City Council

CITY COUNCIL MEETING – Monday, May 5, 2025 Public Hearing Mayor Cone opened the Public Hearing at 7:07 pm for Resolution 2025-06 ILO PD. There were no public comments. Mayor Cone closed the Public Hearing at 7:07 pm. Mayor Cone opened the Public Hearing at 7:07 pm for Resolution 2025-07 Granite Shield PD. There were no public comments. Mayor Cone closed the Public Hearing at 7:08 pm. Mayor Cone opened the Public Hearing at 7:08 pm for Resolution 2025-08 Eversource PD. There were no public comments. Mayor Cone closed the Public Hearing at 7:08 pm. Mayor Cone opened the Public Hearing at 7:09 pm for Resolution 2025-09 F&G OHRV PD. There were no public comments. Mayor Cone closed the Public Hearing at 7:09 pm. Mayor Cone opened the Public Hearing at 7:09 pm for Resolution 2025-10 Highway Safety PD. There were no public comments. Mayor Cone closed the Public Hearing at 7:10 pm. Mayor Cone opened the Public Hearing at 7:10 pm for Resolution 2025-11 US Forest Service PD. There were no public comments. Mayor Cone closed the Public Hearing at 7:11 pm. Mayor Cone opened the Public Hearing at 7:11 pm for Resolution 2025-12 EMPG Grant PD. There were no public comments. Mayor Cone closed the Public Hearing at 7:12 pm. Regular Meeting Mayor Cone called the Regular City Council Meeting to order at approximately 7:13 pm. a. Pledge of Allegiance b. Roll Call Present: Mayor Cone, Councilors Higbee, Morency, Valerino, Grenier, Korzen, and Theberge Absent: Councilors Berthiaume and Qualls Also present: City Manager Phillip Warren, Jr., Director of Special Initiatives Pamela Laflamme, Finance Director Holly Larsen, Deputy Chief Nathan Roy, District Education Services Administrator Tammy Fauteux, Christian Judson, Deb Berntsen, Theodor Bosen, other members of the public, and Lisa Connell, Berlin Daily Sun. c. Councilor Theberge moved, with a second by Councilor Korzen, to accept the minutes of the April 21, 2025 Regular Meeting and Work Session, and the April 28, 2025 Budget Work Session. So moved, the motion passed. Disbursements: Disbursement Summary Draft #1984 with a start date of 04/22/2025 and an end date of 05/05/2025 for a total cash disbursement of $849,530.41. Councilor Theberge moved, with a second by Councilor Morency, to accept the disbursement summary and pay all bills as reviewed and approved by the Committee on Accounts/Claims. So moved, the motion passed. PUBLIC COMMENTS Christian Judson of 473 Forbush Avenue discussed trash issues. He noted that the east side, west side and avenues are still having issues with individuals putting their garbage out the night before creating issues with bears and other animals. He also mentioned that his neighbor feeds squirrels and it is prohibited to do so per City Ordinance. He is asking Council and the Police Dept. to continue their efforts to enforce the City Ordinance. City Manager Warren advised he is addressing the trash issue in his City Manager’s report. Adam Villanueva of 166 Jolbert Street voiced his concerns about people putting their solid waste out early. 1 Christian Judson asked Council to consider fireworks permits. He mentioned he noticed that the police cruisers sit at the police station running for long periods of time resulting in high fuel cost. This could be an area to save cost. He also mentioned trailers parked on the side of the road. There’s an Ordinance addressing this so it probably should be looked into. Theodore Bosen of 13 Bisson Road presented his position on local and national matters. He expressed his concern that Berlin could be liable for damages due to civil rights violations arising from Berlin Police Department participation with ICE and HSI operations. He will provide Council with a more detailed letter. UNFINISHED BUSINESS 1. Council Committee Reports There were no Council committee reports. 2. Resolution 2025-06 ILO PD (tabled 4/21/2025) In the Year of Our Lord Two Thousand Twenty-Five A RESOLUTION authorizing the Berlin Police Commission to apply for and accept funds, up to $60,000, from the NH Department of Safety for continuation of the State Homeland Security Grant Intelligence Liaison Officer (ILO) Program. 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 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 provides 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 by the City Council of the City of Berlin, NH, that the Berlin Police Commission is authorized to apply for and accept NH Department of Safety ILO Program funds. Said funds granted to the City of Berlin will be used for the purpose of meeting the expenses directly included in the purpose of the grant during the Fiscal Year 2026. Be it further resolved that the City Manager is authorized to sign the grant documents and execute all things necessary to effectuate the grant. This resolution shall be in full force and effect from and after passage. 2 Councilor Grenier moved, with a second by Councilor Valerino, to remove this item from the table. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-06 by short title for a second time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-06 by short title for a third time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, that Resolution 2025-06 be passed. So moved, the motion passed. 3. Resolution 2025-07 Granite Shield PD (tabled 4/21/2025) In the Year of Our Lord Two Thousand Twenty-Five A RESOLUTION authorizing the Berlin Police Commission to apply for and receive up to $150,000 in grant funds from the NH Department of Safety for the Granite Shield/ Northern Shield, for Fiscal Years 2026 and 2027. Resolved by the City Council of the City of Berlin as Follows: WHEREAS the Berlin Police Department participates in the ongoing opioid grant program; and WHEREAS opioid sales and abuse continue to cause overdoses, deaths, and a rise in serious crimes; and WHEREAS Berlin is not immune to the opioid epidemic, and the Berlin Police Department has confirmed opioid trafficking in Berlin; and WHEREAS the opioid epidemic has not only caused an increase in drug offenses but has affected an increase in property crimes and other non-drug related crimes which are taxing on the Police Department’s and City’s resources; and WHEREAS the New Hampshire Department of Safety recognizes the severity of the opioid crisis and has grant funding available to support the continuation and expansion of successful partnership patrols and joint narcotics enforcement operations. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Berlin, NH, that the Berlin Police Commission is authorized to apply for and receive grant funds from the NH Department of Safety for the Granite Shield/ Northern Shield, for Fiscal Years 2026 and 2027. Said funds granted to the City of Berlin will be used for the purpose of meeting the expenses directly included in the purpose of the grant during Fiscal Years 2026 and 2027. Be it further resolved that the City Manager is authorized to sign the grant documents and execute all things necessary to effectuate the grant. This Resolution shall be in full force and effect from and after passage. Councilor Grenier moved, with a second by Councilor Valerino, to remove this item from the table. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-07 by short title for a second time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-07 by short title for a third time. So moved, the motion carried. 3 Councilor Grenier moved, with a second by Councilor Valerino, that Resolution 2025-07 be passed. So moved, the motion passed. 4. Resolution 2025-08 Eversource PD (tabled 4/21/2025) In the Year of Our Lord Two Thousand Twenty-Five A RESOLUTION authorizing the Berlin Police Commission to apply for and receive grant funds in the amount of $10,000 from the Eversource Charitable Giving Program. Resolved by the City Council of the City of Berlin as Follows: WHEREAS, it is the mission of the Berlin Police Department to provide community-oriented law enforcement, designed to protect life, property and maintain order, while assuring fair and equal treatment for all and to continually enhance the training and expertise of each member of the police force, and WHEREAS, the Eversource Charitable Giving Program provides match-free funding for Community Wellness, and WHEREAS, the Berlin Police Department is always seeking opportunities to provide its’ employees with up to date gear and equipment that benefit Community Wellness. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Berlin, NH, that the Berlin Police Commission is authorized to apply for and receive grant funds from the Eversource Charitable Giving Program. Said funds granted to the City of Berlin will be used for the purpose of purchasing public safety equipment during Fiscal Years 2025 and 2026. Be it further resolved that the City Manager is authorized to sign the grant documents and execute all things necessary to effectuate the grant. This Resolution shall be in full force and effect from and after passage. Councilor Grenier moved, with a second by Councilor Valerino, to remove this item from the table. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-08 by short title for a second time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-08 by short title for a third time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, that Resolution 2025-08 be passed. So moved, the motion passed. 5. Resolution 2025-09 F&G OHRV PD (tabled 4/21/2025) In the Year of Our Lord Two Thousand Twenty-Five A RESOLUTION authorizing the Berlin Police Commission to apply for and accept grant funds in the amount of $15,000 from the New Hampshire Fish & Game Department, Law Enforcement Division, for OHRV patrols for Fiscal Year 2026. Resolved by the City Council of the City of Berlin as Follows: WHEREAS Berlin is the gateway to the Great North Woods where many NH and out-of-state residents come to enjoy outdoor activities such as OHRV riding; and WHEREAS Berlin has designated trails which access local establishments, and more trails will be added through the development of the OHRV park; and WHEREAS young people often use these trails for illegal drinking; and 4 WHEREAS an increased number of people operate OHRVs on City streets to gain access to designated and/or unauthorized trails; and WHEREAS an OHRV operator violating the law is virtually impossible to follow and apprehend with a cruiser; and WHEREAS the Berlin Police Department possesses OHRVs, and officers are certified in the use of these vehicles. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Berlin, NH, that the Berlin Police Commission is hereby authorized to apply for and accept funds for OHRV law enforcement patrol details for Fiscal Year 2026. Be it further resolved that the City Manager is authorized to sign the grant documents and execute all things necessary to effectuate the grant. This Resolution shall be in full force and effect from and after passage. Councilor Grenier moved, with a second by Councilor Valerino, to remove this item from the table. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-09 by short title for a second time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-09 by short title for a third time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, that Resolution 2025-09 be passed. Councilor Grenier questioned if NH Fish & Game also provides funding for the Coos County Sherriff’s office. Councilor Valerino responded that they do but he does not recall the amount. Councilor Grenier commented he remembers this grant being $50,000 for the City of Berlin and last he knew, OHRV registrations haven’t gone down. Councilor Morency commented that as the OHRV’s became more popular, the funding went down. Councilor Grenier suggested discussing with Commissioner Quinn. Councilor Morency responded he is not sure Commissioner Quinn is the person to contact, but it can be brought to the Fish & Game Committee. So moved, the motion passed. 6. Resolution 2025-10 Highway Safety PD (tabled 4/21/2025) In the Year of Our Lord Two Thousand Twenty-Five A RESOLUTION authorizing the Berlin Police Commission to apply for and receive up to $50,000 in grant funds for Speed Enforcement Equipment, Mobile Data Terminal Equipment, Educational Projects, and Enforcement Patrols, from the New Hampshire Highway Safety Agency for Highway Safety Project Grants for Fiscal Year 2026. Resolved by the City Council of the City of Berlin as Follows: WHEREAS voluntary compliance of bicycle, scooter, and skateboard laws is a problem in Berlin, particularly in the downtown area; and WHEREAS DWI offenses are problems in Berlin; and WHEREAS speed and traffic light avoidance are problems which creates unnecessary risk for pedestrian traffic, and designated patrols are needed for enforcement; and WHEREAS the New Hampshire primary child passenger safety law requires that all children up to the age of seven be restrained and properly secured in an approved child passenger safety seat, and everyone up to the age of 18 use a seat belt; and 5 WHEREAS operation of OHRVs on public ways is a concern; and WHEREAS distracted driving is a statewide problem requiring increased public awareness that distracted driving will not be tolerated; and WHEREAS information is available to teach young, inexperienced drivers specific educational experiences that focus on the behavior of vehicles, their limits of operation, and the effectiveness of seat belt use in the operation and occupancy of a motor vehicle, as they do not realize the limitations of vehicles or the harmful impact that alcohol may have on their ability to safely operate a vehicle; and WHEREAS the NH Highway Safety Agency funds local projects to promote designated enforcement and education. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Berlin, NH, that the Berlin Police Commission is hereby authorized to apply for and receive funds for Highway Safety Project Grants. Said funds granted to the City of Berlin will be used for the purpose of meeting the expenses directly included in the purposes of the grants during Fiscal Year 2026. Be it further resolved that the City Manager is authorized to sign the grant documents and execute all things necessary to effectuate the grant. This Resolution shall be in full force and effect from and after passage. Councilor Grenier moved, with a second by Councilor Valerino, to remove this item from the table. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-10 by short title for a second time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-10 by short title for a third time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, that Resolution 2025-10 be passed. Councilor Morency commented this is the same as the previous resolution, funding has decreased over the years. So moved, the motion passed. 7. Resolution 2025-11 US Forest Service PD (tabled 4/21/2025) In the Year of Our Lord Two Thousand Twenty-Five A RESOLUTION authorizing the Berlin Police Commission to apply for and receive up to $10,000 in grant funds from the U.S. Forest Service for the Berlin Cooperative Law Enforcement Agreement. Resolved by the City Council of the City of Berlin as Follows: WHEREAS it is the mission of the Berlin Police Department to provide community-oriented law enforcement, designed to protect life, property and maintain order, while assuring fair and equal treatment for all and to continually enhance the training and expertise of each member of the police force, and WHEREAS the White Mountain National Forest is patrolled by the U.S. Forest Service, and a section of the National Forest is within the jurisdiction of Berlin, NH, and WHEREAS the U.S. Forest Service has limited resources, and provides funding to local departments to supplement patrols to these areas with no required match. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Berlin, NH, that the Berlin Police Commission is authorized to apply for and receive grant funds from the U.S. Forest Service for the Berlin Cooperative Law Enforcement Agreement. Said funds granted to the City of Berlin will be used for the purpose of meeting the expenses directly included in the purpose of the grant during Fiscal Year 2025 and 2026. Be it 6 further resolved that the City Manager is authorized to sign the grant documents and execute all things necessary to effectuate the grant. This Resolution shall be in full force and effect from and after passage. Councilor Grenier moved, with a second by Councilor Valerino, to remove this item from the table. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-11 by short title for a second time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-11 by short title for a third time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, that Resolution 2025-11 be passed. So moved, the motion passed. 8. Resolution 2025-12 EMPG Grant (tabled 4/21/2025) In the Year of Our Lord Two Thousand Twenty-Five A RESOLUTION authorizing the acceptance of grant funds for an Emergency Management Performance Grant. Resolved by the City Council of the City of Berlin as Follows: WHEREAS, the State of NH has offered matching funds ($6,250.00) for the City to replace the emergency transfer switch at its Emergency Operations Center which is located at the Police station. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Berlin as Follows: The Council accepts the terms of the aforementioned Emergency Management Performance Grant as presented in the amount of $6,250.00 for the replacement transfer switch project and that the total cost of the project is $12,500 which the City will be responsible for a 50% match of $6250.00. Furthermore, the City Manager is authorized to take all actions necessary to complete the grant process. This Resolution shall be in full force and effect from and after passage. Councilor Grenier moved, with a second by Councilor Valerino, to remove this item from the table. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-12 by short title for a second time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, to read Resolution 2025-12 by short title for a third time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Valerino, that Resolution 2025-12 be passed. So moved, the motion passed. NEW BUSINESS 1. Resolution 2025-13 SRF NPDES Compliance (1st read) Councilor Higbee moved, with a second by Councilor Morency, to table the Resolution and schedule a public hearing for May 19, 2025. City Manager Warren commented that this is not a loan, it’s a $100,000 grant and 7 comes from statewide revolving funds. The only way they can grant these funds to the City is through principal forgiveness. So moved, the motion carried. a. Ratification of the Fire Department Local 1088 contract. Councilor Grenier moved, with a second by Councilor Valerino, to ratify the cost items between the City of Berlin and Local 1088 International Association of Firefighters. Cost items are as follows; FY2026 $133,009.78 FY2027 $14,547.47 FY2028 $18,192.27 So moved, the motion passed. b. Ratification of the Public Works / Berlin Pollution Control Departments Local 1444 contract. Councilor Grenier moved, with a second by Councilor Valerino, to ratify the collective bargaining agreement between the City of Berlin and AFSCME Local 1444. Cost items are as follows; FY2026 $81,080.06 FY2027 $76,570.77 FY2028 $80,322.89 So moved, the motion passed. 2. City Manager’s Report 1. Attached is the March 2025 Activity Report for the Police Department. 2. Attached are the March and April 2025 Activity Reports for the Fire / EMS Department. 3. To correct the damage at the Horne Field tennis courts we contacted the vendor and we are told that repairs will be just short of $5000. The courts will be opened to the public this week, signage will be installed and the area will be monitored. 4. Work has begun in converting the old courts on Glen Avenue to pickleball courts, using staff to perform the work. We should have the work completed by July 1, weather and staff permitting. 5. As a reminder, solid waste shall not be left at the curb the night prior. There have been reports of animals getting into solid waste left out inappropriately. City Manager Warren commented he gets asked two questions a lot. The first one being why can’t we put the lines down all the time. He advised that they follow the interscholastic association regulations for tennis which state that the only lines allowed on the court are for tennis. The second one being there was just a little adhesive left. He commented this is not true, when the tape was applied by the people that forced their way in the tennis court, it removed the finish. This was referred to the Berlin Police Department as there was forced entry and damages to the property which could lead to criminal prosecution. Councilor Grenier moved, with a second by Councilor Valerino, to accept the City Manager’s report as presented and place it on file. So moved the motion carried. 3. Mayor’s Report a. Letter from Police Commissioner – M. Tremblay Dear Mayor and City Council, Please accept this letter as formal notice that I will not be seeking renewal of my term on the Berlin Police Commission. My term expires on July 31, 2025. With deep consideration following my ten-year service on the Berlin Police Commission, I have decided to step down, allowing you to appoint a candidate with fresh ideas, new perspectives and a broader vision for the Berlin Police Department. I have been proud to serve the Department in this capacity, and have been impressed with the Department's accomplishments over the years. I would like to express my gratitude for the opportunities and experiences I 8 have gained during my time on the Commission and value the professional relationships I have developed over the years with the Department's Chief, Deputy Chief, officers and staff. In light of the new Chief hire, as well as the ongoing contract negotiations, I would be willing to extend my term until the end of 2025 to ensure a seamless transition process. I will be available to assist with and provide any support needed. I wish the Berlin Police Department continued success, and in the future if my services would be needed, I would consider a return to this Commission! Sincerely, Marc D. Tremblay Berlin Police Commission Chair Councilor Grenier advised that the City Charter reads that Commissioner Tremblay needs to serve his term and replaced only when a new person is nominated by the Mayor and subject to Council’s approval. Mayor Cone personally thanked the Berlin Fire Department for an incident at his home this past weekend. They responded quickly and did an excellent job. Councilor Grenier moved, with a second by Councilor Valerino, to accept the Mayor’s report as presented and place it on file. So moved, the motion carried. 4. Public Comments Deb Berntsen of 662 Trudel Street commented she went by the pickle ball court today and there were kids on their bikes on the court. Christian Judson asked if there are any costs to the City of Berlin when Gorham EMS assists. City Manager Warren responded there are mutual aid agreements for both EMS and Fire suppression. The way the agreement works is they don’t charge us and we don’t charge them. Micah Bachner of 59 High Street relayed a personal story regarding his experience in the military. 5. Council Comments Councilor Higbee commented he is delighted and appreciates that more people are attending the City Council meetings. 6. Adjournment On a motion by Councilor Higbee, seconded by Councilor Grenier, the Council voted to adjourn the meeting at 8:10 pm. So moved, the motion carried. Respectfully Submitted, Danielle Rioux Executive Assistant Note: Approved minutes as amended 5/19/2025. 9