City Council Work Session
September 26, 2011
Present were: Mayor Grenier, Councilors Otis, Remillard, Ducharme, McCue, Evans, Rozek, Nelson, and Théberge
Others present included Senator Gallus (6:35), Representatives Tremblay, Thomas, Coulombe; Pamela Laflamme, Debra Patrick, Civics Class students, media and public
Mayor Grenier opened the meeting at 6:30 p.m. He acknowledged the presence of three State Representatives.
Meeting with Senator Gallus and State Representatives
HB 293 FN. Mr. MacQueen reported that the City has taken a position for years against the continuation of pollution control exemptions which takes tax value from municipalities. HB 293 FN would phase out the pollution control exemptions. The legislation to offer exemptions made sense 30 or 40 years ago when companies had to convert their operations but not now the EPA requires pollution control at the onset of any new project. If the State continues to offer such exemptions, it should not punish local governments that have mills, landfills or waste facilities in their boundaries. The municipality pays on the State’s behalf.
Mayor Grenier added that the DES goes in and deciphers what equipment is exempt and a community can lose a great deal of tax base on the basis of pollution exemptions. Senator Gallus entered the meeting at this time (6:35).
Councilor McCue commented that much of the exemption being lost is on State education. Senator Gallus said that the lobbying is very strong for the companies and he does not see this legislation passing. Representative Coulombe commented that there are a lot of communities that do not have pollution exemption equipment within their boundaries and not directly affected.
Representative Tremblay said that he would ask the sponsor of the bill for reasons behind the bill. Mr. MacQueen asked if the Council wanted to send another letter.
Councilor McCue stated that this bill makes changes in a phased in approach. He added that an argument can be made that communities not seemingly affected will lose a good chunk in state education funding. Representative Thomas said that there is a concern in the southern part of the State that if the exemption is removed, Bow Station will start polluting the area by going to a coal burning operation.
Councilor Nelson moved to send a letter to the Municipal and County Government Committee supporting HB 293 FN; Councilor Otis seconded and the motion carried unanimously.
RSA 72:78. Mr. MacQueen indicated that the City would propose an amendment to RSA 72:78 which the City adopted and later rescinded. A few small businesses tried to take advantages of it and the City found that there were logistical and process problems to the legislation. As written, the law provides for an abatement as opposed to an exemption. The municipality can’t budget for it and the DRA could not resolve the problems.
Mayor Grenier commented that the city has since repealed the acceptance of the legislation; however re-adoption is a possibility if the law is more manageable. The amount being exempted needs to be clear to the municipally going forward; the law as written goes backwards. Mayor Grenier noted that as written, the City would be paying county tax on the full tax amount. He added that if we are serious about reviving Main Street this is an important piece.
Senator Gallus indicated that he will hold a place and start the amendment in the Senate.
Little People’s Pond. Councilor Rozek brought forward a problem with Little People’s Pond which is on private land. State Fisheries stocks the pond and it has been a “children only” pond as long as anyone can remember; however adults are fishing there. Is there a way the State can regulate the pond so that it is limited to 12 and under.
Senator Gallus confirmed that there is not a city ordinance. Mayor Grenier asked if there was an ordinance, would that prohibit Fish and Game from stocking. Representative Coulombe clarified that the pond was also designated for children and the disabled. Representative Tremblay said that he has a meeting soon with the Fish and Game Committee and he will ask the questions and get answers back.
Councilor Evans asked for some background on the pond and he was informed that it is on privately owned land behind the Bass Shoe plant on Route 110. He asked if the City can regulate a privately owned pond and Senator Gallus commented that it depends on the size of the pond. Mayor Grenier asked if the City regulates the pond, will Fish and Game continue to stock it.
HB 408 Councilor McCue touched on HB 408 which would serve to reconcile State law with Federal and secure fair enforcement in mortgage transactions. The conflict in State law is creating an impact on attorneys who are guiding clients through financing among a buyer and seller and it is having an effect on the real estate market. This legislation would exempt from licensing requirements, an attorney who serves as a “mortgage loan originator” who is not compensated by a lender. When asked by Representative Tremblay, Councilor McCue confirmed that he supports the bill as written.
Councilor McCue asked Senator Gallus and the Representatives to also be well aware of bills passing down costs to municipalities to save money for the State. There are also bills that we have been successful with such as the reinstatement of the poll tax that will surely come back.
Councilor Evans commented that the Senator and Representatives should also vote against bills that enhance administrative costs at the municipal level. Over a period of time, even small bits of time, such as additional reporting add cost to city government forcing staff increases.
Redistricting
Mayor Grenier reported that the City is required by Federal law to create equal ward districts within the city. The State prison has thrown ward division on its ear and the Council found the first proposal presented to them by staff, unacceptable; he added that the second proposal is worse.
Ms. Laflamme presented the Council with additional information about the two options for redistricting that she has come up with. City Clerk Debra Patrick provided a written report regarding the number of voters being displaced from their wards.
Ms. Laflamme noted that Option 1 encompasses a large geography and people are shed out of Ward III due to the prison and placed into Wards 1,2 and 4, using census blocks and keeping the wards contiguous.
Option 2 moves people from the east side of the river to the west side; moving people from Ward 3 to 2 & 4 then from 2 and 4 to 1. There are a lot of addresses affected in a more concentrated area in option 2.
Mayor Grenier stated that he wants to make every effort to avoid a special election but he felt that if either of these options is brought to the voters, it does not stand a chance of passing. Having 2 wards, one on east side and one on west side may be the answer. There would still be eight councilors with two from each ward and four would be elected at large. Councilor McCue asked if the east /west division would balance the population. Ms. Laflamme commented that the division may have to be north /south.
Mayor Grenier suggested that the amendment to the Charter reflect new voting districts and Ms. Patrick affirmed that the revision would split Berlin’s wards in 2 rather than 4. Councilor McCue asked about future changes not needing to go to the voters and Ms. Patrick said that is legislation being considered. Ms. Laflamme noted that in Maryland, Texas and NY inmates are counted in the community from where they were living when arrested.
Representative Coulombe expressed concern over losing the inmate population in Coos County because it could mean losing State representative. Ms. Laflamme noted that the Federal prison will add 1200 to 1500 to Ward III.
Councilor McCue made the point that none of these considerations will be in place until the September State primary in 2012.
Mayor Grenier thanked Senator Gallus and the Representatives for coming. The meeting ended by mutual consensus.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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