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City Council Minutes 10/15/2012
Work Session
October 15, 2012

Present were:  Mayor Grenier, Councilors Otis, Remillard, Benski, Morgan Allain, Higbee, Rozek, Nelson and Theberge

Others present included Patrick MacQueen, Rick Alpers, Carl Weber, Corinne Cascadden, Angela Martin Giroux, Pamela Laflamme, media and public

Discussion of Filling City Manager Position
Mayor Grenier stated that the County recently used Primex services to fill the position of finance officer and superintendent of County Corrections.  The service is provided at no cost because the city buys its property liability insurance from Primex.  Mayor Grenier stressed that replacing the retiring city manager will be the single most important decision made by this Council.    

Carl Weber explained that Primex offers this service as a risk management tool.  The process used will help the Council articulate areas of agreement among councilors and to use that information to find the most well rounded candidate for the community.  It begins with a meeting that identifies what each councilor is looking for in a manager and what that councilor sees as critical issues, essential skills, behavioral skills, etc.  Once established, Primex helps develop the ad for the position as well as the job description.    

As resumes come in, Primex will assist with structuring an interview up to and including a real world assignment for the final candidates.  Primex does not participate in the interview process but they make sure it stays on track and help to tailor questions.  With the new manager, there would be an entry level meeting within the first month; then goal setting at six months and eleven months.  It is important that expectations are clear; articulating leads to success.  

Councilor Rozek confirmed that Mr. Weber has been doing city manager recruitment for Primex for seven years; however Primex has been doing it for longer.    Mr. Weber indicated that it is key to have clear expectations for the first year.  

Councilor Remillard questioned the option of staying with MRI.  Mr. MacQueen indicated with MRI there would be no process.  MRI would send people in to manage and either the Council likes them or not.  He added that there is an advantage to hiring a manager as an employee including a better relationship between the Council and manager.  The community will feel like the manager is their employee.

Councilor Theberge questioned whether the Local Government Center provides recruitment services as well.  Mayor Grenier was under the impression that they charge for the service.  

Councilor Benski asked who would be paying for the service if not the City.  Mr. Weber noted that the cost is covered as part of risk management through property liability insurance.  Councilor Rozek affirmed that risk is higher to our insurance carrier if “a loose cannon” were hired.    

Mayor Grenier established that he has firsthand experience with this process which is a lot of work but rewarding.  Rick Alpers concluded by saying that it is most important to get this right.  If the Council rushes and makes a bad decision, it can take the next year to get out of it.  Mr. Weber and Mr. Alpers left the meeting at this time.

Proposed Ordinance Amending the IPMC Property Code
Mr. MacQueen reported that he met with Councilor Remillard, Tim Coulombe, Angela Martin Giroux and Joe Martin to talk about the bedbug issue and they came to the conclusion that there is no reason for the city to be involved.   Bedbugs, head lice, lady bugs are not disease carriers and that is where the line is drawn.  

The real issue is public health and we are proposing to stay out unless there is a health issue.  Mayor Grenier expressed concern that implementing this ordinance would limit Code Enforcement’s ability to do their work.  

Councilor Remillard felt strongly that the problem should be left for tenants and landlords to deal with.  If the tenant is not satisfied with the landlord’s response to the problem, he will move and if the tenant chooses to take the landlord to court, then the judge will decide who pays for clean up.  Mayor Grenier clarified that the problem is not prevalent and affects less than ten buildings in the city.  

Councilor Remillard added that good landlords would be adversely affected by this ordinance.  Mr. MacQueen agreed that the only way the city can do anything would be to put the problem on the property owner, because it would be impossible to prove who caused the problem or where it came from.   The City would end up in the middle when the tenant and landlord should have an equal interest to clean it up.  

Ms. Martin Giroux explained that bedbugs are not a dirty person problem; they could be transported from international travel or from goods that come from overseas.  At one time they had been eradicated; however it was found that the chemicals being used to kill them were harmful to humans.  

Councilor Benski agreed with the ordinance language that recognizes the difference between what is health risk and what is not.  Councilor Nelson questioned whether allowing the problem to go on will cause a bigger infestation.  Councilor Remillard stated that landlords will take precautions before leasing by doing reference checks.  Tenants can also call the city to see if any reports have been made on the building they are considering moving into.    There was no objection to having the first reading of the ordinance.

Race to the Top Grant – Mayor & Council Review and Comment
Corinne Cascadden reviewed the executive summary with the Council.~ She noted that one of the requirements is that the Mayor and Council~have the opportunity to review and comment on~the grant in draft at least ten days prior to~submission.~
Councilors conceded that this grant would put Berlin and the consortium of other NH communities at the forefront of the next round of federal requirements for education.~ Mayor Grenier confirmed that the NH Congressional delegation is aware of the application.~
Councilor Benski asked what strings are attached and Ms. Cascadden noted the grant will supplant and supplement existing programs in its scope.~ Funding will provide professional development training for teachers for personalization of student learning.
Councilors questioned the changes that would be implemented by the grant and Ms. Cascadden reported that the requirements of the project will prepare staff and students for the reauthorized federal requirements after No Child Left Behind expires in 2014.~ The project will also require a teacher, principal and superintendent evaluation system connected to student achievement data.~ Councilors will submit comments to the superintendent to collate for submission with the grant application.
County Tax and City Tax Rate
Mayor Grenier updated the Council on the tax rate for the county which has gone from $1,776,000 budgeted to $1,665,902 based on property value from the latest DRA tax apportionment.  

PUBLIC HEARINGS
Mayor Grenier opened the duly advertised public hearings at approximately 7:50 p.m. to receive public input regarding the following subject matters:
Ordinance 2012-10 Bickford Place Park; Mayor Grenier closed the public hearing at 7:50 p.m. with no comments heard.
At 7:51 p.m. Mayor Grenier opened a public hearing for Resolution 2012-31 Race to the Top Grant; with no comments heard, he closed the hearing at 7:51 p.m.

REGULAR MEETING
Mayor Grenier called the regular City Council Meeting to order at approximately 7:52 in the Council Chambers of City Hall.  The pledge of allegiance to the flag preceded roll call.  Present:  Councilors Remillard, Otis, Rozek, Benski, Morgan-Allain, Théberge, Nelson and Higbee.   Also present:  Patrick MacQueen, press and public.

Minutes, Previous Meeting
Councilor Remillard moved with a second by Councilor Otis to accept the minutes of the October 1, 2012 Work Session/Regular Meeting and October 8, 2012 Work Session.  So moved, the motion carried.

Disbursements:  It was recommended by the Committee on Accounts/Claims to pay all bills dated 10/4/2012 to 10/17/2012 for a total cash disbursement of $1,547,205.12 Draft #1676.  Councilor Nelson moved with a second by Councilor Theberge 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
  • Council Committee Reports – no reports.
  • Ordinance 2012-10 Bickford Place Park (tabled 10/1/2012)
Whereas, Bickford Place is a Downtown City Park created to be an urban environment park with a protected structure, an operating, lit fountain, outdoor furniture and landscaping, and
Whereas, the Mayor and Council therefore deem it important both for the protection and security of the park itself as well as for the general use by the public to set more specific regulations for the public use of this particular park
Now therefore be it ordained  by the Mayor and Council of the City of Berlin that the Code of Ordinances of the City of Berlin are hereby amended by adding the following new Section 13-91.1 to Division 1, Generally, of Article IV, Parks and Recreation,  of Chapter 13, Streets, to read as follows:
“13-91.1        Bickford Place Park
Anything to contrary in this Article notwithstanding, Bickford Place Park shall close each evening at 10pm unless an event scheduled through Parks and Recreation is occurring there in which case closing will occur at the end of the event. In addition, because of its close pocket park nature, there shall be No Smoking in Bickford Place Park at any time.”
This Ordinance shall be in full force and effect from and after passage.

Councilor Nelson moved with a second by Councilor Morgan Allain to remove the ordinance from the table at this time.  So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Morgan Allain to have the ordinance read a second time by title only.  So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Morgan Allain to have the ordinance read a third time by title only.  So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Morgan Allain to pass the ordinance.  So moved, the motion carried and Mayor Grenier declared the ordinance now passed.

  • Resolution 2012-31 Race to the Top Grant for Ten Million Dollars (tabled 10/1/2012)
Whereas, the Berlin Public Schools seek to implement reforms in the core educational assurance areas through Race to the Top-District and other key programs; and
Whereas, a successful application will provide teachers the information, tools, and supports that enable them to meet the needs of each student and substantially accelerate and deepen each student’s learning; and
Whereas, policies, systems, infrastructure, capacity, and culture to enable teachers, teacher teams, and school leaders to continuously focus on improving individual student achievement and closing achievement gaps; and
Whereas, equity and access will be a priority and will aim to prepare each student to master the content and skills required for college and career readiness; and
Whereas, each student will have the opportunity to pursue a rigorous course of study, and accelerate and deepen students’ learning through attention to their individual needs.
Now therefore be it resolved that the City Council of the City of Berlin authorize an application for $10,000,000.00 from the U.S. Department of Education, Race To The Top - District Grant, 2012 for Berlin Public Schools, in a Consortium of N.H. Local Education Agencies, to support locally directed improvements in learning and teaching that will directly improve student achievement and educator effectiveness and upon receipt, these funds shall be 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.

NEW BUSINESS

  • Ordinance 2012-11 Amending IPMC Property Code
Councilor Remillard moved with a second from Councilor Otis to table Resolution 2012-11 and schedule a public hearing for November 5, 2012.  So moved, the motion carried.

  • Ordinance 2012-12 Zoning Amendment
Councilor Nelson moved with a second from Councilor Morgan Allain to table Resolution 2012-12 and schedule a public hearing for November 5, 2012.  So moved, the motion carried.

Councilor Theberge reported that he had constituents concerned about property taxes going up if the area is changed to rural residential.  There are also water issues in that area.  Mayor Grenier commented that zoning will not affect taxes; water issues are so noted.

  • City Manager’s Report
Paving and I&I
Weather permitting Public Works expects to begin grader patching on Hutchins from Napert Village to Turcotte Street this week. This will be a first for the Department as it has never before attempted grader patching.
Paving in the Kent Street area is supposed to occur today. This is winding up the McGee Street Kent Street project which should get to substantial completion close to on time this month. All of the pipe testing thus far has been very successful. The date for substantial completion is October 26, 2012 and it appears now that the contractor will come close to making it. A punch list is being developed for final completion which is November 22nd or thereabouts.
Test boring has been going on in the areas of Twitchell and North Road and in the areas of Blais and Trudel Streets on the East side as part of the development work toward getting Contract 3 for more I&I work out to bid.
Poulin/Irving Meeting
On Thursday October 4th, Pam Laflamme and I met with Irving Oil representative Tammy Fiske and Carl Mercier representing Dave Poulin. Irving has had a recent survey of their property and it appeared that the City easement that Mr. Poulin and Mr. Mercier would like to use for parking is somewhat narrower than they had thought. In any event, Ms. Fiske indicated that they should prepare a plan of exactly what they have in mind and send it to Irving for its review before they determine what their position is with respect to it. We left the meeting with Mr. Mercier indicating that they would do that.
FEMA Floodplain Matter
The City has received the official materials for the new Flood Insurance Rate Maps (FIRM) that are currently scheduled to go into effect on February 20, 2013.  The City has also learned that our entire Congressional Delegation sent a letter to FEMA on the City’s behalf, along with the other communities here in the Androscoggin Valley, asking FEMA to come here again to do a more detailed explanation of the new maps.  The maps that were sent to the City have not been changed despite several concerns raised by the Town of Gorham about the reliability of the data used to create the maps.  More information will follow once the FEMA meeting is scheduled.
BIDPA RFQ on Main
BIDPA has put out a Request for Qualifications from architect/engineering firms to provide proposals for doing development work on the building downtown at 121 Main Street that the City now owns by tax deed. This is the building that Family Dollar is currently in and the empty structure behind it which faces on Pleasant Street. BIDPA is viewing the redevelopment of this building as its next project.  
Eviction Hearings and Housing Demos
Linda White spent the afternoon in court this past week waiting for eviction hearings only to have the judge walk in at the end of the day and tell her that court was dismissed for the afternoon. Welcome to life in District Court. The hearing has been rescheduled of October 31st.  

Several demolitions have occurred or will occur last week and this week. These are the properties on 729 and 735 Second Ave and 33 Gilbert and 216 Grafton. 216 Grafton is down as is 729 Second. 735 Second is coming down today and 33 Gilbert will be the last to come down.
Citizen’s Bank Downtown Grant
On Thursday October 18th at 3PM representatives from Citizen’s Bank will be in Berlin to present the Main Street Program with a grant for downtown.~ This grant will support activities downtown during two signature City events, the ATV Festival and RiverFire in 2013.~ The focus is on how to promote the event while attracting people to downtown while they are visiting the area.~ The Main Street Program will be working with and under the umbrella of NH Grand through their marketing program.~ This grant which was aimed at neighborhood economic development initiatives is one of three being given out by Citizen’s Bank in their first round of this grant program.~ City staff took on the job of writing the grant continuing the partnership with the Main Street Program for Moving Downtown Forward. They would prefer to announce the amount of the grant on Thursday. The Mayor and City Council are all invited to the presentation which will be held at Bickford Place at 3PM.

Councilor Rozek confirmed that road shimming to be done on Hutchins Street is expected to be complete in three days. He asked for a total cost analysis of paving projects since there was some change, due to the I & I project, from what was approved to what was actually paved.  

Councilor Rozek moved with a second by Councilor Higbee to approve the Manager’s Report.  So moved, the motion carried.  

  • Mayor’s Report
Mayor Grenier reported that he will be hosting a Candidates’ Forum Wednesday, October 17, 2012 beginning at 6:30 at city hall.  He welcomed all to come and added that there is no taxpayer money being used for this forum.  Ray Burton, Jeff Woodburn, Gerry Marcou, and John McCormick will be attending ready to answer questions.
Councilor Rozek moved to accept the Mayor’s Report; Councilor Nelson seconded and the motion carried.

  • Public Comments
Corrine Cascadden, 1787 Hutchins Street, thanked the Council for their support for Race to the Top.  

She informed the Council that on October 28 Legends of Hockey will hold its annual induction ceremony at the Verizon Center in Manchester; Berlin Middle School Chorus and BHS Band will be performing.  The Monarchs will be wearing Berlin High jerseys for their game that evening.  

  • Council Comments
Councilor Nelson reminded everyone that Riverfire is this weekend.

Councilor Theberge mentioned that he would like to see “live cam” video from Berlin on WMUR.

Non-Public Session
Councilor Remillard moved with a second from Councilor Otis to go into non-public session per RSA 91-A;3II (d) consideration of the acquisition, sale or lease of real or personal property.  So moved the motion carried unanimously by roll call.

Council members discussed an offer on a tax deeded property.

Councilor Nelson moved to come out of non-public session; Councilor Morgan Allain seconded and the motion carried unanimously by roll call.  

Councilor Nelson moved to adjourn; Councilor Morgan Allain seconded and the motion carried.  The meeting ended at 8:10 p.m.

Respectfully Submitted,
Susan Tremblay
Administrative Assistant