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City Council Minutes 04/26/2010
Work Session
April 26, 2010

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

Others present included:  Corinne Cascadden, Brian Valerino, James Wagner, Andre Caron, Blandine, Shallow, Pamela Laflamme, media and public

Mayor Grenier opened the meeting at 6:30 p.m. and added a non-public session regarding land matters as requested by the Safety Committee.

Northern Forest Heritage Park Update
Jim Wagner explained that the Northern Forest Heritage Park has been working on the research and development building which is part of the park’s vision and strategy.  There were 750 patents developed at the research building and it is the park’s vision to see it as a visitor center and to have artifacts associated with the mill available for public viewing.  

DES has been helping with environmental assessments and a grant that was applied for has been approved for $200,000 to be used in the next few months.  A full remediation of the east side first and second floor is planned and with limited funds, the park can work on the overall façade of the two buildings.  

Building materials in the early 1900’s included asbestos, pcbs, lead, and there is some mercury contamination in the flooring due to a broken barometer.  Remediation on all contaminants will be done in the coming months

Mayor Grenier asked is the artifacts from Plymouth State were going to be brought back.  Mr. Wagner stated that we can get some of them back once a suitable place is found to display them.  It is expected that in September, the exterior soil where transformers were stored will be treated.  

Mr. Wagner went on to say that the Park has been awarded a $200,000 federal grant in addition to the first grant mentioned.   It is their hope to have a visitor center open in late fall.  He indicated that the true fiscal agent for the park is Tri -County CAP.  He added that the Park had 55 events last year with some being private, and some a function of the park.  

Councilor Rozek asked why windows from the office building torn down were not salvaged.  Mr. Wagner stated that the environmental assessment had black mold in a lot of the building.  The windows were replacements from the 70’s.  

Mr. Wagner commented that Keith Dubois of the State DES has been a great asset to Berlin and he continues to mention Berlin and the work going on here in a positive light.

Tax Deeded Properties Discussion
Mayor Grenier established that with the tax deeding of 39 properties in the city, he felt it was important to determine a path forward to deal with the properties.  The city has been handed a golden opportunity to remove some of the worse properties in the city. He noted that 407 and 508 Champlain Street were not tax deeded because of an error on the part of the research company.  The mortgagee will have the opportunity to pay the taxes.  

Mr. MacQueen explained that the first step is to meet with the tenants and serve them with eviction notices.  The prior owners have been given the opportunity to repurchase the property and they have to give notice within 30 days and then they have 15 days to make the purchase.   He emphasized that there is a lot of work that goes into this and we need to follow the established steps.  Mr. Caron reported that these properties will yield 23 evictions.  

Mr. Caron presented a rough first plan of action for the properties on the list.  He noted that the city has been informed that Matthew Allen will repurchase his properties and pay taxes, fees, expenses and a 15% penalty.  There is a need to keep some of the budgeted money for 155-b enforcements.  Councilor Remillard questioned why the city took ownership of 566 Burgess knowing there is a lead issue there and that the property owner had the means to fix it.  Mr. Caron noted that it is best for the City to have control of the buildings.   He added that this is a culmination of five years worth of pushing the inspections and following through with court orders.  He stated that to do what is recommended here, $200,000 will be needed in the budget.  

Councilor Remillard asked if the City goes after the previous owner for costs associated with the buildings taken.  Mr. Caron reported that the law is specific litigation for costs is not allowed.  In many cities, the value of the land and/or buildings taken would pay for costs; however that does not happen in Berlin due to low property values.  Councilor McCue asked if the City could consider selling or giving some of the properties with the condition that the buyer has to handle the demolition.  Mr. Caron responded that the City is exonerated from some of the laws; however a new owner would have to accept all legal liability.  The average person would not likely do this.  

Mayor Grenier asked if departments could review their records to see how much some of these buildings are costing the City in services, like police, fire, school, and inspection.  Mr. MacQueen thought that it could be done and he will report back.   

Councilor Landry commended city employees on what is done with limited funds.  He said that this is an eye opener to people who come here and buy a house for $10,000 and then plan on not putting money in to fix it.  Mr. Caron credited the team effort with code enforcement officers and the fire department that continue to put pressure on to have safe buildings.    

Councilor Evans asked about the Woodhouse property on Main Street and Ms. Shallow explained that the postal service did not deliver payment in time and acknowledged their mistake.  Mayor Grenier established that it is imported to develop a plan going forward.  Money will have to be raised to take some of these buildings down.   

Review of PD Memorandum
Mayor Grenier established that the Police Department is looking for clarification in the budget process.  He added that this Council has been committed to not raising taxes and the Council has made it clear that they are not guaranteeing operational surplus.  

Mayor Grenier stated that making budget commitments in April is premature.  He acknowledged that the Council will put together a budget for the public hearing but that is not necessarily what will happen in June.  
Mayor Grenier indicated that the Police Commission heard the Council loud and clear about coming in at a flat budget.  Councilor McCue asked where we are with unions and Mayor Grenier stated that there has been no formal presentation by any collective bargaining unit other than the teachers.  He added that the overall theme of the Police Commission’s memorandum is that they are willing to work with City Council and we want to send a positive message.  

Councilor McCue made the point that budget cuts have to come from everywhere.  Last year some city departments met the challenge of presenting a flat budget and they suffered their cuts.  We need to remember that something has to give.

Councilor Rozek mentioned that the Police Department needs to maintain a certain head count to be eligible for grants.  Mayor Grenier stated that if the commission were here tonight, he would ask them to prepare a budget that funds the department the same as last year.  Once the budget has been voted on, surpluses will be reviewed in August.  Brian Valerino commented that the Commission is willing to work and come up with solutions without affecting public safety.  Mayor Grenier noted that all councilors want a zero tax increase and have not wavered.  

Discussion of Resolution Removing Capital Projects
Mr. MacQueen explained that the resolution was drafted as a housekeeping item.  When last year’s budget was being put together it included capital projects to be funded in that year.  When the Council decided to bond for capital items, the capital items budgeted were not the same as those bonded.  The resolution will remove the CIP projects that were not funded from the budget.  

Mr. MacQueen stated that the City will not have a revenue surplus and it is expected that we will break even on the expenditure side.

Other
There were no items under “other”

Non-Public Session
Councilor Danderson 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 Landry seconded and the motion carried.  Roll call vote resulted in eight affirmative votes and Councilor Rozek voting against.

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

Councilor McCue moved to seal the minutes as releasing them would render the action taken ineffective; Councilor Remillard seconded and the motion carried unanimously by roll call.

Councilor Poulin moved to enter into non-meeting per RSA 91-A:2 (b) Strategy or negotiations with respect to collective bargaining; Councilor McCue seconded and the motion carried unanimously by roll call.  

Respectfully Submitted,

Susan Tremblay
Administrative Assistant