Work Session
March 19, 2012
Present: Mayor Grenier, Councilors Théberge, Ducharme, Otis, Morgan-Allain, Remillard, and Rozek; absent were Councilors Higbee and Nelson
Others present included: Patty Chase, Michael Perreault, Corinne Cascadden, Rene Boutin, Mr. & Mrs. David Osgood, Mr. & Mrs. Benski, Brian King, media and public.
School Budget Response to Council Request for Additional Information
Ms. Cascadden addressed the Council regarding the additional information that was requested from the Schools at the last meeting. She commented on organizational charts that show how resources have been shifted to accommodate cuts in departments. She distributed a list of course offerings that would have to be omitted if teachers from the high school are used to fill vacancies at the Jr. High.
She went over a summary of federal projects and noted that Federal and state grants cannot be used to supplant current programs. The individual accounting for the grants is not easy to produce. Councilor Ducharme confirmed that the grant funded positions are on the chart provided.
Councilor Remillard made the point that she had not intended for every position at the Jr. High be filled with high school teachers; but she had asked if we would be able to pull one teacher during their down time. Ms. Cascadden stated that there are union contracts to abide by.
Councilor Rozek noted that there are 1200 students and approximately 120 teachers and if that is divided out, it seems there should not be more than 12 students per class. Ms. Cascadden clarified that it does not work that way because there are specialty classes.
Solid Waste Contract Discussion
The bid proposal will be written for ten years and recycling will be included. Councilor Remillard asked about paying the AVRRDD directly and whether that would open the door to abuse.
Mayor Grenier said that there is a threshold question of whether a savings of 2 or 3% would be enough to make the change. Mr. MacQueen indicated that the rule of thumb is that it would have to save 10 to 15%. In emergency weather events, there would not be that labor available to plow snow. There may be a need to hire part time people and contractors during the winter to plow snow.
Councilor Ducharme noted the cost of snow removal needs to be factored in to obtain a true cost. Mayor Grenier established that it is in the best interest of the taxpayers for the Council to find out what privatizing refuse and recyclables collection would cost.
Council members unanimously approved that Brian King be given the opportunity to voice his concerns. He said that there is confusion among citizens and that the City should make it clear that recycling is mandatory in the city, and recycling is not by voluntary compliance.
Mayor Grenier concluded that an RFP will be developed to see what it looks like. Recycling is expected from all citizens and a renewed concerted effort will be rolled out for July 1.
Other
Wright Pierce Contract . Mr. MacQueen informed the Council that Rural Development would not pay for the long term control plan and a new contract with Wright Pierce without the RD language is set to go forward. The scope of work and price remain the same.
Sand Pick Up. Councilor Remillard asked why the street sweeper is out during the day saying that if sand were picked up on a midnight shift, there would be no cars on the streets.
There being no further business in the work session, at 7:20 p.m., Councilor Remillard moved to go into non-meeting per RSA 91-A:2, I (b) Collective Bargaining; Councilor Otis seconded and the motion carried unanimously by roll call.
PUBLIC HEARINGS
Mayor Grenier opened the duly advertised public hearings at approximately 7:35 p.m. to receive public input regarding the following subject matters:
Ordinance 2012-01 Amending the ATV Ordinance to Allow Year Round Trail Access
David Osgood, 532 Rockingham Street, Trail administrator commented that the term ATVs in the ordinance may not be inclusive enough and perhaps utv’s should be added. He suggested consulting with Chris Gamache. The new language in the ordinance has the connector trail closing when the snowmobile trails close. He suggested closing when Jericho Park closes rather than the snowmobile trail. The ordinance also speaks to painted diamonds on the street and he felt that should be stricken as the diamonds cause confusion. If they were painted in the roadway, it would be ok. Mayor Grenier thanked the Club for its support. Mr. MacQueen suggested that the original ordinance was developed with the help of a group of ATV enthusiasts and it may be worthwhile to reconvene the group for their input. Mayor Grenier closed the public hearing at 7:44 p.m.
Resolution 2012-07 Authorizing an Application to HEAL for $10,000
Mayor Grenier opened the public hearing at 7:44 p.m. and there were no comments; the hearing closed at 7:44 p.m.
Resolution 2012-08 Accepting $1870 from Attitash for the Ski/Snowboard Program
Mayor Grenier opened the public hearing at 7:44 p.m. and there were no comments; the hearing closed at 7:45 p.m.
REGULAR MEETING
Mayor Grenier called the regular City Council Meeting to order at approximately 7:45 in the Council Chambers of City Hall. The pledge of allegiance to the flag preceded roll call. Present: Councilors Remillard, Otis, Rozek, Ducharme, Morgan-Allain and Théberge; Councilors Nelson and Higbee were absent. Also present: Patrick MacQueen, Mr. & Mrs. Benski, press and public.
Minutes, Previous Meeting
Councilor Remillard moved with a second by Councilor Otis to accept the minutes of the March 5, 2012 Work Session/Regular Meeting and March 12, 2012 Work Session. So moved, the motion carried.
Disbursements: It was recommended by the Committee on Accounts/Claims to pay all bills dated 3/8/2012 to 3/21/2012 for a total cash disbursement of $581,447.92 Draft #1661. Councilor Remillard moved with a second by Councilor Otis to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/Claims. So moved, the motion carried.
PUBLIC COMMENTS
UNFINISHED BUSINESS
1. Council Committee Reports – no reports.
2. Ordinance 2012-01 Amend the ATV Ordinance to Allow Year Round Trail Access (tabled 3/5/2012)
Be it ordained by the City Council of the City of Berlin, as follows:
The CODE OF ORDINANCES Chapter 13 STREETS, ARTICLE. IV. Parks and Recreation, Div. 2. Operation of Off Highway Recreational Vehicles, Section 13 – 112. Operation of ATV’s is hereby amended by deleting language in strikeout and adding
Sec. 13-112. Operation of ATV's
No person shall operate an ATV, as defined by NH RSA 215-A:1, in or on any street, lane, bridge, alley, sidewalk or other public place in the city except as provided below:
In addition to the public trails at Jericho Mountain State Park, the following is an authorized municipal public ATV trail within the City of Berlin:
ATV Connector Trail - This authorized municipal trail runs where marked from the Jericho Mountain State Park to Route 110 and follows Route 110 southeasterly as it changes from Jericho Road to Wight Street and finally to Third Avenue. The trail continues to follow Third Avenue to Mannering Street and follows Mannering Street to Second Avenue to Hillside Avenue. The trail follows Hillside Avenue, for a short distance to just southwest of 4 Hillside Avenue (Valley Creek Eatery, Map 119, Parcel 261) where the trail crosses into the Dead River Park Dead River Park or alternatively, to York Street (determined by how the trail is actually marked and signed) where it continues easterly to Cole Street. In the park the trail follows southeasterly to the southeast end of the Dead River Park. The trail
then turns left onto Cole Street and follows a northeasterly direction to Mason Street where it follows Mason Street southeasterly to East Mason Street where it continues southeasterly to Hutchins Street where it follows Hutchins Street northeasterly to Success Pond Road where it follows Success Pond Road to the Berlin/Success line. (Ord. 9-20-2010)
In places where the ATV Connector Trail authorized above follows City streets, the trail is so designated with green diamonds on the pavement, ATV signage and markings, which must be obeyed by the ATV operator.
The ATV Connector Trail shall not be open and usable until it is properly marked and signed as determined by the Police Chief.
ATV users in the City must abide by all State and City laws when on designated trails on City streets and must abide by all motor vehicle traffic laws. However, underage State certified ATV operators may ride the trail on City streets if and only if accompanied closely by a properly motor vehicle licensed adult. (Ord. 9-20-2010)
The speed limit for ATV operators when operating on the designated trail on City streets is 25 mph.
ATV's must yield to pedestrians at all times. (Ord. 9-20-2010)
ATV operators, when operating on the designated trail on City streets, shall ride single file in traffic in the paved travel lane (not gravel or paved shoulders).
ATV operators shall not leave the designated trail within the City except as may be specifically otherwise provided herein. A specific exception shall be that an ATV operator may leave and return in the shortest possible route to the designated trail at the intersection of East Mason and Hutchins Streets to cross the intersection to the fueling or other service facilities across that intersection, and further that an ATV operator may leave and return in the shortest possible route to the designated trail at the intersection of Cole and York or Cole and the Dead River Park to travel no more than a block and a half to the fueling and other service facilities at the intersection of Green and Pleasant Streets. (Ord. 9-20-2010)
Under no circumstances will any part of the ATV Connector Trail on a city street be open and used by any ATV operator when there is snow on the street pavement, and under no circumstances will any part of the ATV Connector Trail on a city street be open and used by any ATV operator when the State opens the in-town snowmobile trails.
The Berlin ATV Connector Trail will be closed when the Bureau of Trails declares that the snow machine trails are no longer useable. The connector trail will re-open on May 23.
All ATV's operating on designated trails on City streets must have working head and tail lights.
Complaints regarding ATV use of these trails shall be received by the Traffic Safety Committee, who may recommend changes to the Council. The Council shall have the power to change the times of such ATV use by vote without amendment to this ordinance.
This Ordinance shall be in full force and effect from and after passage.
Councilor Remillard moved with a second from Councilor Otis to remove the resolution from the table. So moved the motion carried. Councilor Remillard with a second from Councilor Otis moved to table the resolution and schedule a public hearing for April 2, 2012. So moved, the motion carried.
3. Resolution 2012-07 Authorizing an application to HEAL for $10,000 (tabled 3/5/2012)
Resolved by the City Council of the City of Berlin as Follows:
Whereas, the City of Berlin is aware that specific demographic and ethnic groups are disproportionately affected by obesity and other related chronic conditions such as heart disease, cancer and diabetes; and that people are healthier when they live in communities that foster healthy lifestyles
Whereas, the City of Berlin is a community actively making strides to encourage environmental change and equity with the help of its community leaders, stakeholders and citizens working together; and
Whereas, the City of Berlin is committed to developing local solutions for improving local access to healthy lifestyles, affordable healthy foods and opportunities for active living; and the knowledge that this works best when there is leveraging of multi-sector partnerships interested in creating healthy, thriving and sustainable communities
Whereas, all grant proceeds shall be deposited with the City Treasurer and any additional use of the funds beyond the scope of work as listed in the application shall require prior approval of the City Council.
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 Healthy Eating Active Living (HEAL NH) for the sum of Ten Thousand Dollars ($10,000.00). 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.
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.
4. Resolution 2012-08 Accept $1870 from Attitash for the Ski/Snowboard Program (tabled 3/5/2012)
Resolved by the City Council of the City of Berlin as Follows:
Whereas, LBO Holdings, aka Wildcat and Attitash Ski Areas recognizes the efforts of the City of Berlin to provide the youth of the area with an opportunity to experience the wonderful sports of skiing and snowboarding; and
Whereas, there are life-long benefits to providing Berlin students with the opportunity to keep active and learn a fun and enriching sport; and
Whereas, the Ski and Snowboard Program is offered to students in good standing academically as well as behaviorally as an incentive for them to strive to succeed; and
Whereas, LBO Holdings understand the financial constraints of the City's limited resources as well as individual taxpayers to fully support the cost of skiing and snowboarding; and
Whereas, this donation will offset the cost of participation in the Ski and Snowboard Program for students who otherwise would not be able to afford such a program.
Now therefore be it resolved
That the City Council of the City of Berlin accepts One Thousand, Eight Hundred and Seventy Dollars ($1,870.00) from LBO Holdings, dba Attitash donated to the Berlin Recreation Department and that the funds are hereby appropriated to the 3rd - 6th Grade Ski & Snowboard Program and the City Manager is authorized to do all things necessary to effectuate the donation.
This Resolution shall be in full force and effect from and after passage
Councilor Ducharme moved with a second by Councilor Morgan-Allain to remove the resolution from the table at this time. So moved, the motion carried.
Councilor Ducharme moved to amend the resolution to the language in 2012-03R1; Councilor Morgan-Allain seconded and the motion carried.
Councilor Ducharme moved with a second by Councilor Morgan-Allain to have the resolution read a second time by title only, as amended. So moved, the motion carried.
Councilor Ducharme moved with a second by Councilor Morgan-Allain to have the resolution read a third time by title only, as amended. So moved, the motion carried.
Councilor Ducharme moved with a second by Councilor Morgan-Allain to pass the resolution, as amended. So moved, the motion carried and Mayor Grenier declared the resolution, as amended now passed.
NEW BUSINESS
5. Resolution 2012-09 Accepting Post-Issuance Tax Compliance Policies and Procedures (1st read)
Councilor Otis moved with a second from Councilor Remillard to table Resolution 2012-09 and schedule a public hearing for April 2. So moved, the motion carried.
6. City Manager’s Report
Property Sale Bids and Demolitions. March 8 was the bid opening for three tax deeded properties that the City was attempting to sell. 567 First Avenue was sold for $23,525 to “Northern New England Conference of Seventh Day Adventists” which was just above the minimum bid. 819 Fourth Avenue and 290 Grafton Street did not sell and will be re-packaged to try again this spring.
Three properties on Western Avenue -- 790 Western, 661 Western and 653 Western - had the pre-demolition walk-thru last week with contractors. Bids are due on these on Thursday, March 22nd.
Environmental Assessments are being done on 729 & 735 Second Ave & 483 School St; and demolition bids will be going out for those within 2 weeks.
WWTD Bid Opening. The bid opening for the Waste Water Treatment Plant upgrade has been finalized and extended for another week to April 4th in order to ensure the maximum possibility for bidders to put together their bids. The pre-bid meeting held last Tuesday the 13th was well attended and indicated good interest on the part of bidders.
Abatement Filing Deadline. March 1 is the last day that requests for abatement were accepted by the Assessor’s office. The City received 35-36 requests for abatement and these will be heard with by the Board of Assessors.
Recreation. The Men's Basketball league represented by coordinators of the league, Joey & Jesse Arsenault purchased 20 quality basketballs to be donated to the Berlin Recreation & Parks. This is the league that used the Junior High gym for their summer basketball league last year. They had a great season last summer with many teams and large public support and attendance at their night games.
Move to City Hall. The Housing Coordinator’s and Code Enforcement offices have moved from the District Court Building Basement at 220 Main Street to the basement at City Hall. Andre Caron designed and coordinated this move as he done with so many other projects in the City. We are hoping that other uses for the courthouse are found so that this building does not fall into disrepair and continues as an important building on Main Street.
Legislative Policy Process .The NHMA Legislative Policy Process will get underway in April. The Committee on Government Affairs (CGA) organizational meeting for this will be held on Friday, April 13, 2012. NHMA’s CGA will divide into three policy sub-committees and will between then and the Annual NHMA Conference in September develop the legislative recommendations for adoption at the conference which will guide NHMA’s legislative positions for the coming year. Certainly, if the City Council or any member of the public has thoughts or suggestions on how state law might be changed to better support municipalities, now is the time to transmit those ideas to NHMA. The policy proposal form can be downloaded at governmentaffairs@nhlgc.org.
Mayor Grenier noted that Mr. McCue should be invited to a work session seeing as he will represent the city in this discussion.
Mayor Grenier questioned whether the treatment plant project will have a local hiring provision and Mr. MacQueen stated that federal restrictions do not allow any such provision.
Councilor Rozek with a second from Councilor Otis moved to accept the City Manager’s report and place on file. So moved, the motion carried.
7. Mayor’s Report
Mayor Grenier recommended the appointment of Robert Goddard to the Board of Assessors saying that the City is very fortunate to have his talent serving on the Board. Councilor Remillard moved with a second from Councilor Otis to appoint Robert Goddard to the Board of Assessors for a term to expire 3/31/2015. So moved, the motion carried.
Mayor Grenier recommended the appointment of Paul Poulin to the Board of Water Commissioners. Councilor Remillard moved with a second from Councilor Otis to appoint Paul Poulin to the Board of Water Commissioners for a term to expire 5/31/2016. So moved, the motion carried.
Mayor Grenier read a letter addressed dated 3/19/2012 to the Mayor and Council from Cathy Leber regarding the Health Department.
Councilor Rozek moved with a second from Councilor Théberge to accept Mayor’s report and place on file. So moved the motion carried.
8. PUBLIC COMMENTS
9. Council Comments
Councilor Théberge asked about the post issuance tax compliance policies from Resolution 2012-09 Mr. MacQueen explained that the City bond counsel got this from the IRS to insure that when bonds are issued, that they are properly maintained by the municipality. The policy names the City Manager as the administrator of the funds and assures against arbitrage.
Arbitrage is investing tax exempt bond money and collecting interest. The IRS wants assurances that the City is not investing the money it is borrowing for “profit”. Councilor Rozek affirmed that there is no additional cost involved. Councilor Ducharme was informed that the City’s bond counsel is David Barnes.
10. Adjournment
There being no further business before the Mayor and Council at this time, Councilor Rozek moved with a second by Councilor Théberge to adjourn the meeting. So moved, Mayor Grenier declared the meeting adjourned at 8:16 p.m.
A true record attest,
Susan Tremblay
Administrative Assistant
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