CITY COUNCIL WORK SESSION - MONDAY, JUNE 11, 2007
Mayor Danderson called the work session to order at 6:29 p.m. Present were Councilors Nelson, Lafleur, Poulin, Cusson, and Grenier. Councilors Donovan, Roy and Danderson were absent. Also present: City Manager MacQueen, Pam Laflamme, David Poulin, Mike Bunnell and the press.
Councilor Grenier moved with a second by Councilor Lafleur to add the following items to other: Fuel Oil Prices; Councilor Danderson resignation. So moved, the motion carried.
1. Signage at HR Block.
David Poulin owner of HR Block on Glen Avenue thanked the Mayor and Council for the opportunity to meet with them tonight to ask them for permission to use the land in front of HR Block for a business sign. Mr. Poulin was told by Code Enforcement Officer Joe Martin that if he got permission from the Mayor and Council, he would be in compliance. Mr. Poulin added that his business is being crippled by this because he needs his sign to bring in new business in order to keep year round employees.
Councilor Grenier said a precedent was set last year for White Mountain Distributors on Route 110 who wanted to set a flag along the highway and were allowed to do so.
City Manager MacQueen then gave everyone a copy of the Encroachment License Agreement which could be used in Mr. Poulin's case. Parts of it were taken from a state form and altered to fit Berlin's needs.
Councilor Grenier commented that the City of Berlin has so few entrepreneurs who invest their own money for the betterment of our community, we should not make things difficult for them. Did Mr. Poulin follow the right channels? No, he did not. Councilor Grenier reasoned that Mr. Poulin has been punished enough. A solution could be to divest the land in front to be taxable.
According to City Manager MacQueen, that area is affected by water and sewer lines. We don't really know if we own the land so we can't sell something we don't own. The City Manager added that if the Mayor and Council grant the sign license, they should be prepared to do so for others as well.
Mayor Danderson thinks the Encroachment License Agreement is a good solution. At this point, it is important that Mr. Poulin not ignore the ordinance. The City is now working with him on good faith. He wants Mr. Poulin to know that the Mayor and Council are not ogres but are willing to work with people.. Although Mr. Poulin did not follow the proper channels to begin with, they are willing to work something out. The Encroachment License Agreement also protects the City as well.
Councilor Nelson inquired what prevents the City from selling the property in questions with an easement? At least if the City sells it, they can tax it.
The City Manager replied if that is done, the City will want to keep a right-of-way for water and sewer.
Councilor Lafleur reviewed the letter that Mr. Poulin sent to the Council and read that Mr. Poulin failed to apply for the permits in a timely manner and was fully aware of that fact but placed the sign anyway.
Councilor Grenier said the City has some culpability also because we gave Mr. Poulin a building permit but did not inform him about a sign permit or any other permits at the time.
"Berlin has to look at the way people obtain all permits needed prior to issuance", said Councilor Cusson. He added, "The City tends to grow ordinances and restrictions that make people jump through hoops".
Councilor Grenier has a structural concern about underground conduit to light the sign. It should be registered with Dig Safe as well.
Mr. Poulin confirmed he already has registered with Dig Safe.
The Mayor hopes that in the future, Mr. Poulin will work with the City before starting a project as opposed to after. He concurs with Councilor Grenier that they should be pro-business and try to simplify the application process. Ordinances are not cast in stone and can be changed to help businesses.
Councilor Cusson asked the City Planner if anything else was missing at this point.
The City Planner determined that location is the main problem and the law specifies no moving or flashing parts are allowed on signs. The Planning Board is currently watching a State Supreme Court case regarding such a matter to see what the outcome is. Currently date, time and temperature are allowed.
Mr. Poulin again thanked the Mayor and Council for suggesting the license agreement. Although he does not want to go to court, Mr. Poulin strongly opposes having only the date, time and temperature on his sign. He does not want to insult the Mayor and Council but asked if he could have the sign change every minute or so to comply with the law so it would not be considered flashing.
Mayor Danderson does not mind a scroll sign but out of respect for the Planning Board, wants to reach a compromise all can live with.
Councilor Nelson asked why the Citizens Bank can have such a sign? The reply is, it is grandfathered.
Pam Laflamme recalled that Valley Creek Eatery asked about a flashing sign and the Planning Board denied their request. "You cannot deny one business and turn around and allow another business to have a flashing sign just because they already purchased that sign before checking with officials. We can not play favorites", she said.
Councilor Cusson countered that just because we missed the opportunity to change the ordinance for Valley Creek Eatery, we should not miss that chance again with Mr. Poulin. Now is the time to do it right.
Councilor Grenier suggested that Mr. Poulin might get around the sign interpretation by changing the sign message daily. That would not be construed as a flashing sign.
"We don't want other people to say if their Dad was a Councilman, they could have done that too", Mayor Danderson reasoned. The Mayor stated that we have to be consistent with everyone and if the ordinance is changed, we will contact the other businesses involved. He then gave Mr. Poulin credit for making that stretch of Glen Avenue look good.
Councilor Grenier moved with a second by Councilor Cusson to accept the Sign Encroachment License Agreement with David and Lisa Poulin. Roll call resulted in unanimous affirmative votes with the exception of Councilor Lafleur who voted no. So moved, the motion carried.
2. Other:
Fuel Oil Bid. The City is once again grouping with the Gorham School District and with NCEF to get a better price. Munces was the only bidder with prepaid oil at $2.35 per gallon; gas at $2.48 per gallon and diesel at $2.54 per gallon. He confirmed with the school and they agreed. Munces has provided a letter of credit. Councilor Grenier moved with a second by Councilor Poulin to accept the fuel bid contract with Munces. So moved, the motion carried.
Councilor Danderson Resignation. The matter will be addressed at the June 18 City Council Meeting.
Adjourn
There being no further business to come before the Council, at motion was made and seconded to close the work session and enter into non-public session per RSA 91-A:2,I(b) Collective Bargaining. So moved, the motion carried.
There was a motion and a second to seal the minutes of the non-public session. So moved, the non-public minutes were sealed.
Respectfully submitted,
Debra A. Patrick, CMC
City Clerk
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