Work Session
October 25, 2010
Present were: Mayor Grenier, Councilors Landry, Remillard, McCue, Evans, Rozek, Poulin, Cayer and Danderson.
Others present included Andre Caron, media and public
Mayor opened at 6:35 p.m.
Disorderly Actions Ordinance
Mr. MacQueen reported that Andre Caron, Chief Morency and he have been working on the disorderly actions ordinance and tying it to Chapter 10.5 of the city code as well as to existing State law. This ordinance would set up a system whereby police officers could write up a report on tenants committing disorderly actions; if 3 or more violations occur, the landlord would be required by ordinance to evict the disorderly tenant. SB 354 was passed and will be effective January 1, 2011. It allows a municipality to lien properties of landlords where there are citations or fines. The city can take advantage of that law when it becomes effective without having to adopt it in an ordinance.
Mayor Grenier established that problem tenants are infringing on the rights of their neighbors. One problem building can ruin a neighborhood. Mr. Caron noted that some landlords have good agreements with their tenants and they take responsibility for the people they put into their apartments. If a landlord goes to court with an agreement that has been signed and breached by a tenant, it is likely that the court will side with the landlord.
Councilor Landry commented that he supports the ordinance though it is not perfect; it should get on the books and it can be tweaked as we go. It is a great tool.
Councilor McCue stated that he would like to see the ordinance get passed and asked if anything has been learned about the city’s authority to pass this law as it relates to the landlord/tenant statute. Mr. Caron indicated that our proposed ordinance would reduce the number and frequency of disorderly actions and is authorized by RSA 47 and state law. Mr. MacQueen clarified that this will be the first such ordinance that seeks to evict disorderly tenants. Mayor Grenier acknowledged that the ordinance will likely be challenged. Councilor McCue indicated that RSA 540 gives the grounds under which one can be evicted. Mr. Caron reasoned that there will be three police reports to reinforce the eviction action by the landlord.
Councilor McCue commented that it would be helpful to have a copy of the City Ordinance 10.5 attached for reference. He went on to say that a dwelling unit in an owner occupied building would be subject to complying with this ordinance while they are exempt from other codes. He also had some concern with the appeals process in Section 6 saying that folks will want to appeal before the third violation.
Councilor Remillard stated that she is behind this as it gives credibility to good landlords. Her concern is that it should pertain to all buildings whether owner occupied or not. Property owners need to be accountable for their buildings. When a landlord knows they will be fined when they take the wrong tenant, they will think twice.
Mayor Grenier considered the appeals question and several suggestions for appeal were contemplated including appealing to the City Manager, the Police Chief, Police Commission, Zoning Board, but none of those were regarded as the right fit for appeal. Councilor Poulin suggested giving the aggrieved an opportunity to place a letter on file and it would be taken into consideration if the eviction process starts; this would provide an avenue for someone to say their peace. Mr. MacQueen agreed saying that parties who take issue with a citation are authorized to write a letter that disputes the findings and it will be kept on file.
Mr. Caron indicated that with this feedback, the ordinance would be revised; however he was not clear on the direction for the owner occupied dwellings. Councilor McCue determined that the Council is focused on problem tenants and landlords; however passing this ordinance affects everyone and the Council needs to keep that in mind.
A straw poll resulted in a change in the language in Section 5 – Exempt Units from “all owner occupied dwellings” to “all owner occupied single family dwellings.”
Request for Expedited PUC Process
Mayor Grenier reported that the PUC released their findings and issued an order that will require PSNH to release proprietary information as it relates to the purchase power agreement. It is the first time that the PUC is requiring a utility to reveal specific business documentation. He indicated that it would be in Berlin’s best interest if the final hearing were to remain on 12/28 or 12/29 so that city’s interests are protected and to take advantage of new market tax credits.
Councilor McCue stated that the PUC order came on 10/21 and 10/22 PSNH filed for rehearing; however the process continues on schedule. He expressed concern that the city has counsel that they are not using for this matter. The City has already filed a letter for expedited review in September; then Mayor Grenier followed up with a letter in October. Councilor McCue thought that the City has weighed in enough and the PUC process needs to continue its path.
Councilor Danderson commented that in view of $2.01 tax increase it is pertinent to expand our tax base as much as we can. He would like to see an expedited process and it is important that it happens as quickly as possible.
Councilor Landry confirmed that the letter was drafted by the City Manager and that the City has already sent such a letter. The PUC is doing a great job and they have set a schedule to come to a conclusion by the end of December. He was confused by the contents of the letter that addressed confidentiality more than an expedited process. He said the City has agreed and supports an expedited process; however now the Council is being asked to take sides on the power purchase agreement which we don’t know enough about. The PUC has done a great job and it is not our place to tell them what to do.
Mayor Grenier added that no business enjoys releasing proprietary information and this will put PSNH in a bad position when negotiating other agreements. It will delay the decision past December. Councilor Remillard suggested that sending the letter will encourage the PUC to negotiate with PSNH and maybe come up with a compromise. Councilor Landry voiced that the Council is being asked to support a power purchase agreement that they have not seen. He supported letting market forces determine what happens.
Councilor Danderson noted that interveners are trying to get PSNH to reveal the terms of the PPA. Deregulation has forced PSNH to get into agreements that they don’t want to be in. Mayor Grenier added that PSNH spent $2.8 billion to independent power producers for electricity that was worth $1.9 billion. Independent power producers want to protect their own interests.
Councilor Remillard proposed sending letter to both the PUC and PSNH so that they could rapidly review and the City would then not be taking sides. Councilor Landry made the point that this is a process that we are not experts in. The PUC has ruled and they took interveners’ arguments and considered them. He has full confidence that the PUC will work with the existing schedule.
Councilor Cayer read from a prepared statement that he will not support such a letter. Without a better understanding, sending a letter would send a wrong message. He questioned why the offer of a PPA was not made to Clean Power‘s request of more than a year ago. He urged Councilors to vote against sending a letter.
Councilor Poulin stated that he is not for this and not for the Laidlaw project and never was; but he’s been tolerant of the process and has trusted the process. He added that none of us know what is in the PPA and sending a letter would be undermining the PUC’s ability to do their job and it does not seem like the process is stalled.
Councilor Rozek commented that the Council is split on the issue. He stated that he cares about the city and will do anything to nudge the process along. If we can push, we should. With that he moved the question to send a letter to the PUC; Councilor Danderson seconded and in the roll call vote that followed, the motion failed on a vote of 5/4. Councilors Landry, McCue, Evans, Cayer and Poulin voted against.
Discussion Re: Freezing Positions
Councilor Rozek commented that it is tough to eliminate positions and it might be easier not to replace retired workers. Councilor Danderson agreed saying that before replacing a position, the department head should come to the council to defend the position. It is another alternative to eliminating positions.
Councilor McCue indicated that he does not have a problem with the Council weighing in on vacant positions; however there are powers of City Council and City Manager that cannot be mingled. He confirmed that all positions would be reviewed, not just retirements.
Councilor Poulin asked what the difference is between this and a hiring freeze committee. Mayor Grenier noted that the Council can review to combine positions or delay hiring. The Council does not have regulatory overview; however policy can be set by appropriation. Mr. MacQueen added that he has the authority as City Manager to hire, but he would not if the result of a budgetary review is that the Council does not want to fill a position. The Council has budgetary authority not to spend money on a position.
Councilor Remillard said that she supports this idea because it is an opportunity to cut back on employment and will give the Council a better handle on expenses. Mr. MacQueen confirmed that if the Council votes to do this, any position that is non-school and non-police will come to City Council before hire. There was a consensus to go ahead with position review before hire.
Other
Broker Electricity. Mr. MacQueen indicated that last year the City paid .7586 for electricity and the City has been offered .0699 for the next two years. It is a great rate and makes budgeting numbers constant.
Councilor Danderson moved to purchase power from UMG; Councilor Rozek seconded and in discussion asked what the odds are that power will drop below the contracted amount. Mr. MacQueen replied that below 7 is a good rate but he did not know if the market will go lower. Councilor Cayer confirmed that the City is saving tens of thousands with the power cost contract. Councilor McCue asked what is paid to PSNH and it was clarified that distribution is still from PSNH. In the vote that followed discussion, the motion carried.
Appointment of Finance Officer. Mr. MacQueen reported that Betty Domino has been appointed Finance Officer and he will be asking for replacement of the assistant comptroller position in the Finance Department.
12th Street Bridge Mr. MacQueen acknowledged that the bridge project may be delayed to November 19th due to galvanizing problems with the expansion joint.
Tax Rate. Mr. MacQueen further reported that the tax rate is now proposed at $31.70 but that is preliminary and the DRA is still working on it.
Recourse for Flat Tires. Councilor Landry stated that he’s had a report of multiple flat tires on East Milan Road and the recourse is to make a claim to Sergent about the damage.
Request for Approval of Assistant Comptroller. Mr. MacQueen requested approval to fill the Assistant Comptroller position stating that the assistant fills in when the Director is not there; they supervise five people that do tax collection, payroll, accounts receivable and account payable. It is a critical position.
Councilor Danderson moved with a second from Councilor Landry to fill the position. In discussion Councilor Rozek felt that more information was needed before a decision is made. Councilor McCue reminded all that the ability to do the work by hand is valuable. Councilor Remillard questioned the rate of pay for the new comptroller saying that it should be considerably reduced from the existing position.
Mr. MacQueen noted when it comes to hiring, it is his job to assert the authority of the City Manager and he has to take the existing budget and live within those means. Councilor McCue commented that come budget time, any Councilor can advocate for lower pay. This is a professional position and has to have a realistic salary. Councilor Rozek confirmed that the Assistant position is full time and the salary figure is predetermined. Councilor Landry affirmed that the comptroller was hired at about $20,000 more expensive than the previous part time position because of benefits. There were no savings in replacing the position.
In the vote that followed discussion, the motion to allow the hiring of an assistant comptroller passed with Councilors Evans, Remillard and Rozek voting against.
Tax Rate. Councilors briefly discussed reducing the tax rate using unappropriated fund balance. Mayor Grenier commented that the accumulated surpluses have gone from $ 250,000 to $2 million. He proposed that anything over $2 million should be returned to taxpayers. Mr. MacQueen agreed that is a good guideline; however it is too late for this year because it is in the DRA’s hands. Councilor McCue pointed out that though the tax rate is more it does not necessarily mean the bill will go up; it will be dependent on the result of the valuation for each property. Mayor Grenier stated that the City will not attract new investment with a tax rate that high.
Councilor Poulin reported that a dilapidated building on Hillsboro Street has broken windows and the sidewalk is full of glass and panes are hanging.
Councilor Danderson asked about the status of 100 Pine Street. Mr. MacQueen will check.
Councilor Rozek moved to adjourn; Councilor Poulin seconded and the motion carried. The meeting ended at 8:35 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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