City of Berlin, NH - City Council Minutes 12/06/2010 Regular Meeting

City Council Minutes 12/06/2010 Regular Meeting

PUBLIC HEARING – December 6, 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 8:17p.m.

-Resolution 2010-43 PD Command Training Series $1,000 Grant – No comments

-Resolution 2010-44 PD Ballistic Vest $8,775 Grant - No comments

-Resolution 2010-45 Authorize Sale of Bartlett School to White Mtn. Suites LLC for $30,000:

Sylvia Poulin, who resides at 100 High Street in Berlin, supports the Bartlett School Project which would provide great housing for approximately 60 students. The housing units will create and promote downtown activity. To back down from the project at this time would be a bad sign. Steve Binette and Steve Hallee have been great community partners throughout the years.

Warren Horsfield, 327 School Street, is not opposed to the project but is opposed to the price. He wonders why the price of the building is now $30,000 as opposed to the original price of $100,000. He would prefer that the building be sold at the fair market price or be put out to bid. That building if valued at $200,000 could easily sell for $125,000 - $150,000. The extra $65,000 - $75,000 the city makes could be used to hire a firefighter.

Max Makaitis, Economic Development Director supports selling at this time rather than have a vacant building. Housing for 60 people would enhance downtown and be an economic benefit to create residence for students which would be a great opportunity. The question was raised on the amount of money originally bid. There were two bids, one for $100,000 and one for $20,000. The bid was properly advertised and solicited. At the time, the original bidders ($100,000) would have been able to build for much less money. Now with new higher prices, costs to refurbish the building have significantly risen. The current $30,000 offer is more than the original second bid of $20,000. Max added that these are local investors and we know who they are. Outside investors are not always the way to go as history has proven itself. Steve Binette and Steve Halle are reputable individuals we can trust. Max suggests that we sell before we spend any more money to maintain this empty building.

Mayor Grenier asked Max what he thinks the total cost of retrofitting is estimated to be. Max replied in the current market, it could cost up to $1.2 - $2 million dollars to refurbish a building of this size. Originally, they anticipated it would cost roughly $600,000.

Steve Binette, West Milan, has been a resident of this area for many years. Although this is a good investment, it is all a gamble. They will advertise but the college has no strings attached guaranteeing them students. They are willing to invest in the project. The building is sound but has lots of rework to be done. They plan to make fourteen suites in all. They have checked their finances and feel solid about the project.

-Resolution 2010-46 Amending 2010-07 by Increasing the Grant Amount to $400,000 – No comments

There being no one else wishing to speak for or against the above noted resolutions, Mayor Grenier closed the public hearing portion of the meeting at approximately 8:27 p.m.

REGULAR CITY COUNCIL MEETING – DECEMBER 6, 2010

Mayor Grenier called the regular City Council Meeting to order at approximately 8:27 p.m. in the Council Chambers of City Hall.~ The pledge of allegiance to the flag preceded roll call. Present: Councilors Remillard, Landry, Danderson, McCue, Evans, Rozek, Cayer and Poulin. Also present: Pat MacQueen, Sue Tremblay, Andre Caron, Police Chief Morency, Deputy Chief Valerino, Sergeant Valliere, Steve Binette, Steve Halle, citizens and the press.

Minutes, Previous Meetings

Councilor Remillard moved with a second by Councilor Cayer to accept the minutes of the November 15 Regular Meeting/Work Session and November 22 Work Session. So moved, the motion carried.

Disbursements:

The Committee on Accounts/Claims recommends paying all bills dated 11/18/10–12/08/2010 for a total cash disbursement of $4,125,794.06 Manifest #1630.~ 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: No public comments

UNFINISHED BUSINESS

Council Committee Reports – No reports

Resolution 2010-43 Authorizing the Police Commission to apply for and accept One Thousand Dollars ($1,000) in training grant funds from the NH Police Standards and Training Council (NHPSTC) for the Command Training Series. (tabled 11/15/10)

Resolved by the City Council of the City of Berlin as follows:

Whereas, the Command Training Series provides relevant concepts of management and leadership appropriate to the role responsibilities of first line supervisors; and

Whereas the NHPSTC recognizes Roger Williams University as a leader in the field of law enforcement supervisory training; and

Whereas the NHPSTC currently has funding available to offset the expense of said training. Now therefore, be it resolved by the City Council of the City of Berlin, NH, that the Berlin Police Commission is authorized to apply for and accept One Thousand Dollars ($1,000.00) of grant funds from the NHPSTC for First Line Supervisor Command Training. Further, that upon receipt of the grant One Thousand Dollars ($1,000.00) shall be appropriated to the Berlin Police Department for the purpose of the grant and the City Manager is authorized to do all things necessary to effectuate the grant. 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 at this time. So moved, the motion carried and Mayor Grenier declared the resolution now passed.

Resolution 2010-44 Authorizing the Berlin Police Commission to apply for and accept Eight Thousand, Seven Hundred Seventy-Five Dollars ($8,775.00) of training grant funds from the US Department of Justice, Office of Justice Programs Bulletproof Vest Partnership and appropriating such funds to the Berlin Police Department for the purpose of effectuating the grant. (tabled 11/15/10) Resolved by the City Council of the City of Berlin as follows:

Whereas officers respond to volatile situations; and

Whereas bulletproof vests exist to enhance officer protection during volatile situations, also aiding in the effective delivery of police services; and

Whereas the Department of Justice will provide $8,775.00 in grant funds to the Berlin Police Department for the purpose of purchasing bulletproof vests. Now therefore, be it resolved by the City Council of the City of Berlin, NH, that the Berlin Police Commission is authorized to apply for and accept funds from the Department of Justice Bulletproof Vest Partnership program. Further, that upon receipt of the grant, it shall be appropriated to the Berlin Police Department for the purpose of the grant. Be it further resolved that the City Manager is authorized to do all things necessary to effectuate the 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 McCue 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 at this time. So moved, the motion carried and Mayor Grenier declared the resolution now passed.

Resolution 2010-45 Authorizing the sale of the Bartlett School building located at 56 Mt. Forist Street to White Mountains Suites, LLC for the sum of Thirty Thousand Dollars ($30,000) to revitalize said property into living units. (tabled 11/15/10) Resolved by the City Council of the City of Berlin as follows:

Whereas, the City of Berlin currently owns a building at 56 Mt. Forist Street known as the Bartlett School; and

Whereas, the City of Berlin Board of Education determined that the Bartlett School was no longer necessary for its needs and has removed all furniture and accessories out of the building and turned the property over to the City; and

Whereas, there are significant costs and no tax base derived from the City's maintaining such an unused building; and

Whereas, the Mayor and Council have determined that the City of Berlin has no further need for the property; and

Whereas, the City of Berlin advertised state-wide the sale of the building by means of a Request for Proposal (RFP); and

Whereas, the original Proposal tendered by White Mountain Suites LLC resulted in a Purchase and Sale Agreement between the City and White Mountains Suites LLC which expired due to a serious family matter, and

Whereas, White Mountain Suites LLC has re-organized and modified their proposal which the Mayor and Council believe to be still the most advantageous proposal for the City and will fulfill a need for student housing not currently available in the city as well as put the property back on the tax rolls. Now therefore be it resolved by the City Council of the City of Berlin as Follows: That the City Manager is authorized to do all things necessary to effectuate a new purchase and sale agreement substantially similar to the attached and to sell the building for the sum of Thirty Thousand Dollars ($30,000.00) to White Mountain Suites LLC. Further, that the proceeds of the sale will be deposited with the City Treasurer. This Resolution shall be in full force and effect from and after passage.

Councilor Poulin moved with a second by Councilor Cayer to remove the resolution from the table at this time. So moved, the motion carried.

Councilor Poulin moved with a second by Councilor Cayer to have the resolution read a second time by title only. So moved, the motion carried.

Councilor Rozek doesn’t have a problem with the project but he has a problem with the land and school building. He wants his concerns to go on public record that in the near future with the new prison opening he expects a large influx of students. As a former member of the School Board, he remembers a lack of school space and the schools were forced to spend $40,000 - $50,000 per year for mobile class rooms. He doesn’t understand how the amount went down from $100,000 to $30,000. Another big issue is that we currently don’t have much available land in the city. This area of land would not only be in the city but would also belong to the city. We would be giving that up as well. Another concern is that the building currently has an assessed value with Avitar, if they use this value to review commercial properties and we sell this large, structurally sound building which includes an acre of land for a small price will Avitar penalize us for this? Councilor Rozek would, at a minimum, like to see the reverter clause put back in the resolution to at least protect the city.

Andre Caron said banks would not finance anyone due to the reverter clause and none would satisfy the bank.

Mayor Grenier asked if Council would prefer to state that the city would have first refusal instead of a reverter clause like they have at the airport.

Councilor McCue is concerned that would pose the same problem with lenders. He said it is time to pass this resolution and not hold up the process.

Councilor Poulin said that we are lucky we have these gentlemen that want to do something of this nature. It is the perfect opportunity to create more jobs and housing for the kids. He does not agree with a reverter clause. He feels if we want it, we can buy it when it goes up for sale. Councilor Poulin added that anyone who wants to invest $1 million, please step up, we’d like to hear from you. Why try to smother the project, we need to move forward.

Councilor Rozek understands the Councilors intent but this is not a business transaction. He is only trying to protect his constituents and wants his comments to be part of the public record. It is ultimately Councils’ choice.

Councilor Danderson supports this project. It was good to hear Max explain about the two bids since he did not know about that fact before. It is important to him that the $30,000 is more than the last bid. If the second bidder had been higher, that would have been wrong. Input and hearing from Max made him feel good about this issue. It is time to move forward and pass this resolution.

Councilor Poulin moved with a second by Councilor Cayer to have the resolution read a third time by title only. Councilor Rozek voted no. So moved, the motion carried.

Councilor Poulin moved with a second by Councilor McCue to pass the resolution at this time. Roll call resulted in unanimous affirmative votes including Mayor Grenier with the exception of Councilor Rozek who voted no. Mayor Grenier declared the resolution now passed.

Resolution 2010-46 Amending Resolution 2010-07 that authorized an application to the New Hampshire Department of Environmental Services for a One Hundred Ninety-Five Thousand, Four Hundred Dollar ($195,400) Cleanup Grant to remove and/or encapsulate lead hazards found in the 411 School Street building as part of “The 411 School Street Revitalization Project” by changing the sum of the grant to Four Hundred Thousand Dollars ($400,000). (tabled 11/22/10)

Resolved by the City Council of the City of Berlin as follows:

Whereas, the City of Berlin owns the building known as 411 School Street which is currently unoccupied and in need of revitalization; and

Whereas, the City under a previous Brownfields Assessment Grant has documented the scope and cost of removal of hazardous materials and with the assistance of USEPA Grant Funds in 2009 has already removed all hazardous materials except for lead paint remnants and lead impacted soils due to a lack of funds; and

Whereas, the New Hampshire Department of Environmental Services and the USEPA agreed that additional testing was required for PCB contaminants and said results indicated a higher level of remediation would be required; and

Whereas, the City is eligible for a New Hampshire Department of Environmental Services Brownfields Revolving Loan Fund Cleanup Grant under a $1.8M award to the New Hampshire Department of Environmental Services in additional funding provided by the American Recovery and Reinvestment Act of 2009; and

Whereas, the City requested additional funds to address the newly found contaminants and will not be required to obligate any matching funds; and

Whereas, all grant proceeds shall be deposited with the City Treasurer and any additional use of the funds beyond the scope of work as listed in the application shall require prior approval of the City Council. Now therefore, be it resolved by the City Council of the City of Berlin as Follows: That Resolution 2010-07 authorizing the City Manager to sign and submit a sub grant application to the New Hampshire Department of Environmental Services for One Hundred Ninety-Five Thousand, Four Hundred Dollar ($195,400) is hereby amended to authorize the sum of Four Hundred Thousand Dollars ($400,000) and that the City Manager is authorized to sign all documents and do all things necessary to effectuate the grant. That the City Manager is further authorized to receive said grant and the grant proceeds are hereby appropriated, in addition to all other funds, for the purpose of the grant. 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 Landry to have the resolution read a second time by title only. So moved, the motion carried.

Councilor Remillard moved with a second by Councilor Landry to have the resolution read a third time by title only. So moved, the motion carried.

Councilor McCue wanted to make it clear after the discussion at the work session that the purchase and sale agreement has no impact on the project and they can still proceed

Councilor Remillard moved with a second by Councilor McCue to pass the resolution at this time. So moved, the motion carried and Mayor Grenier declared the resolution now passed.

NEW BUSINESS

Ordinance 2010-16 Amending the Code of Ordinances, Chapter 8. Housing by adding Article III, Disorderly Actions in Non-Owner Occupied Dwellings. (1^st read)

Due to the length of this ordinance, Mayor Grenier had the City Clerk read the ordinance by short title only with the understanding that the full ordinance would be advertised in the local newspaper in its entirety. Councilor Remillard moved with a second by Councilor Poulin to table the ordinance and schedule a public hearing on December 20, 2010. So moved, the motion carried.

Resolution 2010-47 Authorizing the Berlin Police Commission to apply for and accept Eighty Thousand Dollars ($80,000) of grant funds from the NH Department of Safety under the 2008 Homeland Security Grant Program for an emergency generator and to appropriate such funds when received to the Berlin Police Department Budget. (1^st read)

Councilor Landry moved with a second by Councilor McCue to table the resolution and schedule a public hearing on December 20, 2010. So moved, the motion carried.

8. City Manager’s Report

East Milan Road Pump Station and Paving

East Milan Road is set for the winter. Work will continue on the pump station through the winter. Sargent is in the process of back filling the deep foundation now and the schedule calls for masonry work to be started in February with the work on the building completed in the summer. In the spring the final course of pavement will be added between the 12^th Street Bridge and the Urban Compact line.

Paving Projects

The Hutchins Street and the Highland Park Avenue paving projects were fortunately squeezed in prior to the snow flying. Hutchins Street is complete while the final paving on the Highland Park project will occur in the spring when all the manholes can be raised.

I&I Project

The I&I bid package has been advertised and bids are due on the 21^st of September for work that would re-line in place the existing pipe which runs south along the river from the college to the Dairy Bar pump station. The remaining schedule for the project is for the work to be carried out from January through March.

Bickford Place

Attached is a copy of the latest Architect Inspection Report for this project which includes some pictures which give a real good idea of the work that has been accomplished.….

Demolition Projects

Below is a listing of the status of the various demolition projects and their status:

CITY BUDGET PROJECTS
796 Western Ave.	Complete 10/28/10
169 Green Street	Complete 11/26/10
761 Second Avenue	Complete 11/5/10
692 Second Avenue	Complete 11/19/10
407 Champlain	Underway (asbestos removal)

NSP PROJECTS
390 School Street	Complete 11/24/10
520 School Street	Underway (just started)
575 Champlain Street	Complete 12/2/10
288 Burgess Street	Complete 11/20/10
102 Granite Street	Underway (just started)

Federal Railroad Administration Acknowledgment

Attached is a letter from FRA Administrator Joseph Szabo acknowledging our letter which expressed support for the recent State of NH application for rail funding for rail line improvements in this area.

Senator Shaheen Letter of Support

Attached is a letter of support from Senator Shaheen's office for our latest EPA Brownfield's assessment grant application. This is a national competition, but we are optimistic that this grant application will be approved. If received, we will be able to do a Phase II assessment of Dummer Yard and some of the more critical buildings in the City.

Federal Reserve Bank Meeting at WMCC

A meeting was sponsored on November 18 at the WMCC by the Federal Reserve Bank of Boston with local folks to try to get their input on various issues of this region that the Federal Reserve Bank of Boston would like to keep its finger on such as how local businesses are dealing with the tight credit market. The results of the input from the meeting are being catalogued and presumably will come back to us in some fashion in the future along with ideas about how the Bank may be able to assist with some of these issues.

PWD Monthly Report and City Manager's Timekeeping – available for review in City Manager’s Office.

Councilor McCue asked the City Manager if the meeting with the Federal Reserve was advertised.

The City Manager replied it probably was not since it was not a public meeting.

Councilor McCue then said although he appreciates updates about Bickford Place he asked where we are at.

City Manager MacQueen replied there were no additional issues with the budget in that regard.

Councilor Poulin moved with a second by Councilor McCue to accept the City Manager’s Report and place it on file. So moved, the motion carried

9. Mayor’s Report

School Board letter of resignation from Mitch Couture. On a personal note, Mayor Grenier stated it is with deep regret and sadness that he received Mitch’s resignation. He has been a tireless advocate for the schools and served the City of Berlin very well. He served in an era of tight money and higher needs for students. He never lost focus although it sometimes put him at odds with Council and always fought to add more to provide the best education for the kids. “Sometimes you don’t know the impact a person has until they are gone and he will be hard to replace” said Mayor Grenier. He asked that an appreciation plaque be presented to Mr. Couture on December 20.

Councilor Remillard moved with a second by Councilor Landry to accept the resignation and to schedule an appreciation plaque presentation on December 20. So moved, the motion carried.

Appointment: Berlin Housing Authority.

Mayor Grenier nominated Paul Croteau to be reappointed for a five (5) year term set to expire 12/2015. Councilor Poulin moved with a second by Councilor Remillard to accept the Mayor’s appointment of Paul Croteau to the Berlin Housing Authority. So moved, the motion carried.

The Mayor would like to forgo the December 27 work session unless something major needs to be resolved. It is between the holidays and an important time for Council to spend with family.

Councilor Danderson moved with a second by Councilor Poulin to accept/file the Mayor’s Report. So moved, the motion carried.

10. Public Comments No public comments

11. COUNCIL COMMENTS

Councilor Remillard is ecstatic about the buildings being demolished. It looks great and everyone is happy about the process.

Councilor McCue said although he commented during the work session his concern about using grant money to fund city positions, it is nice to see resolutions using a one-time shot. He is more comfortable about grants for PD vests and generators. He appreciates that the Police Department is busy chasing grants. It seems that law enforcement has more opportunities than other departments to acquire grants.

On another matter, he finds it interesting that regarding the Bartlett School Project, the loudest advocates to keep the school was Jon Edwards and it is ironic that his neighbor Warren Horsfield talked about the merits of not selling. It is interesting to see who ends up on what side once all is said and done.

Councilor Rozek related that he served two terms on Berlin’s Board of Education and taught at Stratham Community College with educators who spend their whole lives making business decisions. It was once the newest community college on a 300 acre parcel donated to the state. It was completed in 1979 with three levels designed to add on space when needed. Through the wisdom of the education system there, it was of no value in their opinion since it was not in the right location. They decided to invest and relocated at the old Pease Air Force Base Hospital. Although they didn’t own the property, they were happy to be located in the ‘hub’ near McIntosh College and then they realized they did not have enough room. That is a good example of educated people making business education decisions. He is concerned about the limited amount of property the city owns. Councilor Rozek cautioned Council not to do this in haste. He reiterated that his position about Bartlett School never changed and is the same position he has maintained from the beginning.

12 Adjournment:

There being no further business before the Mayor and Council at this time, Councilor Danderson moved with a second by Councilor Landry to adjourn the meeting. So moved, Mayor Grenier declared the Regular Meeting adjourned at approximately 9:13 p.m.

A True Record, Attest:

Debra A. Patrick, CMC

City Clerk