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City Council Minutes 03/22/2010
Work Session
March 22, 2010

Present were:  Mayor Grenier, Councilors Landry, Remillard, Danderson, McCue, Evans, Rozek, Cayer and Poulin

Others present included several firefighters, Paul Ingersoll, Randall Trull, Andre Caron, Tim Coulombe, Kevin Lacasse, Lucille Weimer, Blandine Shallow, Patrick MacQueen, Stephen Condodemetraky, Jon Edwards, Bill Gabler, Betty Domino, media and public

Road Rally Discussion
Representative Ingersoll reported that he has been working with Stephen Condodemetraky, the NHDOT and State Police to solidify plans for a road rally in Berlin.  Mr. Condodemetraky explained that he is the Executive Producer of the Robin Hood Rally which is based on motorsports experience.  Councilor Danderson expressed his support with the exception of the City having to be responsible for any cost. Mr. Condodemetraky stated that he will cover all costs and once a detailed estimate has been prepared, an escrow account will be established to assure the City that costs are covered.  To a question about whether the City can be held liable, Mr. MacQueen indicated that it would not be realistic to sue the City when the contract is with the State DOT.   Mr. Condodemetraky noted that they are insured with Wells Fargo and they are bonded.  

Councilor McCue confirmed the dates to be May 21 & 22.  Participants are charged $5,000  to participate and 55 drivers have been accepted to attempt to qualify at Pocono Raceway.    Councilor Rozek affirmed that there is insurance and a catastrophic event would be a non-issue.  

Councilor Landry ascertained that the pre-event would be held at the Town and Country in Gorham which will be the base of operations; however the group is looking for a venue in Berlin for the Saturday evening cocktail party.  Mr. Condodemetraky said that they would like to use City Hall; however the event will not be open to the public but would be by invitation only.  The program derived from this would be about Berlin; about the drivers, then about racing.  To Councilor Landry’s question about staging some of the activity in Berlin, Mr. Condodemetraky said that the concept of the show is to get people here and showcase Berlin.  He noted that there will be spectator viewing along the course with the safety of the spectators being kept at the forefront.    

Fire Department Budget Presentation
Chief Trull explained that in his budget submitted to the city manager, he had requested the addition of two firefighters and he is now facing a reduction of staffing by two firefighters.  He indicated that his department responded to 464 emergencies, 77 of which were multi-family dwellings.  

Firefighters are busy throughout the day with firehouse duties, daily apparatus checks and keeping equipment operational and safe.  There are plans reviewed, fire education, 70 yearly boiler inspections done by the department, speeches, lectures and community service done by the department and a work force is needed to do all of this.  

Chief Trull went on to say that multi-family dwellings that were inspected were found to have 1100 violations that need follow-up.  The department is responsible for 35 155-B orders to date.  He reported that 13 people are needed to get started fighting a fire and Berlin typically responds with four.  Finding the cause and origin of fires is work force intensive and as fatigue sets in, injuries occur.

Chief Trull recounted that it takes 25 minutes for mutual aid to reach us and Berlin typically has a four minute response time.  The department has training needs as well.  They respond to vehicle extractions; there were forty fires last year with twelve being major alarms.  

The Chief stated that he can’t keep guys safe if positions are eliminated.   The rule for fighting a fire is two in and two out.   If the National Standard is followed more firefighters would be needed.  Chief Trull credited his department with a lot of saves with the firefighters they have including a recent kitchen fire and chimney fire.  

Mayor Grenier stated that he did not feel it to be the right time to be eliminating personnel and he said he supports restoring the two positions cut by the City Manager.  Mr. MacQueen estimated that it would cost about $180,000 to restore personnel.  Mayor Grenier confirmed that implementing the City Manager’s budget would mean re-working standard operating procedures

Councilor McCue commented that he appreciates plan A, where two firefighters are added above current levels, but he did not see adding to the department at this time.  He stated that one of the hurdles for him is the problem with the retirement system and it is time that we let those in the Legislature know that they have to start dealing with retirement system problems. He said that future city contracts should take into consideration a job that has to be manned seven days per week, and offering time and one half on Sundays; it doesn’t fit.  Councilor McCue stated that the city spends a lot on telephone services and office supplies.  He confirmed that a Plectron allowance is the notification system to the call department with amplifiers and pagers to alert them of a fire on their off duty time.

Councilor Rozek affirmed that the Chief lives in Berlin as do 96% of the firefighters in the department.  Councilor Evans questioned the increase in the assistant chief’s pay and Mr. MacQueen clarified that the increase presented is in the City Manger’s budget and was not proposed by the Fire Chief.   Chief Trull also noted that the increase goes back to the fee 0schedule.  

Councilor Landry commented that Berlin is the size of a town running the infrastructure of a city.  Chief Trull affirmed that Somersworth is running with same crew as Berlin; however there are cities in its surroundings that can offer mutual aid, if necessary.  

Mayor Grenier stated that there has been active work within the city’s unions and for the first time, city employees are looking at compensation deferments and give backs in return for no loss of personnel.  Asked if he would support and go along with such measures, Chief Trull stated that he would.  

a.      Discussion of Fire Department Fees
Mr. MacQueen reviewed a memo regarding proposed fees for fire alarm boxes, and inspection services performed by the fire department and made recommendations in line with the discussion from the last meeting.   Also presented was a graduated fee depending on square footage which would likely raise the same amount as a flat fee.

Councilor Danderson questioned whether other government agencies such as the prison and technical college will pay the fee and Mr. MacQueen confirmed that they would.  

Mayor Grenier asked if the assistant chief would do electrical inspections and Chief Trull noted that the authority falls under the building inspector.  Doing electrical inspections would mean obtaining NFPA certification.  Mayor Grenier commented that there are more dumps and fire traps now than years ago and we should be spending more on inspections and shutting down buildings to send a message.  As long as this is a problem, the City wont’ be able to progress to its potential.  

Councilor Remillard asked how many firefighters go to inspections.  In his response, Chief Trull described the process of two people going to oil burner inspections, and an initial inspection would be done by an entire engine company and annual inspections are done with one person. Councilor Remillard commented that the proposed fees are low considering the manpower involved.  

Councilor Poulin agreed stating that he is in favor of keeping the residential inspections the same but suggested going up on the remainder by 50%. Having these inspections done is an inherent benefit to them.  Mayor Grenier asked for a matrix of what the ordinance proposes for fees and what could be proposed and revenues that would be derived from each proposal.    

Councilor Rozek questioned the process for false alarms and confirmed that a residential call would be responded to with two engines while the hospital is a three engine response. Afalse alarm takes up approximately 1.5 hours of time.  

Chief Trull expressed the need to fill the position of assistant chief.  Mayor Grenier noted that the salary has not been agreed on and the salary increase is being tied to increased fees.  In a straw poll, the Council voted 5/4 to support filling the position of assistant chief.  Mayor Grenier added the agenda item to next week’s work session.  

Application for Downtown Tax Relief (L. Wiemer)
Lucille Weimer explained that she is doing repairs to the outside of the Rite Aid building (200 Pleasant Street) and did not submit an application last year for this work.  The project is 1/3 complete.  

Mr. MacQueen explained that the issue is that much of the work is done and it seems that the ordinance was adopted to be prospective rather than retrospective.  Whatever is decided would be in place for everyone else who applied in the same way.  

Mayor Grenier confirmed with Board of Assessors Chair Jon Edwards that work done prior to April 1 would only be taxed this year.  Mr. Edwards replied that any exceptions would concern the BOA.  Mr. MacQueen clarified that the city council determines what is eligible. Mr. Caron stated that the process is that the applicant comes in with estimated costs that are reviewed by staff who look at the reasonableness of estimates.  If costs are reasonable and in line, the request goes to Council and they determine whether to grant the incentive and the term.

Councilor McCue added that the ordinance requires a public benefit as part of the resolution.  In response to Councilor Remillard’s question about the percentage of completion, Ms. Wiemer noted that one of three sides is done.  

Mayor Grenier affirmed that there will be a resolution for the April 5 agenda.  

911-Street Name Changes
Mr. MacQueen explained that Ms. Laflamme has been working with 911 in Concord and they are at a point where the State has issued a set of maps that will benefit the emergency services in the city. 911 has presented issues that they consider confusing with the first being a road off Cates Hill Road that leads to cell towers.  The recommendation is to name the road Tower Road.  This would not be accepting it as a city street, but simply giving it a name.

The second area of confusion is Seventh Avenue, Seventh Street and the proposal is to change Seventh Avenue to Cliff Street.  Councilor Danderson was reminded of the discussion that occurred some years ago and the business on Seventh Avenue was against the name change.  He suggested Nordic Street which would be named after the business. Councilor Rozek commented that a change of address for a business can appear as a red flag and creates insecurity.  He claimed that it is less costly for residents to make the change.  Councilor McCue stated that a change of address changes a credit report, even for residents.

Mayor Grenier stated that the Hansen’s who own the business on Seventh Avenue need to be contacted.  Mr. MacQueen noted that not making a change would result in not getting the updated maps and the 911 system won’t get to a maintenance level where 911 would be taking on the responsibility of assigning future addresses.

Councilor Danderson moved to accept the name Tower Road for the section of road off Cates Hill; Councilor Rozek seconded and the motion carried.  

Councilor McCue moved to have staff contact the Hansens regarding the change of street name; Councilor Danderson seconded and the motion carried.

NSP Presentation – Andre Caron, Housing Coordinator; Kevin Lacasse, Tim Coulombe TKB Properties, Tony Smith, Project Manager.
Mr. Caron explained that the group was here to revisit the Neighborhood Stabilization Program to see that the Council has an understanding of major issues.  The Governor and Council recently signed for Berlin to get another $500,000 of neighborhood rehabilitation money and with that $4.8 million of work is coming to the city.  

The Russ Thibeault Study done in 1999, made several recommendations that are being implemented such as:  demolishing and removing 50 units per year; rehabilitation and density reduction; code enforcement activities.  Mr. Caron reviewed some of the neighborhoods that will be addressed with the grant money.  

He showed a chart that shows a correlation between 911 calls data and dilapidated buildings.  Buildings to be taken on by TKB Properties have to be foreclosed and abandoned; they take on the projects that are the worst of the worst.  Mr. Caron noted that other cities that received this grant money have non-profits buying the houses.  The granting agency looked favorably at Berlin because there was a private public partnership.  

Reviewing a typical revitalization project, Mr. Coulombe stated that a building is gutted; sprinklers are added, energy efficient windows, insulation, and siding as well as energy star appliances.  Every property will have energy rating of 50 which is above the standard.  At the end of a project, TKB would have a building worth $240,000 and they will have invested $20,000; however they would lose their investment if they go off contract which binds them for 25 years.

Mr. Coulombe reported that New England Family Housing was formed in2004 with offices in New Hampton.  They are in the business of owning, and renovating apartments and everything done so far has been done with private money.  They were able to do the projects in other communities because the rents supported the mortgage; however in Berlin, the money didn’t work.  When the grant came up, it was an opportunity to work in Berlin. Both Mr. Coulombe and Mr. Lacasse grew up in Berlin and have ties to the area.

Some of the work done by TKB Properties in Claremont and other communities was shown and described.  TKB has purchased 13 properties in Berlin using private capital, and having a rehab cost of approximately $2,734,000 which will be covered by the grant.  To the extent possible, TKB will keep the work local, from contractors to suppliers.  It is their intent to rehabilitate the properties making them highly sought after in the community.  Councilor Evans left the meeting at this time.

PILT Negotiations between City of Berlin and Laidlaw Berlin Biopower and Clean Power Development
Mayor Grenier mentioned that PILT for the biomass plants was discussed at a meeting a few weeks ago and he would like the City Manger to send a letter to the developers to see if they want to discuss a payment in lieu of taxes, having Skip Sansoucy participate.  Councilor Danderson so moved; Councilor Rozek seconded.   

In discussion Councilor McCue asked how to pay for this and Mr. MacQueen stated that there is no quote yet from Mr. Sansoucy for this work. He stated that he would bring a quote back to the Council.  Councilor McCue reiterated, anything that would be negotiated would have to come back to City Council and the Board of Assessors. Councilor Remillard clarified that the motion gives permission to begin the process; agreeing to the discussion.  
In the vote that followed, all voted in favor.  Councilor Landry left the meeting at this time.

Non-Public Session
Councilor Danderson moved to go into Non-Public Session per RSA 91-A:3, II(d) Land Matters; Councilor McCue seconded and the motion carried unanimously by roll call.

Councilor Danderson moved to seal the minutes as releasing them would render the proposed action ineffective; Councilor Rozek seconded and the motion carried unanimously by roll call.

Councilor Danderson moved to come out on non-public session; Councilor McCue seconded and the motion carried unanimously by roll call.

Councilor Rozek moved to adjourn; Councilor Danderson seconded and the motion carried.  The meeting ended at 10:20 p.m.

Respectfully Submitted,

Susan Tremblay
Administrative Assistant