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City Council Minutes 09/10/2012 Work Session
Work Session
September 10, 2012

Present:  Mayor Grenier, Councilors Otis, Remillard, Morgan-Allain, Higbee, Rozek, Théberge and Nelson

Others present:  Chris Dubey, Tom McCue, Corinne Cascadden, Mike Perreault, Jonathan Dubey, Paula Benski, media and public.

Mayor Grenier opened the meeting at 6:30 p.m. and asked to have two items added:  school department report and acceptance of Councilor Ducharme’s resignation.  Councilor Higbee moved to add the items to the agenda; Councilor Théberge seconded and the motion carried unanimously.

Berlin Emergency Medical Services (BEMS) Finances Discussion
Chris Dubey informed the Council that contract negotiations with the ambulance will be starting this year.  For the past 15 years the City’s subsidy has been stable; however it looks like an increase will be necessary.  He went on to say that there are levels of first responders:  first responder basic; first responder intermediate and paramedic.  The best chance for a patient to survive is by having a paramedic respond.

Mr. Dubey reported that the call volume has remained close to the same but revenues are lower than this time last year.  They attribute the decline to there being less people with insurance in the City as well as the delay in receiving Medicare and Medicaid payments.    

If the trend continues there will need to be a discussion about the level of service that Berlin wants to maintain.  There is no law that says ambulance response has to provide a paramedic.  Mr. Dubey encouraged the Council to research what other communities are paying for different levels of service.  

Mayor Grenier commented that when negotiations are open, the city does not have the room to double its subsidy for ambulance service.  The City needs the service; however there may need to be a combination of cuts in service, an increase in the subsidy and increased fees.  He added that BEMS provides the City with excellent service and it would not be his wish to cut back; however adding one dollar to the tax rate is not feasible.  

Mr. Dubey indicated that Council members could call or e-mail him with questions.  Councilor Higbee stated that it would be helpful if statistics could be provided that show what the outcome differences are with first responders and paramedics.  Mayor Grenier confirmed that the City has not had the BEMS financial statements audited.  The company provides their financial information to the city on a yearly basis.  

NHMA Legislative Policies
Mayor Grenier welcomed Tom McCue who is the City’s representative to the NH Municipal Association Policy Conference.  Mr. McCue stated that there are 75 communities that belong to NHMA.  By polling its membership, NHMA decides what position to take on legislation that pertains to municipalities.  Mr. McCue confirmed that the City received its delegate card.  

Councilor Nelson moved to authorize Thomas McCue to represent the City of Berlin as its voting delegate at the NHMA Legislative Policy Conference; Councilor Remillard seconded and the motion carried.  

Mr. McCue went through the Planning and Land Use legislative proposals with the Council saying that they had been reviewed by the Planning Board with no big concerns.  After review of each of the individual policies, there was no opposition to the proposed language.  

Mayor Grenier expressed concern over the proposal in General Government, Revenue, and Intergovernmental Relations, #3  Tax Rate Setting - to have legislative bodies of a municipality authorize the governing body to establish the tax rate, independent of the DRA.  He encouraged the Council to go on record as opposing adding that the DRA should have oversight on the process.    

Mayor Grenier also voiced opposition to #4 Site Evaluation Committee and Local Input which says  that applicants to the State’s SEC would need to notify and appear before the local planning board prior to the issuance by the SEC of certificates for constructing energy facilities.  

Mayor Grenier commented that the process that SEC went through is tedious; however it worked and it is necessary.  It would be too much for a local planning board; the municipality is allowed to be a party.  Mr. McCue stated that the general idea is that the EFSEC process needed to be reviewed.   Councilors did not support the proposal.       

Councilor Nelson moved not to support #3 Tax Rate Setting & 4 Site Evaluation Committee and Local Input; Councilor Remillard seconded and the motion carried unanimously.

Mr. McCue mentioned legislation that would revoke the licenses and permits of anyone who owes money to a community.  There is also a proposal saying that voting reminders would be equally available to all voters which stems from a school using the automated call system to urge parents to vote on a school issue.   Councilors took no action on these.

OHRV Proposed Legislation
Councilor Théberge, Chair of the OHRV Committee asked if the Council would support legislation to require all OHRV drivers on city streets to hold a driver’s license.  The language has the support of local police, the State Trails Bureau and Fish & Game.  

Councilor Nelson commented that at 12 years old, an OHRV rider can have a certificate to ride trails.  Councilor Théberge stated that one can still ride an OHRV when their license has been revoked.    
Councilor Rozek questioned whether the age should be 21.  Councilor Higbee confirmed that there is recourse in the law holding the 18 year old responsible.

Councilor Rozek moved to support drafting legislation to require that all OHRV operators on city streets have current driver’s licenses regardless of age except for those underage operators who have a current State OHRV safety certificate and who are accompanied by an adult (18 or over) with a current driver’s license; Councilor Morgan Allain seconded and the motion carried unanimously.  

Contract 3 I & I
Mr. MacQueen explained that I & I work can be continued as we are now into the Rural Development $1 million grant. Rural Development would like the City to spend the money prior to the end of the Federal fiscal year, 9/30; however that will not likely happen.  Wright Pierce has agreed to split the cost of inspection with the city as proposed by the Council on the Nelson project.    

Councilor Rozek asked if the additional work being proposed is attributed to the data from flow meters.  Mr. Perreault clarified that the work to be done was identified from previous studies.  The flow meters are part of the treatment plant’s SCO plan.  

Mr. Perreault went on to say that this project would capture I & I in the area around Bean Brook; it would correct bad sewer on Wood Street and capture I & I from Hutchins and Horne Streets.  In addition there are major issues with a cross country line on Kent Street, Blair and Trudel.  The size of the line will be increased on Hutchins, Burgess and Champlain.  The estimate for this work is close to $1 million.  

Councilor Rozek moved to proceed with amendment 8 of the Wright Pierce Phase 1 Contract 3 Design and Bidding Contract; Councilor Nelson seconded and the motion carried.

HEB Contract for Sewer Coordination Work on 110 Project
Mr. MacQueen reported that the State has asked the city to tell them where the conflicts are with sewer on the work they are going to do on 110.  An RFP was done a few years ago and HEB was the engineering firm of choice for several ARRA projects after a lengthy interview process.  One of the projects proposed was the Route 110 sewer extension which did not happen because ARRA funding did not come through.  Rather than wasting time with another RFQ, we are asking to hire HEB based on the previous RFQ.  

Councilor Nelson moved to hire HEB as the engineering consultants for the 110 project; Councilor Higbee seconded and the motion carried.  Mayor Grenier abstained because his son works for HEB.

Solid Waste Ordinance Discussion
Mayor Grenier asked Ms. Benski to join the Council at the table and thanked her for taking the time to give her perspective on the proposed solid waste ordinance.

Mr. MacQueen noted that the ordinance has been drawn and redrawn.  Because the collection truck is not equipped to collect paper at this time, Mr. Perreault is asking to remove that part of the ordinance.   There was some discussion about having a central collection point for white paper and cardboard.  

The ordinance indicates that garbage cannot be out until the morning of the day it will be picked up; that still leaves time for predatory animals to get to it.  Ms. Benski voiced her concern that the penalties are not clear on whether they be imposed on the resident or homeowner.   Mr. MacQueen stated that the intent would be to fine both property owner and tenant; the existing language allows either or both.  Ms. Benski pointed out that a landlord’s only recourse would be to evict the tenant but that takes time and the ordinance does not account for that.  

There was discussion about how clean recyclables need to be and it was determined that an effort has to be made to rinse the ingredients out of the recyclable container.  It was noted that caps need to be removed from recyclable bottles and plastics.

Mayor Grenier stated that this is going to be trial and error and there may be judgment calls necessary.  Councilor Remillard had a problem with a $300 fine; she suggested $100 and Councilors conceded.  Mr. Perreault noted that weight limits on commercial garbage pickup will be a hurdle to get over.  

In the spring the Council can review cardboard pickup, giving the department enough time to develop a plan.  Councilor Remillard asked if containers have come in and it was determined that there are 1500.  A voucher for the bin will be available at City Hall and the bin will need to be picked up at the public works garage.  Citizens need to be aware that the bins are the property of the city and they are to remain with the address to which they are issued.      

Race to the Top
Corinne Cascadden addressed the Council informing them of a potential sizable Federal grant called Race to the Top.  Primary focus is the personalization of student learning, teacher and leader effectiveness and a strong accountability system.  Two years ago, states applied and NH did not get awarded.  An RFP was posted 2 weeks ago and North Country school districts want to work together as consortium to apply.   Pittsfield has taken the lead and 41 districts are eligible, but in the end, there are 7 that will join together on this application.   The award would be between $5  to $10 million and that amount would be divided on a prorated basis by student enrollment.  

The application is due October 30; however there needs to be a record that the application was shared with the governing body for review and comment ten days before submission.  The other deadline to be met is that stakeholders are being asked to take a survey about teaching and learning prior to September 14.  

The Berlin School System is well positioned for this grant with ready infrastructure.  Ms. Cascadden asked everyone to access and complete the survey.  Council members agreed to send a letter of support for the grant on behalf of the City Council.  

Resignation Letter
Mayor Grenier indicated that he would accept a motion to accept the resignation of Dori Ducharme Councilor Remillard moved to accept the resignation with great regret; Councilor Rozek seconded and the motion carried.

FEMA Meeting
Mayor Grenier stated that he would call a meeting with local boards of selectmen regarding the FEMA process of remapping flood maps.  He felt there are fundamental errors and omissions when the hydros are not considered as flood control dams.  A joint meeting of the affected towns will be held to discuss a unified path forward. Councilor Remillard commented that Senator Gallus is aware and will be reviewing the issue as well.

To Councilor Rozek’s question about paving High Street, Mr. MacQueen indicated that it would be done by the end of the month.  There was some question about whether the entire street would be done and whatever remains to be paved will be estimated.

Councilor Rozek moved to adjourn; Councilor Nelson seconded and the motion carried.  The meeting ended at 8:55 p.m.

Respectfully Submitted,
Susan Tremblay
Administrative Assistant