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City Council Minutes 03/29/2010 Work Session
Work Session
March 29, 2010

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

Others present included:  Blandine Shallow, Betty Domino, Jon Edwards, Sue Warren, Angela Martin Giroux, Laura Viger, Yvette Leighton, Tom Pickford, Andre Caron, Randall Trull, media and public, civics class students

Mayor Grenier opened the meeting at 7:25 p.m.

Assessing Contract Recommendations
Jon Edwards reported the Board of Assessors’ recommendation to continue with Avitar for the City’s assessing needs.  Brett Purvis was the lower quote; however the original owners are no longer with the firm.  The City has experienced revaluations where we’ve had inexperienced firms.  Councilor Danderson confirmed that an attempt to negotiate the price with Avitar failed and Mr. Edwards explained that it is a difficult market on which to judge retail value.  Councilor Rozek suggested leasing the software program and getting our own field representative to do the field work.  Mr. Edwards noted that he has been pleased with the way Avitar negotiates with the public and deals with abatements.  Councilor Danderson agreed that declining property values and the sale of foreclosures is making it hard to determine market value.  He added that now is not the time to change.  

Councilor Remillard expressed disappointment that Avitar would not negotiate a little.  She rationalized that they are familiar with the city and agreed that it is not time to change.  Mayor Grenier observed that over the life of the contract, it amounts to $68,000 per year and we don’t have to pay retirement and other benefits

Mr. MacQueen noted that Avitar is offering two ways to pay for the contract:  dividing the contract into five even payments or to pay for the revaluation in the last year of the contract when it is done.  Mayor Grenier asked if any of the Council members felt that the City should not contract with Avitar.   Councilor Rozek commented that Avitar created a lot of issues and their numbers had to be adjusted and their accuracy was off.  Councilor McCue clarified that MRI was not recommended because of the way they quoted and they had no quote for the final year of the contract.  

Councilor Danderson moved to accept a five year agreement for residential assessing services to be provided by Avitar Associates of New England, Inc. with billing to occur as services are rendered; Councilor Remillard seconded and the motion carried.  Councilor Rozek voted against.

Utilities Assessing
Mr. Edwards commented that Skip Sansoucy is in a class by himself.  He did not want to think what would happen If the City did not have him and would have to be satisfied with the State’s utility values.  Mr. Sansoucy is sharp and well respected.  He is adding more to the coffers of the City than the cost of the contract.  

Mr. Edwards reported that the State now has its own assessing firm and the BTLA has to answer to the assessing board and he wondered about utility values in the future.  He mentioned that it would be a good idea for the city to be communicating with head of the board and not deciding on this tonight.  Mayor Grenier indicated that Mr. Sansousy is being trusted to settle a dispute with Littleton regarding the assessment of Moore Dam.   Councilor Danderson thought it important to go with the contract.  Councilor McCue commented that he would like to know more about the changes at the BTLA. Mayor Grenier asked Mr. Edwards to get more information and report back to Council.  

Councilor Rozek moved to accept the utilities contractual agreement as proposed; Councilor Danderson seconded and the motion carried unanimously.  

Mr. MacQueen noted that this year’s budget line item will have to increase to $42,000.

PILT Cost
Mr. MacQueen confirmed with Mr. Sansoucy that the rates in the contract would be charged for PILT negotiations.  He estimated that it would cost between $20,000 to $30,000 to negotiate PILT agreements for both Laidlaw and Clean Power.  

Councilor Danderson felt that both companies are vulnerable and he didn’t trust either to survive.  He did not want to spend the money if neither survives.  Mr. Edwards stressed the importance of negotiating PILT with the owner rather than the operator of the plant.  Mr. MacQueen reported that he called Mr. Sansoucy and he did not think it was critical to start the negotiations at this time.  Councilor Danderson advocated for negotiating when we are sure there is going to be a project there.

Councilor Poulin was of the opinion that they should pay full taxes.  Mayor Grenier reiterated Mr. Sansoucy’s presentation earlier this month where he laid out all the reasons to go with a PILT agreement that will benefit both parties by letting them know where they stand when it comes to taxes.   Councilor Danderson stated that he would not want to go more than five years; however Mayor Grenier stated that he would be inclined to go longer.

Councilor Remillard moved to go forward with negotiating a PILT agreement for Laidlaw and Clean Power; Councilor Rozek seconded and an initial vote resulted in a tie; Councilor Danderson then changed his vote and the motion carried with Councilors Poulin, McCue and Evans voting against.

Community Services – Budget
Health Department
Ms. Viger explained that there are four full time nurses employed at the health department and a small number of part time nurses, some who work every week and some on a per diem basis based on how much work there is.  Mr. MacQueen reported that when he asked Laura to make a $102,000 cut it was to balance the expenses with the revenues that came in from Medicare.   He has since found out that Medicare revenues go all over and are impossible to predict.  Medicare revenues come from the visiting nurse functions and if there were no visiting nurse function, there would be no Medicare.  In the past, the health department budget has made money in some years and cost money in some years.  

Ms. Viger stated that she proposed three different scenarios to meet the $102,000 cut with the first being eliminating all nurses and having a health officer and public health clinic only. A second scenario would be to keep the visiting nurses and reduce the health officer function; however State statute mandates some form of health officer. The third scenario is to continue the visiting nurse program and pay for it with the revenues generated.  The health officer, clinic and clerical duties would be paid for by taxes.   

Ms. Viger proposed to increase fees for inspections and clinics and she felt that $20,000 could be raised.  Mayor Grenier stated that the visiting nurse program is critical to the community.  Ms. Viger stated that she is doing more advertising and will make every effort to garner the most out of each nursing visit.  This is a good quality program with good quality care.  

Councilor McCue indicated that he is concerned about the difference of $15,000 in the salaries line item and it does not tell if there is a layoff involved or how the cut is achieved.  He confirmed that $532,000 is enough to function but does it prevent layoffs.  Councilor Danderson asked if we are missing revenue and Ms. Viger noted that the rates are set by Medicare; however it is likely that more can be done to get the most accurate information on the OASIS form.  

Mayor Grenier suggested raising the revenues for budget purposes to get to $532,000.  Mr. MacQueen stated that there is no way to predict what will come in.  Councilor Poulin asked if there are tools that could streamline the process.  Ms. Viger indicated that she has been researching computerizing the visiting nurse program.  In a recent cost analysis, one company claimed that they could save $200,000.  Councilor Poulin asked if the Rumney Trust money could be used to purchase the software. In response to Councilor Rozek’s question, Ms. Viger reported that the software would cost $33,000 for the initial investment, then $2,600 per month for the service and the city would have to purchase the laptops.  Mayor Grenier confirmed that the visiting nurses work throughout the region and he suggested applying for a Tillotson grant for the equipment.  Ms. Viger indicated that she is looking at a stimulus package as well.

Recreation
Ms. Viger reported that the reductions to keep a flat budget impacted the programming funds and increases will have to be passed on through higher fees to participants.  She asked for consideration of those people who don’t have the money and need the recreation.  There is also field maintenance money that is needed to maintain the capital work that was done on the fields.  She stated that the department does giveaway work that amounts to $35,000 for city events.  The department is top heavy with wages and there is minimal money for supplies and materials.

Mayor Grenier stated that he is treasurer of the Notre Dame Arena.  He went on to say that the arena and Babe Ruth baseball serve a lot of people that are poor and it is not good to cut from these programs.  Councilor Danderson suggested lessening what is given to outside agencies and giving it back to recreation department.   

Councilor Danderson commented about huge school budgets and the recreation department taking care of the school fields; Ms. Viger felt strongly that the fields are the property of the city and schools have a different goal that may not put priority on maintaining fields.  Councilor Remillard established that she does not want to see Recreation cut.  She questioned whether there is any place where we can justify billing.  Ms. Viger replied that typically events don’t make money.  Councilor McCue agreed saying that the days of events are going away.  

Mayor Grenier reasoned that he’s identified $12,950 to restore. Mr. Pickford commented that as a Recreation Commissioner he would hate to see the fields lose funding.

Welfare
Angela Martin Giroux explained that the welfare department pays where the needs fall and the biggest need is rent, medical needs come in at a close second.  Councilor Remillard confirmed that a lien is placed on any property the welfare recipient owns.  Ms. Giroux reported that the Welfare office has 1500 office contacts per year and they spend a lot of time helping people to seek assistant with other agencies.  She said that she is seeing a lot more of the working poor; costs are going up while their pay is not and they can’t make ends meet.

She worried about unemployment compensation ending in this month and the State is cutting back on their budget which will have an impact on services and ends up coming down to cities.  There were no questions; Councilor Rozek confirmed that help is typically for Berlin residents.

Library
Denise Jensen reported that 31,200 people came to the library last year to use computers and printers; borrow books, movies and participate in programs.  There were 65 Children’s programs and 1,152 children participated.  There are 11 families paying the nonresident fee to use the library.  The library issues an average of 293 new cards per week.  The library budget is less then ½ of 1% of the total city budget.  

Ms. Jensen explained the cuts to magazine and newspaper subscriptions that were made to achieve the budget goal.  The first six items from the budget are labor related and 86.9% of the budget is wages.   

Councilor Poulin asked if we could function with less staffing and have more to offer.  He said the budget seems upside down and he asked if restricting the hours could help.  Ms. Jensen stated that the library is open 39 hours per week and has 3 full time and 2 part time staff.  With two departments, adults upstairs and children downstairs, there needs to be someone there.   Responding to Councilor Rozek’s question about per diem employees, Ms. Jensen explained that they fill in when there is sick time or vacation.  Councilor McCue asked about downloadable audio books and Ms. Jensen stated that the library could not afford the $300 initial fee and yearly charge.

FD Assistant Chief and FD Fees
Chief Trull stated that proposed fees have been increased by 50% as suggested by the Council at the last meeting.  Fees would go into a computer system and there will be computer generated billing.  He estimated that $37,825.00 would be generated with inspections, false alarms and vacant buildings.  Mayor Grenier asked how the blasting permit is applied and Chief Trull explained that an application would be developed outlining what is required; the department would do a site visit and require an explanation of what explosives are coming into the city and how they are being transported.  Mayor Grenier commented that he would not want to see a department of the City such as water works, be charged for work going on in the streets.  

Councilor McCue acknowledged that this will get $37,825 into the budget but still does not get to the amount needed for the assistant chief.  Chief Trull stated that user fees for the fire alarm were not included.  Mr. MacQueen suggested hiring at $54,000 and Chief Trull noted that he would like to make the offer now.  

Councilor Rozek commented that from the presentation, he gathered that there are not enough personnel to get to the fire.  He suggested not filling the assistant chief position and paying extra to split the duties among the captains and hire “boots on the ground”.  Chief Trull maintained that he needs someone to work with and interpret the code as well as a second in command.  Councilor Rozek argued that it seems that more people on the ground are needed and we hire administrators.  He added that he won’t support more money for an assistant chief but would support hiring a firefighter.  Councilor Danderson confirmed that the assistant chief works at the fires.  

Councilor McCue affirmed with the Chief that the fees in the proposed ordinance are reasonable.  Councilor Rozek commented on the rundown apartment buildings that put our children as well as firefighters at risk.  He questioned why nothing is being done.  Mr. MacQueen reported that a great deal has been done.  A new inspector was hired and Mr. Caron and Chief Trull have been working to make improvements.  He encouraged a look at the record of what has been done with such a small amount of people.

Councilor McCue indicated that he doesn’t like setting policy by appropriation.  He noted that the prior discussion was about $61,000; he asked if the salary goes to $56,000, could the remaining $5,000 be shown elsewhere.  Mayor Grenier asked to have the item back on the agenda for next Monday and it will be put for final vote in work session.    

Request for Use of City Hall-Road Rally Private Party
Mr. MacQueen stated that there is a policy of no alcohol in city hall but this will be a privately catered party just for participants and invited guests of the road rally. Councilor McCue expressed concern that the policy is limited to non-profits.  Mr. MacQueen made the point that the Council has the authority to do anything with regard to the policy.

It was moved by Councilor Poulin that items 1 & 8 of the policy be waived and that the rally be allowed to rent the city hall auditorium with conditions as approved by the city council; Councilor Remillard seconded and the motion carried.  Councilor McCue voted against.

Benefit Concert
Mayor Grenier explained that the board of the Notre Dame Arena was approached by a band with local ties called Burne.  They originally came up with an idea to augment the donation made for the reward fund for the fires occurring in Berlin.  They want to have an all day concert from 11 to 11 with the proceeds going to safety services.  The Arena has agreed to donate the use of the building.  No alcohol will be allowed and the arena has procured a one day insurance policy.  The band wants to solicit money for a new fund for safety services that would be spent at the discretion of the police commission.  Councilor McCue expressed concern saying as with all donations, the devil is in the details.  We don’t know if these will be tax deductible or not.  Mayor Grenier suggested referring the issue to the police commission

Hiring of NSP Engineering Consultant
Mr. MacQueen reported that the City went through a request for qualifications process to hire an engineering firm for the NSP program.  The field started with 8 and was narrowed to 3.  HEB Engineers is closest to Berlin and they are capable of doing the work.  Funding will be from the NSP grant.  

Councilor Danderson moved that the City Manager is authorized to enter into an agreement substantially similar to the attached agreement with H.E. Bergeron Engineers, Inc. to carry out the necessary engineering of the NSP program; Councilor Poulin seconded and the motion carried.

Sale of Tax Deeded Properties.
Mr. Caron stated that the law allows the city to charge for taxes, interest and expenses incurred for a tax deeded property.   Any money received above the expenses goes to previous owner.  

Mayor Grenier confirmed that the gas tanks have been removed from the 174 Jericho Road location.  The property has city water and a septic system which has failed.  

818 Fourth Avenue is a foundation and garage.  The recommendation is to offer the property to the two abutters; however the $ 8,200 of back taxes owed may be cost prohibitive.  It was the consensus of the Council to lower the amount.

Willard Street Land is an odd piece and there is only one abutter that it would be valuable to.  The recommendation is to offer it to the abutter which would make his land a complete square.

Pershing Avenue is a small single family house.  It is recommended that the starting price be in the low 13,000; it would be sold to be rehabilitated with a 12 month reverter.  

Wood Street is the property that Mr. Gagne was seeking to buy.  The starting price would be $4,700 for the land.

Councilor Poulin moved that the City Manager is hereby authorized, indefinitely until rescinded, to offer for sale at the earliest appropriate opportunity, the properties listed below by sealed bid with conditions as indicated for each property or take the appropriate action as otherwise indicated:
Map/Lot 104-0024.0000, 174 Jericho Road: This parcel and building will be offered for sale by sealed bid with the minimum bid being comprised of back taxes owed, interest and expenses. The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances. City Code Enforcement will make the final determination as to the fitness of the building. The sale of this property will subject to a reverter if the conditions of sale are not met.
Map/Lot 119-0468.0000, 818 Fourth Avenue: This parcel will be offered for sale by sealed bid to the two direct abutters with the minimum bid being comprised of back taxes owed, interest and expenses. The purchasing party is required to merge the properties, remove the foundation and backfill to existing grade within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances. City Code Enforcement will make the final determination as to compliance of these requirements. The sale of this property will subject to a reverter if the conditions of sale are not met.
Map/Lot 120-0141.0001, Land Willard Street: This parcel will be offered for sale to the remaining abutter with the minimum request being comprised of back taxes owed, interest and expenses.
Map/Lot 135-0213.0000, 120 Pershing Avenue: This parcel and building will be offered for sale by sealed bid with the minimum bid being comprised of back taxes owed, interest and expenses. The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances. City Code Enforcement will make the final determination as to the fitness of the building. The sale of this property will subject to a reverter if the conditions of sale are not met.
Map/Lot 136-0050.0001, Land Wood Street: This parcel will be offered for sale by sealed bid since the lot is considered buildable with the minimum request being comprised of back taxes owed, interest and expenses; Councilor Remillard seconded and the motion carried unanimously.

Non-Public Session
Councilor Poulin  moved to go into non-public session per RSA 91-A:3 (d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community; Councilor Remillard seconded and the motion carried unanimously by roll call.

Councilor Evans moved to come out of non-public session; Councilor Poulin seconded and the motion carried unanimously by roll call.

Councilor Poulin moved to seal the minutes of the non-public session as releasing them would render the proposed action ineffective; Councilor McCue seconded and the motion carried unanimously by roll call.

Councilor Rozek moved to adjourn; Councilor Poulin seconded and the motion carried.  The meeting ended at 10:45 p.m.

Respectfully Submitted,

Susan Tremblay
Administrative Assistant