Work Session
January 2. 2012
Present were: Mayor Grenier, Councilors Otis, Remillard, Ducharme, McCue, Evans, Nelson and Théberge; absent Rozek
Others Present: Patrick MacQueen, Andre Caron, Linda White, Denise Morgan Allain, Barbara Tetreault, Berlin Daily Sun
Councilor McCue moved to add Resolution 2012-05 to the agenda; Councilor Otis seconded and the motion carried unanimously. The item was added as 5a.
Resolution 2012-05 Financing WWT Improvements
Mr. MacQueen explained that this resolution will authorize financing the waste water treatment improvements with a $15 million State Revolving Fund loan. Currently there is a Rural Development grant for $13.9 million in loan and $1.3 million in grant. By using the State funds for construction financing, we do not have to pay until construction is complete with interest in that time being 1%. We will pay off the SRF with Rural Development money and be left with a long term 30 year loan.
The proposed resolution will rescind two prior resolutions. There is ARRA funding which gives us $2 million in principle loan forgiveness that we did not have before. The State had asked us to refrain from putting in an application until the end of January. Mayor Grenier asked if this affects the 20% State payment on waste water projects that the State has been deferring. Mr. MacQueen noted that we are still supposed to be reimbursed by the State 20% of $13 million; however we don’t know when to expect payment.
Request to Fill Finance Department Vacancy
Mr. MacQueen reported that Patty Chase has been appointed to the position of Finance Director. She was originally hired as the assistant and is willing to take on the challenge. Her efforts have pulled us through a difficult time. Blandine also came back to get us through tax rate setting and the audit. Patty has shown she can do the job; she’s earned the respect of the employees and is very professional. At this time it is being requested to fill an account clerk position.
Councilor Nelson moved to approve hiring an account clerk; Councilor Remillard seconded and the motion carried unanimously. In response to Council’s questions, the position pays approximately $12.00 per hour and is in the OPEIU bargaining unit.
Housing
Mr. MacQueen reported that this item deals with tax deeded properties to be sold. Language added by the Council to limit speculators from bidding may deter reputable buyers who would achieve results with the properties. The language added was to allow only primary residence owner occupied, to bid and in one case there is a church nearby that wants to bid to make a parking lot. Ms. White went through the existing limitations on bidding including that the City Manager has the right to refuse bids that are not in the best interest of the city; the bidder cannot have building code violations and they must be current with taxes , sewer and water. Mr. Caron asked the Council to rethink their position on primary owner occupied because some of our most successful buyers have been developers who fully understand what they
are taking on when they agree to renovate a property. He felt that the bidding field is being narrowed.
Mayor Grenier recommended that the item be added to next week’s agenda for additional discussion. The intent is not to restrict but to build the City’s housing stock.
Amendment to Resolution 2012-03;
Ms. White thanked Mayor Grenier for bringing the anti displacement plan and housing and community development plan to her attention and confirmed that the anti displacement plan should be re-adopted as part of the resolution. The amendment in 2012-03R1 does that.
Telephone Proposal
In response to questions from the Council at a prior meeting, Mr. Caron reported that a telephone system could be connected to police and fire; however aerial cable would need to be installed and that would be expensive. The only benefit would be three digit dialing to those departments. This new telephone system will be getting the City ready to be in the IP world and includes the City garage and Waste Water Treatment plant.
The primary driver for a new system is that calls are being dropped which is indicative of the system going bad. The existing system is a “Winn System” and there are no local vendors. The new system has 8 vendors within a 2 hour drive. Goulet Communications will sell us the telephone and voice mail system, train employees on how to use and guarantee their product with parts and labor for one year.
Councilor Nelson moved to accept the recommendation to accept a proposal from Goulet Communications for a telephone system for City Hall; Councilor Otis seconded and the motion carried.
Councilor McCue confirmed that we will spend $26,790 and there is $28,000 in the budget. Councilor Remillard affirmed that this is a system the Police Department could tie into. Councilor Théberge noted that there are 4 hours of battery backup included in the proposal.
All voted in favor of the motion
Resolution for County Tax Appropriation
Mr. MacQueen explained that the full amount of the County tax was not known until after the budget was passed; however the DRA did know it when the tax rate was set. He said that he is not sure that it is necessary but the resolution was put on for discussion and consistency. Mayor Grenier noted that the County tax is a separate warrant that comes to the community. Berlin’s contribution went from 12.2% to 14% of the county tax. Councilors thanked Mr. MacQueen for the information.
Councilor Remillard moved to remove Resolution 2012-04 from the agenda; Councilor Théberge seconded and the motion carried unanimously.
Review of Investment Policy
Mr. MacQueen stated that the investment policy should be adopted by the Council every year; however the last time it was adopted was in 2008. This policy sets forth the principles for investing the city’s money. It has been reviewed by the City Treasurer, Gerry Dumoulin who is happy with it. Councilor McCue asked if the City is investing in PDIP and Mr. MacQueen said that we have in the past and may again in the future. He added that internal control policies need to be developed. Mayor Grenier asked if Councilor Ducharme could participate in developing the internal control policies.
Councilor Nelson moved to accept the investment policy; Councilor Otis seconded and the motion carried.
Primex Insurance Agreement Separating City & School
Mr. MacQueen reported that both school and city do better with the rates when rated together in health insurance but worse with workers comp, unemployment insurance, and property liability. A vote from the Council will adopt the resolution to update our membership in a manner that will give the best rates. Mayor Grenier confirmed that there is no down side to signing the agreement.
Councilor Remillard moved to sign the agreement; Councilor Otis seconded and the motion carried.
Other
There was no additional business under “other”
There being no further Work Session business on the agenda, Mayor Grenier concluded the Work Session at this time.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
PUBLIC HEARING – January 2, 2012
Mayor Grenier opened the duly advertised public hearings at approximately 7:30 p.m. to receive public input regarding the following subject matters:
Resolution 2012-01 Authorization to Apply and Accept $45,000 from Dept of Safety for Liaison Officer; the hearing was closed at 7:30 p.m. with no comments from the public
Resolution 2012-02 Authorization to Carry Over $16,561.05 of PD Grants for FY 11 to FY12; the hearing was opened at 7:30 p.m. and closed at 7:30 p.m. with no comments from the public
Resolution 2012-03R1 Authorization to Apply for and Accept $500,000 of CDBG Funding to Continue Neighborhood Revitalization and Add Handicap Access to Holiday Center; the hearing was opened at 7:30 and closed at 7:31 p.m. with no comments from the public.
REGULAR MEETING
Mayor Grenier called the regular City Council Meeting to order at approximately 7:32 in the Council Chambers of City Hall. The pledge of allegiance to the flag preceded roll call. Present: Councilors Remillard, Otis, McCue, Ducharme, Evans, Nelson and Théberge; Councilor Rozek was absent. Also present: Patrick MacQueen, Andre Caron, Linda White, Denise Morgan-Allain, and press.
Minutes, Previous Meeting
Councilor Remillard moved with a second by Councilor Otis to accept the minutes of the December 19, 2011 Work Session/Regular Meeting. So moved, the motion carried.
Disbursements: It was recommended by the Committee on Accounts/Claims to pay all bills dated 12/22/2011 to 1/4/2012 for a total cash disbursement of $1,429,936.19 Draft #1656. 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
There were no comments.
UNFINISHED BUSINESS
- Council Committee Reports - there were no reports.
- Resolution 2012-01 Authorization to Apply and Accept $45,000 from Dept of Safety for Liaison Officer (tabled 12/19/11)
Resolved by the City Council of the City of Berlin as Follows:
Whereas the National Strategy for Information Sharing emphasizes the importance of fusion centers in facilitating the exchange of threat-related information between federal, state, and local governments; and
Whereas many states and major urban areas have established information fusion centers to coordinate the gathering, analysis, and dissemination of law enforcement, homeland security, public safety, and terrorism information; and
Whereas, in 2008, Congress passed the Implementing the Recommendations of 9/11 Commission Act, which amended the Homeland Security Act of 2002 by adding Section 210A (State, Local, and Regional Fusion Center Initiative) which requires the Secretary of Homeland Security to share threat-related information with states through fusion centers; and
Whereas an Intelligence Liaison Officer (ILO) program is a vital component of an information and intelligence sharing network, as ILOs serve as the primary conduits for gathering relevant, unevaluated information concerning homeland security threats as well as other specified precursor crimes; and
Whereas grant funds are available to establish an effective ILO program to support the information sharing activities of the New Hampshire Information and Analysis Center (NHIAC) in order to gather and disseminate threat-related information while ensuring privacy and civil rights and civil liberties are respected and protected; and
Whereas the NH Department of Safety will provide $45,000.00 in said grant funds for the purpose of implementing an ILO to improve and maintain the effective exchange of threat-related information between local agencies and the NHIAC in a manner that respects and protects privacy and civil rights and civil liberties,
Now therefore be it resolved that the Berlin Police Commission is authorized to apply for and accept NH Department of Safety ILO Program funds. Further, that $45,000.00 upon award, shall be appropriated to the Berlin Police Department for the purpose of effectuating said grant.
This Resolution shall be in full force and effect from and after passage
Councilor Nelson moved with a second by Councilor Théberge to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Théberge to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Théberge to have the resolution read a third time by title only. So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Théberge to pass the resolution. So moved, the motion carried and Mayor Grenier declared the ordinance now passed.
- Resolution 2012-02 Authorization to Carry Over $16,561.05 of PD Grants for FY 11 to FY12 (tabled 12/19/11)
Resolved by the City Council of the City of Berlin as Follows:
That the following grant funds for the year ended June 30, 2011, be carried over to FY12 as described below:
|
|
|
2011 |
Grant Funds |
Totals |
Rev Acct # |
Description |
Grant Amount |
Expense |
Re-Appropriated |
By Fund |
|
|
|
|
|
|
|
FUND 30 |
|
|
|
|
|
Police Department |
|
|
|
|
30-364-602-0015 |
Operation Safe Commute |
1,687.50 |
546.59 |
1,140.91 |
|
30-364-602-0024 |
OJP JAG Equipment Grant |
6,063.13 |
- |
6,063.13 |
|
30-364-602-0034 |
Bulletproof Vest Grant |
8,775.00 |
- |
8,775.00 |
|
30-364-602-0042 |
OJP Byrne JAG Grant |
4,236.01 |
3,654.00 |
582.01 |
16,561.05 |
~ |
Total Grant Funds Deferred to FY2012 |
~ |
~ |
~ |
16,561.05 |
|
|
|
|
|
|
This Resolution shall be in full force and effect from and after passage.
Councilor Nelson moved with a second by Councilor Théberge to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Théberge to have the resolution read a second time by title only. So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Théberge to have the resolution read a third time by title only. So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Théberge to pass the resolution. So moved, the motion carried and Mayor Grenier declared the ordinance now passed.
- Resolution 2012-03R1 Authorization to Apply for and Accept $500,000 of CDBG Funding to Continue Neighborhood Revitalization and Add Handicap Access to Holiday Center (tabled 12/19/11)
Resolved by the City Council of the City of Berlin as Follows:
Whereas, through previous funding 63 homeowners have/are receiving assistance to meet Housing Quality Standards and needed home repairs; and
Whereas, the City may use these funds to assist additional homeowners that have been on a waiting list for needed home repairs; and
Whereas, the City may use these funds to assist a public facility to meet handicap accessibility and safe access to the facility; and
Whereas, the City of Berlin has now established a good track record of using these funds to help homeowners improve and retain their properties through upgrades that improve energy efficiency and the overall maintenance of their properties; and
Now Therefore Be it Resolved by the City Council of the City of Berlin as Follows:
That the City Manager is authorized to sign and submit an application to the Community Development Finance Authority for a Community Development Block Grant in the sum of Five Hundred Thousand Dollars ($500,000.00). Further, that the City Manager is authorized to accept said grant, if awarded, and do all things necessary to effectuate it, and the grant
proceeds, if awarded, are hereby appropriated for the purpose of the grant.
Be it further resolved that the Mayor and Council review, reaffirm, and readopt the Residential Anti-displacement and Relocation Plan. We do not anticipate any displacement as a result of this project but should the need arise; the City will comply with the Residential Anti-Displacement and Relocation Assistance Plan.
The planned rehabilitations will be accomplished without the need to relocate residents.
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 to amend the resolution to the language in 2012-03R1; Councilor Otis seconded and the motion carried.
Councilor Remillard moved with a second by Councilor Otis to have the resolution read a second time by title only, as amended. 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, as amended. So moved, the motion carried.
Councilor Remillard moved with a second by Councilor Otis to pass the resolution, as amended. So moved, the motion carried and Mayor Grenier declared the resolution, as amended now passed.
NEW BUSINESS
- Resolution 2012-05 authorizing the application filing, accepting, borrowing, raising and appropriation and expenditure of an estimated Fifteen Million One Hundred Eighty Nine Thousand Dollars ($15,189,000) in State Revolving Loan (SRF) Funds for Waste Water Treatment Facility Phase II (1st read)
Councilor Remillard moved with a second from Councilor Otis to table the resolution and schedule a public hearing for January 16, 2012. So moved, the motion carried.
Finance Director
I am happy to report that Patty Chase who is currently the Interim Finance Director has been selected after a difficult process to fill the position of Finance Director. Patty did not initially apply for the position but after we ran into difficulty filling the position, she has agreed to take it on. She was hired as the Assistant Comptroller less than a year ago.
Patty and the people in the Finance Department with the help of former Finance Director Blandine Shallow have seen the Department through a very difficult time since the resignation of Betty Domino. They have managed the day to day operations, caught the Department up in a number of important areas, obtained a tax rate and provided the information needed by the auditors. That is really the tip of the iceberg of what they have had to deal with. Patty, although she is still learning the ropes, has proven that she is up to the task of managing and improving the Finance Department. Needless to say, we will need to provide her and the Department with a good deal of support.
Rite Aid
Fire Chief Trull has been told by Couture Construction that the official start of the Rite Aid Demolition will start this Wednesday January 4th. They have equipment on site and have torn down a chimney thus far.
Irene Reimbursement
We were happy to receive a check from the State of New Hampshire (FEMA) reimbursing us for $16,110.49 for our costs during the Irene storm this past fall.
Legislative Issues – Retained Bills from 2011 Session
Pole Tax Exemption – SB 133
The 2012 legislative session will begin this week. Municipalities need to be on the look out for any attempt by telecommunications lobbyists to get the legislature to take SB 133 which would continue the pole tax exemption off the table from the 2011 session which is where is currently sits. Efforts last year to get rid of this were successful to the extent that taxpayers are now saving $3M in taxes which the telecommunications did not pay but now are paying statewide. However, the deal was too sweet for those companies not to try to continuing the exemption if they can find a way to do it.
HB 514 Limiting Entry onto Private Land
Because of a landowner in Grafton County had part of his land declared a prime wetland without any notice that the town was reviewing his land, this bill was created to try to ensure that that would not happen again. Unfortunately, in doing so it would create myriad other problems for municipalities, particularly with respect to municipal functions such as assessing. (Attached is a letter from our contract assessor Avitar delineating the difficulties that this bill would cause for assessors.) While the problem that led to this bill likely needs to be addressed, HB 514 should be opposed because it creates more problems that it solves. SB 19 deals with the problem cited above without creating all the other problems that HB514 creates.
HB 293 to Limit Pollution Control Exemption
This is a retained NHMA policy bill which would have phased out the pollution control exemption which is a simple tax giveaway to certain industries not enjoyed by other tax payers. The Municipal and County Government Committee by a small majority recommended that this bill be "Inexpedient to Legislate", which would kill it. The committee minority recommends that the bill be passed but with an amendment which would leave the exemption but limit it to pollution devices which have as their sole purpose the control of pollution. While elimination of this exemption would be appropriate and fairest route to take, at least having some restriction on the current total exemption would be better than having nothing at all.
Manager's Timekeeping
Attached.
Mayor Grenier commented that Laconia sent a letter with regard to SB133 and suggested that Berlin send a letter to the Coos County delegation as well as the full Senate saying that the Council supports the law as it stands today.
Councilor McCue moved to send such a letter; Councilor Théberge seconded and the motion carried.
Councilor Otis moved to accept the City Manager’s Report; Councilor McCue seconded and the motion carried.
Mayor Grenier read two communications he received. The first was from Anthony Harp who agreed with the Council’s efforts to recycle more and offered his assistance.
The second letter was from David Grant thanking the Council for his appointment to the Berlin Housing Authority.
Councilor McCue moved to accept the Mayors’ Report; Councilor Otis seconded and the motion carried.
There were no public comments.
Councilor Théberge commented that he visited the public works garage and he said it would be a good idea for the Council to pay a visit to see what needs to be done. Councilor McCue noted that if the entire Council goes to the garage, it constitutes a meeting. Mayor Grenier stated that the public works garage/salt shed can be an item for next week’s agenda.
Councilor Théberge questioned the process for the Inaugural meeting and Mayor Grenier explained that Old Business will be disposed of by the existing Council and any New Business is the responsibility of the new council.
Councilor McCue commented that discussion prior to passing Resolution 2012-01 was clear that if grant money for a PD liaison officer does not continue, the position will go away.
He encouraged all to attend the Board of Education meeting Thursday, January 5 where the school department will be presenting their budget. Councilor McCue thanked everyone for his four years in office saying that he learned a lot about the city and how it runs. He served under two mayors and with 16 different members of Council. He complimented and thanked staff and wished good luck to the incoming administration. He cautioned the Council that as they deal with short term needs, they need to consider long term consequences.
Councilor Evans commented that it has been an honor working with all and an honor serving the city in this capacity. He wished the Council good luck in the coming administration.
- 10 There being no further business before the Mayor and Council at this time, Councilor Nelson moved with a second by Councilor McCue to adjourn the meeting. So moved, Mayor Grenier declared the meeting adjourned at 8:00 p.m.
A true record attest,
Susan Tremblay
Administrative Assistant
| 
