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City Council Minutes 10/24/2011 Public Hearing_Special Meeting
Public Hearing/Special Meeting
October 24, 2011

Present were Mayor Grenier, Councilors Otis, Remillard, Ducharme, McCue, Evans, Rozek, Nelson, and Théberge

Others present:  Debra Patrick, Pamela Laflamme, Robert Théberge, Denise Allain, Kris Davis, Prudence Treamer, Kim Lambert, Peter Higbee, Paul Croteau, Shirley Croteau, BHS Civics Class students, media and public

PUBLIC HEARING - REDISTRICTING

Mayor Grenier called the duly advertised public hearing to order at 6:30 p.m.  He gave an overview of the necessity for redistricting and the process that brought the Council to proposing a single ward for the entire city.  A review of the population in each ward occurs every ten years in conjunction with the census.  If the wards are not even in population, the City is mandated by the Federal Government and State of New Hampshire Constitutions to create evenly populated wards.  The Council wrestled with the issue for six weeks and found that the changes needed would not be minor but sweeping changes affecting neighborhoods.   Several serious proposals were considered; however to insure the continuity of neighborhoods, they did not work.  The Council did not want to put something before the voters that would not be accepted.

Mayor Grenier noted that Councilor Remillard suggested one ward for a unified city and seeing that we don’t have the ethnic breakdown that the city had in the past, it makes sense.  No decision has been made as to where voting will occur.  The sole purpose of this hearing is to take comments on the proposed Charter amendment question to present to the Secretary of State, Attorney General and Department of Revenue Administration.  Mayor Grenier went on to say that the Council is sensitive to the public’s needs and wants to make sure they hear the input from the public.  The public will also be given the opportunity to vote on redistricting at the Presidential Primary election.  If voters do not accept one ward, then Council will be mandated to draft a new ward redistricting proposal and there will be a need to have a special election at the taxpayers’ expense.

Mayor Grenier said that the public can be assured that the Council looked at all the alternatives and this is the least painful.  All options had major flaws that Council felt the voters would not accept.  City Planner Pamela Laflamme worked, under the direction of the Council, to put together several ward redistricting alternatives for Council’s consideration.

Ms. Laflamme explained that her role was to come up with wards even in population using census blocks, making sure that the wards are contiguous and staying within the acceptable margin of deviation.  The State prison caused there to be too many people in Ward III who had to be distributed to all other wards.  The only place where Wards 3 and 1 are contiguous is at the north end of the City.  To divide the wards equally, the first option presented to the Council moved people at the north end of the City to Ward 1 adding 216 people to Ward 1.  People from a small area along Sully Street; Hutchins and a portion  of Brookside Park equaling 204 people were moved from Ward 3 to 4; then people from Smith St; Poplar St, Adams St, and Highland Park Ave needed to be moved to Ward 2; thus dividing the populations equally.

In the second option, the City Planner could only move people from Ward 3 to Wards 2 and 4.  This created wide disparities and re-created wards two and four that were too big and needed to be moved as well, resulting in people from the Norwegian Village having to cross the river to vote in Ward 4.

The third option was to create two wards with Main Street as the dividing line from Milan to the tip of Veteran’s Memorial Park.  Most of the avenues to Cascade Hill would be Ward I and the remainder of the City would be the new Ward 2.  Council then opted to go to one ward.

Mayor Grenier concluded by saying this was painful and difficult; boundaries were not geographical but the City Planner had to use census blocks and that interfered with the orderly development of redistricting.  Mayor Grenier asked for public comments on the proposed charter amendment question.

Prudence Treamer asked, “Who says we have to do all this” and Mayor Grenier replied that it is the Federal Government to assure equal representation.  It is not only the city that will face redistricting but the State and County will as well.  Based on population, the State will determine how many representatives the city will have in Concord.  This is a State process, not just the city.  

Robert Théberge, 30 Oxford Street, District 4 State Representative thanked the City Council for working diligently for economic development.  The area is economically challenged and he commended the Council for picking up the challenge.  He said that he has served as City Manager and as an elected official and it is difficult to find people to serve on council.  He said the public is not fairly represented and he supports elections at large.  His concern is where the polls will be located and he noted that a number of people don’t like to travel.  He feared that a centralized location would be chaotic, and cause safety and parking concerns.  He had minor questions and was pleased that the City Clerk had answered his questions earlier in the day.  He said the Mayor and Council should think about polling areas in the city.

Mayor Grenier asked if there were any more public comments.  There being none, he asked if Council members had comments.

Councilor Remillard voiced that one unified ward in the city and getting councilors at large will be better for the city.  Once the Federal prison opens, no one is saying that the wards cannot be reinstated.  

Councilor Rozek asked Mayor Grenier to explain why the prisoners were not segregated into one ward.  Mayor Grenier stated that the inmates are counted in the City’s population though they can’t vote.  Having them in our population could give us more population for State Reps in Concord and Federal monies are often allocated by population.

Councilor McCue added that to be in compliance with the law, the wards would have to be equal in population.  

Mayor Grenier noted that in January if the public supports one ward, elected officials will serve their two years until the next municipal election.  If shot down, the Council will have to put together another proposal for a special election.  He added that this is the option that was the least offensive with the situation not being completely in our hands.  He thanked all for coming and participating.

Mayor Grenier closed the public hearing at this time.

SPECIAL MEETING

Mayor Grenier called the Special Meeting to order at 6:50 pm in the  Council Chambers of City Hall.  The pledge of allegiance to the flag preceded roll call.  Present were Mayor Grenier, Councilors Otis, Remillard, Ducharme, McCue, Evans, Rozek, Nelson, and Théberge.  Others present:  Debra Patrick, Pamela Laflamme, Robert Théberge, Denise Allain, Kris Davis, Prudence Treamer, Kim Lambert, Peter Higbee, Paul Croteau, Shirley Croteau, BHS Civics Class students, media and public

Final Draft of the Proposed Charter Question

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:
The ward boundaries are amended to reduce the number of wards from four to one 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.

Councilor Remillard moved to accept the proposed charter amendment question to be placed on the ballot at the Presidential Primary Election; Councilor Otis seconded.   

Councilor McCue asked for clarification on the process since a resolution was passed with a charter question and this is different from what was passed.  Ms. Patrick explained that the resolution is complete and it initiated the process that got the charter question to a public hearing.  Tomorrow the question will need to go to the Secretary of State, Attorney General and DRA.  

The motion carried unanimously by roll call.  

Adjournment
Councilor Rozek moved to adjourn; Councilor Otis seconded and the motion carried.  The Special Meeting ended at 7:00 pm

Respectfully Submitted,
Susan Tremblay
Administrative Assistant