmative. So moved, the motion carried.

Zoning Board of Adjustment Re-appointment:

Greg Estrella, as an alternate member for a three-year term to expire April 30, 2013.

Councilor Danderson moved with a second by Councilor Remillard to accept the Mayor’s re-appointment of Greg Estrella to the Zoning Board. After a brief discussion confirming that Mr. Estrella can serve on both the Planning and Zoning Boards, council members voted unanimously to approve the motion.

Housing Authority Appointment.

Matthew Buteau as a member of the Housing Authority for a three-year term to expire in December 31, 2014

Councilor Danderson moved with a second by Councilor Remillard to accept the Mayor’s appointment of Matthew Buteau to the Housing Authority. All votes in the affirmative. So moved, the motion carried.

15. Public Comments - No Public Comments

16. COUNCIL COMMENTS

Councilor McCue reported that he is on the Committee on Government Affairs at the NH Municipal Association

Mayor Grenier thanked the Berlin High Spirit Team, Hockey and Basketball teams for conducting themselves with class in recent state-wide tournaments. He added that he is proud to watch the students.

Councilor Landry acknowledged the passing of Mike Gaydo and offered condolences to family and friends.

Councilor Landry moved to recess the meeting to work session; Councilor McCue seconded and the motion carried.

The Work Session resumed at 8:35 p.m.

Mayor’s Written Statement before the EFSEC Committee

Mayor Grenier distributed a written statement that he planned to read before the EFSEC Committee at the public hearing on March 16. He stated that Attorney Peress e-mailed talking points that best position the City in negotiations. He would be representing the Council as a body. The letter asks for a remediation plan for the site, both short term and long term. The Mayor stated that some of the points are a result of reviewing the work done by the Planning Board with Clean Power. Councilor Danderson moved to go forward with the letter; there was no second.

Councilor Landry said that he has been reading through the Laidlaw application, looking at it with an open mind. He noted that the application refers to high paying jobs and in this case we don’t know what the jobs will pay. The presentation earlier referred to dozens of jobs in the woods and previous information said hundreds of woods jobs would be created. We don’t know the availability of labor, of wood chips; and no study has been done of how the facility will affect property values. It is an unfair service not knowing the answers prior to supporting. Laidlaw would bring tax base and will take away tax base. People in premium neighborhoods will pay more because values near the mill will go down. He added that the plans are impressive; the location is a concern. More work has to be done and he is hoping EFSEC will help get answers. Councilor Landry relayed that he is not informed enough. With regard to PILT, residents need to know what kind of taxes these companies will pay. He concluded by saying that he won’t support this blindly.

Councilor Danderson relayed that there is no guarantee of what the jobs will be paying. Utilities tend to pay higher than the norm. Values of homes would suggest that the worst thing that could happen is nothing.

Councilor McCue stated that with regard to the jobs issue, he requested and received a list of positions and pay scales from Clean Power. We have not asked Laidlaw if they will provide the information. At the pre conference in Concord, it was made clear that the SEC will look at issues raised by any intervener provided it ties into what this committee is formed to do Wood and fuel issues would have to show how they fit into the defined issues the committee will focus on: economy, environmental; revenues; integration into the community; economic viability of project. Certain topics and areas are not in the purview of the SEC.

Mayor Grenier was asked to explain #4 where the plant is not considered heavy industry. Mayor Grenier responded that the company is not using chemicals; they are not converting raw material into a finished product. None of the biomass plants that burn wood are considered heavy industry.

Councilor McCue said that he asked if this public hearing on the 16^th will be the only opportunity for the public to weigh in and he was informed that if there were to be a large turnout and people have not been heard, a second hearing would be scheduled.

Councilor McCue went on to say that he has not been a supporter of the project; he is skeptical. In reading the application, he does not see a lot of substance. More information is needed on PILT and we need to know who the deep pocket is in any liability claim. He stated that he likes the idea of meeting with the city and may want continue to meet during construction.

Councilor Poulin voiced that he is not for this project at all. He is representing Ward IV where the people there have been living with dust and noise. Berlin will be better without that there; Ward IV will be better without that there. He went on to say that the emissions are not healthy. He added that he is part of city council and he has to represent what he gets calls for.

Councilor Poulin questioned information from the earlier presentation that said the plant will burn wood and liquids. What liquids? A plant like this will be doing 20 trucks per hour, taking all the chips available and that will bring up the cost of chips and could close the door to the little guy. Chip piles won’t be covered and will make dust.

Councilor Cayer said that he echoes the same sentiments and the people who contact him from Ward IV are against. Mayor Grenier pointed out that the election served as a clear referendum on the issue. He stated that he will look out for best interest of the community.

Councilor Cayer asked how much time has this body spent on a vision without the plant. Mayor Grenier noted that there is ample opportunity to put items on the agenda. Councilor Evans objected to the tone of the discussion. Mayor Grenier stated that he will support the community and if he were representing himself, there are some points in his letter that he would not have included. He is asking for a vote up or down.

Councilor Poulin stated that up until now the Council has been doing research and getting information to make an educated decision; it’s never come to a head where a yea or nay vote was being asked for. He said he has to represent what he is about.

Councilor Danderson warned that the lack of good paying jobs will cause housing values to go down. We need to show that we can be worked with. Councilor Poulin countered that he can’t go against what he believes and the letter sounds like no one on the council has an issue with it.

Councilor Landry clarified that his position is that he wants more information. He advocated not jumping into this blindly and keeping the public informed. He felt that some support in the community is based on misinformation. He wants to do what is best for the city, making sure this is the right thing for Berlin.

Councilor Evans commented that he was often the lone dissenter whenever Laidlaw came up in the past and he can feel for the minority. He felt that about 40% of the current council is opposing on this issue. There has been a breakdown of respectful dialogue as agreed to during the discussion on the rules of Council and some are becoming too attached to the outcome of an issue. He objected to going forward with the letter, saying that he would not feel comfortable knowing that a good percentage of the council opposes.

Councilor Remillard said that she approves of the letter but to stand together and have a voice together, it needs to be tweaked to represent all members of City Council. She added that the values around the plant were based on the former mill being there and value can only be added with the current plant.

Councilor McCue voiced that part of his dilemma is not hearing from people. Mayor Grenier felt it was important to make a statement tomorrow night and in the interest of moving forward he offered to amend the letter to remove the supportive language.

Councilor Danderson moved to accept the amended version of the letter; Councilor Evans seconded and the motion carried unanimously.

Mr. Makaitis commented that liquid bio fuel is a State standard of what is organic oil.

17. Adjournment:

There being no further business before the Mayor and Council at this time, Councilor Evans moved with a second by Councilor Rozek to adjourn the regular meeting at this time. So moved, Mayor Grenier declared the Regular Meeting adjourned at approximately 9:55 p.m.

A TRUE RECORD, ATTEST:

Susan Tremblay

Administrative Assistant