Work Session
November 1, 2010
Present were: Mayor Grenier, Councilors Landry, Remillard, Danderson, McCue, Evans, Rozek, Cayer, and Poulin
Others presents included: Jonathan Edwards, Mitch Couture, Terry Couture, Dick Poulin media and public
Mayor Grenier opened the meeting at 6:30 p.m. He indicated that the City has been asked for a letter of support for rail line improvements and the City Council has been presented with a request about adding a member of the Board of Assessors to the PILT negotiating team representing the City. Councilor Landry moved with a second from Councilor Rozek to add the items to the agenda. So moved, the motion carried.
Speed Limits
Councilor Evans reported that the first reading on an ordinance to formalize speed limits has occurred and the public hearing and second reading are this evening. At this time there is no permanent action of the city council that tells where the speed limits are. The action this evening will create speed limit zones for the city which are depicted on the speed limit map. Councilor Cayer mentioned that the zone on Hutchins Street is broken up with a 25 mile per hour portion and Councilor Evans acknowledged that this ordinance would change that.
Councilor Cayer asked if it makes sense to keep the Glen Avenue area at 35 miles per hour. Councilor Poulin established that for safety reasons, the limit should be lowered to 25 from the lights at the Cleveland Bridge to Watson Street.
Councilor Evans asked that the ordinance be adopted as it exists and changes can be brought back to the Safety Committee. Councilor Landry confirmed that the areas are not all marked accordingly and that signs would go up to match the speed limits on the map. This is a first step to making it consistent.
Councilor Remillard agreed that speed should be reduced on Glen Avenue and she was in favor of passing the ordinance with the change.
Councilor Danderson moved to eliminate the 35 mph speed limit in favor of a 25 mph speed limit from the traffic light at Cleveland Bridge to Watson Street in both directions; Councilor Remillard seconded and the motion carried.
Request Made to the City by Laidlaw to Concur with Their Motion to the PUC
Councilor McCue expressed his concerns over the handling of a request by Laidlaw to concur with their motion to the PUC. He questioned the use of Donahue, Tucker & Ciandella saying that the City is handling this differently. The Council was notified after the fact that the City was going to file as interveners. He said that his overall feeling was that City Council is getting decisions second hand.
He went on to say that there was a vote against a letter of support on Monday and on Tuesday there is a big rush to file a motion in support of Laidlaw’s objection; it’s as if the vote did not count. The PUC has now issued an order that they are sticking with the schedule and Laidlaw has filed to withdraw as an intervener.
Councilor McCue voiced that this concurrence is giving the impression that the City’s main concern is its share of the new market tax credits. The deadline for $2.5 million revolving loan fund and $500,000 credits continues to change with the original date of November 15 being extended to the end of the year. He asked if there is a chance that the deadline gets extended past the end of the year and Mayor Grenier acknowledged that it is not out of the question. Councilor McCue added that there are issues with the power purchase agreement and there is a real concern about whether rate payers are going to get anything out of this. He said that he is not comfortable with the city looking like it is not concerned about the power purchase agreement.
Mr. MacQueen responded that he is aware of the vote that occurred Monday night and he realized that no matter what he did, it would be subject to criticism. He asked himself, what is the city’s position, and his answer was the policy letter directed by the Council of September 28. With regard to intervening, the City Council had never requested to intervene; however he initiated the process on the advice of Skip Sansoucy who thought it would be beneficial to the City’s PILT negotiations. The Councilor’s concerns are legitimate and the City Council can be as involved as it wants to be. As of Tuesday, he had a policy letter and that is what was acted on.
Councilor McCue asked where the deadline came from and why there was not time to wait for a City Council meeting. Mr. MacQueen indicated that the PUC made its decision the next day and he was under the impression that he had to make a decision right then. He did not know if not acting at all would have made any difference.
Councilor Poulin commented that the City Manager’s actions were disrespectful to the Council when there was a vote of five to four. He said that a special meeting could have been called. Mr. MacQueen explained that his understanding was that the Council did not want an additional letter sent because it was duplication.
Councilor Danderson stated that Laidlaw was asking for an extra step and the City Manager was upholding the vote of 9/28 that was 5 to 3. He did not send another letter and did exactly what the City Council said. Mr. MacQueen added that the motion in concurrence with Laidlaw did not disagree, as long as the December 28 & 29th deadline was not upset. Councilor Danderson noted that not a thing changed as a result; both decisions were respected.
Councilor Landry voiced that he is disappointed that the Council was not kept in the loop. He did not object to the context of the motion as it reiterated what has already been said. He did not understand why we had to spend money to reiterate. He was opposed to the letter on Monday because it was asking the Council to chime in on a power purchase agreement that the Council knows nothing about.
Mr. MacQueen stated that he did not alter the letter from Monday; he asked DTC to concur with Laidlaw’s motion. He did not feel he could get the input from some of the Council without getting input from the whole Council. He looked at it as simply as a legal matter.
Councilor Cayer said that he is disappointed with the action of the City Manager and his concern was that he acted based on an e-mail. Mr. MacQueen noted that if presented with the same situation with a policy on the table, he would act again. He offered to copy the Council on all communication from the PUC.
Councilor McCue strongly recommended that Councilors read the objection and letter that was not approved Monday night as well as the motion. He asked if DTC agreed that concurrence had to be filed that same day. Mr. MacQueen stated that his impression was that they did.
Mayor Grenier reported that Laidlaw withdrew as interveners because they became the focus of the interveners and it was interfering with the true discussions which were the items in the PPA and staying in would have elongated the process. He stressed that it is important for the City to stay in as an intervener to weigh in on anything that comes out of the PUC. Councilor Landry asked how much was spent on the motion and Mr. MacQueen said he would report back.
Councilor McCue confirmed that the extended deadline for new market tax credits is 12/31. Mayor Grenier reasoned that the City and small businesses in Coos Country will be able to purchase equipment with the loan fund to be created with the tax credits which is bigger than CEDC and BEDCO combined. Councilor McCue read from the document that regardless of the deadline, tax credits will be concurrent with the overall financial package closing.
Councilor Landry asked if the benefits could be tightened so that Berlin could benefit first. Mayor Grenier indicated that he would check with the BFA.
PILT and BOA
Mr. MacQueen reported that~Jonathan Edwards had called and explained~that he was under the impression that a member of the Board of Assessors~should be participating in the PILT~negotiations with Laidlaw.~ Mr. MacQueen noted that in a review of the minutes~no such vote could be found.~~State law (RSA 72:74) refers to PILT for owners of regenerating facilities and denotes that the governing body of the municipality may enter into agreement.~ He agreed that the Council~would likely want the Board of Assessors~to review the PILT once it is negotiated.~
Councilor Remillard acknowledged that Skip Sansoucy is the City's expert and she could see no~reason~to make a change.~
Mr. MacQueen reiterated that the question at hand is:~does the City Council~want a member of the Board of Assessors~to be in on negotiations?~ Councilor Danderson indicated that the Council should be able to rely on the results of the negotiation~coming to City Council.~~Mayor Grenier vowed to~look out for the taxpayers of Berlin in the negotiations.~~
Mr. MacQueen reported that there is~nothing in the law that says the BOA needs to be involved.~~Councilor McCue affirmed that~once negotiated, the results would be brought back to the City Council and BOA periodically so that they could weigh in.~
Councilor Danderson agreed that the~BOA should be informed~but ultimately~it is the governing body that is responsible.~~
Councilor Cayer~said that he would support a motion to include a member of the BOA.~
Councilor Poulin commented that it is~hard to support when not always kept in the loop.~ He had no~problem with those doing the negotiations and feels there are~good intentions but he would like discussion at~a meeting so that all of the Council can be kept informed and understand the~process.~ Mayor Grenier explained that there has only been~one meeting to set ground rules.~~
Councilor McCue asked~what happens with a PILT if the~taxpayer is dissatisfied with the tax bill and files an abatement that~ends up with BTLA.~ Mr. MacQueen noted that the tax collection~process in RSA 80 would apply if taxes are not paid.~~Everything else is covered in the~agreement.~~
Councilor McCue returned the discussion to the~role of the BOA in negotiations and Mayor Grenier commented that they should not be involved early on. He offered to put the item on the agenda for~Monday and said that he would not~preclude the Board of Assessors from attending the non-meeting. Mayor Grenier made the point that the Chair of the Board of Assessors cannot be an appointed negotiator~because he does not bring a fair and impartial view to the table.
Mayor Grenier confirmed that there was a motion on the table to involve the Board of Assessors in the PILT negotiation with Laidlaw made by Councilor Cayer; Councilor Poulin seconded the motion and it failed. Councilors Poulin, Cayer and McCue voted for and the remaining five Councilors and Mayor Grenier voted against.
Rail Line Support Letter
The City was asked for a letter of support for the NH DOT FRA Rail Line Relocation and Improvement Discretionary Grant Program. Councilor McCue moved with a second from Councilor Landry to send a letter of support. All voted in favor.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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