Special Meeting
October 10, 2011
Present were: Mayor Grenier, Councilors Rozek, Remillard, McCue, Evans, Otis, Nelson; absent were Councilors Ducharme and Théberge
Others present included Debra Patrick, Pamela Laflamme, media and public
Mayor Grenier opened the duly noticed Special Meeting at 6:30 p.m.
Redistricting
Ms. Laflamme explained how she made the changes suggested by the Council at the last meeting. The bulk of neighborhood is restored; however there needs to be a line to divide into two wards. This is a well balanced option and restores unity. Councilor Remillard asked where the division is and Mr. Laflamme explained the division as Riverside Drive to Veteran’s Park; up Pleasant Street to the railroad by the Police Station to Hillside Avenue, then to Mannering Street to Third Avenue to Sixth Avenue. She noted that all along the line half of the street will be in Ward 1 and half in Ward 2.
Councilor Rozek expressed the need to call this something other than wards because people are comparing the existing Wards One and Two with what is out now and it is nothing the same. The areas could be named east and west or Precincts E and W.
Councilor Remillard suggested that we don’t need wards. There was some discussion about separate polling places and separating the City into districts for ease of voting; however Ms. Laflamme pointed out that if there are districts, they will need to be equal in population. Councilor Remillard stated that there could be one place to vote such as the college that could accommodate everyone. All councilors would run at large.
Ms. Patrick reported that there are 24,000 voters in Merrimac and they are one district. Councilor Remillard proposed that the voter checklist could be separated alphabetically; this will also take care of a change in the census in ten years when the Federal prison is counted. Mayor Grenier said that he would not be opposed; this would be an easier option for appointing Airport Authority and Water Commission members as well.
Councilor Remillard pointed out that the Council is looking for the good of the city and there is a need for unity. Councilor McCue asked what will happen if the college cannot accommodate. Council members suggested the Armory or Berlin High School. Some workable solution will be found.
Councilor McCue questioned whether the voters will accept this as a solution and he asked if the “Remillard amendment” could be read at tonight’s meeting and continue on with the timeline. Mayor Grenier stated that this would be easier to sell then the proposal to divide neighborhoods. He replied that once the resolution is taken off the table, it can be amended. He noted that he would not be in favor of reducing the number of Council members; however to achieve staggered terms the first election will have to be for four two-year terms and four four-year terms with the following election having all four year terms.
Councilor McCue expressed concern about having the language in the charter amendment that would allow amending the charter in the future as it pertains to redistricting to be done by ordinance. He questioned whether this should be broken out as a separate question. Mayor Grenier noted that proposed legislation would allow legislative bodies to change voting districts after census to reflect equal voting districts. Councilor McCue stressed that the change is in this amendment and it needs to be clear to the people.
Mr. MacQueen indicated that the voting districts and redistricting will be a moot issue if Berlin is one district.
Councilor Rozek stated that he is in favor of this. He confirmed that if approved, a polling place is yet to be determined but there is until the September 2012 election to work that out. The driving factor for this change is the addition of the State prison population to the City’s census numbers and the Federal prison that will exacerbate the issue. Councilor McCue added that it is important that the voters know none of these changes will take effect until the fall of 2012.
Mayor Grenier asked if there is a down side and there were none at this time. He commented that having one district will make elected officials city wide be more engaged. Councilor Nelson added that times are changing and constituents tend to talk to who they are most comfortable with.
Ms. Patrick referred to the timeline and said that the proposal has to be sent to the Secretary of State on October 25th. Mayor Grenier emphasized that the public will need to be informed of the options the Council was faced with and how they came to the conclusion that this is what is best for the city.
Mayor Grenier, City Clerk Patrick and City Manager MacQueen left the room at 7:20 p.m. to adjust the language to have an amendment available that would eliminate wards in the city. Mayor Grenier left the meeting at 8:00 p.m. due to another commitment; Councilor McCue was asked to chair.
At 8:22 p.m. Council members were presented with an amendment to the Charter that would have the entire city as one voting without wards.
Resolution 2011-34-R3 Ward Boundaries.
Resolved by the City Council of the City of Berlin as Follows:
Whereas, the 2010 Census has indicated that a disparity in representation exists between Berlin’s four wards; and
Whereas, at least as often as each recurring federal census, the City must review the ward boundaries, if any, and, if necessary to comply with the Constitutional requirement, equalize populations and re-divide the City into equal wards; and
Whereas, the process currently required to perform this constitutional duty requires an amendment to the City Charter, approved by the voters; and
Whereas, reducing the number of wards from four (4) to zero (0) henceforth would not dilute the voting power of residents and would result in cost savings to the City; and
Whereas, the City Council is moving to place on the ballot for the 2012 presidential primary election an amendment to the City Charter to address these requirements, to avoid the need for a special election, in order to save resources,
Now therefore be it resolved that the proposed Amendment to the City Charter is necessary:
CITY OF BERLIN
CHARTER QUESTION
JANUARY ___ 2012
Each voter who wishes to vote “yes” shall fill in the oval near the word “yes;” each voter who wishes to vote “no” shall fill in the oval near the word “no.” If no mark is made in either oval, the ballot will not be counted as to such question.
SHALL THE MUNICIPALITY APPROVE THE CHARTER AMENDMENT REPRINTED BELOW?
Subpart A, Charter, Section 2. Wards shall be deleted and the new Section 2. Census Review inserted as follows:
At least as often as each recurring federal census, the Mayor and City Council shall review any ward boundaries and, if necessary to comply with the Constitutional requirement to equalize populations, re-divide the city into equal wards (including increasing or decreasing the total number of wards) or no wards in order to establish equal ward populations if there are wards, and, therefore, equal representation.
The current proposed ward changes are to reduce the number of wards from four to zero such that all elected officials shall run at large within the city.
Subpart A, Section 3, Governing body; composition, shall be deleted and the new Section 3 Governing body; composition, inserted as follows: The government of the fiscal, prudential and municipal affairs of said city shall be vested in a body called the city council to consist of eight (8) members and one mayor elected at large. The mayor and council shall sit and act together and compose one (1) body.
Subpart A, Section 8, Election of ward officers; terms shall be deleted and the new Section 8 Election of ward officers inserted as follows: At each biennial election a moderator, assistant moderator and ward clerk and assistant ward clerk who shall each hold office for two(2) years shall be elected at large. Twelve (12) supervisors of the checklists shall be elected at large for a two (2) year term.
Subpart A, Section 11, Election of councilors, shall be deleted and the new Section 11 Election of Councilors, inserted as follows: At the 2013 biennial municipal election four (4) councilors shall be elected at large for a two (2) year term and four (4) councilors shall be elected at large for a four (4) year term. Thereafter, at each biennial municipal election, four (4) councilors shall be elected at large for a four (4) year term of office. Election of councilors shall be a non-partisan ballot. Vacancies occurring in the office of councilor from any cause shall be filled until the next municipal election of some qualified person by the recorded votes of at least a majority of all members of the council at the next regular meeting or at a special meeting called for the express purpose of filling the vacancy within
thirty days following the creation of the vacancy. (Amended by CH.340.Laws of 1947; referendum votes, March 12, 1974 and November 26, 1984, effective July 1, 1985.)
Notwithstanding the provisions of this amendment, all City Councilors and moderators, ward clerks and supervisors of the checklists duly elected and serving still in office on the effective date of this amendment shall continue to hold said offices and serve out the balance of their terms to which they were elected, so long as they shall reside in the City, regardless of where they may reside in relation to the new or old ward boundaries or ward numbers. Those additional officers shall serve out the balance of their terms with the more senior moderator, ward clerk or supervisor of the checklist as the case may be for each office acting as the senior officer in each post, and the more junior officer, as measured by number of elected terms in office shall serve as the assistant officer in that post, to serve as the officer in the absence
of the senior officer. Nothing in this amendment shall change the district representatives to the General Court of the United States Congress, nor shall it change the district representatives for Coos County.
This amendment shall be effective upon adoption by the voters.
Here ends the proposed amendment.
That the City Council of the City of Berlin does hereby order said amendment to appear as a Charter Amendment on the Presidential Primary Election Ballot.
This Resolution shall be in full force and effect from and after passage
Mayor ProTem McCue voiced that the resolution needs a 2/3 majority to pass. Councilor Remillard moved to remove Resolution 2011-34-R3 from the table; Councilor Nelson seconded and the motion carried. Councilor Remillard moved to amend the resolution as proposed in 2011-34-R3; Councilor Nelson seconded and the motion carried. Councilor Remillard moved to have the second reading of Resolution 2011-34-R3 as amended by short title; Councilor Nelson seconded and motion carried. Councilor Remillard moved to read Resolution 2011-34-R3 for a third final time by short title as amended; Councilor Nelson seconded and the motion carried. Councilor Remillard moved to pass resolution 2011-34-R3 as amended; Councilor Nelson seconded and the motion carried by unanimous roll call vote.
Councilor Remillard moved to schedule a public hearing regarding Resolution 2011-34-R3 on October 24; Councilor Otis seconded and the motion carried. Councilor McCue made it a point to say that copies of the resolution will be available on the web site and at the City Clerks’ Office for any members of the public that want to review it.
Councilor Nelson moved to accept the proposed time table as presented by the City Attorney’s office; Councilor Otis seconded and the motion carried.
Councilor Remillard moved to call a Special Meeting if needed on October 24th; Councilor Otis seconded and the motion carried.
Councilor Evans moved to adjourn; Councilor Remillard seconded and the motion carried. The meeting ended at 8:30 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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