Work Session
September 7, 2010
Present were: Mayor Grenier, Councilors Rozek, Remillard, McCue, Poulin, Evans, Landry, and Cayer; absent was Councilor Danderson
Also present were: Sue Warren, Paul Croteau, Robert Pelchat, Jon Edwards, Dave Woodward, Gary Roberge, Bob & Debbie Goddard, Andre Caron, Mike Perreault, Pamela Laflamme, Michelle Dillon, media and public
Assessing Discussion
Mayor Grenier introduced representatives from Avitar and invited Jon Edwards as Chair of the Board of Assessors to come to the table to speak to methodology of reassessments. Mr. Edwards gave an overview stating that values are based on arms length transactions that have taken place from October of 2008 to the present. Assessed values are tabulated from this specific time range so that values are not based on the highs or lows of the market. He stressed that the value on a property is not necessarily the price that one would get for the property if sold. The assessors look at all data from the time indicated and derive median values based on square footage. The Board’s opinion is that Avitar has done a good job.
Mayor Grenier confirmed that the DRA leaves it up to community assessors to determine arms length transactions. He noted that he’s had some complaints from folks who had sales data in their neighborhoods and they seem to have legitimate concerns that their homes are not valued at market. Mr. Edwards maintained that fair market value assessments cannot be based on the current market or the data in the current market. Assessors can pull data from a set time. Dave Woodward clarified that the mass appraisal process is different than an independent appraisal. An independent appraiser will find comps on a house within six months of the date of the appraisal; however in a mass appraisal, assessors look at a longer period. In Berlin’s case, there were 105 sales in the time period and they
used a negative trend. In 2005 assessors had to use a positive trend to reflect the market. Mr. Woodward added that the Constitution states that values need to be renewed every five years. Berlin will be required to reassess in 2015.
Councilor McCue questioned the disparity between the value per square foot between single and multi family dwellings. He affirmed that foreclosed properties are not used to obtain values because they are not considered an arm’s length transaction. Mr. Woodward indicated that a single family home starts at $70 per sf and is then adjusted based on the attributes of the home.
Councilor Remillard commented that multi-family dwellings came out extremely low in value and she is especially concerned knowing that the data from the market in 2008 was used. She asked how the values could have dropped so drastically. Mr. Edwards noted that the multis are not producing more income and all the data needs to be looked at.
Councilor Landry opened by saying he knows it is not a perfect science. Of the citizens he’s spoken with, some are mad, scared confused and looking at a tax rate that may go up. He said that he is dumbfounded at what we are getting for the money adding that customer service seems to be at a loss. He was not around for the time when the phones were open to call and make an appointment to review Avitar’s proposed assessment of his house. Reading the letter, he saw that he could send a letter to address his concerns. He sent the letter and has had no response.
Mr. Edwards suggested that constituents can connect with the Board of Assessors to have their concerns addresses. Councilor Landry asked why the income method of assessing is not considered. These landlords are making money and raping the City’s resources.
Gary Roberge reported that the reval is being done as part of the previous contract with Avitar and has nothing to do with the recent contract that was negotiated. He went on to say that no one who sent a letter has received an answer yet. When the numbers are finalized, everyone will get a response. People who came in for appointments received information on the timeline; however those who sent a letter did not. He noted that Avitar put up the data on line at no cost to city.
Mr. Woodward explained that one week was scheduled to receive telephone calls from 8:30 to 4:00 Monday through Friday. Most calls taken were Monday and Tuesday; phones were quiet more times than not. If people were not able to make a hearing date, they were asked to write a letter and told their issues would be reviewed and that they would be getting second notices. The second notices have not gone out yet. Mr. Woodward stated that if there were no end point for reviewing the assessments, it could go on forever.
Councilor McCue voiced that in the assessing discussion he did not hear the standard of highest and best use. Mr. Roberge pointed out that unless stated differently a property’s current use is its highest and best use. Councilor Poulin asked if the income approach is available and he commented that he would like to see a comparison of the market approach and income approach on multi-family properties. Mr. Roberge reasoned that the market data is most highly regarded. There is also nothing in the law that forces a landlord to declare what income he is receiving from a property. It would have to be done using local market data.
Councilor Remillard established that she had done some research of multis and finds discrepancies in the same neighborhoods with properties of the same size lots. It is putting the tax burden on single family homes. Mr. Roberge stated that if there is data to support the theory, he would review it. Mr. Edwards commented that his only complaint was that multi-families were coming in too high.
Councilor Rozek expressed that he did his best to convince the Council not to support another contract with Avitar. He commended the company on their software; however he felt that dealing with them is very tough. Councilor Evans acknowledged the members of the Board of Assessors, Chair Jon Edwards, Bob Pelchat, and Paul Croteau as well as Sue Warren, Assessor Coordinator.
Councilor Cayer noted that he sent a letter as well and he confirmed that every letter will get a response. Mr. Woodward indicated that there were 20 to 25 who sent in letters after the deadline and they will be reviewed. Mr. Roberge agreed, saying that concerns will be addressed up to two days before the MS1 form is sent in. Mayor Grenier thanked Avitar for meeting and thanked the Board of Assessors for the job they do for the city. He encouraged open lines of communication and commented that acknowledging letters received would relieve anxiety.
Property Demo Schedule
Mr. Caron stated that he has prepared his recommendations and can answer questions. Councilor McCue commented that nothing is proposed to happen on properties 8-13. Mr. Caron confirmed that demolition of these properties is being postponed. He added that if better bid prices come in, there would then be enough money to do more work on the 8-13 properties.
Councilor Remillard questioned whether the school parking lot should be done first and Mr. Caron advised that the contracts will be put out to bid together with other buildings to get a better price. This is not necessarily the order that the properties will be taken down.
Councilor Rozek told of a situation where an apartment was rented and once the renter arrived at the apartment, he found that the building was closed with no electricity. Mr. Caron reasoned that when the City shuts down properties through tax deeding, we push the market out and the slumlords get very inventive. He suggested calling Andre, Pat or Joe in such a case.
Councilor McCue indicated that it would not have changed his vote; however he did not realize how much additional expense was involved with some of the properties. He asked that the additional information on demolition be provided the next time the Council is asked to purchase a property. Councilor Evans stated that he was in a hurry to buy the High Street property to provide future parking for the schools but not necessarily in a hurry to turn it into a parking lot. There was an opportunity to acquire the property and the parking lot did not need to be built now. Mr. Caron noted that changes to this schedule can be made. Mayor Grenier commented that he is happy with the process that has been put forward. It was the consensus of the Council to move forward.
Recommendation to Waive Bid Process.
Mike Perreault explained that the centrifuge at the waste water treatment plant has 10,000 hours on it and the recommendation is to have this equipment conditioned after 4,000 hours. The Centrifuge is dismantled at the plant and it is then sent out. Councilor Rozek moved to waive the bid process and have Andritz Separation Inc. do the repairs as recommended; Councilor Poulin seconded and the motion carried by unanimous roll call vote.
Zoning Ordinance Amendment
Pamela Laflamme explained that the newly passed zoning ordinance changes regarding nonconforming uses were challenged during a site plan review process and after conferring with the City Attorney, additional changes to tighten the ordinance were suggested.
Councilor McCue commented that what was supposed to correct did not address the non-conforming issue of 100 feet of frontage. Mayor Grenier expressed disappointment that the Council is dealing with this again since the Council made it very clear that they wanted non-conforming lots to be used as the owner sees fit as long as setbacks are met. Councilor McCue clarified that the Planning Board was not comfortable changing the notation on the site plan when the ordinance was not clear.
Councilor Landry asked why curb cuts are being made on the Pisani property on Main Street when the site plan has not yet been accepted. Mr. MacQueen indicated that the building permit has been issued. The meeting moved to the regular session at 7:45 p.m.
PUBLIC HEARING – September 7, 2010
Mayor Grenier opened and called to order the duly advertised and scheduled public hearing to accept public comments on Resolution 2010-37 Honoring the Memory of “Mike” Gaydo by Naming the Athletic field Near Berlin High School Located at the End of Madison Avenue “Gaydo Field”
Katie Melanson spoke of her stepfather saying it is very appropriate to name the field after him. Michael spent endless hours sitting at the field supporting everyone from 5 year olds to alumni games. Covering sports was not only his job but his passion. He cared for every child on the field and in the classroom. She said that it is now lonely to see where Michael would sit. The Field has had no name and this is a great man to name it after.
Councilor Rozek commented that his first introduction Mike Gaydo was in 7th grade in the 60’s. He was a dedicated teacher who gave 100% and he can’t think of a better name for the field.
Mayor Grenier closed the public hearing at 7:55 p.m.
Mayor Grenier recognized Finance Department Employees, Elaine Tremblay, Florence Fitzmorris, Betty Domino, and Sandra Rosenberg for exemplary service during a recent computer malfunction that shut down the City’s computer system for a week.
He said that he is very proud of the work done and it exemplifies municipal workers in the City. The ladies received a standing ovation. Ms. Domino explained the process that had to be done manually from registering vehicles to putting out payroll checks. Councilor Landry commented that he came to the window during that time and the additional work being done was done with a smile.
REGULAR CITY COUNCIL MEETING – SEPTEMBER 7, 2010
Mayor Grenier called the regular City Council Meeting to order at approximately 8:00 p.m. in the Council Chambers of City Hall. The pledge of allegiance to the flag preceded roll call. Present: Councilors Remillard, McCue, Evans, Rozek, Cayer, Poulin, Landry and Mayor Grenier; Councilor Danderson was absent. Also present: Pat MacQueen, Jon Edwards, Pamela Laflamme, Michelle Dillon media and public
Minutes Previous Meetings
Councilor Remillard moved with a second by Councilor Landry to accept the minutes of the 8/16/10 work session and regular meeting and the 8/25/10 special meeting. So moved the motion carried.
Disbursements
The Committee on Accounts/Claims recommends paying all bills dated 8/20/10-9/8/10 for a total cash disbursement of $2,706,148.57 Draft #1624. Councilor Remillard moved with a second by Councilor Poulin to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims. So moved, the motion carried.
PUBLIC COMMENTS
Jon Edwards, 323 School St. commented that he wanted to address the Mayor’s comments to the newspaper regarding the biomass issues with Clean Power and hearings regarding Laidlaw which he attended for the whole week. He said that workers, direct and indirect in Coos County are being penalized by an oversized biomass company. He said that it was suggested by the City’s attorney that what the mayor is projecting is not necessarily what Berlin believes is right for Berlin. By the end of the week there were letters from influential, biomass companies that such a project would clearly hurt NH infrastructure of currently operating biomass facilities as well as the sustainability of the NH forest. He went on to say that the Mayor has been supporting a company who has never once operated a biomass facility.
Mayor Grenier asked Mr. Edwards to make his point.
Mr. Edwards stated that the Mayor came on Monday and made his case; however there was testimony from substantial biomass that followed up the rest of the week. Mayor Grenier, using his gavel said that Mr. Edwards was not bringing forward any items of any relevance. Councilor Poulin interjected by saying that Mr. Edwards should be allowed to say his peace.
Mr. Edwards continued speaking against the Laidlaw project and how small companies would be affected until Mayor Grenier ruled him out of order and asked the he be physically removed. Mr. Edwards left the meeting of his own accord.
UNFINISHED BUSINESS
1. Council Committee Reports – none
2. Resolution 2010-37 Honoring the Memory of “Mike” Gaydo by Naming the Athletic Field Near Berlin High School Located at the End of Madison Avenue “Gaydo Field” (tabled 8/16/10)
Resolved by the City Council of the City of Berlin as Follows:
Whereas, “Mike” Gaydo demonstrated a love for sports by serving as a high school softball and baseball umpire for the schools and recreation department, a high school basketball referee and Amateur Softball Association umpire; and
Whereas, from September 1968 through March of 2010 Mike Gaydo wrote for the Berlin Reporter where he covered sports stories, provided Gaydo’s Guesses, and took photographs from sporting events throughout the region giving the impression that he could be at several sports events at the same time; and
Whereas, Mike Gaydo was as much a beloved Berlin sports figure as his love of sport and dedication to showing the best in youth athletics through his articles and photographs; and
Whereas, he conveyed the best of Berlin to the community, region and State through his work as a sports writer; and
Whereas, it would be a fitting tribute to the memory of “Mike” Gaydo to name the athletic field near the high school, “Gaydo Field”
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Berlin that they hereby name the athletic field located at the end of Madison Avenue near Berlin High School “Gaydo Field”
This Resolution shall be in full force and effect from and after passage
Councilor McCue moved with a second by Councilor Poulin to remove the resolution from the table at this time. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Poulin to have the resolution read for the second time. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Poulin to have the third reading of the resolution by title only. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Poulin to pass the resolution. So moved, the motion carried.
NEW BUSINESS
3. Ordinance 2010-12 Amending the ATV Trail
Councilor Remillard moved with a second by Councilor Poulin to table the ordinance and schedule a public hearing on September 20, 2010. So moved, the motion carried.
4. Ordinance 2010-13 Amending the Zoning Ordinance
Councilor McCue moved with a second by Councilor Remillard to table the ordinance and schedule a public hearing on September 20, 2010. So moved, the motion carried
5. Resolution 2010-38 Segregating Funds from the 2010 Budget & Appropriating to 2011 Budget
Councilor Remillard moved with a second by Councilor Poulin to table the resolution and schedule a public hearing on September 20, 2010. So moved, the motion carried
6. Resolution 2010-39 Carrying Over Grant Funds from 2010 to 2011 Budget
Councilor Remillard moved with a second by Councilor McCue to table the resolution and schedule a public hearing on September 20, 2010. So moved, the motion carried.
7. City Manager’s Report
East Milan Road Project
All the gravity and force main pipe for the East Milan Road project is in the ground, including the pipe hung under the 12th Street Bridge. The temporary connection for the BOP-FCI which runs under the river is working fine. All that remains with the piping is the testing of it and the main connection at the 12th Street Bridge and Main Street. This connection, which is 17' deep, will be completed this week. At that point, the only part of that contract which will remain is the pump station itself which is not slated to be completed until next summer.
WWTF Improvements
As the Council is aware, we are proceeding with the WWTF Improvements with the $12.805 RD loan and $1.342M grant we have been awarded from USDA Rural Development. We had some communication issues around when to perform the Value Engineering which NHDES and RD require as part of the process for obtaining these funds but now have that straightened out.
We also applied again for State Revolving Loan and 30% State Aid Grant in the latest round of applications. 30% of $12-$15M would be around $4M-$5M of grant which would go a long way toward making up for the $6-$7M we were hoping to receive from USDA Rural Development.
As it turns out, we ended up second on the State's list in this latest round of funding because they correctly placed a good deal of emphasis on "affordability" which put Berlin right up at the top. Unfortunately, they also decided to limit the maximum grant to $2M in order to make the $10M in funding that they have go further among NH municipalities. Nevertheless, an additional $2m in grant to the $1.342M grant we already have been awarded from RD will still be a very welcome addition to making the WWTF Improvements project more affordable to the Sewer Fund. This is still not a given by any stretch in that we have to convince both USDA Rural Development and NHDES that we should be able to take advantage of both of these separate federal and state programs and not simply have to choose between one or the other.
12th Street Bridge Project
Bids for the 12th Street Bridge Project were opened on Friday, August 27th. Four Bids were received and the low bidder was Winterset Inc. from Lyndonville, VT in the amount of $599,065. This is about $100k below the HEB estimate which again is a very good thing. The award was made to Winterset the following Monday, and they are already gearing up to start the bridge project. As previously indicated, the actual closing of the bridge will occur next week probably starting on Monday the 13th of September.
Bickford Place Bid Opening
Bids for BIDPA’s Bickford Place project were opened on Thursday August 27th. Only two bids were received. Couture Construction is the low bidder in the amount of $487K. BIDPA is considering these bids and working with Couture to lower the price to within the BIDPA Budget. This may take some time.
NSP Program and Governor's visit
On August 20th Governor Lynch visited the progress being made on Berlin’s Neighborhood Stabilization Program. Governor Lynch was greeted by Mayor Grenier, Councilor Rozek, Councilor Evans and Housing Coordinator Andre Caron and toured the buildings under redevelopment. A poster board display of before and after pictures was shown to him in order for him to see the dramatic changes taking place within this 700 foot area of lower Champlain Street. Since the Governor had been here last year when Berlin was awarded the monies for this redevelopment project, he was familiar with the concept and the neighborhood and was quite impressed with the speed of execution and the final results. The tour was led by the two principle owners of TKB Properties, Kevin Lacasse and Tim Coulombe, and their project manager Tony Smith who answered
all of the queries the Governor had about this project.
Rotary Park Landing Project
On Wednesday August 18, a group began the layout on the ground of the new landing, parking area and dock on the Androscoggin River which is being funded through a Land and Water Conservation Fund (LWCF) grant of $25k. The new landing on the Androscoggin River will be located on property recently transferred from the Northern Forest Heritage Park to the City so that that the grant for the project could be accepted and utilized. The location can be seen by the stakes marking it out on the northern end of the strip of land just above 9th Street on Main Street. The total project is about $35-$38k with the difference being in-kind match funds contributed by Parks and PW who will be building the project. The project required that an archeological review be done prior to any construction. That has been completed and it came up clean which
means the project can now move forward.
Conway Bypass Roundtable Meeting
Attached is a flier noticing a roundtable meeting on the Conway Bypass which is to be held Thursday September 30th from 5-7pm at the Albany Town Hall. Elected officials from Berlin are encouraged to attend.
TIGER Grant
We went into emergency mode to get this TIGER pavement management project grant submitted on line (which is the only way they would accept it) by 5pm on Monday August 23rd. We got it done at around 4pm that Monday. The next day we received notices that because so many people had problems getting theirs in that they were extending the deadline until 5pm on Tuesday. They then did it again for 5pm on Wednesday. Our guess is that because New York City and Los Angeles probably didn't get theirs in on time that the rules got changed. Somehow, I have a feeling that if we hadn't gotten ours in on time that they wouldn't have moved the deadline back.
Beacon Communities Meeting at WMCC
The City Planner and I attended a meeting last Wednesday at WMCC to go over the Beacon Communities program which provides funding to Berlin, Plymouth and Nashua for energy projects in each of these three communities chosen to be 'Beacon Communities" in New Hampshire. As the Council is aware, the program has $10M to provide financing for energy projects in each of these communities. A significant amount of the money is going to the non-profits engaged in administering the programs.
PSNH Abatement Filing
The Board of Assessors has received an abatement filing for the 2009 tax year from PSNH on all of its property in Berlin.
International Existing Building Code
The City Attorney has done some checking around on this and has provided us with an opinion that we could also adopt the IEBC. We intend to do this and will hope to have an ordinance ready for introduction at the next Council meeting.
Homecoming Parade
Attached is the permission being granted to the BHS Homecoming Parade Committee for the parade which is to be on Friday September 17, 2010 beginning at 7pm.
North Country Council Annual Meeting
The North Country Council Annual Meeting is scheduled for October 28, 2010 at the Mountain View Grand. The Business Meeting is at 4:30pm, reception at 5pm and dinner at 6pm.
PWD Monthly Report
Attached.
Manager's Time Keeping
Attached.
Councilor McCue confirmed that the Route 16 truck detour is part of the 12th Street Bridge closing. Mr. MacQueen stated that the bridge will close September 13th and be closed as long as necessary to complete the project.
Councilor McCue commented that he hopes the City has been troubleshooting so that future computer crashes can be dealt with. Mr. MacQueen noted that the system was backed up in different locations and putting it all back together was like rebuilding the system. The whole system is now on back up in one location. Councilor McCue added that the City should keep the capability of doing the work by hand.
Councilor Rozek asked for explanation of the 12th Street Bridge being closed “as long as necessary”. Mr. MacQueen clarified that the bridge would not open until the project is complete. In the contract, ten weeks are allowed to complete the project; however it is hoped by both the contractor and the city that the work will be completed sooner.
Councilor Landry questioned the PSNH appeal to the BTLA and confirmed that all PSNH property is what they put in an abatement for.
Councilor McCue commented on the Bickford Place project and that it looks like the lowest bidder is more than BIDPA anticipated. He asked if BIDPA will come back to Council. Mr. MacQueen said that the estimate was for $450,000; however there were several deducts that were built into the contract. If the project gets away from what was presented, they will come back to the Council. Ms. Laflamme stated that the low bid was $487,000.
Councilor Evans moved to accept the City Manager’s Report; Councilor Poulin seconded and the motion carried.
8. Mayor’s Report
Mayor Grenier recommended that Steve Griffin be reappointed to the Police Commission to serve until 8/31/2013. Councilor Remillard moved to reappoint Steve Griffin to the Police Commission for a term to expire 8/31/2013; Councilor McCue seconded.
Councilor Evans commented that one of his visions for the Police Commission is for them to balance the needs of the police department to what the taxpayers can afford. He said that he will vote against this nomination and urged his fellow Councilors to do the same. He added that Mr. Griffin is a generous man for the community and he wanted to acknowledge and thank him for everything he does for the community.
Councilor Rozek said that the Police Commission meetings are not at a good time for the public and the issues of elected officials such as the times of the meeting, are not being addressed. Mayor Grenier urged the Councilor to put his request in writing to the Commission and it would be addressed and responded to in writing. Mayor Grenier noted that he will invite the Police Commission to a future Council meeting. He added that starting in September; the Police Chief will be copying the Mayor with his time sheets. Councilor Poulin said that he respects the Mayor’s nomination and feels the City is lucky to have Mr. Griffin serve in this important position.
In the vote that followed, the motion carried with Councilor Evans voting against.
Mayor Grenier reported that Al Adams passed away last evening. He was the General Manager of the Berlin Maroons in 60’s and 70’s.
Councilor McCue moved to accept the Mayor’s Report; Councilor Poulin seconded and the motion carried.
9. Public Comments – there were no public comments.
10. Council Comments
Councilor McCue commented that there are two more weeks of the Farmer’s Market which has turned out to be a social event for people. He thanked WREN and Laura Jamison for their efforts.
He is concerned and worried about Bickford Place; hopefully it will turn out.
Next week in work session, the Council will go over policy recommendations. He asked that the delegate card be returned to NHMA to authorize him to be a voting delegate.
In addition, Councilor McCue informed the Council that he attended the EFSEC hearings for the entire week and they will be reconvening Friday 9/10 to finish testimony and there will be another opportunity for public comment. He offered to read any Councilor’s comments into the record. The City’s position was contained in the stipulations and the City Planner was questioned and did a good job representing the City. He stated that he strongly encouraged the committee to adopt the stipulations and to make certain that they are binding on all the parties involved. He added that as a member of the Planning Board, he was not in favor when local authority was usurped; however he is glad that the Board did not have to deal with the complexity of the hearings.
In conclusion, Councilor McCue stated that, in his opinion, the 5/4 split on the Council regarding Laidlaw is representative of the community.
Councilor Landry stated that there are two companies wanting to do business in Berlin and we have not talked about the company behind Clean Power. Gestamp is big and some of their branches may be a perfect fit for Berlin. He suggested putting out feelers to see if there is an opportunity for some employment.
Councilor Rozek stated that he has a personal tax issue and he would like to share the personal process he’s been through with Avitar with any Councilor that would like to contact him.
11. Adjournment
There being no further business to come before the Mayor and Council at this time, Councilor Rozek moved with a second by Councilor Poulin to adjourn the meeting. So moved, Mayor Grenier declared the Regular Meeting adjourned at approximately 9:05 p.m.
A True Record, Attest:
Susan Tremblay
Administrative Assistant
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