PUBLIC HEARING – April 19, 2010
Mayor Grenier opened and called to order the duly advertised and scheduled public hearing to accept public comments on the below noted ordinance and resolution at approximately 7:29 p.m.
-Ordinance 2010-04 Prohibiting Parking in Front of 220 Main Street
-Resolution 2010-13 Granting Downtown Tax Relief for 200 Pleasant St. M119; L31
There being no one wishing to speak for or against the above noted ordinance and resolution, Mayor Grenier closed the public hearing at approximately 7:30 p.m.
REGULAR CITY COUNCIL MEETING – APRIL 19, 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, McCue, Danderson, Evans and Rozek. Councilors Poulin, Landry and Cayer were absent. Also present: Susan Tremblay, Corinne Cascadden, BEA Members, BHS Civics Class students, citizens and the press.
Minutes, Previous Meetings
Councilor Remillard moved with a second by Councilor Evans to accept the minutes of the 4/05/10 WS & Regular Meeting; 4/12/10 WS. So moved, the motion carried.
Disbursements:
It was recommended by the Committee on Accounts/Claims to pay all bills dated 4/08/10–4/21/2010 for a total cash disbursement of $1,332,164.37 Draft #1614.~ 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 Reports
2. Ordinance 2010-02 Rescinding Article III, Partial Tax Exemption for New Industrial and Commercial Construction of Chapter 19 Development. (live motion) Be it ordained by the City Council of the City of Berlin as follows:
WHEREAS, in response to the passage of HB1651 by the State Legislature in 2008 which authorized municipalities in Coos County to provide partial exemptions for new construction on commercial and industrial properties, the Mayor and Council adopted a City Ordinance which provided for same; and
WHEREAS, it is clear that there are practical problems with the implementation of the law and ordinance which need to be corrected in the legislation; and
WHEREAS, the Mayor and Council acknowledge that in addition to the concerns regarding the practical implementation of the ordinance, the current time is not appropriate for such partial tax exemptions in Berlin. Now therefore, be it ordained that the Code of Ordinances of the City of Berlin is hereby further amended by deleting in its entirety Article III, partial tax exemption for new industrial and commercial construction, sections 19-46 through 19-52 of chapter 19, development, and further by reserving said Article and Sections. This Ordinance shall be in full force and effect from and after passage
Councilor Danderson moved with a second by Councilor Evans to have the ordinance read a third time by title only. Roll call resulted in affirmative votes by Councilors Remillard, Danderson, Evans, Rozek and Mayor Grenier. Councilor McCue voted No. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor Remillard to pass the ordinance. Roll call resulted in affirmative votes by Councilors Remillard, Danderson, Evans, Rozek and Mayor Grenier. Councilor McCue voted No. Mayor Grenier declared the ordinance now passed.
3. Ordinance 2010-04 Amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article III, Stopping, Standing and Parking by adding Sec. 15-78.1. No Unauthorized Overnight Parking. (tabled 4/05/10) Be it ordained by the City Council of the City of Berlin as follows:
Whereas, the district court has moved its location from 220 Main Street to a new location; and
Whereas, there is off-street parking now available in front of the building at 220 Main Street; and
Whereas, that available parking is quickly becoming used as private parking for surrounding buildings; and
Whereas, this has made fuel deliveries and snow plowing in the location very difficult to achieve. Now therefore, be it ordained that the Code of Ordinances of the City of Berlin is hereby amended by adding a new Section 15-78.1 to Article III, Stopping, Standing and Parking of chapter 15, Traffic and Vehicles to read as follows:”Section 15-78.1. No unauthorized overnight parking. There shall be no overnight parking of unauthorized vehicles in the paved off-street parking area in front of 220 Main Street. This Ordinance shall be in full force and effect from and after passage.
Councilor McCue moved with a second by Councilor Danderson to remove the ordinance from the table at this time. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Danderson to have the ordinance read a second time by title only. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Danderson to have the ordinance read a third time by title only. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Danderson to pass the ordinance. So moved, the motion carried and Mayor Grenier declared the ordinance passed.
4. Resolution 2010-13 Granting under the City of Berlin’s Code of Ordinances, Chapter 19, Article II, Section 19-19 (Community Revitalization Tax Relief Incentive) Item 6 valuation tax relief in the amount of Fifty Thousand Dollars ($50,000.00) to Lucille Wiemer, owner of a qualifying property located at 200 Pleasant Street (Map 119, Lot 31) for the rehabilitation activities that are to be completed on the existing structure. (tabled 4/05/10)
Resolved by the City Council of the City of Berlin as follows:
Whereas, the City of Berlin has passed and encourages the use of the Community Revitalization Tax Relief Incentive to revitalize its downtown area; and
Whereas, Mrs. Lucille Wiemer intends to revitalize a property located at 200 Pleasant Street by installing new siding and other upgrades; and
Whereas, the property located at 200 Pleasant Street, the proposed work and the amount of expenditures meet the requirements of a qualifying structure and the substantial rehabilitation requirements set forth in Section 19-18, Definitions and;
Whereas, Mrs. Wiemer has made an application for the Community Revitalization Tax Relief Incentive and the valuation for this property at the time of Mayor and Council approval per Section 19-28 of the City Ordinance and NH RSA 79E Section:13, will be $231,900 (set in a March 2010 site visit) and;
Whereas, Mrs. Wiemer is willing to execute a covenant and pay for any reasonable expenses in the drafting, review and/or execution of the covenant and be responsible for the cost of recording the covenant and;
Whereas, The Mayor and Council find Public Benefit in the proposed rehabilitation which;
- Will enhance the economic vitality of downtown,
- Enhance and improve a culturally important structure,
- Is appropriate to the traditional and historic use of the area,
- Encourages denser development,
- Brings/retains a vibrant commercial activity to the City,
- Brings a strong sense of community identity.
Now therefore, be it resolved by the City Council of the City of Berlin as Follows: The Mayor and Council having passed this resolution by a two thirds (2/3) majority and having found the public benefits listed above and having found the proposed use consistent with the master plan, grant a Tax Relief Period of Five (5) Years under Section 19-20 Item 1 in the amount of Fifty Thousand Dollars ($50,000.00). That the City Manager is authorized to sign all documents and do all things necessary to effectuate the tax relief. This Resolution shall be in full force and effect from and after passage.
Councilor McCue moved with a second by Councilor Remillard to remove the resolution from the table at this time. 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 now pass the resolution. Roll call resulted in unanimous affirmative votes including Mayor Grenier who declared the resolution now passed.
NEW BUSINESS
5. Resolution 2010-14 Authorizing a grant application to the Neil and Louise Tillotson Fund of the New Hampshire Charitable Foundation in the amount of Thirty-Nine Thousand, Four Hundred Thirty-Eight Dollars (1st read)
Councilor Danderson moved with a second by Councilor McCue to table the resolution and schedule a public hearing on May 3. So moved, the motion carried.
6. Resolution 2010-15 Authorizing the Berlin Police Commission to apply for and accept grant funds from the New Hampshire Fish & Game Department, Law Enforcement Division, for OHRV patrols for Fiscal Year 2011. (1st read)
Councilor Danderson moved with a second by Councilor McCue to table the resolution and schedule a public hearing on May 3. So moved, the motion carried.
7. Resolution 2010-16 Authorizing the Berlin Police Commission to apply for and receive funds for any and all purposes from the New Hampshire Highway Safety Agency for Highway Safety Project Grants for Fiscal Year 2011. (1st read)
Councilor Remillard moved with a second by Councilor McCue to table the resolution and schedule a public hearing on May 3, 2010. So moved, the motion carried.
8. Resolution 2010-17 Authorizing the Berlin Police Commission to apply for and accept funds from the New Hampshire Department of Justice for Enforcing Underage Drinking Laws Grant for Fiscal Year 2011. (1st read)
Councilor Remillard moved with a second by Councilor McCue to table the resolution and schedule a public hearing on May 3, 2010. So moved, the motion carried.
9. Vote on BEA Proposal. 2010-11 2011-12 2012-13
1.50% 2.50% 2.0%
Salaries including FICA and NH Retirement $(117,000) $337,000 $304,000
Health Insurance Plan Change $ ( 39,000)
Athletic Director Index Added 600.00
Total: $(155,400) $337,000 $304,000
Health Insurance Changes: Office co-pay from $5.00 to $10.00. Mail order prescriptions from $0/$1/$1 and $0/$7/$7 to $0/$15/$15.
Health Insurance Language Added: The dollar amount of the premium co-pay paid by the employee in the final year of the contract will remain locked until renegotiated.
Councilor McCue summarized that although he appreciates the efforts by the BEA, he will not support this offer since it makes some commitments for the years 2012-13.
Councilor Remillard moved with a second by Councilor Evans to accept the BEA Cost Summary. Roll Call resulted in no affirmative votes. Councilors Remillard, McCue, Danderson, Evans, Rozek and Mayor Grenier all voted in the negative. The motion failed.
Councilor Evans moved to have the response letter Council sent to the union entered into the public record at this time. Councilor Danderson seconded the motion. So moved, the motion carried.
10. Community Bible Academy request to close part of Sullivan Street for a bike-a-thon
Pastor Jon Howry, Director of the Community Bible Academy, will be hosting a Bike-A-Thon and Yard Sale to be used as a fundraiser for the school on Saturday, May 15, 2010. As a safety precaution for the children riding bikes, the Pastor requests Council permission to block off Sullivan Street from 7:00 a.m. until 3:00 p.m. from Grafton Street to the Guardian Angel Credit Union allowing access to that ATM Drive Thru only.
Councilor Danderson moved with a second by Councilor Remillard to refer the matter to the Safety Committee. So moved, the motion carried.
11. City Manager’s Report
EFSEC Data Requests
The so-called data requests which Public Counsel and the City of Berlin have submitted to Laidlaw for response are attached for your information.
DRA Review of Assessing
On Tuesday April 6th, Sam Green of NHDRA met with the Board of Assessor's to go over our assessing practices. The NH Assessment Standards Board is required to review municipal assessing practices every five years to ensure that they meet certain standards. He will be doing that in Berlin over the next year and ultimately providing the City and the State with a report on our assessing practices.
Attached is correspondence from DRA asking us to verify information with respect to their annual attempts to equalize local assessments throughout the State. You will note that they determined that the median assessment ratio for land, buildings and manufactured housing in Berlin for the tax year 2009 is 121.5%. With the revaluation that is underway now, an attempt will be made to bring this back to around 100%. This will obviously lower residential property values in Berlin by 20% or more and will drive the tax rate up substantially. However, this by itself does not mean that the typical homeowner will pay any more in property taxes.
Rural Development State Director visit
On Friday of last week, Molly Lambert the recently appointed new State Director for USDA Rural Development stopped in to visit with Mayor Grenier, Pam Laflamme, Andre Caron and I. She replaced Jolinda Leclerc and her offices are in Montpelier, VT. This agency is instrumental in major funding initiatives for Water Works, Wastewater and Housing in Berlin. Currently we are applying for a large loan/grant from RD for improvements to our WWTF.
ATV Group Meeting Wed 4/14
The ATV Group met this week to catch up on developments and prepare for the opening of the trails on May 25th. Everyone agrees that this date seems way late, but the State sets the date and everyone sort of has to go along with it. While there have not been any major enforcement or complaint problems with the trails since opened last year, there was agreement that there is still a lot of educating that needs to be done.
Bids
Bids have been opened at the Airport for a snow blower, a snow plow, as sander and some pavement construction. These bids are being reviewed by the Airport Engineer, AMEC for recommendation to the Berlin Airport Authority. The funds for all these projects is 100% available for the FAA so there will be no local airport funds involved. A bid was also opened for a PWD refuse packer. Those bids are also being reviewed for an award recommendation.
Court Decision in Pisani Matter
Attached is the Superior Court's decision in the Pisani matter on Main Street. The Court upheld the decision of the ZBA which denied the proposed use which had been approved by the Planning Board.
Annual Dog Clinic
Attached is a note from the City Clerk which reviews the annual rabies clinic conducted by the Beagle Club each year. This was held last Saturday. City employees Kris Davis and Betty Domino volunteered their time to work at the clinic to register Berlin dogs, working from 1pm to 6pm and registering 129 dogs and bringing in $921.50. Great work Kris and Betty!
Bag the Butts for Earth Day
The New Hampshire Youth Network members will be out in force cleaning up communities across the state between 4/17 and 4/24 in their first statewide cleanup effort. Attached is information on this effort provided by Laura Viger which is intended to encourage youth between 11 and 18 to care about and act upon matters that impact breathing: tobacco use, air quality and the environment.
Councilor Danderson clarified that the ATV Trail opening day May 23 not 25 as stated in the City Manager’s Report.
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.
12. Mayor’s Report
a) BWW Appointment: Terry Block, Ward 3, for a four-year term set to expire May, 2014.
Councilor Danderson noticed that the Water Commission now conducts meetings at noon. If that was done to accommodate Terry Block’s schedule, it is a disservice to the working public who cannot attend noon meetings. Meetings were originally designed for boards to meet with the public to address their concerns. Although Mr. Block is a fine person, Councilor Danderson would like to see the BWW meetings return to evenings.
Councilor Danderson moved with a second by Councilor McCue to accept the Mayor’s re-appointment of Terry Block. So moved, the motion carried.
b.) Mayor Grenier read the following letter addressed to the Mayor and Council from the Berlin Police Commission, dated April 12.
“At the Police Department’s budget presentation last month, Mayor Grenier and the City Council issued a challenge to the entire department to do whatever it could to reduce its budget request as much as possible. Since then, the department and employees have been intently seeking ways to meet that challenge, but we have hit several obstacles.
At the budget hearing, the mayor indicated that capital improvement requests and department budget surplus could be considered toward the cost of the reduction. We are requesting confirmation as to our use these funds for that purpose, as their unavailability would significantly impact the department’s ability to reach the council’s goal without cutting services. We are asking your assistance in clearly defining what the department can and cannot use to meet the budget objective.
We are also unable to project a reduction in employee-related wages and benefits until an agreement can be reached between the union and city. Since there has been difficulty in arriving at an agreement, we are also asking for guidance as to what the council’s expectations are of the employees.
Looking forward to the FY’12 budget, if the department is successful in offsetting the increase to the FY’11 budget, will the FY’12 budget be compared to the department’s original FY’11 budget request, or will it be compared to a flat-lined, reduced budget at FY’10 appropriations?
The Police Commission and department employees are eager to move forward in meeting the council’s objectives in a judicious manner. Your direction in responding to the above concerns will assist us greatly in our attempt to meet your request. Thank you for your consideration.”
Mayor Grenier feels the Council owes the Police commission a written response to this letter. He would like to discuss the details at the next work session. He went on to say that an explanation is owed to all departments and employees.
c). Mayor Grenier informed Council that the Berlin Airport Authority at their last meeting, voted unanimously to sell an old dump truck to the Berlin School Department for $22,000.00. This truck has a value of $25,000-$35,000 and the School Department could not afford to buy this caliber of truck for this kind of money. This truck can move more snow, is a six-wheel dump, and will make better use of employee time. One negative is that it will not be available until the Airport receives its new truck in November. The present school dump truck which was donated by another department in 1995 is totally rusted out and they just spent $300.00 to get it operational. This is a win-win situation that will benefit the airport to get the twenty-two thousand dollars into their coffers. The school will use
the money received from the sale of the school building handled by the City to pay for the truck.
Councilor Danderson asked if this is a CDL truck that the janitor can drive. The answer was yes.
Although Councilor McCue thinks this is a good idea, he grapples with the idea that the money from the sale of the school property is going to general fund but the logistics of the situation is that they are taking city funds to buy school equipment.
Mayor Grenier replied that according to the Municipal Finance Act, after the budget process is completed, we can do that. We will only receive these funds after the budget requests and allocating money will come then. Our school is a dependent school district and even though revenue is slated for the schools, it first comes to the city but then gets allocated out.
Councilor Danderson thinks because this truck has a side-wing, it would be more appropriate to go to the Public Works Department and we should give the Public Works Director first refusal on this.
Mayor Grenier explained that this truck is just too small and should be used as a parking lot plow truck at best.
Councilor Rozek, added that this truck is only an international three-ton truck and not rugged enough to be used in the Public Works Department. It would be broken more often than not and is more suited to the school department as long as they provide special training to operate the truck. It is a Class B truck that needs training which could be done by the airport manager who operated the truck himself with no problems. He wants to see that they follow through with this training as part of the deal.
Councilor Remillard concurs and would like to see the school department get the truck since their other truck is shot.
Mayor Grenier replied that Council has a couple of months before they need to make any decision.
Councilor Evans moved with a second by Councilor Danderson to accept the Mayor’s Report and place it on file. So moved, the motion carried.
13. Public Comments - No Public Comments
14. COUNCIL COMMENTS
Councilor Danderson reminded Council that they have until May 10 to complete the budget. He suggests that the departments give accurate information to the Council. He personally has made requests and received little or no info and has a bad assumption of that department. Council’s goal is to run an efficient government in difficult times. They were presented with over twenty-six tax deeds tonight which is a sign of the times. Council is holding strong to keep a level budget, to find ways to appropriately spend money and keep departments appropriately staffed. They are not the enemy but are trying to make the right decisions.
Councilor McCue thanked the Fire Chief for producing a written job description for the Assistant Chief. On another matter, he reminded all that today is April 19, Patriots’ Day as well as Boston Marathon Day. Unfortunately, today is also the fifteen year anniversary of the Oklahoma bombing. We should remember those who lost lives and those who helped to saved lives.
Councilor Remillard attended the City of Berlin historic movie presentation at the theatre last Saturday which was completely sold out. The movie was fabulous and well done. She encouraged everyone to see the movie or buy the CD since we have lots of heritage here.
Councilor Evans, in an effort to maintain a flat tax rate, spent time with the school board since the school is the largest part of the budget. The School Board has a Scholarship Fund and the School Board members donate their board member salaries to this fund. Councilor Evans was asked to do the same thing and he gladly wrote a fifty dollar check to the Scholarship Fund. Councilor Evans challenged his fellow Council Members to do the same. They can just make the check out to the Berlin Public Schools and give it to Marion.
15. Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Rozek moved with a second by Councilor Evans to adjourn the regular meeting at this time. So moved, Mayor Grenier declared the Regular Meeting adjourned at approximately 8:30 p.m.
A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
City Clerk
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