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City Council Minutes 12/06/2010 Work Session
Work Session
December 6, 2010

Present were:  Mayor Grenier, Councilors Landry, Remillard, Danderson, McCue, Evans, Rozek, Cayer, Poulin.  Others present:  Steve Binette, Randall Trull, Andre Caron, Dori Ducharme, Dick Poulin, Warren Horsefield, Betty Domino, Max Makaitis, Brian Valerino, Pete Morency, students, media and public

Notre Dame Building Transfer
Mr. Caron reported that Dana Willis and Jim Tamposi have informed the City that they are short on financing their proposal for Notre Dame and they have an opportunity to transfer the purchase and sale agreement to Tri County CAP.  With their access to federal funds, CAP may be able to continue with the project.  

Councilor McCue confirmed that the draft P & S assignment has NCIC’s name in error.  He also confirmed that a house sold across the street to Mr. Willis & Mr. Tamposi has since been sold multiple times.  Councilor Remillard asked what happens if the Council does not support the sale to CAP.  Mr. Caron established that there has not been any interest in the building.  Councilor McCue affirmed that Mr. Tamposi will not have any role in the project; they are going to get completely out.  He added that he knew of Dana Willis’ track record and it was the fact that Jim Tamposi was a partner that got him passed his skepticism.  Mr. Caron acknowledged that the projected income does not carry the expenses of the building.  

Councilor Landry asked what the end product will be and Ms. Ducharme determined that CAP will look at assisted living with Alzheimer’s units; it may also be supported housing similar to the Cornerstone building.  Mr. Tamposi submitted a pre-application to NIFFA and they suggested bringing CAP on board.   Councilor Landry asked who will operate the facility and will it be on the tax rolls?  

Ms. Ducharme noted that as a non-profit CAP will likely look at a PILT.  Councilor Danderson commented that he supports the transfer.  Councilor McCue stated that he wants to see something happen.  He’s seeing improvements to that neighborhood and he wants to see the improvements continue.  

Councilor Danderson moved to support the transfer of the purchase and sale agreement; Councilor Rozek seconded.  Mayor Grenier noted that a resolution will be brought forward at the next meeting.  

IEBC Additional Information
Mr. MacQueen informed the Council that the International Existing Building Code (IEBC) is an alternative for downtown redevelopment.  After several contacts, Concord responded by sending a letter.  The current building codes have two existing methods of enforcing development in existing buildings.  The IEBC would add an additional option giving code officials one additional method of dealing with existing buildings and gives more flexibility in the approach.    

Chief Trull agreed saying that he has spoken with the Nashua Fire Marshall who said that the IEBC allows flexibility to enforcing codes and provides options.   Mayor Grenier noted that buildings in the downtown were built in 1800’s and the Council should do what it takes to give the maximum flexibility to that people could get the most use out of their buildings.  
Councilor Evans commented that the State sets building codes that become the minimum and anything adopted at the local level has to be more restrictive; so how can adopting something stronger than the minimum help flexibility?  Mr. MacQueen replied that originally we did not believe we could adopt; however this has been done by other municipalities and the State Fire Marshall’s office is aware.  It is also likely that the IEBC will be adopted by the State in the next year or so.  

Councilor Remillard asked what the more restrictive part of this ordinance is.   She asked if there is any urgency of adopting now.  Mr. MacQueen said that there is no urgency other than someone may want to do a downtown building and this may help them do it.  With regard to being more restrictive, Mr. MacQueen stated that this ordinance gives additional flexibility and staff would not be recommending it if there were more restrictions.  Chief Trull added that this gives more flexibility to the code official and still meets the requirement of protection.

Mayor Grenier asked to have the ordinance on the agenda at the next meeting.    

Hiring Review
Chief Trull informed the Council that he has two retirements coming up with the first at the end of December and another in April.  He said that the two positions are needed to protect people and assets.  Fires take a toll on personnel and there have been 20 fires.  Mayor Grenier noted that if there is additional funding or tax revenues, the second position could be considered.  He said that he can’t support maintaining manpower without the ability to pay for it.

Councilor McCue made the point that the positions are funded through June 30 in the current budget. If the positions are replaced it should be understood that it is for this year only.  Chief Trull established that he spoke of the retirements during the budget hearing.  He went on to say that the positions will be hired at the probationary level realizing a savings of about $9,000.  Mayor Grenier made the point that there is an increase of 14.7% of health insurance and Group II retirement is up to 20%.  Even if we do nothing, labor costs will increase by over $100,000.  Councilor McCue agreed with filling one vacancy now and reviewing the second vacancy in April.
Councilor Rozek commented that he can’t support replacing the positions and he wants to bring the tax rate back down.  Representing the taxpayers’ interest, he wants taxes to get back to the $29.00 per thousand.  He added that it is not morally fair to hire a person with the intention to lay off in six months and we can’t afford it right now.  He asked how we promote the city when we have the highest tax rate in the state.  There is an opportunity to see where we will be with the budget before making the decision to replace.

Councilor Remillard stated that she is not convinced that the Fire Department could not run with less people asking what does running with two people less do.  Chief Trull reported that regulations say there should be more people making the initial response to a fire.   Councilor Remillard stated that she cannot support two positions unless there is additional revenue.  

Councilor Danderson confirmed that the clerk at the department maintains all ISO and hose testing records and is a firefighter.   Councilor Poulin asked about what overtime would be incurred by not filling the position.  Chief Trull estimated that it would be close to $100,000 in overtime to cover vacation and personal time.  

Councilor Danderson moved to replace one of the two firefighter retirements; Councilor Landry seconded and the motion carried with Councilors Rozek and Evans voting against.

Finance Consultant Proposal
Mr. MacQueen reported that Ms. Domino has been looking at several software companies that may want to sell software and tell us how we may improve ways of doing things.  There are also auditing firms that were contacted and were too busy to make a proposal.  The proposal enclosed is for a review of procedures.  Ms. Domino explained that she is reviewing several avenues including departments entering payroll for their department, credit card payments and more.    

Ms. Domino pointed out that the City accounting system and school system are not the same and information from the school system is manually entered.  Mr. MacQueen made the distinction that the proposal from the accountant is different than that of the software companies.  The accountant is most knowledgeable about accounting where the software companies may know little about accounting.  

Councilor Poulin expressed that he’s been looking for a new set of eyes to do the review.  Mayor Grenier asked if the Council would be willing to spend up to $3,000 of the contingency account.  Councilor Cayer asked if there would be better luck getting the accounting firms to make a proposal after the holidays and Mr. MacQueen noted that he did not get the impression.  Councilor McCue stated that all we are asking for is an assessment of the operation and we are not interested in anything beyond.   

Councilor Poulin moved to hire Maura Halkiotis for a fee not to exceed $3,000 to review the finance operations and pay for the services through the Contingent Account; Councilor Rozek seconded and the motion carried.

I & I Contract
Councilor Danderson moved to go ahead with the I&I contract with Wright Pierce; Councilor Poulin seconded and the motion carried.  Councilor McCue confirmed that the redacted wording in the contract is language that we are not using.

COPS Program
Chief Morency explained that the PD has been asked to accept the COPS more grant which now earmarks the money to Berlin if they decide to use it.  The application was to enhance the department; however the Council’s instruction to flatline the budget may allow the grant’s use to replace retirees.  Councilor McCue expressed concern that the grant is not a perpetual revenue stream.  Chief Morency added that it gets us through three years.  The grant is for $250,000 or $82,000 per year.  

Mayor Grenier thanked City Councilors Evans and Rozek for attending the police commission meeting.

Chief Morency explained that the grant for a generator has been increased to $80,000 to cover the cost of the engineering and going out to bid.  Councilor Rozek gave kudos to the Police Department for being aggressive at seeking grants.

Respectfully Submitted,
Susan Tremblay
Administrative Assistant