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City Council Minutes 03/01/2010 Amended
REGULAR CITY COUNCIL MEETING – MARCH 1, 2010   
Mayor Grenier called the regular City Council Meeting to order at approximately 7:30 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 and Poulin.  Councilor Cayer was absent.  Also present: City Manager MacQueen, Susan Tremblay, Andre Caron, Angela Martin-Giroux, Robert Pelchat, citizens and the press.
         
Minutes, Previous Meetings  
Councilor Danderson moved with a second by Councilor Poulin to accept the minutes of the 2/15/10 WS & Regular Meeting; 2/22/10 WS.  So moved, the motion carried.

Disbursements:
It was recommended by the Committee on Accounts/Claims to pay all bills dated 2/18/10–3/03/2010 for a total cash disbursement of $1,572,730.87 Draft #1611.~ Councilor Remillard moved with a second by Councilor Danderson 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.   Safety Committee
Councilor Evans gave the following Safety Committee recommendations: That Council approve an ordinance for “No right turn on red” traveling northeast on Hillside Avenue to southeast on Willow Street.  So that means there would be no right turn on red at all at that intersection.

Councilor McCue asked why the others had been taken care of and not this one?

Councilor Evans replied that a big reason is that people actually have to follow the law and stop at the line.  The legal process to turn on red is to stop then move forward.  It could be dangerous and clogs the intersection which defeats the purpose of the stop light.

Mayor Grenier asked if the Safety Committee conducted a physical study at this intersection.

Councilor Evans answered that in October the Safety Committee made a physical trip to that intersection.    Amended 3/15/2010.

Mayor Grenier went there today and doesn’t see where they can place a no turn on right sign since there is no space on the pole to put a sign up.

Councilor Remillard explained that once you are behind the line, you could put the sign further back.  Without the line showing, people go all the way to the right before they stop to look out for oncoming traffic.  If there is a line, people will have to honor that line and will not block the intersection for buses like they currently do when a car is parked at Bob’s.

Councilor Danderson is new to the committee but said this is a good call by the Safety Committee.  He advised anyone to visit that area around 2:30 in the afternoon when school lets out to see how busy that area is.  He doesn’t want anyone to take a turn on red there due to the danger of possible accidents.

Councilor Landry asked Councilor Evans if this ties into the northern setback as well.

Councilor Evans reported that three intersections out of the four are already set back in that area.  The new request was brought up by the Police Department.

Councilor Landry inquired if the areas will be lined in the spring?
The City Manager replied that they will wait until spring to paint lines and the Public Works Department will erect a post that says stop here on red and the no turn on red sign can also be placed on that same post.

Mayor Grenier is concerned that too many signs on a pole could be a distraction to drivers.

Councilor Remillard moved with a second by Councilor Landry to accept the Safety Committee recommendation.  So moved, the motion carried.

  NEW BUSINESS

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.  (1st read)
Councilor Danderson moved with a second by Councilor McCue to table the ordinance and schedule a public hearing on March 15.  So moved, the motion carried.

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.  (1st read)
Councilor McCue moved with a second by Councilor Landry to table the resolution and schedule a public hearing on March 15.  So moved, the motion carried.


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.  (1st read)
Councilor Remillard moved with a second by Councilor Landry to table the resolution and schedule a public hearing on March 15.  So moved, the motion carried.

Councilor McCue asked if the city had to match funds for this grant.  The City Manager replied no, there were no matching funds.

Councilor Danderson asked the City Manager to define what the city responsibility is for this grant.

City Manager MacQueen explained that the person making the presentation was supposed to get back to him with more details.  He will look into the matter and relay the specifics to Council.

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.”  (1st read)
Councilor Danderson moved with a second by Councilor McCue to table the resolution and schedule a public hearing on March 15.  So moved, the motion carried.

6.      Resolution 2010-08 Amending the City of Berlin Guidelines for the Administration of General Assistance (Welfare Guidelines) (1st read)
Councilor Poulin moved with a second by Councilor McCue to table the resolution and schedule a public hearing on March 15.  So moved, the motion carried.

7.      Resolution 2010-09 Amending Resolution 2009-47 regarding the sale of Bartlett School.  (1st read – suspend rules)   Resolved by the City Council of the City of Berlin as follows:

WHERAS, the City of Berlin currently owns a building at 56 Mt. Forist Street known as the Bartlett School; and
WHEREAS, in Resolution 2009-47 the Mayor and Council authorized the sale of the Bartlett School on the condition that there be an agreement which includes a clause which would have the property revert to the City if the property development as proposed is not complete within 2.5 years; and
WHEREAS, the Buyer has made the City aware of financing difficulties that the reverter clause creates for them; and
WHEREAS, the Mayor and Council have determined that they do not feel that the reverter clause is necessary for this transaction.  NOW THEREFORE BE IT RESOLVED by the City Council of the City of Berlin as follows: That Resolution 2009-47 passed by the Mayor and Council on  December 21, 2009 is hereby amended  by deleting, in the third sentence from the end, the words, "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" and adding a new sentence to read "All other provisions of Resolution 2009-47 dated December 21, 2009 remain in full force and effect." so that the last four sentences of Resolution 2009-47 now read 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 White Mountain Suites LLC.  Further, that the proceeds of the sale will be deposited with the City Treasurer. All other provisions of Resolution 2009-47 dated December 21, 2009 remain in full force and effect.  This Resolution shall be in full force and effect from and after passage."  This Resolution shall be in full force and effect from and after passage.

Councilor Danderson moved with a second by Councilor Poulin to have the resolution read a second time by title only.  So moved, the motion carried.
Councilor Danderson moved with a second by Councilor Poulin to suspend the Rules of Council to allow the resolution to move onto its final passage.  Roll call resulted in unanimous affirmative votes including Mayor Grenier who declared the rules now suspended.
Councilor Danderson 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 moved with a second by Councilor Poulin to now pass the resolution.  So moved, the motion carried and Mayor Grenier declared the resolution now passed.

Councilor McCue emphasized that in addition to deleting the reverter clause this resolution also changes the name of the buyer.

8.      Professional Assessing Contract Vote.   No action at this time.

9.      City Manager’s Report
Budget Submission
The City Manager FY 2011 Operating Budget was submitted for the further review and consideration of the Mayor and Council.

Tiger Grant
We found that our valiant attempt to put together a regional road paving TIGER (stimulus funds) Grant was not successful. Perhaps we were naïve all along to think that we had a shot at the $44M in stimulus funds. The company that we worked with, Roadway Management, spent a lot of time and money on the project and greatly assisted in putting the grant application and the follow through. The project would have essentially rebuilt all the paved roads in Berlin, Gorham, Shelburne, Milan, Dummer, Colebrook and Rt. 16 between Berlin and Errol and Rt. 23 between Errol and Colebrook.  The project was no doubt unique among all the projects submitted but the obvious weaknesses we had when you compare us with the nation-wide winning projects were essentially the following:
  • Rural low-population areas essentially received no funding.
  • Road projects generally were not winners with most of the money going to bridges, rail projects and major population center infrastructure projects designed to move large volumes traffic.
  • Most of the winners had large local matches where we had a very small match.
No projects from New Hampshire were funded. The other project submitted from New Hampshire was the Memorial Bridge Project in Portsmouth which New Hampshire and Maine submitted jointly. It was not funded either.  Roadway Management has not given up on this project, and now that all the work has been done in putting it together, will be looking for other opportunities to submit part or all of it for funding.

Granite Street Demolition
The burnt out property at the corner of Granite/Willow Street is currently scheduled for be advertised for demolition bids on March 9, 2010. The bid opening is scheduled for March 25th and the actual demolition should occur between April 19 and April 30th.

BOP-FCI Talent Team Recruitment
This past Thursday, I attended a so-called Talent Team Recruitment Meeting at the White Mountain Community College which was put on the by the local Department of Employment Security, WMCC and the BOP. The purpose of this effort is primarily to try to be sure that local businesses and people are through proper education and dissemination of accurate information are able to take maximum advantage of the employment and business opportunities that the prison will offer.  The BOP offers a 15 hour class on just filling out the application for employment at the prison and local people will be trained to put on this class as well. West Virginia has apparently used this approach to a great advantage for their area where a new federal prison has just opened up. For example, typically normally only about 10% of the applicants for a federal prison position are local. In West Virginia, they managed to get this number up to 65%.  Again to summarize the characteristics that this new FCI will have:
  • Construction cost  $267M  (original appropriation $179M)
  • Construction Complete  -- Fall of 2010
  • 2 months or so for punch list completion
  • 1,152 medium security inmates
  • 128 inmate minimum security camp
  • 340 FT staff of which approx 209 will be new hires
  • Will start hiring about 4 months prior to Construction completion
  • $38-40M spent in local economy each year.
Attached is the latest BOP FCI fact sheet for your information.

BEMS Annual Report
The Annual Report of the Berlin Emergency Medical Services (BEMS) Inc. is attached for your information. This company has provided the ambulance service for Berlin on a contractual basis. The current contract with BEMS runs until June 30th 2013.

"What's at Stake?" Gambling Forum
The forum sponsored by UNH and the NH Humanities Council on the subject of gambling in New Hampshire will be held this Saturday at White Mountain Community College from 8:30 to 4pm. If you would like lunch, you should register in advance. The flier for forum is attached.

Legislative Matters
  • HB 1345, which would require that the owners of income properties provide to assessors basic income and expense information about the property necessary to determine value, has been voted by the Local Regulated Revenues Committee as Inexpedient to Legislate (ITL). This is bad news because this kills the bill for this year.
  • HB 1255, which would again unfairly try to apportion damages among remaining parties to liability litigation regardless of whether they had any significant contribution to the damages, has been voted Inexpedient to Legislate. This is good news as this is a very bad bill.
  • SB 492, which would extend the pole tax exemption, is still out there. There is no rational reason for this other than the fact that the cable and telephone companies like the preferential treatment and have been very successful over the years in maintaining this giveaway for themselves. It needs to be killed.
Public Works Monthly Report and City Manager Time Keeping.  Attached to report.

Councilor McCue asked if Council could get a copy of the minutes of the Public Works, Waste Water Treatment Department meeting with Laidlaw.

The City Manager clarified that this meeting was about their sewer permit.  He would give the Mayor and Council a summary of that meeting since there were no formal minutes taken.  

Councilor McCue added that he was pleased the Public Works Director was able to access training through the web which saved on time and mileage.

Mayor Grenier asked about the Bureau of Prisons team.  He wants to make sure we reach out to everyone even if it takes a full court press within the community or county to reach out to people to get them to apply. We have to take the offensive to keep young families here and working.  He asked what the actual process is.

The City Manager stated it is a series of meetings and training sessions with feedback.  

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.

10.     Mayor’s Report
BIDPA Appointment:  Max Makaitis, for a term set to expire July, 2012.
Councilor McCue is concerned and finds it hard to see where Max fits in with BIDPA due to possible conflicts along the way.  Although he appreciates that Max is involved, Councilor McCue does not think it is appropriate for him to be a board member.  He inquired about how many nonresidents can be on that board?

Mayor Grenier replied that they are safe regarding nonresidents if Max is appointed.

Councilor Landry recollected that Max was here for a one year contract through NCIC and asked when does his contract expire?

Mayor Grenier said his contract expires another year after this year.

Councilor Remillard confirmed that the BIDPA Board voted unanimously to appoint Max.  She said he would be an asset to that board and he works hard to contribute to the economic development in the area.  If a conflict arises, he can recuse himself.

Councilor Danderson concurs that Max is business friendly and presents himself well while knowing the business lingo.  Max receives praise from all who work with him.  What more could we want but someone who promotes and brings business to this community.

Councilor Evans informed the Council that there currently are ten members on the BIDPA Board and the last one is a non-resident.  He doesn’t know what the numbers are specifically but the majority of members are from Berlin.

Although Councilor Poulin shares Councilor McCue’s concerns about possible conflicts, he reminded Council that Max received unanimous support from the BIDPA Board.  We don’t want them to think we are not working with them.  He mentioned that the Mike Caron’s letter listed the term to expire July 2011 and Max’s letter listed the term to expire July 2012.  The City Clerk clarified she spoke to Mr. Caron who confirmed that the term actually should be until July 2012.

As a former BIDPA Board member, Councilor Rozek thinks Max would do a good job.

Councilor Rozek moved with a second by Councilor Remillard to accept the Mayor’s appointment of Max Makaitis to the BIDPA Board.  All votes in the affirmative with the exception of Councilor McCue who voted no.  So moved, the motion carried.

Board of Assessors Re-appointment:  Robert Pelchat, for a three year term to expire March, 2013.  Councilor Rozek moved with a second by Councilor Danderson to accept the Mayor’s reappointment of Robert Pelchat to the Board of Assessors.  Unanimous affirmative votes, so moved, the motion carried.

11.     Public Comments   - No Public Comments

12.     COUNCIL COMMENTS

Councilor Danderson said that lately the city is applying for and approving lots of grants and he would like to personally review what the city’s responsibility is with grants.  He was surprised at the amount of tonight’s grant.  He mentioned that in the past, the City had EPA grants for a sewer system upgrade and ended up paying a fine for not properly managing the grants.  He would like to have the City Manager discuss grant responsibility and repercussion at later date.

Councilor McCue reported that the LGC Legislative Committee is scheduled to meet April 16 to discuss legislative policies.  He encouraged anyone that has legislative concerns to contact him since this will be a great opportunity to be heard.  

Councilor Rozek has been working on a matrix regarding TKB properties.  He is not a real estate expert but thought this was something the Mayor and Council should be made aware of.  TKB purchased several properties on the east side.  Councilor Rozek went over this at the Assessor’s Office to review sale dates.  Some of these buildings have never been occupied and some other buildings are questionable.  These kinds of buildings should be torn down since they don’t help the community.  He also found it odd that TKB started purchasing buildings within a 3-4 block area.  It will take millions of dollars to reclaim these properties and they have to maintain those buildings.  In addition, a couple of weeks ago, he noticed we are paying for fuel and they are also asking for tax abatements and taking city services.  So many properties are now owned by TKB he wonders what the underlying purpose here is and so many in a small area gets him to question why.

The City Manager replied that the new Council needs to have a review or presentation made on The Neighborhood Stabilization Program.  That would be a starting point to answer some of these questions to see specifically what that program does.

Andre Caron, Housing Coordinator, explained that the whole Neighborhood Stabilization Program is about buying blighted houses that people never want to live in.  The Federal requirement demands it to be tight neighborhoods and it was up to the city to prove we had a tight community.  School Street, Granite Street and the lower East Side match those qualifications.  It is the broken window effect for buildings that have been abandoned for years.  There has been a creeping of abandoned buildings on Champlain Street and Kevin Lacasse and Tim Coulombe saw Berlin had a need.  Mr. Caron invited Councilor Rozek to come down and he will explain what the Federal Program is about.  It is for abandoned buildings and Berlin is the only entity in the state that has a private partnership.  If this is not done, who will tackle all those buildings which are mostly already tax deeded.

Mayor Grenier said anyone living in the area of 97 Granite Street would like to see it torn down and there is also no parking in that area either.  Some buildings just have to come down.  

Councilor Remillard praised the program which will take a dilapidated building and bring it fully up to code which will turn a whole area around.  These are buildings that no one else would invest in on the east side.  She invited the skeptics to come back in 5 years and see the difference.  We cannot put spears in this project.  She thinks it is a good idea to have an update on the Neighborhood Stabilization Program.  These gentlemen have put in their own finances and are not walking away from this project.

Councilor Landry had the same questions last year when he first came on board.  His reservations about the program were put at ease when heard what the Federal Program actually was about.  He did question Andre why the mortgage amount was more than the Federal money amount.

Mr. Caron surmised it could be due to construction and he really cannot comment more than it is their business.  It is a Federal Program with strict guidelines.  Foreclosures not condemned buildings do not meet the criteria.  He has to manage the grant money correctly according to strict stipulations and has to prove and document how the money was spent.


Councilor Danderson added he fully trusts Andre and knows he will keep track of what needs to be done.

Mayor Grenier assured Mr. Caron that there was no ambivalence intended here.  A situation where abandoned buildings are targeted on the east side tends to throw up red flags.  

Councilor Poulin concurred there is no question about this program.  We do not want to be perceived as jumping ship.  This is the best thing that happened for Berlin and we are lucky to have Andre overseeing this exciting program.  He and Joe Martin have made a big difference with Berlin’s housing situation.  

The City Manager commended Andre for taking the time to find demolition.  So far we have spent over half a million dollars to take down buildings.  Overall, this should put the city further ahead to take down buildings and bring others up to code.  We are very aggressive now and one-two people are trying to handle the grants.  We have no money or staff to buy houses.  

With all that said, Councilor McCue agrees the Neighborhood Stabilization Plan is critical to the City of Berlin.  It is because of the program that properties have improved and other properties are now being bought by better investors who are putting money into them.  Council should not do anything to jeopardize the project.  He told Andre to keep up the good work.   

Councilor Landry asked the City Manager if Mr. Dillon’s cutting permits had expired and asked for clarification.  City Manager MacQueen replied that the City hired Haven Neil to review such matters.  He will ask Mr. Neil the status of the Dillon cuts.

Councilor Landry then asked the City Manager about biomass plants and pilts.  He said a few people were concerned they will take energy tax credits.  He asked the City Manager if any utilities pay pilts or do they pay full taxes?  The City Manager replied that utilities pay full taxes.  He presumes the biomass plants will apply for tax credits.

Councilor Poulin asked the City Manager to look into a possible plowing problem at 624 Beaudoin Street since he received a call from the resident at that address.  The City Manager will look into the matter.

13.     Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Danderson moved with a second by Councilor Landry to adjourn the regular meeting at this time.  So moved, Mayor Grenier declared the Regular Meeting adjourned at approximately 9:00 p.m.

A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
City Clerk