PUBLIC HEARING – May 3, 2010
Mayor Grenier opened and called to order the duly advertised and scheduled public hearing to accept public comments on the below noted resolutions at approximately 7:30 p.m.
- Resolution 2010-14 Authorizing an Application to the Neil & Louise Tillotson Fund of the NH Charitable Foundation for $39,438 for Home Health Nursing Program
- Resolution 2010-15 Authorizing an Application for Grant Funds for OHRV Patrols
- Resolution 2010-16 Authorizing Highway Safety Project Grants
- Resolution 2010-17 Authorizing a DOJ Grant for Enforcing Underage Drinking Laws
There being no one wishing to speak for or against the above noted resolutions, Mayor Grenier closed the public hearing at approximately 7:32 p.m.
REGULAR CITY COUNCIL MEETING – MAY 3, 2010
Mayor Grenier called the regular City Council Meeting to order at approximately 7:32 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 Cayer. Councilor Poulin was absent. Also present: Pat MacQueen, Susan Tremblay, Pam Laflamme, BHS Civics Class student and the press.
Minutes, Previous Meetings
Councilor Danderson moved with a second by Councilor Remillard to accept the minutes of the 4/19/10 WS & Regular Meeting; 4/26/10 WS. So moved, the motion carried.
Disbursements:
It was recommended by the Committee on Accounts/Claims to pay all bills dated 4/22/10–5/05/2010 for a total cash disbursement of $1,466,561.10 Draft #1615. Councilor Danderson moved with a second by Councilor Remillard 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
The following Traffic Safety Committee Recommendations were presented by Councilor Evans:
-Crosswalk request near Health & Human Services. Council recommendation is to pass an ordinance creating a new crosswalk in from of the Courthouse/DHHS complex on the south side of the driveway entrance and removing the existing crosswalk located at the old Fraser HR building.
-Community Bible Church Request to Close Sullivan Street. Authorize the requested street closure on the condition that the occupants of the two properties be allowed access to their homes during the closure period.
Councilor Remillard personally spoke to Pastor Howry who said he would work to accommodate the tenants during the bike-a-thon.
Councilor Danderson moved with a second by Councilor McCue to accept the Safety Committee recommendations and place them on file. So moved, the motion carried.
2. 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 (tabled 4/19/10)
Resolved by the City Council of the City of Berlin as follows:
Whereas, the Berlin Health Department’s Visiting Nurses Program serves a regional area from Berlin, Gorham, Shelburne, Randolph, Milan, Errol and other surrounding areas; and
Whereas, funding from the grant would be used for the purchase of a software program to assist the home health visiting nurses to complete the Medicare required recordkeeping and assessment tools for home health patients and to prepare for compliance with the electronic medical record requirement. Now therefore, be it resolved that the Berlin City Council authorizes 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, ($39.438.00) and upon receipt of the
grant, the funds will be appropriated to the Health Department for the purpose of the grant. Be it further resolved that the City Manager is authorized to do all things necessary to effectuate said grant. This Resolution shall be in full force and effect from and after passage.
Councilor Remillard moved with a second by Councilor Danderson to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor McCue to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Danderson to have the resolution read a third time by title only. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor McCue to now pass the resolution. So moved, the motion carried and Mayor Grenier declared the resolution now passed.
3. 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. (tabled 4/19/10)
Resolved by the City Council of the City of Berlin as follows:
Whereas Berlin is the gateway to the Great North Woods where many NH and out-of-state residents come to enjoy outdoor activities such as OHRV riding; and
Whereas Berlin has designated trails which access local establishments, and more trails will be added through the development of the OHRV park; and
Whereas young people often use these trails for illegal drinking; and
Whereas an increased number of people operate OHRVs on City streets to gain access to designated and/or unauthorized trails; and
Whereas an OHRV operator violating the law is virtually impossible to follow and apprehend with a cruiser; and
Whereas the Berlin Police Department possesses OHRVs, and officers are certified in the use of these vehicles; and
Whereas House Bill 1273 allows for the NH Fish & Game Department to contract with local law enforcement for OHRV details.
Now therefore, be it resolved by the City Council of the City of Berlin, NH, that the Berlin Police Commission is hereby authorized to apply for and accept funds for OHRV law enforcement patrol details for Fiscal Year 2011. This Resolution shall be in full force and effect from and after passage.
Councilor Remillard moved with a second by Councilor Landry to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor McCue to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Danderson asked Deputy Police Chief Brian Valerino about it and was told 17% was all done on overtime. He asked if the city pays for this or does it come out of the grant. The City Manager replied that he assumes it comes out of the grant.
Councilor Landry added we should demand that it comes from the grant.
Mayor Grenier said that the County Deputies fill out a monthly report on overtime and the report shows the amount taken from the grant. This helps the commissioners see the true cost of the grant.
Councilor Remillard moved with a second by Councilor Danderson to have the resolution read a third time by title only. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor McCue to pass the resolution. So moved, the motion carried and Mayor Grenier declared the resolution passed.
4. 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. (tabled 4/19/10) Resolved by the City Council of the City of Berlin as follows:
Whereas voluntary compliance of bicycle, scooter, and skateboard laws is a problem in Berlin, particularly in the downtown area; and
Whereas possession of alcohol and DWI offenses are problems in Berlin, with more than 50 individuals arrested per year; and
Whereas traffic light avoidance is a problem which creates unnecessary risk for pedestrian traffic, and designated patrols are needed for enforcement; and
Whereas the New Hampshire primary child passenger safety law requires that all children up to the age of four be restrained and properly secured in an approved child passenger safety seat, and everyone up to the age of 18 use a seat belt; and
Whereas information is available to teach young, inexperienced drivers specific educational experiences that focus on the behavior of vehicles, their limits of operation, and the effectiveness of seat belt use in the operation and occupancy of a motor vehicle, as they do not realize the limitations of vehicles or the harmful impact that alcohol may have on their ability to safely operate a vehicle; and
Whereas The NH Highway Safety Agency funds local projects to promote such enforcement and education. Now therefore, be it resolved by the City Council of the City of Berlin, NH, that the Berlin Police Commission is hereby authorized to apply for and receive funds for Highway Safety Project Grants. Said funds granted to the City of Berlin will be used for the purpose of meeting the expenses directly included in the purposes of the grants during Fiscal Year 2011. This Resolution shall be in full force and effect from and after passage.
Councilor Danderson moved with a second by Councilor McCue to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor McCue to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor McCue to have the resolution read a third time by title only. So moved, the motion carried.
Councilor Danderson moved with a second by Councilor McCue to pass the resolution. All votes in the affirmative with the exception of Councilor Evans who voted no. So moved, the motion carried and Mayor Grenier declared the resolution now passed.
5. 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. (tabled 4/19/10) Resolved by the City Council of the City of Berlin as follows:
Whereas juvenile possession of alcohol is a problem in Berlin; and
Whereas Berlin encompasses 60 miles of paved roads, 11 parks and playgrounds, a large recreational lake, and well over 30 miles of dirt roads on its outskirts, and it is not uncommon to find gatherings of up to 40 youths attending outdoor parties; and
Whereas one of the Berlin Police Departments objectives is to lessen the youth and alcohol problem, and one of the most effective means of accomplishing this goal is through dedicated enforcement and education; and
Whereas due to limited resources, the Police Department has become a reactive rather than proactive department, and effectual patrol of such a vast area has become increasingly difficult; and
Whereas funds are available from the NH Department of Justice for dedicated patrols for the period of July 1, 2010, through June 30, 2011, to enforce underage drinking laws and to educate juveniles through classroom sessions about the laws relating to underage drinking and its effects. Now therefore, be it resolved by the City Council of the City of Berlin, NH, that the Police Commission is hereby authorized to apply for and accept funds from the Department of Justice for the purpose of effectuating said Enforcing Underage Drinking Laws Grant during Fiscal Year 2011. This Resolution shall be in full force and effect from and after passage.
Councilor Landry moved with a second by Councilor Danderson to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Landry moved with a second by Councilor Danderson to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Landry moved with a second by Councilor Danderson to have the resolution read a third time by title only. So moved, the motion carried.
Councilor Landry moved with a second by Councilor Danderson to pass the resolution. So moved, Mayor Grenier declared the resolution now passed.
NEW BUSINESS
6. Ordinance 2010-5 Clarifying that the City May Charge Assessment Levy–Connection Fees for New Connections Related to the Impact Such Connections May Have on the City Sewer System Whether Such Impacts are at the Waste Water Treatment Facility or in the Collection System. (1st read)
Councilor Landry moved with a second by Councilor Remillard to table the ordinance and schedule a public hearing on May 17, 2010. So moved, the motion carried.
7. Ordinance 2010-6 Amending the Code of Ordinances, Chapter 15, Traffic and Vehicles, Article II, Specific Street Regulations, Sec. 15-40. Crosswalks by adding a crosswalk on Main Street in front of 650 Main Street (Health & Human Services Building). (1st read)
Councilor Remillard moved with a second by Councilor Danderson to table the ordinance and schedule a public hearing on May 17, 2010. So moved, the motion carried.
8. Resolution 2010-18 Removing Certain Specified Capital Projects from the FY’10 Operating Budget Because they have been Otherwise Funded in Bond Resolution 2009-43. (1st read)
Councilor Danderson moved with a second by Councilor Remillard to table the resolution and schedule a public hearing on May 17, 2010. So moved, the motion carried.
9. Resolution 2010-19 Authorizing an Application for an Economic Development Community Development Block Grant in an amount up to Five Hundred Thousand Dollars ($500,000.00) to be Sub-Granted to the AVRRDD. (1st read)
Councilor Remillard moved with a second by Councilor Danderson to table the resolution and schedule a public hearing on May 17, 2010. So moved, the motion carried.
10. Resolution 2010-20 Appropriating Thirteen Thousand, Five Hundred Dollars ($13,500.00) for the Purchase of 169 Green Street. (1st read)
Councilor Danderson moved with a second by Councilor Landry to table the resolution and schedule a public hearing on May 17, 2010. So moved, the motion carried
11. City Manager’s Report
East Milan Road Bids
Bids for the East Milan Road project were opened on Thursday. Four bids were received, and all the bids all came in below the Engineer's estimate of $6.1M. They are currently being reviewed by our Engineer Wright Pierce to develop an award recommendation. The apparent low bidder is Sargent Corporation from Stillwater, ME in the amount of $5,422,834.80.
Oddly, we still have not heard from Rural Development on our application for funding to the WWTF. We have been expecting to hear any time on that for some time now. We have been told that we have to do Value Engineering on this project because it is over $10M. However, we cannot begin the Value Engineering on the project until we know we have sufficient funding. The delay is also holding up the design for the improvements to the WWTF which may end up affecting the overall BOP schedule.
Granite Street Property Demolition
The demolition for the Granite Street demolition project has been delayed because the low bidder AD Drouin has backed out of the bid. The bid has now been re-awarded to the next high bidder which is Gleason. Because of this, the date for demolition has been moved from April 19 to May 11th.
Budget Inn Sign Down
After several years of trying and working with the State DOT, the Budget Inn sign which graced the entrance to the City has come down. It was taken down by the State in their regulatory capacity of overseer of "scenic highways." Like with so much of the demolition work we have done, once it is gone, it is hard to believe it was ever there until you look at a picture and realize how bad it looked.
Sgt. Rosenberg Memorial Ceremony
The Memorial Dedication for Sgt. Rosenberg is planned for Memorial Day, Monday May 31st at the Unity Street Park Gardens on Hutchins Street at from 10am to 11am. All are invited to attend.
The City Manager requested $500 from the Contingency Account to be used for programs and refreshments for this event.
IRS Audit
As previously indicated, we have had an ongoing audit by the IRS. The amount of money being demanded from the IRS has come down from an original $47k to about $14k and we are still working on to see how much lower we can get it. About $3k of the amount is because the IRS feels we should have been withholding on certain employee benefits. The vast majority of it had to do with not requiring W-9's from all of vendors and that is the part we are working on reducing by getting out the proper forms to these vendors.
Councilor Danderson asked about the $3k employee benefits and did it have to do with city vehicles and is it basically from the Police Department. The City Manager replied no.
Beacon Communities
As you know Berlin is one of three Beacon Communities in the State which will share in $10M in ARRA energy improvement funds. Besides Berlin, the other two communities are Plymouth and Nashua. Attached is a flier from Senator Shaheen's office which helps to describe the program.
Time Warner Changes
Attached is a flier from Time Warner reviewing changes they are making to their programming.
Legislative Matters
- SB 465 would extend education funding
I have attached a flier from The Coalition Communities which is based in Portsmouth. Based on this and information on the web, Senate Bill 465 would extend the transition phase of the education funding formula by an additional year and would establish a study committee to determine if the full formula is financially sustainable over the long term. They point out that if this extension is not made, that Berlin stands to lose about $467,970 in Education Aid in July of 2011. They also point out that if the extension is not made that the full formula would not only cost Berlin the $467k but also would cost the state an additional $70M with $42M of that going to Nashua and Manchester as of July 1, 2011. Councilors are urged to contact our state representatives to favor the passage of Senate Bill 465.
- Pole Tax Exemption Killed
After years of trying the lobbyists were finally beaten as the pole tax exemption for the telecom companies was finally killed. This of course does not mean that they will not try to bring it back as they undoubtedly will. Continued vigilance and effort will be required to keep it off the books.
SB 450 is in the House Finance Committee which is trying to deal with the state budget deficit of over $200M. The Rooms and Meals distribution to municipalities may be reduced by amendment to SB450 by another $6.1M. Last year it was reduced by $5M. Also under consideration is the further reduction of the State contribution to teachers, police and fire retirement from 25% to 20%. This year it already reduced its contribution from 30% to 25%. Now the Legislature wants to play with the LGC's Health Trust as well as the Primex Health Trust. Under the guidance and continued leadership of the State Legislature, the State Retirement system is pushing the State seriously toward bankruptcy and the Legislature is doing little or nothing even now to change that. Now the State Legislature wants to tell the Health Trusts how to manage their risk pools.
There is something really wrong with this picture.
PW Monthly Report and City Manager Time-keeping available for review at City Manager’s Office.
Mayor Grenier asked about the pole tax exemptions phasing out, what impact it will have on our revenues.
The City Manager replied that roughly $42,000 and that means exemptions figured into property tax won’t change revenue lines.
Councilor Remillard inquired why did Drouin withdraw his bid. The City Manager informed her that he had an incomplete bid package. Mr. Drouin did not have the specs and did not know what went into the bid.
Mayor Grenier asked if that will preclude Mr. Drouin from bidding in future. The City Manager replied that he thought Mr. Drouin made an honest mistake.
Councilor Danderson is concerned with the completion of the East Milan Road sewer line and if there was a date set?
The City Manager informed Council that they plan to have a temporary connection by August or September with a completion date of June 2011. They will complete construction by the end of this year, close to the date.
Councilor Rozek asked if the IRS Audit had anything to do with the disbursement of funds from Andre Caron and those federal funds.
City Manager MacQueen said no and that the problem is the IRS is not going out to educate municipalities. We were not sending I-9 Forms to all services and vendors until they informed us to do so.
Councilor Danderson stated that when PSNH personnel take a company vehicle home, they are charged tax on it. He checked with the Police Department and five (5) city vehicles go to personnel homes. We should probably consider doing the same thing PSNH does.
Councilor Landry moved with a second by Councilor Remillard to accept the City Manager’s Report and place it on file. So moved, the motion carried.
$500 contingency request for the Sgt. Rosenberg Memorial Ceremony
Councilor Cayer moved with a second by Councilor Danderson to fund UP TO Five Hundred Dollars ($500.00) from the Contingency Account for refreshments and programs for the memorial ceremony. So moved, the motion carried.
12. Mayor’s Report – Proclamation: National Nursing Home Week, May 9-14, 2010. Mayor Grenier added that we should be grateful that our local nursing homes are well run with great employees who respect the lives of their residents.
Mayor Grenier noted his April Mayor’s Report contained an error. He had stated that no other union had submitted anything to help reduce the budget but that was incorrect. The Teamster Union members volunteered to change their insurance to an HMO to save the city money.
Councilor McCue 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
Adam Dutil, 329 Hillside Avenue, asked Council what they plan to take from the schools with money and what they are going to cut. Mayor Grenier replied that the City Council has not determined yet the education funding for the next fiscal year. Council is adamant about no tax increases and will do everything possible to avoid impacting education in our community.
Councilor McCue said it is important to mention that all Council does is set the bottom line for funding. The Board of Education however sets where the money goes and what gets cut.
14. COUNCIL COMMENTS
Councilor McCue gave congrats to the WWTF and PWD for no injuries. He also congratulated Stacia Roberge and Crystal Martin for the sale and purchase of Rumors Boutique. Lastly, he mentioned that Thursday, June 3 is the Drive in 50’s on Main St and Saturday, June 5 is the AVRRDD hazardous waste day.
Councilor Remillard inquired when the ceremony at nursing home was scheduled. It is Monday, May 10 at 1:00 pm
Councilor Rozek discussed the letter Council received from Joe LaPuma who is disabled and on a fixed income regarding his sewer charges.
The City Manager explained that Council would have to change the ordinance to make any changes because the current ordinance states if you have well, you pay flat fee. He added that Mr. LaPuma can file for an abatement. Mayor Grenier asked the City Manager to let Mr. LaPuma know he can appeal the bill and what that process is.
Councilor Rozek commented that he recently found out that full-time Firefighters Berthiaume & Couch invested into a construction business. The Ward Three Councilor wonders if it is a conflict if they, as full-time city employees, get the bid to tear down dilapidated buildings. City employees doing city work with their part-time business would have them competing with local taxpayers and business people. It just does not seem right.
City Manager MacQueen replied that if they happen to be the low bidder they would be doing the taxpayer a favor. If the Mayor and Council don’t want them to bid on city work, they could change the current bid ordinance. These two have been in the construction business many years.
Mayor Grenier added they could have an edge with their part-time operation to get the work. He agrees with Councilor Rozek that it would look like the City keeps everything in their own circle.
City Manager MacQueen reminded them that the bidding process is meant to level the playing field for all. He agrees that if there was no bid process it would be wrong.
Councilor Danderson is concerned if they have to swap shifts to do the work since they are full-time. He asked the City Manager to get Council a breakdown for OT and calls.
Councilor McCue is wary about micro-managing city departments. He sees distinct circumstances between elected vs. city employees. There would be a full disclosure if any conflict exists.
Mayor Grenier asked if a full-time city employee is out for months due to an injury on their other job, whose health insurance would be affected.
Councilor McCue asked where do you decide what an employee could do in addition to their city job and how do you break out the other ones.
The City Manager reiterated that if Council feels it looks bad for full-time employees to bid on city work, it would be a simple solution to amend the ordinance.
Councilor Landry disagrees and as the owner of a small business, would not want his employer to tell him what to do in his private life. These people are taking a risk and making investments in the city. He reminded Council that teachers paint houses in the summer and can get hurt doing that as well. The Bonding requirements should be the same for all and City employees should not be micro managed. He feels Council should let them better their lives and save the city money. He cautioned that Council should not overstep their bounds.
Councilor Remillard mentioned that the Police Department also has several employees that have to be on call. Is there anything in their contract stating that they have to be available? She wonders how they stand on that.
Mayor Grenier asked the City Manager to research other cities in the state to see how they handle such matters. He offered that maybe NHMA has something in their books.
Councilor Rozek would be interested to see if they (Berthiaume and Couch) have answered OT calls for three-alarm fires.
Councilor Cayer stated that the chief knows his men and would address it if there was an issue. It was not an issue until they started bidding on jobs. The reality is going through the city bid process and all is on the up and up.
On another matter, Councilor Landry asked the City Manager for the status of the Assistant Chief. The City Manager replied that the individual did not take the job and they will go out and re-advertise to fill the position.
Councilor Landry would like to see the Berlin and Gorham schools combine into one district to save both communities money since the School budget is half of the city budget.
Councilor Landry inquired about the ice cream truck driving around town and asked if he was licensed. The City Clerk replied that the individual called her office to make arrangements to obtain his license and should be all set before the week was out.
15. Adjournment:
There being no further business before the Mayor and Council at this time, Councilor Rozek moved with a second by Councilor Landry to adjourn the regular meeting. So moved, Mayor Grenier declared the Regular Meeting adjourned at approximately 8:59 p.m.
A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
City Clerk
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