City Council

City Council Work Session October 20, 2025 Present were: Mayor Cone, Councilors Korzen, Grenier, Plourde, Higbee, Qualls, Theberge and Morency. Councilor Valerino was absent. Others present: Dir. Of Strat. Initiatives and Asst. City Mgr. Pamela Laflamme, City Clerk Shelli Fortin, Finance Director Holly Larsen, Chief of Police Jeff Lemoine, Jarad Vartanian via Zoom, Lisa Connell, Berlin Daily Sun and Members of the Public. Mayor Cone opened the meeting at 6:30 p.m. in the council chambers. Presentation of Plaque to Diana Berthiaume Mayor Cone presented a plaque to former Councilor Diana Berthiaume who now serves as a member of the Police Commission. He honored her past and continued years of dedication to the City of Berlin by reading a recognition letter. Recognition of Berlin Boom Piers Softball and Soccer Mayor Cone welcomed and thanked all the children, coaches and parents present this evening representing the Berlin Boom Piers. He acknowledged the volunteers who worked tirelessly to make this a successful program for the youth. A few young athletes spoke and thanked the Mayor and Council for their support. They presented a uniform shirt to Mayor Cone with the number 45 on it as he is the 45th Mayor of Berlin. They also presented a plaque with a picture of the soccer team thanking the Mayor & Council and the Berlin Airport Authority. Mayor Cone recognized the Berlin Airport Authority for allowing the use of the field and acknowledged the hard work from Berlin Boom Piers volunteers who upgraded the field and dugouts. A volunteer coach spoke and thanked all the volunteers and parents for making this program successful. Mayor Cone moved the work session back to the conference room off the council chambers. FY2023 Audited Financial Statements Jarad J. Vartanian, CPA of Vachon Clukay & Company presented the FY2023 audited financial statements via Zoom. Mr. Vartanian prepared a power point presentation for Council which reviewed the financial highlights of the FY2023 audited financial statements. Questions from the Mayor and Council regarding the audit were asked and answered by Mr. Vartanian. 2025 MS-1 Ms. Laflamme presented the 2025 MS-1. She advised the total assessed value is $747,580,967. She recommends Council votes to approve the 2025 MS-1 as presented and sign the document. Councilor Grenier questioned why the PILT agreement with North Country Growers shows the amount for FY2025 as $200,000, but in the 2025 MS-1 it’s $75,000. Finance Director Holly Larsen responded that our third-party assessor uses actual versus estimated when reporting on the MS-1. It’s not based on the PILT agreement, it’s based on actual cash received. She commented Council will need to get more information from Monica of Northland Property Valuations, LLC who is our assessing agent. Councilor Theberge moved, seconded by Councilor Morency, to accept the 2025 MS-1 as presented. Councilor Grenier commented he is uncomfortable moving forward with approving the presented 2025 MS-1 and would like to have Monica attend the next Council meeting to explain the discrepancy. Councilor Theberge rescinded his motion, Councilor Morency rescinded his second to the motion and Council agreed to have Monica come in at the next Work Session. Councilor Korzen questioned what the difference would be if the amount was entered as $200,000 versus the current amount of $75,000. Ms. Larsen responded it wouldn’t make much of a difference as far as the MS-1 goes as it’s such a small amount. Councilor Korzen commented that at this point it’s just a question of clarity and is wondering if that clarity should hold up the process. Mayor Cone confirmed they will ask Monica to attend the November 3rd meeting to clarify. Council Committee Assignments Discussion Mayor Cone suggested that Councilor Plourde assume the same committee roles as Councilor Berthiaume did which includes Traffic Safety Committee, Committee on Elections and Ex-Officio Member on the BIDPA Board. He asked Councilor Plourde his thoughts on this. Councilor Plourde stated he already committed to the BIDPA Board but would like to wait for the Traffic Safety Committee if at all possible. Mayor Cone assigned Councilor Korzen as a regular member of the Traffic Safety Committee and assigned Councilor Plourde as the alternate. Ms. Laflamme advised the presented Council Committee assignment document lists Councilor Morency as the Ex-Officio member on the Planning Board, but it is actually Councilor Grenier. The document will be updated with all changes. Councilor Morency reminded Council there is a City Council Rules and Order policy in place which has not been followed recently, especially in regard to the time limit under the Public Comment Rules of Conduct. Mayor Cone apologized for being cavalier on the matter as the Chair and will make sure to follow the policy moving forward. Glen Avenue Paving Discussion Mayor Cone discussed the 10-year plan that was presented by NHDOT here at City Hall on October 6. The original plan was to have the Glen Avenue paving done FY27-28 in line with the RAISE Grant. That is no longer happening, it has been pushed out to tier 5, which is at the end of the 10-year plan and is not guaranteed as they will be removing 39 projects. The City is pretty much on their own with the Glen Avenue paving project. He obtained costs from City Manager Warren which were broken down over a 2-year plan. Part one would be earmarked in the FY27 budget and cover from Cleveland Bridge to Green Square at a total cost of $301,000. Part two would be earmarked in the FY28 budget and cover from the Cleveland Bridge to the City line at a total cost of $532,000. Councilor Grenier commented that the project wasn’t eliminated, the engineering was pushed out to 2030 and construction 2035. He commented that Mayor Cone is proposing spending over half a million dollars from the Cleveland Bridge up which in that area has infrastructure that needs to be dug up so he doesn’t think it would be good to spend all this money to pave when a pipe could break at any time. He feels mill and overlay from both sides from Veteran’s Park, North and South to Exchange Street would be a better use of taxpayer money. Councilor Korzen asked if the amounts obtained are for contracting out or doing all the work ourselves. Mayor Cone responded he doesn’t know what the amounts include as Mr. Warren obtained the amounts from a computer program for road management. Councilor Korzen stated he agrees the roads needs work sooner rather than later, but it still needs to be done right. Mayor Cone stated that is why he asked for this discussion to get input from the Council and feels it would be a good idea to earmark for FY27 and FY28. Councilor Theberge commented he is in favor of updating the roads and doing it properly. He stated that the two major complaints he gets from Taxpayers are the condition of the roads and complaints about the schools. Mayor Cone asked for a motion to earmark $300,000 for FY27. Councilor Grenier stated this is a budget item. It could be added as a capital improvement project. Then there will be a public hearing, and the citizens will have an opportunity to voice their opinions. If $350,000 is added to the budget for this item, that’s a $0.50 increase in the tax rate. Mayor Cone commented this will be addressed during the FY27 budget process. At 7:42 p.m., there being no further business in Work Session, Mayor Cone recessed before moving 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, October 20, 2025 Public Hearing Mayor Cone opened the Public Hearing on Ordinance 2025-02 Motor Vehicle Storage at 7:50 pm. There were no public comments. Mayor Cone closed the Public Hearing at 7:50 pm. Regular Meeting Mayor Cone called the Regular City Council Meeting to order at approximately 7:51 pm. a. Pledge of Allegiance b. Roll Call Present: Mayor Cone, Councilors Qualls, Higbee, Plourde, Morency, Grenier, Korzen, and Theberge Absent: Councilor Valerino Also present: Director of Strategic Initiatives Pamela Laflamme, Finance Director Holly Larsen, City Clerk Shelli Fortin, Police Chief Jeffrey Lemoine, Theodore Bosen, Matthew Chernicki, Janet Tremblay, 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 October 6, 2025, Regular Meeting and Work Session. So moved, the motion passed. Disbursements: Disbursement Summary Draft # 1995 with a start date of 10/07/2025 and an end date of 10/20/2025 for a total cash disbursement of $1,069,304.19. 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 Janet Tremblay, of 15 Countryside Avenue, asked why there was no annual booklet with property values. Ms. Tremblay felt that his should be made available to the public to see how much people pay for taxes. Director of Strategic Initiatives Pamela Laflamme advised that this booklet is not mailed to the public, however the information is available on the website or in the assessing office. Matthew Chernicki noted that he would like information on the PILT agreement with the biomass plant and the greenhouse. Mr. Chernicki also asked for an update on the RAISE grant, and acknowledged the public meetings held last week on this topic. Mr. Chernicki asked for an update on handicap accessibility for City Hall. Mr. Chernicki asked about a homeless shelter, and noted that the City should back Whitehorse Recovery on this project. Mr. Chernicki noted the successful Riverfire event, along with the Recovery Walk, and thanked everyone involved. Mr. Chernicki noted that Chief Lemoine attended the Recovery Walk and stated that the City made the right decision in hiring Lemoine as Chief. Theodore Bosen, of 13 Bisson Road, noted that he submitted a letter to the Council analyzing the main points of the report on the Marisol Fuentes murder. Mr. Bosen asked that the letter be made a part of the record. Mayor Cone advised Mr. Bosen that it was received by Council members and would be added under the Mayor’s Report. UNFINISHED BUSINESS 1. Council Committee Reports There were no Council Committee Reports. 2. Ordinance 2025-02 Motor Vehicle Storage (tabled 10/6/2025) 1 In the year of our Lord Two Thousand Twenty-Five AN ORDINANCE amending the Code of Ordinances of the City of Berlin, Chapter 17, Zoning, specifically Section 17-181; Be it ordained by the City Council of the City of Berlin as follows: Sec. 17-181. Junk Motor Vehicles No more than one (1) motor vehicle which does not have a valid state motor vehicle inspection sticker registration may be stored outside of a building on a lot. This provision shall not apply to a licensed new or used motor vehicle dealer or a licensed junk motor vehicle dealer as defined in RSA 236:112, as amended, or to vehicles and equipment solely used for agricultural purposes. (Ord. 1/7/08) This Ordinance shall be in full force and effect from and after passage. Councilor Grenier moved, with a second from Councilor Higbee, to remove Ordinance 2025-02 from the table. So moved, the motion carried. Councilor Grenier moved, with a second from Councilor Higbee, to read Ordinance 2025-02 for a second time. So moved, the motion carried. Councilor Grenier moved, with a second from Councilor Higbee, to read Ordinance 2025-02 for a third time. So moved the motion carried. Councilor Grenier moved, with a second from Councilor Higbee, to pass Ordinance 2025-02. So moved, the motion carried. Councilor Morency noted that the change to the Ordinance was made in response to the change in the State inspection law. NEW BUSINESS 1. Resolution 2025-24 DES GSCF 10 Wheel Truck Replacement (1st read) Councilor Grenier moved, with a second by Councilor Higbee, to table the Resolution and schedule a public hearing for November 3, 2025. So moved, the motion carried. 2. Resolution 2025-25 Assistance to Firefighters Grant FD (1st read) Councilor Grenier moved, with a second by Councilor Higbee, to table the Resolution and schedule a public hearing for November 3, 2025. So moved, the motion carried. 3. Resolution 2025-26 Homeland Security Grant FD (1st read) Councilor Grenier moved, with a second by Councilor Higbee, to table the Resolution and schedule a public hearing for November 3, 2025. So moved, the motion carried. 4. City Manager’s Report 1. Attached is the September 2025 Real Estate Transfer Report. 2. The City’s parking ban starts on November 1. No vehicles shall be parked on City streets between the hours of Midnight and 7:00 a.m. Overnight parking is allowed in the parking lot adjacent to the Salvation Army. 3. The trailer on Pleasant Street has been removed. 4. The Police department has been instrumental in removing trailers parked in violation of the new ordinance, their assistance is appreciated. 2 Director of Strategic Initiatives Pamela Laflamme advised that Candidate’s Night will be held at City Hall on Wednesday from 6:00-8:00 pm. The Community Builders Hub will be facilitating the event. Ms. Laflamme advised now that the 2023 audit is completed, the 2023 annual report will go out. Ms. Laflamme noted that property values could be included in the report in the future if the Council so wished. Councilor Grenier 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. 5. Mayor’s Report a. Proclamation – Extra Mile Day WHEREAS, Berlin NH is a community which acknowledges that a special vibrancy exists with the entire community when its individual citizens collectively “go the extra mile” in personal effort, volunteerism, and service; and WHEREAS, Berlin NH is a community which encourages its citizens to maximize their personal contribution to the community by giving of themselves wholeheartedly and with total effort, commitment, and conviction to their individual ambitions, family, friends and community; and WHEREAS, Berlin NH is a community which chooses to shine a light on and celebrate individuals and organizations within its community who “go the extra mile” in order to make a difference and lift up fellow members of their community; and WHEREAS, Berlin acknowledges the mission of the Extra Mile America to create 550 Extra Mile cities in America and is proud to support “Extra Mile Day” on November 1, 2025. NOW THEREFORE I, Mayor of Berlin, New Hampshire do hereby proclaim November 1, 2025, to be Extra Mile Day. I urge each individual in the community to take time on this day to not only “go the extra mile” in his or her own life, but to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations, families, community, country or world a better place. Mayor Cone highlighted the Recovery Walk and Riverfire events, thanking volunteers for the efforts they make for the City. b. Letter from Theodore Bosen re: Marisol Fuentes Report Hon. Mayor Cone, City Council, and Police Commission: The recently released report by the New Hampshire Supreme Court Committee on the Marisol Fuentes murder https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2025-08/8.25.25_GleasonReportFinal.pdf) is much more of an indictment of the Berlin Police than of any judicial officers. Michael Gleason was charged on April 26, 2025, with three major felonies, including aggravated sexual assault and kidnapping, alleged to have taken place on the morning of April 25th against victim Marisol Fuentes, his wife, at the marital abode on Hillside Avenue. There was no recording made of the first bail hearing, by telephone, on April 27th, nor documents submitted, but the Committee assumed the bail argument would have been substantially the same as that presented at 2 PM the next day at the Arraignment hearing by the same police prosecutor, which was recorded, and in which the Probable Cause Affidavit used to support the charges was submitted in support of oral argument. That Probable Cause Affidavit and the recording of the hearing are available upon request at the Berlin Court, Criminal Division [State v. Gleason, 423-2025- CR-184 (Apr. 28, 2025)]. As the Committee Report accurately describes, in the Arraignment hearing, the Berlin Police Prosecutor relied upon the affidavit as evidence of dangerousness in requesting that Gleason be detained until trial, adding only a couple more facts, those being that Gleason attempted to flee upon being approached by 3 arresting officers and that he had Fuentes’ phone on him. The facts in the affidavit were left to speak for themselves on the issue. They detailed the alleged unconsented sexual assault, physical restriction of movement of approximately one hour, verbal abuse, and theft of cash. The State’s argument ended by stating that Fuentes was finally, after about an hour or so, allowed to leave the house and go to work, then left work to spend the day with a friend. Only at the end of the day did the friend call police to report the incident. The required evidence for detaining a defendant without bail on the grounds of dangerousness, however, must constitute “clear and convincing” evidence, the highest civil standard of proof – far more than the “probable cause” standard needed to bring charges. Case law in New Hampshire defines dangerousness for such purposes as consisting of credible threats of imminent physical violence, and in particular, an ongoing pattern of behavior exhibiting such. In the case of “Intimate Partner Violence (IPV),” that often also means repeated attempts by the defendant to possessively control and manipulate the victim partner by restricting her time with friends, family, and other objects of his jealousy, as well as interfering with work, medical needs, use of personal property, and access to the home, vehicles, and finances. The presence and proliferation of firearms is most often also an element of imminent threat in assessing dangerousness. One key to the existence of such evidence of dangerousness in this case is the statement by the affiant that Fuentes was “screened through our Domestic Violence LAP (Lethality Assessment Program) form.” This form is a collection of questions and responses designed to uncover signs of dangerousness that amount to potential life-threatening behavior by the abuser. A blank form, unfilled-out, is attached as an exhibit to the Report, but there is no completed form in the court record, nor was there any presentation to the Arraignment judge of any of the contents of that screening. As a result of the screening, according to the affiant, he gave Fuentes information about the “Response” organization. There was no indication in the record, however, of whether or not she acted upon it. There is no evidence, either, of any victim/witness advocate having been involved in the case. Such a person, in most prosecutorial jurisdictions, is assigned to monitor and update ongoing developments with a victim, and coordinate information between related civil and criminal dockets to keep prosecutors abreast of them while also assisting the victim in accessing support services. What the Report did find, however, was that the motherlode of IPV evidence and Dangerousness evidence was sitting in the Domestic Violence Petition on the civil side of the Circuit Court as filed in a four-page hand-written affidavit by Fuentes at 9 AM on the morning of the Arraignment. The Committee Report, when it states that sufficient evidence “existed” or was “available,” is referring to that and other developing evidence that, had it been brought to the attention of any of the bail judges, would have easily constituted the required threshold of evidence to detain the defendant without bail. But it wasn’t made available to the court doing bail hearings. Some of the relevant evidence in the Domestic Abuse filing consisted of the following: 1. Fuentes represented that, during the April 25 incident, Gleason accused Fuentes of cheating and blamed her family for various issues. She also detailed in her domestic violence petition several past incidents during which Gleason exhibited extreme jealousy and controlling behavior, including one incident during which he forced her to leave the house in the middle of the night when it was snowing and she had nowhere safe to go. 2. According to Fuentes, in addition to taking her phone and cash during the April 25 incident, Gleason took possession of her house and car keys, 3. Fuentes, represented that Gleason possessed firearms, which he allegedly often kept near at hand. 4. Fuentes believed that Gleason was "capable of seriously harming or killing her if he had the chance" and was scared that 4  Gleason would "retaliate against her for seeking protection." (Committee Report, p. 23) Beyond this, the Report cites the following facts which reveal other failures by the prosecution: 1. Had the State felt the bail decisions were erroneous, there was nothing stopping it from appealing those decisions to the Superior Court for a de novo hearing, as is either party’s right. It did not. Moreover, during the Probable Cause Hearing of May 21, 2025, which bound the case over to Superior Court, the State did not even request a redetermination of the bail order! 2. On May 22d, in the Civil Domestic Violence case, Fuentes filed a complaint for contempt, alleging that the defendant had never complied with court orders to return her property, and had violated the restraining order by having his vehicles removed from the premises without seeking police oversight. She stated that she had brought that to the attention of the police who said they “would investigate.” Either one of these acts should have been grounds for an immediate bail revocation hearing had one been requested. None was. 3. On at least two occasions, an officer served an order upon the defendant to relinquish his guns. The Return of Service document for each of these orders indicates no listed firearms retrieved (See Exhibits in Committee Report). A subsequent stalking complaint was filed on July 1st by a minor who stated that Gleason had sexually assaulted her and stalked her, and that he had guns “everywhere he was staying,” indicating that he most likely never turned them in, all violations of his bail conditions, which should have led to his immediate arrest and bail revocation - or at the very least, a search warrant. It didn’t. In all likelihood, he killed Fuentes with one of these. (Committee Report pp. 23-24) Now that Berlin's Police Commission chairman has stepped down to run for State Rep, Berlin's Police Commission should start doing the job the City Charter commands of it – to actually oversee the police. It should not be the police chief who should be left with the conflicted task of investigating his own department. Also, less focus by the Commission on policing the international border with the Northern Border Alliance, which no one has attempted to cross in a year and a half, and on militarizing Coos with mobile battleground command vehicles, up for a City Council hearing on October 6th, might allow for a more successful effort to protect victims of domestic violence here at home. New Hampshire has a low murder rate overall, but every year nearly half the murder victims are women shot by spouses and boyfriends. This is the fifth one in the area in 10 years. It’s time to do something more about it. Even for undocumented immigrants like Marisol, who, except for the threats from our president and governor to demonize and eradicate them, would have never married a misogynist monster twice her age in an attempt to avoid deportation. Certain state elected officials have mischaracterized the Committee Report as revealing a failure of the judiciary when indeed its primary focus of attention is the policing and prosecution of this case. The Committee recommends more training as a remedy, but trained personnel already exist. They are called trial attorneys and victim/witness 5 advocates. Berlin needs to use them for its Domestic Violence bail matters, whether by letting the county attorney take them over or by hiring them locally, perhaps in conjunction with other municipalities to minimize the expense. Without that, La Casita Restaurant should be enlarged as a shrine for additional victims as there will be more Marisol Fuentes to memorialize. Theodore Bosen Councilor Grenier moved, with a second by Councilor Korzen, to accept the Mayor’s report as presented and place it on file. So moved, the motion carried. 6. Public Comments There were no public comments. 7. Council Comments Councilor Grenier suggested that funds needed for the milling and overlay of Glen Avenue could be made available in the budget, as the last payment on the Route 110 bond will be made in August or September. This will free up $439,000 in the next budget, and could be used toward Glen Avenue paving. Councilor Grenier noted that he received an email with an updated petition about the proposed Dummer Yard project. Councilor Grenier noted that the City did not invite the developers here, and that there is a process that must be followed. Councilor Grenier advised that the City cannot take a formal position for or against the project without a formal application, or they would be open to legal action. The project will have to go through a series of state permits, and a site plan application with the Planning Board, who will be the Board to make any decision. Ms. Laflamme advised that she has advised members of the Planning Board of the same, noting the importance that members of the Board not take a position prematurely. Opinions can be shared by the public at a public hearing, which would be held after an application is made. Councilor Korzen asked about the Assistance to Firefighters grant, and requested clarification. Councilor Korzen asked if the grant award amount is being shared between the three communities. Councilor Korzen also spoke concerning Dummer Yard, noting that there is an agreement between the City and State on this property, and the Council has an obligation to notify the State of issues that should be remedied. Councilor Korzen asked if there are any other properties in the City with similar agreements in place. Councilor Qualls noted that the Recovery Walk this weekend was also held to remember those that have been lost to addiction, and to share information about services in place in our area to help. Councilor Korzen noted the lights burning bright at Riverfire this weekend, and noted that the City has people who are bright lights as well. Councilor Korzen noted that we are a good community and can to amazing things when we work together. 8. Adjournment On a motion by Councilor Higbee, seconded by Councilor Qualls, the Council voted to adjourn the meeting at 8:28 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. 6