City Council

City Council Work Session July 7, 2025 Present were: Mayor Cone, Councilors Higbee, Theberge, Korzen, Grenier, Qualls, Valerino, Berthiaume and Morency. Others present: City Manager Phillip L. Warren Jr., Dir. Of Strat. Initiatives and Asst. City Mgr. Pamela Laflamme, Finance Director Holly Larsen, City Clerk Shelli Fortin, Chief of Police Jeff Lemoine, Library Director Ann Brungot, Representative Lori Korzen, Jake McManus of North South Construction, Jarrett Everton of W.L. French, Eric Steinhauser of Sanborn Head Associates, Scott Tranchemontagne of Montagne Powers, Ray Danforth, Kirt Mayland of Vermont Law and Graduate School, Lisa Connell, Berlin Daily Sun and Members of the Public. Mayor Cone opened the meeting at 6:30p.m. Councilor Valerino moved with a second from Councilor Berthiaume to enter into Non-Public Session per RSA 91-A:3 II; (c) Matters which, if discussed in public, would likely affect adversely the reputation of any person. The motion carried unanimously by roll call. The release of the minutes from the July 18, 2022 non-public session was discussed. Councilor Berthiaume moved with a second from Councilor Morency to unseal the minutes from the July 18, 2022 non-public session. The motion carried by roll call vote with the majority in favor. Councilor Grenier abstained. At 6:33p.m., Councilor Valerino moved with a second from Councilor Korzen to come out of non-public session and return to the City Council work session. The motion carried unanimously by roll call. Mayor Cone advised there is a change in the order of the work session agenda items. They will address the Northwoods Mobile Home Park request first. Northwoods Mobile Home Park Payment in lieu of Taxes request Kirt Mayland of Vermont Law and Graduate School is here this evening representing North Woods Mobile Home Park Cooperative. He provided a draft PILT agreement which was linked to the agenda. He is looking to initiate PILT negotiations. Councilor Grenier discussed other PILT agreements the City currently has with other organizations and suggested the draft PILT agreement is reviewed by the City’s legal counsel. Mr. Warren commented he will send the draft PILT to the City’s legal counsel and begin negotiations with Mr. Mayland. Dummer Yard Mayor Cone reminded attendees there are no public comments during work session. Public comments will be allowed during the regular council meeting. Jake McManus of North and South thanked Council for letting them attend this evening to present their project. He advised that LFOD Northwoods, LLC is a partnership between two organizations; W.L. French represented tonight by Jarrett Everton and North and South Construction Services represented by himself. The engineering and design partner is Sanborn Head Associates represented tonight by Eric Steinhauser and lastly the communication partner is Montagne Powers represented tonight by Scott Tranchemontagne. He stated that the information presented today reflects their current development phase. As testing design progresses, they will be able to provide the Council and the community with accurate science-based updates. Their goals include intending to initiate a comprehensive testing program at Dummer Yard to more closely evaluate and ultimately properly cap and maintain an abandoned landfill. To date, they’ve already invested over $800,000 and plan to invest another $2,500,000 in project costs just to gather all the information required to submit a permit. Tonight’s goal and primary objective is to demonstrate why this repurposing project is in the best interest of Berlin and answer any questions to the best of their ability. They are prepared to make a substantial investment and are requesting Council’s support as they move forward. The path forward consists of two options. Option one is to take no action which will allow leachate to continue flowing uncontrollably through a residential neighborhood. The inaction has already cost the City over $120,000 in taxpayer funded treatment annually while back taxes on the property continue to grow currently at over $130,000. Option two is to support the Dummer Yard repurposing project. This path includes fully financing the remediation effort, recapping and managing the hazardous site and transforming it into a safely monitored, maintained, tax paying asset that generates a tipping fee for the City. They are here tonight to ask for the Council’s support in choosing the second option. Eric Steinhauser led the presentation which included an overview of the project components, goals, and benefits to the City. Following the presentation, questions were asked by Council and answered by team members. Vacant Legislative Seat City Clerk Shelli Fortin advised there is a vacant State Representative seat due Councilor Valerino accepting a position at the State Prison. She has not officially received a resignation yet. Councilor Valerino advised he submitted a resignation to the Secretary of State. Ms. Fortin stated she was advised by the Secretary of State’s office that it is a City decision to fill that position with a special election. The Council can choose whether to fill it or not. If choose to fill it, a request can be made to the Governor’s office, and the request can be combined with the municipal election however that is not guaranteed. It will be up to the Governor. Also consider, since it is a bipartisan election, if there is more than one person that files for candidacy on either side, the City will need to also hold a primary. That would double the cost of the election. It’s about $5,000 for one election so it would be about $10,000 for two. Councilor Grenier commented that right now there are two State Representatives that represent the City of Berlin in Concord out of 400 members. He thinks it’s important to have a third one. Councilor Grenier moved to send a letter to Governor and Council requesting the election of a State Representative at the municipal election. Councilor Qualls seconded, and the motion carried with the majority in favor. Councilor Valerino abstained. At 7:53 p.m., there being no further business in Work Session, Mayor Cone moved on to the Regular Meeting. Respectfully Submitted, Danielle Rioux Executive Assistant *Minutes are unofficial until they have been accepted by the City Council by motion. CITY COUNCIL MEETING – Monday, July 7, 2025 Public Hearing Mayor Cone opened the Public Hearing at 7:53 pm for Resolution 2025-16 NHSL Summer Learning Grant. There were no public comments. Mayor Cone closed the Public Hearing at 7:53 pm. Regular Meeting Mayor Cone called the Regular City Council Meeting to order at approximately 7:53 pm. a. Pledge of Allegiance b. Roll Call Present: Mayor Cone, Councilors Qualls, Higbee, Berthiaume, Morency, Valerino, Grenier, Korzen, and Theberge Absent: None Also present: City Manager Phillip Warren, Jr., Director of Special Initiatives Pamela Laflamme, Finance Director Holly Larsen, Library Director Ann Brungot, Police Chief Jeffrey Lemoine, Roland Sanschagrin, William White, Andre Bergeron, Christian Judson, Jamie Welsh, Gina Welsh, Theodore Bosen, Janet Tremblay, Matthew Chernicki, other members of the public, and Lisa Connell, Berlin Daily Sun. c. Councilor Theberge moved, with a second by Councilor Morency, to accept the minutes of the June 16, 2025, Regular Meeting and Work Session. So moved, the motion passed. Disbursements: Disbursement Summary Draft # 1988 with a start date of 06/17/2025 and an end date of 07/07/2025 for a total cash disbursement of $1,071,559.61. Councilor Theberge moved, with a second by Councilor Korzen, 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 Joe Miller, of Forbush Avenue, spoke in opposition to the Dummer Yard proposal. Mr. Miller read a prepared statement: “Hello, my name is Joe Miller. I am a current Berlin resident and live on Forbush Ave with my wife, Valerie. I’m here to address the negative impact of a second landfill at Dummer Yard. 1. Multiple academic studies show that landfills depress property values. Studies have found homes near landfills lose from 5–13% of their assessed value. In many of these studies it takes decades post closure to see any growth in property values near the landfills. This has likely already taken place with the Mt. Carberry landfill, which was recently expanded, with capacity now extending into the 2040s. A reduced tax base forces the tax rate higher, raising taxes for all, regardless of proximity to the landfill. Two landfills with the closure of the biomass plant will doom the city to a decade of sustained property tax increases. 2. This second landfill will have a negative impact on traffic. The additional 65 truckloads daily (over 16,000/year) will worsen road conditions, spike maintenance costs, and demand more public safety oversight—all paid by us. 3. The $1 million per year payoff to the city won’t offset the fallout Tipping fees won’t make up for the citywide decline in property values. Even if you add the income from back taxes and landfill operations, the broader economic damage from depressed real estate values will out match this modest revenue. Having two significant landfills adjacent to such a large residential area discourages people from moving to the east side and thus, more vacant houses, and less property taxes. 4. This proposal isn’t remediation, it is maintenance. The developers are not remediating the site. They will be replacing parts within the site, adding plastic caps and mowing. This project will further suppress any sustainable business development in town. $5-10 million dollars will not offset the real long term harms this proposal will inflict on Berlin. 5. Environmental science is always changing based on new evidence. Just because the developers hired expensive, credentialed environmental consultants doesn’t mean that there are no environmental harms 1 associated with this project. Expensive credentialed consultants oftentimes provide incorrect conclusions and are not paid to look out for the best interests of this community. They care about billable hours and leveraging current law to the best interest of their clients. We are an externality to them. An externality is a cost of an economic activity experienced by an unrelated third party i.e. ALL OF US 6. Conclusion The landfill promises few permanent jobs and locks the community into a reputation that will push away families, remote workers, and other industries who are looking to invest in healthy, livable towns. The landfill will likely increase property taxes, discourage economic development, and will create a permanent scar on the face of Berlin’s natural landscape. Berlin already knows the economic toll of contamination. At sites like Chor Akoli and Dummer Yard, the long-term costs—environmental, reputational, and economic— far outweigh any short-term gains. Why repeat that history? Real growth for rural communities comes from investing in sustainable business development, embracing all forms of outdoor recreation, and revitalizing downtowns—not becoming a dumping ground for regional industrial waste. We don’t need a 2,000-foot garbage pile (that is the proposed height of the landfill) defining our landscape and shrinking our future. Berlin can have a brighter future. Let’s build a lasting, sustainable economy, not bury one beneath someone else’s waste. Please reject this proposal and focus on our community’s health, natural landscape and economic future. Thank you.” Jamie Welsh, of 102 Church Street, spoke concerning the request for a PILT agreement from Northwoods Mobile Home Park. Mr. Welsh noted that this is different than other PILT agreements the City has made, as this is a private community for private citizens that are receiving grant money for a solar project. This is not a business coming to town that will provide jobs, and they should be paying taxes on the property. Mr. Welsh also spoke in opposition to the Dummer Yard project, noting that this is a great business deal for people from away and that what happens today will impact what happens down the road. Mr. Welsh noted that Dummer Yard was a landfill that did follow regulations that failed, and that this project can follow best practices today, and may still fail. Mr. Welsh noted that there will be a lot of additional trucks in the neighborhood, and there is already a lot now. Mr. Welsh noted that if the landfill is abandoned, then who is the company buying it from? Mr. Welsh stated that $10 million seems like a lot of money but spread over 10 years it is not. Mr. Welsh noted that just fixing the roads would be $1 million. Mr. Welsh stated that we are not adding a new school or infrastructure, and that, at best, the additional revenue might save a little on the tax rate. Mr. Welsh stated that they are not here because it is an easy place to put a landfill, they are here because they think we are stuck. Mr. Welsh asked if it is worth the gamble. Christian Judson, of 473 Forbush Avenue, shared concerns about the Dummer Yard project, noting that digging up the area may create more smell, and that clearing the area may cause landslides with the rain. Mr. Judson stated he thinks they should just leave it as is and fix the pumping station. Mr. Judson asked what the developers are getting out of it, and noted that silica also causes cancer. A resident of Derrah Street noted that the proposed Dummer Yard project is in her backyard, and she cannot understand why the dumping of soil, contaminated or not, would be considered for a residential area. Ms. O’Neil noted that there will be increased dust, noise, and truck traffic, and begged the Council to rethink this. Theodore Bosen, of 11 Bisson Road, noted that he was originally predisposed against the proposed Dummer Yard project, but has done some research. Mr. Bosen noted that he is familiar with the body of work on property values, and noted that generally values do decrease in proximity to a landfill. However, Mr. Bosen noted that the surrounding properties are already next to a landfill, and that there is uncertainty concerning the current landfill. Mr. Bosen noted that there could be PFA’s, or other difficult chemicals to deal with, that are spreading to adjacent streets. Mr. Bosen noted that if people know the area is being remediated, they may be more likely to purchase property in the area. Mr. Bosen noted that when the mill was operating, there was a lot of truck traffic. Mr. Bosen stated that taxes will be paid on the property, and the City will receive an estimated $10 million in fees. Mr. Bosen urged people to take a hard look before deciding for or against the project, emphasized the importance of considering the property owners’ opinion in that area, and urged residents to keep an open mind. Gina Welsh, of 102 Church Street, stated that she has heard a lot of contradictions in the Dummer Yard discussions between the presentations and the answers to questions. Ms. Welsh asked if the developers would like to live next to this landfill. Ms. Welsh noted that any income received by the City would need to be used to fix problems that come with the project. Ms. Welsh noted that a similar project in New York built a 2 recreational area on top of the landfill after closure, however we do not need another recreational area as we already have plenty of these available. Ms. Welsh shared concerns about leakage, and noted that we need to do better for our children and grandchildren. Ms. Welsh noted that this project directly impacts the residents of the City, and she does not consider this a solution. Lori Korzen, of Kent Street, asked those in attendance to take a moment to remember what happened yesterday in the City and think of Domestic violence survivors. Ms. Korzen noted that the police did an amazing job and should be thanked. Ms. Korzen also noted that as a State Representative she has received many comments about the Dummer Yard project, and that the public by far does not want this in their backyard. Ms. Korzen also noted that $10 million will not help the property tax, and asked if we were willing to risk our health? Ms. Korzen stated that we need to look toward a brighter future. UNFINISHED BUSINESS 1. Council Committee Reports Councilor Morency noted that a Traffic Safety Committee meeting will be scheduled for July 21 at 5:00 pm. 2. Resolution 2025-16 NHSL Summer Learning Grant (tabled 6/16/2025) In the Year of Our Lord Two Thousand Twenty-Five A RESOLUTION authorizing an application to New Hampshire State Library, Summer Learning Grant 2025 provided by the Saul O. Sidore Memorial Foundation in Memory of Rebecca Lee Spitz, in the amount of $500, for the purpose of supporting the expansion of the 2025 Summer Reading Program at Berlin Public Library. Resolved by the City Council of the City of Berlin as Follows: WHEREAS, Berlin Public Library remains committed to continually enriching the educational and recreational offerings to the youth of Berlin through its Summer Reading Program; and WHEREAS, we endeavor to broaden access to non-traditional literary formats for youth, including large print books, audiobooks, graphic novels, and similar resources; and WHEREAS, we aim to foster sustained juvenile readership and year-round literacy by providing appealing books as incentives for participation. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Berlin as Follows: That the City Manager is authorized to receive grant funds in the amount of $500 from New Hampshire State Library, Summer Learning Grant 2025 provided by the Saul O. Sidore Memorial Foundation in Memory of Rebecca Lee Spitz, and the grant proceeds are hereby appropriated for the purpose of the grant, and all grant proceeds shall be deposited with the City Treasurer, and the City Manager is authorized to do all things necessary to effectuate this grant. This Resolution shall be in full force and effect from and after passage. Councilor Grenier moved, with a second by Councilor Berthiaume, to remove this item from the table. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Berthiaume, to read Resolution 2025-16 by short title for a second time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Berthiaume, to read Resolution 2025-16 by short title for a third time. So moved, the motion carried. Councilor Grenier moved, with a second by Councilor Berthiaume, that Resolution 2025-16 be passed. So moved, the motion passed. 3 NEW BUSINESS 1. City Manager’s Report 1. Attached is the May 2025 Activity Report for the Police Department. 2. We are being charged approximately $105,000 for our share of the NH Interlocal Trust shortfall. Per the risk pool agreement, members are responsible for their portion of any deficits in the pool. As this winds down it is anticipated that there may be a total short fall of $2.5 mm and Berlin’s share of that is 4.22% of the total amount. Please note that this is an anticipated shortfall, subject to final resolution. Obviously, this amount was not anticipated or budgeted for, nonetheless it remains due. City Manager Warren advised that the money for the anticipated NH Interlocal Trust shortfall will be paid out of 2025 funds, which will further reduce the available fund balance. Mr. Warren advised that they are no longer in a risk pool for insurance, but a premium based program. Mr. Warren recommended that the City not participate in a risk pool again, unless there is transparent and participatory management. Councilor Valerino moved, with a second by Councilor Morency, to accept the City Manager’s report as presented and place it on file. So moved the motion carried. 3. Mayor’s Report a. 2nd Annual Riverside Run, Walk, or Roll 5K City Council – Berlin, NH Riverside Assembly of God, a church in the Berlin-Gorham community humbly requests the use of City of Berlin property to host the 2nd Annual Riverside Run, Walk, or Roll 5K on Saturday, August 16, 2025, at 09:00AM. A “run, walk, or roll” 5K ensures all members of our community are welcome to participate including those in powered and non-powered wheelchairs, mobility scooters, and strollers, however, this does not included bicycles (motorized or otherwise). The purpose of this 5K is to fundraise to send Berlin-Gorham youth to Youth Convention in the fall and to participate in Fine Arts competition. This 5K will utilize sidewalks on Main St, Bridge St, and Hutchins St, and roads on Woods St and Horne St (please see attached route plan). This is the same route as last year that was vetted through the Berlin Police Department to avoid crossing intersections. We will maximize the use of volunteers to ensure safety of every runner. As part of this request, we would like to utilize the Chamber of Commerce parking lot for the start/finish line and place one porta-potty in the parking lot for the event. Please do not hesitate to contact me with any questions at 603-723-4425 or riversidegorham@gmail.com. Sincerely, Anthony R. Bolens Senior Paster Riverside Assembly of God – Gorham, NH City Manager Warren advised that he spoke with Deputy Chief Roy concerning this request, who advised that this is the same plan as last year. It was suggested that Mr. Bolens contact the Chamber of Commerce directly concerning the use of the parking lot. Councilor Korzen moved, with a second by Councilor Valerino, to approve the request for the 2nd Annual Riverside Run, Walk, or Roll 5K, planned for August 16, 2025. So moved, the motion carried. b. Moment of Silence Mayor Cone requested those in attendance observe a moment of silence to remember Marisol Fuentes, whom he described as a bright light lost to a violent act. Mayor Cone noted that this tragedy brings the issue of Domestic Violence to light. 4 A moment of silence was observed. Councilor Korzen moved, with a second by Councilor Morency, to accept the Mayor’s written and verbal report as presented and place it on file. So moved, the motion carried. 4. Public Comments There were no public comments. 5. Council Comments Councilor Morency asked about motorized scooters and wheelchairs on the Riverwalk, and Director of Strategic Initiatives Pamela Laflamme advised that they are allowed. 6. Adjournment On a motion by Councilor Higbee, seconded by Councilor Berthiaume, the Council voted to adjourn the meeting at 8:33 pm. So moved, the motion carried. Respectfully Submitted, Shelli Fortin City Clerk Note: Minutes are unofficial until they have been accepted by the Council by motion. 5