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City Council Minutes 11/7/2011 revised
Work Session
November 7, 2011

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

Others Present:  Chris Dwinal, Michael Perreault, Denise Morgan Allain, Corinne Cascadden, Brian Valerino, Patrick MacQueen, Pamela Laflamme, students, media and public

Mayor Grenier welcomed those present and opened the meeting at 6:30 p.m.

Wright Pierce Amendment to Waste Water Treatment Final Design
Chris Dwinal, Engineer for Wright Pierce, reported that he spent the day reviewing the 90% design plan with City staff.  The waste water treatment plant upgrades will put the City in a position to take flow from the Federal Bureau of Prisons and the AVRRDD leachate.  

As an overview of work that has been done, Mr. Dwinal indicated that the Brown Farm pump station is up and operational taking flow from the State prison.  The City is out to bid to reduce I & I groundwater into the collection system.   A contract amendment for additional work in upgrading the waste water treatment plant is being requested by Wright Pierce to accommodate changes conceived from value engineering and the recommendations of staff.  DES and Rural Development have reviewed and agreed to the proposed amendment.  

Mayor Grenier asked if it has been concluded that the completed I & I work from the Riverside Drive project resulted in significant reductions to the system.  Mr. Dwinal reported that the project has reduced water going into the system and the next contract will rehab drainage on Kent St and McGee St.  Mayor Grenier asked if this is the lower end of Kent St. where underground brooks are getting into the collection system and Mr. Dwinal clarified that there is no storm system on Kent St. and the project will create a storm water system to collect storm water and channel it into the river.  He added that the Water Works distributes approximately 1 million gallons per day and in the spring the waste water treatment plant can get up to 12 million gallons.  Getting some of the I & I out of the system will create capacity to allow flow from the prison.  Mayor Grenier confirmed that DES and Rural Development have approved these projects.

Councilor Rozek commented that there is a brook that runs under the road at McGee Street and into river.  When there was high water during tropical storm Irene, Councilor Rozek said that he pulled a manhole cover and saw that there was one inch of clear water there  3 manhole  covers and there was one inch of clear water in the bottom invert of the six inch pipe.  He questioned whether there are areas that are more critical than McGee St noting that on Kent St. manhole covers dance in the street.    Mr. Dwinal reported that a study was done to identify selected areas where a fair amount of water could be removed from the system without spending too much money and McGee St was found to be one of those areas.  
  
Mr. Perreault stated that the project will be adding 200 feet of reliable pipe in the McGee St area.  When smoke tests were done, smoke was released at every 2 foot joint of the pipe in that area.  Councilor Rozek commented that he wants to see the City maximize the amount of work performed with the funds.  Mr. Dwinal acknowledged that if bids are favorable, there may be enough money to do more, perhaps roof drains in the downtown.  He agreed that all are working to maximize the dollars and in view of the study done, the combination of McGee St and Kent St is a good way to spend the city’s money.

Councilor Rozek questioned the security cameras planned for the waste water treatment plant saying that he is aware of liabilities at the plant but could not see that security is a big concern.  Mr. Dwinal explained that the cameras are more for monitoring the process so that the operator can see if there are problems.  

Councilor McCue stated that the contract amendment will increase fees and the overall project cost; where does that leave the budget for this project?  Mr. MacQueen stated that overall it is a $24.5 million project with $17 million for the final design; $6 million for the East Milan Road project which is complete; and I & I at $1.5 million.  The project is being paid for through sewer user funds and is still on budget.

Councilor Nelson moved to approve Engineering Contract Amendment No. 1 or the Phase 2 Waste Water Treatment Facility upgrade; Councilor Otis seconded and the motion carried.  Mr. Perreault and Mr. Dwinal left the meeting at this time.

Safe Commute Grant
Brian Valerino explained that this grant is a pilot program from Highway Safety Grants which are the same that fund grants for speed control, red light running and others.  The grant will pay for law enforcement of distracted driving during specific driving times on the way to work and coming home, from 6-9 a.m. and from 4 to 7 p.m.  This will put another officer on the street at no cost to the city. With no questions from the Council, Asst. Chief Valerino left the meeting at this time.

Resolution Authorizing an EPA Clean Up Grant
Mr. MacQueen explained that funding from this grant would clean up riverfront property the city owns behind the new district courthouse.  The $40,000 match would come from money budgeted.  Councilor Théberge questioned the ownership of the property and Ms Laflamme confirmed that the city owns the 5 acre piece that cannot be used until it is cleaned.  The resolution will have its first reading tonight.

Resolution Authorizing an EPA Assessment Grant
Mr. MacQueen reported that the City has applied successfully in the past for these funds to do Phase 1 and Phase 2 environmental assessments.  Suggested buildings to assess would be the former Bass Shoe, Cote Block; Dummer Yard; and the Courthouse.  Councilor Remillard confirmed that we do not have to indicate what properties will receive the work in the application. The resolution will have its first reading tonight.

Authorization to Re-Acquire Property Sold to Clean Power Development
Mr. MacQueen established that the City sold 11.5 acres of land that surrounds the waste water treatment plant to Clean Power for them to build a biomass facility.  The City kept a right to re-purchase the property if Clean Power did not build within two years.  We have given notice of our intent to repurchase and it is recommended that the Council approve a motion to re-acquire the property using sewer user funds.  Mayor Grenier asked if the sewer fund was counting on this money to keep its budget in balance.  Mr. MacQueen confirmed that the money went to the sewer fund’s unappropriated fund balance.   

Councilor Théberge was confused about the ownership of the parcel saying that he was under the impression that Clean Power was bought out by Gestamp.  Mr. MacQueen affirmed that the City will buy the property back from Clean Cower/Gestamp.  Mayor Grenier asked if anything has been done to the land and it was brought up that trees may have been cut.  

Councilor Rozek moved to authorize the City Manager to re-acquire the 11.5 acres of property adjacent to the City’s waste water treatment facility sold to Clean Power Development; Councilor Remillard seconded and the motion carried.


Capital Improvement Plan
Mr. MacQueen informed the Council that the CIP is an annual effort to put together a plan of how the city will fund capital projects for the next six years.  Requests first go out to departments for their intended projects and capital items. The plan is used by the Council to set pre-budget goals.  

Every year the Council cuts most of the capital budget to keep the operational side going.  The city typically spends less than ½ million on capital each year; however it is important to plan in hope that the City’s financial situation will improve over time.  Mr. MacQueen said that he tries to stay in the $2 million range of city funding for each year of the plan.

Mr. MacQueen explained that each project has a sheet that shows what the project is and how it is expected to be funded.  The General Fund is taxpayer funded; the sewer fund is supported by sewer fees.
 
Mr. MacQueen went through the projects for the first year including Sidewalk Replacement; Retaining Wall Repair and Replacement; Street Rehab; Bridge Inspection & Repair.  The Hutchins Street Rehab Project is an alternate route for Hutchins St through the NADC property.    Route 110 is funded in the CIP over several years with $10,679,501 as the latest estimated cost.  GF 17 is the detail sheet for Route 110.  Councilor Rozek asked what the process is if he does not agree with a project.   

Mr. MacQueen explained that State Law requires the Planning Board to adopt the City’s Capital Improvement Plan which they did at their meeting of November 1, 2011.  From there, he feels it is important for the Council to review and approve as Council makes all the financial decisions.  Endorsing the capital plan does not mean the Council cannot change their mind.  The plan is to give a rough idea of what is needed for the future.

Councilor Ducharme pointed out an error in the 2015 year. Councilor McCue asked about the assessing contract with Avitar noting that the utility contract is not included.  Mr. MacQueen explained that reval comes up every 5 years and it is easy to lose track; and it made sense to track it in the CIP.  Councilor McCue questioned the acquisition of police cruisers saying that the plan has two per year and the Council has been on a rotation of 2, 2, and 1.  Mr. MacQueen stated that the PD would like 2 cruisers per year.  Mayor Grenier said that the CIP recognizes the need; however it will not look like this during budget.  He thanked the City Manager for brining it forward.

City Seal Discussion
Mayor Grenier noted that Councilor Evans asked for this discussion.  Councilor Evans proceeded to explain how three years ago he thought changing the city seal was changing the letterhead.  He felt the implications of changing the seal were never made completely clear and he may have spoken differently about the subject had it been clear.  The seal was changed without engaging the public and it should have involved a bigger discussion.  We are seeing a better future with a smokestack in the city and it will bring revenue and jobs.  Councilor Evans suggested that it may be the right time to reconsider re-adopting the previous seal.  

Councilor Nelson asked if the Police and Fire Departments have changed their patches to accommodate the change in the seal and Mayor Grenier noted that the Police did but Fire did not.  

Councilor McCue stated that there was quite a bit of discussion and the City Clerk gave the Council numbers about cost.  Councilor Poulin had started the discussion.    

Mayor Grenier said the city has spent $2,063 to date with the purchase of envelopes and a new stamp for $304.95.  He added that the City Clerk’s professional view is that she would like the seal to be part of a grander discussion with a charter revision or charter change where only the public could change the city seal.  The seal should not be a political football but should be about community identity.  Mayor Grenier felt that if the question of changing the seal had been put to the public, it would not have been changed.

Councilor McCue commented that the City Clerk will put in a 20 hour day tomorrow and that explains her absence tonight.  He asked for the Council to get copies of the minutes of the prior discussions on the seal.  Mayor Grenier noted that Councilor Evans was on the prevailing side and he can bring the discussion forward.   Councilor Remillard said that the Council did have the discussion but fell short of the cost.  She remembered that Councilor Poulin had offered to buy the remaining stock of envelopes and stationery.  She said it is time to put it right.  

Councilor Rozek voiced that Berlin is the “city that trees built” and the stack is here and will represent a $274 million project.  He expressed his desire to go back to the original city seal and then the issue can go to a Charter Commission.  Mayor Grenier asked if anyone was opposed to having the first reading of a resolution to change the seal back to what it was.  Councilor McCue agreed with the City Clerk that the body needs to step aside; and he liked the idea of leaving the issue to the voters.  Councilor Nelson agreed to bring it back to what it was and then if someone wants to make a change; it would go to the voters.  The current seal represents nothing of what we represent, she said.   Councilor Ducharme stated that it will be more cost effective to go back to the old; then it goes out of the hands of the Council.  

Mayor Grenier asked that a resolution be prepared for first reading to return to the old seal.  Councilor McCue asked that the minutes from previous discussions about the seal be presented as well.  Ms. Laflamme made the point that the new seal was graphically designed and that allowed the City to use it to create its own stationery and it looks great on our web site.  She said that the old seal was pixilated and it would save money to have the seal graphically designed for our use.

Tax Rate
Mr. MacQueen reported that the City should be getting its tax rate in the next few weeks.  When the Council passed the budget, the anticipated tax rate was $31.45, .25 lower than the current rate of $31.70 per thousand.  The City received an assessment that is down $10 million, $3.3 million
reduction in utilities and the remaining reduction is from residential properties.  The value reduction and the increase in the County tax would bring the rate to $32.66; however the negotiated PILT payment with Berlin Station will bring the rate to $32.08.  Taking $150,000 from the money planned for EFSEC would bring the rate to $31.74 but it does not get to $31.45 unless cuts are made or new revenue is anticipated of $130,000.  
Councilor Rozek said that the public is expecting a .25 reduction in the tax rate and we should do our utmost to keep that commitment.  Mr. MacQueen pointed out that the DRA sets the tax rate and we can shoot for $31.70 and if the Council wants to go lower, they would have to decide on cuts.  He added that a greater amount than ever is being taken from the undesignated fund balance.   

There being no further Work Session business on the agenda, Mayor Grenier concluded the Work Session at this time.

PUBLIC HEARING:   

Mayor Grenier opened the duly advertised public hearing at approximately 7:40 p.m. to receive public input regarding the following subject matter:  
Resolution 2011-35 Appropriating $4,230 Safe Commute Grant Funds to PD – with no comments, the hearing closed at 7:41 p.m.

REGULAR CITY COUNCIL MEETING – MONDAY, NOVEMBER 7, 2011
Mayor Grenier called the regular City Council Meeting to order at approximately 7:42 in the Council Chambers of City Hall.  The pledge of allegiance to the flag preceded roll call.  Present:  Councilors Remillard, Otis, McCue, Ducharme, Evans, Rozek, Nelson and Théberge.  Also present:  Pat MacQueen, Pamela Laflamme, press and public.

Minutes, Previous Meeting
Councilor Remillard moved with a second by Councilor Otis to accept the minutes of the October 17 Work Session/Regular Meeting and October 24 Public Hearing and Special Meeting.  So moved, the motion carried.

Disbursements:  It was recommended by the Committee on Accounts/Claims to pay all bills start date 10/20/2011; end date 11/9/2011 for a total cash disbursement of $2,000,472.08 Draft #1652  Councilor Nelson moved with a second by Councilor Théberge 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 comments

UNFINISHED BUSINESS

1.      Council Committee Reports.   There were no reports.

2.      Resolution 2011-35 Appropriating $4,230 Safe Commute Grant Funds to PD (tabled 10/17)
Resolved by the City Council of the City of Berlin as follows:
Whereas the Berlin City Council passed a resolution on April 4, 2011, authorizing the Berlin Police Commission to apply for and accept grant funds from the New Hampshire Highway Safety Agency for any and all Highway Safety Project Grants for Fiscal Year 2012; and
Whereas funding has become available for additional “Operation Safe Commute” patrols which are intended to reduce the number of crashes caused by distracted driving and to increase public awareness that distracted driving will not be tolerated.
Now Therefore Be It Resolved by the City Council of the City of Berlin, NH, that the sum of Four Thousand, Two Hundred Thirty Dollars ($4,230.00) is hereby appropriated to the Berlin Police Department Fiscal Year 2012 budget for the purpose of effectuating said Operation Safe Commute Grant; and further
That the above sum is in addition to all other previously appropriated funds for the Berlin Police Department Fiscal Year 2012 Budget and further 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 Otis to remove the resolution from the table at this time.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Otis to have the resolution read a second time by title only.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Otis to have the resolution read a third time by title only.  So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Otis to pass the resolution.  So moved, the motion carried and Mayor Grenier declared the resolution now passed.

NEW BUSINESS

3.      Ordinance 2011-10 Adding Fire Lanes Francis Street (1st read)
Councilor McCue moved with a second by Councilor Remillard to table the ordinance and schedule a public hearing on November 21, 2011.  So moved, the motion carried.

4.      Resolution 2011-36 Authorize an Application for $5,000 to the Tillotson Fund for Flowers (1st read)
Councilor McCue moved with a second by Councilor Nelson to table the resolution and schedule a public hearing on November 21, 2011.  So moved, the motion carried.

5.      Resolution 2011-37 Authorizing a $200,000 EPA Clean Up Grant (1st read)
Councilor Nelson moved with a second by Councilor McCue to table the resolution and schedule a public hearing on November 21, 2011.  So moved, the motion carried.

6.      Resolution 2011-38 Authorizing a $200,000 Assessment Grant (1st read)
 Councilor Remillard moved with a second by Councilor Otis to table the resolution and schedule a public hearing on November 21, 2011.  So moved, the motion carried.

7.      Resolution 2011-39 Carrying  Over $79,051.78 of Grants from FY11 to FY12 (1st read)
Councilor Remillard moved with a second by Councilor Otis to table the resolution and schedule a public hearing on November 21, 2011.  So moved, the motion carried.

8.      City Manager’s Report
Burgess Bio-power Progress
There have been a number of meetings over the past few weeks with Berlin Station engineers on dealing with treated groundwater for excavations as well as storm water from the site. We are expecting that they will be making some final decisions this week about how they want to approach dealing with their storm water. Fire and inspections are also working with them on the construction of an assembly building for construction workers inside the large brick warehouse building which was not demolished.  
BWW Bond Signing
On Tues. October 25, 2011, the $1,025,000 USDA RD bonds were closed with the City's signing of them. This allows Berlin Water Works to proceed with water line improvement projects within the City.  Once they work through this $1M RD loan, they will then be eligible for an USDA RD grant of close to $3M.
NHHFA Meeting here on Notre Dame and Visit of CDFA
Last week representatives of the NH Housing Finance Authority were here to go over TCC's application for Low Income Housing Tax Credits, a capital subsidy (HOME) loan and a Greener Homes renewable energy grant from them for the proposed Notre Dame Assisted Living Project. TCC was competing with two other senior housing projects from southern NH. It turns out that our application to NHHFA missed out to one of those two other communities in the scoring by 3 points. TCC has already been awarded both CDFA CDIP tax credits and a CDBG block grant of $500k. Much of the meeting was discussing how that could be changed and NHHFA offered that they would embark on a market study which would provide better information on the marketability of the proposed project which then might allow the project to be funded next year.
Bidding of next McGee Street and Kent Street I&I project
The bidding for this next I&I project has been advertised with a bid opening scheduled for November 29, 2011. The work will involve 1,380 linear feet of sanitary sewer replacement on Kent Street, 460 linear feet of sewer replacement on McGee Street, 210 linear feet of Riverside Drive and 370 linear feet of a cross country line off of Riverside Drive, the rehabbing of 16 manholes along the WMCC interceptor and individual house separation of improper sewer connections. It will be a nine to ten month project starting this winter.
IRENE
FEMA officials have now visited Berlin to look at areas where damage occurred. Unfortunately, the Coos County was declared as a disaster area making it eligible for federal assistance but this is for public agencies only and not individual property owners. PWD and BWW are working with FEMA officials to get costs to them in the hope that we will be reimbursed some or all of these costs of the storm.
CDFA Tour
Today the Board of the Community Development Finance Authority visited Berlin for a presentation from City Planner Pam Laflamme and other on the Better Buildings initiative in Berlin. They also are touring the NSP 1 and NSP 3 neighborhoods jointly with Andre Caron and Linda White as well as representatives from New England Family Housing. They will see completed projects from NSP1 that they haven't seen before and will visit the next NSP 3 locations where improvements will occur and will tour the property at 28 Spring Street.
GACIT Hearings
Two more NHDOT Governor's Advisory Commission on Transportation Hearings will be held on the DOT Ten Year Transportation Improvement Plan (2013—2022). These will be in Concord at the John O. Morton Building on 11-15-11 at 2pm and on 11-30-11 at the State House at 2pm should anyone want to attend either of these.
PWD Garage Project
Attached are pictures of one of five large projects the Garage did over the summer. This is the rehabilitation of a heavy duty salter/sander on one of our large army surplus trucks. The thing is designed for easy maintenance with fold up fenders for easy tire changing and lights up out of the way. The frame was sandblasted and painted. This is a critical piece to our winter snow-fighting fleet. Many kudos to the garage crew for a job well done.
Kestrel Article
For your information, I have attached an article from the "Mid-Coast Forecaster" talking about Kestrel's possible plans in Brunswick and Berlin.
PWD Monthly Report
Attached.
Manager's Time-keeping
Attached.

Councilor Ducharme commented that she was at the NHHA meeting and has been involved in the Notre Dame Senior Housing Project and there may be a way to restructure the project to use the funds that have been granted.  Mayor Grenier asked if there is a time frame and Councilor Ducharme stated that the restructuring will be done as soon as possible in this year.  

Councilor Rozek mentioned the McGee Street project stating that three years ago the city replaced sewer line in that area with 6 inch plastic pipe and he did not know if the street will be dug up again.  Mr. MacQueen replied that he would ask the question.  

Councilor Remillard moved to accept the City Manager’s Report and place on file; Councilor Nelson seconded and the motion carried.  

9.      Mayor’s Report
a.      Arbor Day Proclamation

Mayor Grenier informed the Council that he attended a CDFA luncheon at the community college with Executive Director Kathy Bogle Shields and heard a presentation from Sylvia Poulin and Pamela Laflamme.  He commented that they have a passion and energy for the City of Berlin.  He informed the Council that he thanked CDFA for its support over the past years.  

Mayor Grenier stated that it was brought to his attention by Sylvia Poulin that the Parade of Lights did not have funding for fireworks.  He explained that the Council sets aside $9,600 in contingency to help pay for such instances as they come up.  He asked if the Council had any interest in funding $2,000 if a match could be found.  Councilor Remillard confirmed that it would be $4,000 for the entire show and she indicated that she would not object to paying for the whole $4,000.  Councilor McCue commented that some of the bigger fireworks companies don’t come out for less than $20,000.  

Councilor Remillard moved to fund $4,000 from Council Contingency for fireworks after the Parade of Lights Parade; Councilor Nelson seconded and the motion carried with all in favor.  
Councilor Remillard moved to accept the Mayor’s Report and place on file; Councilor Otis seconded and the motion carried.  

10.     PUBLIC COMMENTS
No comments

11.     Council Comments
Councilor Nelson thanked the Council for their support for fireworks.  She also thanked all who attended and supported Riverfire saying that there were 5,000 people in attendance.  She thanked fire and law enforcement for a great hockey game for a great cause.  Mayor Grenier noted that the Arena donated the ice time.

Councilor Rozek made note that Friday, November 11 is Veteran’s Day in observance of folks soldiers that have given us our freedoms.  

12.     Adjournment
There being no further business before the Mayor and Council at this time, Councilor Otis moved with a second by Councilor McCue to adjourn the meeting to a non-meeting per RSA 91-A 2 (b) Strategy or negotiations with respect to collective bargaining.  The motion carried unanimously by roll call.  The meeting ended at 8:15 p.m.

A true record attest,
Susan Tremblay
Administrative Assistant