City Council Work Session
June 3, 2013
Present were: Mayor Grenier (6:35) Councilors Otis, Benski, Higbee, Rozek, Nelson and Theberge, Morgan-Allain; Councilor Remillard was absent.
Others present: Jim Wheeler, Marsha and Ken Therrien from Work Camp New England, Tom McCue, Bryan Lamirande, Corinne Cascadden, Michael Berry of Valley Taxi, Warren Horsfield, George Beals, Jonathan Edwards, Chief Randall Trull, Pamela Laflamme, Linda White, media and public
In the absence of Mayor Grenier, Councilor Rozek opened the meeting at 6:30 p.m.
Work Camp New England
Mr. Ken Therrien explained the camp program to the Council saying that the high school and jr. high students pay to come and work in an environment where they are helping people. They work under the supervision of a tradesperson and their work is acceptable to the highest standards. They adhere to safety regulations. The group buys supplies locally to paint or do roofing for low income residents, spending an average of $700 per site. Administration is mostly for insurances. The group will be in Berlin July 6 through July 21. Mayor Grenier thanked the Therrien’s for the presentation and they left the meeting at this time.
Taxi Cab Business
Mr. Wheeler reported that Valley Taxi has applied for a taxi license. The Oversight Committee consisting of the City Manager, City Clerk and Police Chief met and found everything in order including insurance and their recommendation is to approve the license.
Councilor Rozek moved to grant the license; Councilor Nelson seconded and the motion carried with all voting in favor. Mayor Grenier entered the meeting at this time. (6:35)
Snowmobile Trail Proposal
Ms. Laflamme explained that the White Mountain Ridgerunners have three requests of the City Council regarding trail work they wish to start next week and complete over the summer.
They would like to repair the snowmobile bridge that is on the City’s property behind the Notre Dame Arena. As they are getting permits from NHDES, they need a letter of permission that indicates both permission and support for the project.
The WMRR would also like to repair their trail that is on the City’s landfill property on Cates Hill. The club would like to also erect a gate to keep unauthorized vehicles from accessing the trail in that area. The club is also working with NHDES on this project. Berlin Water Works is providing gravel for this project at no cost to the club. WMRR would again like a letter of permission that shows both permission and support for the work to submit with their permit application to NHDES.
The club would like permission to create a parking lot off Cates Hill Road at the entrance to the Cates Hill Landfill. While talking with members of the Mount Jasper subcommittee which is looking to create a new trail access to the eastern approach to Mount Jasper, it was thought a new pedestrian trail can be established using portions of the existing snowmobile trail. This parking lot could accommodate snowmobile trailers during the winter months and cars for hikers in the summer months.
Councilor Rozek moved with a second from Councilor Nelson to authorize the City Manager to do all things necessary to carry out the proposals put forward by the White Mountain Ridge Runners Club:
1) to carry out trail and bridge work on land owned by the City of Berlin (Tax Map 121 Lot 13) once proper approvals are received from any other permitting agencies;
2) to carry out trail work and the construction of a gate on land owned by the City of Berlin (Tax Map 406 Lot 3) once proper approvals are received from any other permitting agencies;
3) to create a parking area approximately 165 feet long by 50 feet wide on land owned by the City of Berlin (Tax Map 121 Lot 13) providing they obtain any approvals needed from any other permitting agencies. The WMRR will replace any fencing that needs to be disturbed per NHDES in order to create the parking area at their own cost.
In discussion Mayor Grenier confirmed that the new gate would be over 100 feet from the first monitoring well. The motion carried unanimously.
Fire Department Grant Discussion
Chief Randall Trull reported that he has been looking at the opportunities that may be available through the SAFER grant. The strings attached to the grant are much less in that there are no costs to the city for 2 years. The application opens July 15 and closes August 10. He would be looking to hire four firefighters bringing the total number to 20 and through attrition, in two years would come to 18. Our Congressional Delegation will need to be called on for support. Mayor Grenier commented that a force of 20 would reduce the overtime budget.
Councilor Rozek confirmed that grant funds would not be known until January at the earliest and could not be counted on for this budget. Mayor Grenier voiced his support for a four man crew. His concern is the $140,000 shortfall created by fully staffing the fire department. It is in the best interest of the city to apply for the grant. Councilor Nelson asked if ½ of the grant funds can be considered in the budget since the grant should come through in January. Mayor Grenier commented that we need to budget for the worst case scenario. A resolution will be drafted for next week’s meeting on June 17.
Mayor Grenier thanked the State Firefighters union noting that they are helping to secure the grant and they have the connections to expedite the grant.
Charter Petition Discussion
In response to a letter from Warren Horsfield and Jonathan Edwards asking for a review of petition language, Mr. Wheeler relayed correspondence the City received from its legal counsel. Chris Boldt advised that it is not appropriate for the City or its Attorney to advise a private party on how to go about revoking the Charter or whether their Request is sufficient. The individuals can hire their own attorney to do that.
Mayor Grenier said that some of the suppositions in the petition are wrong. Town form of government does not necessarily mean a more cost effective government. A handful of people can show up at a town meeting and sway the result. Mayor Grenier added that he is in favor of a charter commission. They are an elected commission who will be given the proper time to research, then their results and proposals go back to the voters in the form of a referendum question. The last time there was a Charter Commission was in 1995 and the changes proposed were voted down in the election.
Councilor Rozek moved that the City Manager is to respond according to the advice of the City Attorney; Councilor Nelson seconded and the motion carried.
Property Sales
Linda White stated that she has recommendations for three parcels, two of which are on Dustin Street near St. Vincents. There is no opportunity to build on the property due to slopes; however the neighbors hope to put a stop to illegal dumping.
Councilor Rozek moved with a second from Councilor Nelson that the City Manager is hereby authorized, indefinitely until rescinded, to offer for sale at the earliest appropriate opportunity, the properties listed below by sealed bid with conditions as indicated for each property or take the appropriate action as otherwise indicated:
Map/Lot 125-0064 Dustin Street: This parcel will be offered for sale by sealed bid to the direct abutters with covenants, taxable valuation of 7,400 with the minimum bid being $1000 due to steep slopes and wetland. (.13 acre)
Map/Lot 125-0065 Dustin Street: This parcel will be offered for sale by sealed bid to the direct abutters with covenants, taxable valuation of 7,400 with the minimum bid being $1000 due to steep slopes and wetland. (.13 acre)
Map/Lot 118-0032 33 Gilbert St: This parcel will be offered for sale by sealed bid to the general public, taxable valuation of 6,000 with the minimum bid being $1000 due unbuildable lot. (.05 acre)
So moved, the motion carried.
Other
Momz Grilled Cheese - The City Manager read a letter from Ron Forster asking for parking consideration at 2 Main Street for Mom’z Grilled Cheese. Councilor Nelson moved to refer the issue to the Traffic Safety Committee; Councilor Higbee seconded and the motion carried.
Playground Letter – Dan Arsenault – Mr. Wheeler referred to a letter from Dan Arsenault in which he took exception to the city creating new parks when there are existing parks in disrepair. Councilor Rozek moved to authorize Mr. Wheeler to respond to the letter and address the concerns stated. Councilor Morgan-Allain seconded and the motion carried.
Non-Public Session
Councilor Higbee moved with a second from Councilor Rozek to enter into non-public session per RSA 91-A:3II(d) Land Matters
Councilor Rozek moved to seal the minutes of the non-public session until the transaction is complete; Councilor Morgan-Allain seconded and the motion carried.
Councilor Rozek moved to come out of non-public session; Councilor Higbee seconded and the motion carried unanimously by roll call.
Councilor Rozek moved with a second from Councilor Higbee to go into non-meeting per RSA 91-A:21(a) Collective Bargaining. The motion carried unanimously by roll call.
PUBLIC HEARINGS
Mayor Grenier opened the duly advertised public hearings at approximately7:40 p.m. to receive public input regarding the following subject matters:
Resolution 2013-10 Accepting $2,500 from WalMart to the Police Department; Mayor Grenier closed the public hearing at 7:41 p.m.
REGULAR MEETING
Mayor Grenier called the regular City Council Meeting to order at approximately 7:41 in the Council Chambers of City Hall. The pledge of allegiance to the flag preceded roll call. Present: Councilors, Otis, Rozek, Benski, Higbee, Morgan-Allain, Théberge, and Nelson; Councilor Remillard was absent. Also present: James Wheeler, Corinne Cascadden, Bryan Lamirande, Warren Horsefield, Jonathan Edwards, George Beals, press and public.
Minutes, Previous Meeting
Councilor Theberge moved with a second by Councilor Higbee to accept the minutes of the May 20, 2013 Work Session/Regular Meeting.
Councilor Benski stated that she had something to add to the minutes. Councilor Theberge withdrew his motion; Councilor Higbee seconded.
Councilor Benski moved to amend the minutes of the May 20 meeting to state that she is opposed to Resolution 2013-07 because she believes sobriety checkpoints are a violation of the civil rights of the citizens of Berlin; Councilor Higbee seconded and the motion carried.
Councilor Theberge moved to accept the minutes as amended; Councilor Higbee seconded and the motion carried.
Disbursements: It was recommended by the Committee on Accounts/Claims to pay all bills dated 5/23/2013 to 6/5/2013 for a total cash disbursement of $649,793.00 Draft #1691. 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
Tom McCue of 27 Cambridge Street commented that he is the City’s representative at the NH Municipal Association. He informed that HB 422 is a bill pending in the Legislature dealing with amending the state statute regarding charter commissions. At this time the City is required to have two elections to begin a charter commission, one to decide whether to have a Charter Commission, the other to elect representatives to serve on the Commission. The bill would streamline the process, requiring only one election; which could save money and would move the process along.
Jonathan Edwards of 179 Willow Street commented that he is part of a group who put together a petition to change the City’s form of government from a city to a town status. He said there are 17 towns in NH with populations higher than Berlin’s. He said that towns are taking advantage of grant funds, attempting to keep the tax rate down. He said that he wants to help the city move forward with other ideas to keep costs down. He commended the Council for doing their best and said that this is a good time to put the issue of town vs. city status to a vote to see what the thoughts of the community are.
Gearge Beals of 665 Fourth Avenue said that he’s lived in Berlin for 15 years and since the mill closed, and federal aid is drying up, it has been fiscally challenging to the city that is also scrambling for decreasing revenues. He said he is asking the people to decide. He added that he is aware of a town that went bankrupt and he wants Berlin to avoid that.
Warren Horsefield of 327 School Street commented that he has no personal vendetta. He sees an ever increasing problem with every budget. There is a revenue problem and Berlin is in a downward spiral facing another depreciation in 2015. He doesn’t see the biomass as cure-all. Berlin faces continuing financial problems and there is a need to address obligations.
UNFINISHED BUSINESS
1. Council Committee Reports – no reports.
Councilor Theberge questioned the meeting schedule of the Traffic Safety Committee and he was informed that the meeting date and time is set by the Chair.
2. Resolution 2013-10 authorizing the Berlin Police Commission to accept a $2,500.00 donation from Walmart and appropriating said amount to the Berlin Police Department
Resolved by the City Council of the City of Berlin as Follows:
Whereas Walmart very generously made a donation in the amount of $2,500.00 for the general use of the Berlin Police Department,
Now Therefore Be It Resolved by the City Council of the City of Berlin, NH, that the Berlin Police Commission is hereby authorized to accept the donation granted to the Berlin Police Department from Walmart and that said funds are hereby appropriated to a separate Fund 30 account intended for general use by the Berlin Police Department.
Councilor Nelson moved to remove the Resolution 2013-10 from the table; Councilor Higbee seconded and the motion carried. Councilor Nelson moved with a second from Councilor Higbee to have the second reading of the resolution by title only. So moved, the motion carried. Councilor Nelson moved with a second from Councilor Higbee to have the third reading the resolution by title only. So moved, the motion carried. Councilor Nelson moved with a second from Councilor Higbee to pass the resolution. So moved, the motion carried.
NEW BUSINESS
3. Resolution 2013-11 City Budget Fiscal Year 2014 ($37,378,510.00) 1st read.
Councilor Theberge moved with a second from Councilor Nelson to table the resolution and schedule a public hearing for Monday, June 17, 2013. So moved, the motion carried.
4. Resolution 2013-12 Appropriation of Additional School Grants ($250,894.04) 1st read.
Councilor Nelson moved with a second from Councilor Higbee to table the resolution and schedule a public hearing for Monday, June 17, 2013. So moved, the motion carried.
5. Contract Tentative Agreements
OPEIU. Councilor Nelson moved with a second from Councilor Morgan-Allain to approve the cost items associated with a 3 year tentative agreement with OPEIU:
Wage increases are 0 in the first year; in the second year, a longevity increase of $2,200, a .7% ($5,497) salary increase and resulting incremental costs (FICA, Ret, WC) of $1,770. for a total cost of $9,467; and in the third year a salary increase of 1.5% ($11,861) resulting in $2,728 of incremental costs for a total cost increase of $14,589. So moved, the motion carried.
School Custodians Local 1444. Councilor Nelson moved with a second from Councilor Higbee to approve the cost items associated with a five year agreement with School Custodians Local 1444. Wage increases 0% in 2012 & 2013; 1.75% in 2014; 2% in 2015 and 2% in 2016.
District Expenses Resulting from a Contract With Local #1444
|
|
FY12
|
FY13
|
FY14
|
FY15
|
FY16
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Salaries
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-
|
-
|
8,987.47
|
10,199.13
|
10,452.62
|
Longevity
|
-
|
-
|
300.00
|
300.00
|
-
|
Clothing Allowance
|
-
|
-
|
700.00
|
-
|
-
|
Special Project Assignments
|
|
|
1,560.00
|
-
|
-
|
FICA
|
-
|
-
|
967.24
|
772.58
|
791.98
|
NHRS
|
-
|
-
|
782.10
|
888.72
|
911.03
|
Health Insurance
|
-
|
-
|
(58,538.54)
|
-
|
-
|
|
-
|
-
|
(45,241.73)
|
12,160.44
|
12,155.63
|
|
|
|
|
|
|
Contract Increase/Decrease over 5 Years
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|
|
|
|
(20,925.67)
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So moved, the motion carried.
Teachers. Councilor Nelson moved with a second from Councilor Higbee to approve the cost items associated with a 3 year agreement with Teachers. Wage increases of 1.75% in the first year, 2% in the second year and 2% in the third year.
Berlin Education Association
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|
|
2013-14
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2014-15
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2015-16
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Wage Increase:
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|
1.75%
|
2.00%
|
2.00%
|
|
|
|
|
|
Salaries
|
|
109,061.17
|
126,822.56
|
129,359.01
|
Longevity
|
|
1,852.43
|
2,154.11
|
2,197.19
|
Extra Curricular
|
|
1,714.33
|
1,993.53
|
2,033.40
|
Dept. Head Stipend
|
-
|
-
|
-
|
Course Reimbursement
|
10,750.00
|
-
|
-
|
FICA
|
|
8,616.04
|
10,019.22
|
10,219.60
|
NHRS
|
|
15,948.12
|
18,545.38
|
18,916.29
|
Health Insurance
|
(332,641.00)
|
-
|
-
|
Total
|
|
(184,698.91)
|
159,534.80
|
162,725.50
|
|
|
|
|
|
Total Cost over 3 Years
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|
|
137,561.38
|
|
|
|
|
|
|
So moved, the motion carried.
6. City Manager’s Report
PWD Monthly Report
Please see the attached summary report from Public Work Director Mike Perreault for activities performed in May. Seasonal work items such as street centerline painting, street sweeping and plow damage reparations are progressing.
PWD, in conjunction with HEB Engineers, has developed 90% Utilities Conflict Design plans to address utility conflicts that result from the Route 110 Phase 2 realignment project. Once finalized, these design solutions will be integrated into the construction plans of the overall project.
PWD has also been working on combined sewer overflow monitoring and continues inflow and infiltration (I&I) projects. Success in the removal of I&I is required to preserve and improve the treatment capacity of the Wastewater Treatment Facility. This will accommodate the acceptance of sanitary flow from the Federal Prison, Berlin Biomass and other potential developments.
Housing Matters
3 Glen Avenue - the demolition, block wall construction, loam & seed of green space, and base material for paving and pavers has all been completed. The pavers for the patio area will be installed this week. Paving bids are due June 6 to complete the final drive way and parking areas.
124 ½ Norway - demolition was completed last Friday.
115 Mason pocket park & community gardens - Playground equipment is scheduled to arrive this week. In conjunction with HEAL (Healthy Eating and Living organization), Linda White, Angela Martin, the Public Works Dept. and Recreation are working to finalize the specifications for the raised bed gardens
2025 Riverside Dr. - March 12, 2013 Norman R. Villeneuve was issued a 155-B Order from the fire department to raze and remove his residential structure which was destroyed by fire on January 1, 2013. Mr. Villeneuve has complied in full with this order. The Fire Chief will be sending Mr. Villeneuve a close out letter documenting his full compliance and expressing the City’s appreciation for fulfilling his responsibility. Photos of the property are attached.
Fairfield Class Action Tax Case
Donahue, Tucker and Ciandella is representing over twenty-four municipalities in the telephone tax abatement proceedings. As you know, Berlin is participating community. The parties have largely agreed on a joint litigation schedule. A single point of disagreement that remains between the Petitioners and the Respondents will be resolved at the next Court Conference on May 28th. For more information, please see the attach correspondence from Donahue, Tucker and Ciandella, PLLC
Receipt of Fuel Oil Bids and Award
Bids were received on Wednesday May 29th from CN Brown, Irving Energy and Burke Oil. The annual contract for fuel oil was awarded to CN Brown on May 30th as they were the low bidder. The bulk fuel oil price from CN Brown is $3.0703/gal. The bid results are attached. This is slightly larger than a 5% increase over last year’s price of $2.8994/gal.
Legislative Matters
HB 617, the bill designed to increase the road toll was indefinitely postponed by the Senate on May 23rd. This action effectively eliminates the possibility of a gas tax increase being acted on within the biennium. This action currently leaves property taxes as the only funding source for transportation infrastructure. Senate leadership expressed a strong intent to resolve the issue of infrastructure funding next year.
SB 152, the Casino bill was defeated by a House vote of 199 to 164 on May 22nd.
Drive in the 50’s
Just a reminder that the Annual Drive in the 50’s will be held this Thursday June 6th in Berlin’s downtown! Come one, come all!
Pat MacQueen’s Time-keeping for May
Please see attached.
Councilor Rozek moved with a second from Councilor Benski to approve the Manager’s report and place on file.
Mayor Grenier asked if the budget is enough to cover fuel oil. Mr. Wheeler responded that the difference is less than 1% and we should not have to add to the budgeted amount.
The vote on the motion to approve was taken and unanimously approve.
7. Mayor’s Report
Mayor Grenier stated that Mr. Edwards’ comments were not accurate. Going to a town form of government would not save money and could increase costs substantially. He said that town meeting brings forward people who have a vested interest in the project proposed and that can result in increased costs. When Berlin was incorporated as a city, we were 10,000 people; the population rose to 20000 but now we are back to 10,000. He stated that he is a proponent of a charter commission and one of the issues could be increases in the salary for councilors which is $750 per year. A motivated group needs to look at the document to streamline operations.
Next Tuesday at 1:00 p.m., there will be a dedication of the Visitor’s Center at Jericho State Park to name it the Robert Danderson Visitor Center. Mayor Grenier acknowledged that Bob Danderson has never been given true credit for some of his accomplishments such as being instrumental at getting a federal prison here; he pushed to get Jericho Mountain State Park on the map and he was instrumental at getting Berlin Station here as well. Mayor Grenier encouraged all Councilors to come to the dedication.
Councilor Rozek moved to accept mayor’s report; Councilor Nelson seconded and the motion carried.
8. PUBLIC COMMENTS
Corinne Cascadden of 1787 Hutchins Street thanked the Council for approving the collective bargaining agreements. She also said that Berlin will be graduating a class of 82 students which is the smallest class in memory. School closes Wednesday, June 12 and she thanked the Public Works for assuring that buses could travel and snow days were kept to a minimum.
Bryan Lamirande of 837 West Milan Road, Milan thanked the Council for approving contracts. He acknowledged the difficult job of the Council which is to look out for the best interest of the entire city.
9. Council Comments - none
10. There being no further business to come before the Council, Councilor Rozek moved to adjourn; Councilor Higbee seconded and the motion carried. The meeting ended at 8:47 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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