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City Council Minutes 08/11/2008
August 11, 2008
Work Session

Present were Mayor Bertrand, Councilors Lafleur, Cayer, McCue, Remillard, Goudreau, Poulin and Donovan (7:35 p.m.); absent was Councilor Evans

Others present included Patrick MacQueen, Jon Edwards, Andre Caron, Chief Randall Trull, Norm Charest, Pamela Laflamme, Bill Gabler, Mel Liston, media and public.

Mayor Bertrand called the meeting to order at 6:30 p.m.

Motion to Act on Tax Deeded Properties
Andre Caron asked the Council for a motion that would allow for the sale of tax deeded properties.  

Councilor Remillard moved that the City Manager is hereby authorized, indefinitely until rescinded, to offer for sale at the earliest appropriate opportunity, the properties listed below by sealed bid with conditions as indicated for each property or take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 129-0011.0000, 390 School Street & 52 Cambridge Street: The stipulation that the property will be sold for a minimum bid $1.00 and that any purchasing party be required to demolish the building known as 390 School Street within 6 months of the purchase date and that the building known as 52 Cambridge Street be renovated and made habitable within 2 years of the purchase and meet the requirements set forth in the then current City Ordinances. City Code Enforcement will make the final determination as to the fitness of the building. The sale of these buildings will subject to a reverter if the conditions of sale are not met.

Map/Lot 128-0188.0000, 412 School Street: This property will be retained by the City for future demolition as part of its Neighborhood Revitalization Project.

Map/Lot 119-0035.0000, 122 Pleasant Street: The parcel to be put out to a general bid for a minimum bid of $22, 133.97 plus interest and expenses.

Map/Lot 131-0064.0000, 288 Burgess Street & Map/Lot 131-0045.0000, Land on Hillsboro Street: The stipulation that the two parcels be merged and sold as one unit and meet the minimum price. The purchasing party is required to renovate and make the property habitable within 2 years of the purchase date and meet the requirements set forth in the then current City Ordinances. City Code Enforcement will make the final determination as to the fitness of the building. The sale of this property will subject to a reverter if the conditions of sale are not met.

Map/Lot 128-0157.0000, 28 Spring Street: The building is to be sold for a minimum of $10,000. The purchasing party will be required to renovate and make the property habitable within 2 years of the purchase date and meet the requirements set forth in the then current City Ordinances and to. City Code Enforcement will make the final determination as to the fitness of the building. The sale of this property will subject to a reverter if the conditions of sale are not met.

Map/Lot 130-0158.0000, 584 Rockingham Street: The building is to be sold for a minimum of $9,400 + expenses and interest. The purchasing party will be required to renovate and make the property habitable within 1 year of the purchase date. The sale of this property will subject to a reverter if the conditions of sale are not met.

Map/Lot 111-0107.0000, Land on Russian Street: The parcel to be referred to the Planning Board for steep slope review.

Map/Lot 118 -0018.0000, Land on Harding Street: The parcel to be offered to direct abutters for a minimum bid of $656.64 plus interest and expenses.

Map/Lot 120-0141.0000, Land on Willard Street: The parcel to be offered to direct abutters for a minimum bid of $538.00 plus interest and expenses.

Map/Lot 119-0022.0000, 260 Main Street: This property will be retained by the City for future demolition.

Map/Lot 119-0129.0000, 94-102 Granite Street: The City to seek proposals from the local realtors to sell this property. Proposal requirements will include services furnished, advertising and the commission rate being charged. Price would be established at a later date with input from the chosen realtor.
Councilor Lafleur seconded and the motion carried.

Status of EPA Notre Dame Clean Up
Mr. Caron distributed a copy of a Community Relations Plan that lists ways that the project will be reported to the public.  There will be public hearings once the plan is adopted by the EPA.   The time line was ambitious and the clean-up may not be done until spring. The gymnasium is the biggest safety factor and eye sore.

CDBG Feasibility Study Update
Mr. Caron reported that the City was successful in getting a feasibility grant after two tries.  The window to use the funds is 18 months and it is now the 14th month.  The study would have determined the re-uses that are feasible for the building.  Seeing that there is movement on the cleanup of the building with Brownfield funds, it would be best to release the feasibility money so that it goes back to Concord.  This would not affect the City's ability to apply for the money again in the future.  Councilor Lafleur moved to authorize staff to release the feasibility grant and send it back to the State; Councilor Poulin seconded and the motion carried.

Vacant Building Ordinance
Mayor Bertrand noted that numerous changes were made to the proposed ordinance presented last week.  Mr. MacQueen explained that properties that are seasonal or vacation would not fall under the ordinance unless they became blighted.    Councilor McCue asked about the appeal process and found that the Housing Board of Appeals has the mechanism to be created by has yet to have a membership.  He then asked how implementing this ordinance will get us further down the road.  Chief Trull explained that securing a building at the vacancy stage will hold off deterioration and prevent the building from becoming abandoned.  When a vacant building becomes abandoned, it becomes the city's problem.  

Councilor Goudreau aked that our definition of "vacant" be compared to the one under insurance laws.  Chief Trull noted that he used Black's Law Dictionary and National Standards for a majority of the definitions; they are common practice and have been proven in court.

Councilor Remilalrd indicated that she is pleased with the changes but would rather see the fee charged upon submission of the plan.  Registering buildings would work if there was no fee until the determination is made that the building is indeed vacant and blighted.   Councilors decided to schedule the ordinance for first reading September 2 and until then revisions can continue to occur.

Protective Clothing Grant
Chief Trull indicated the need for additional protective clothing for firefighters and the availability of grant money to pay for a portion of the expense.  The NFPA safety standards outline what is needed and in the near future it will be mandatory to replace the gear every ten years.  With the grant, the shortfall for buying 32 sets of gear (20 for regular 12 for call) will be $4,800.  Councilor Goudreau moved to consider a resolution to apply for grant money and funding $4,800 of the match from unappropriated fund balance; Councilor Remillard seconded and the motion carried.  

Proposed Street Names for Riverside Heights
Councilor McCue asked about the status of the Planning Board conditions put on the approval of the plan and Ms. Laflamme noted that having the streets named is one of the conditions and there is one other to be met.  Councilor Poulin moved with a second from Councilor Cayer to accept the following street names:  

Victoria Lane, which will connect or intersect with NH Route 16 just south of the NH National Guard facility and is approximately 1,900 feet long.  

Skipper Lane, which will intersect off of the new Victoria Lane and is 2,500 feet long

Connor Drive, which intersects with Skipper Lane and is 600 feet long

Burnham Hollow, which also intersects with Skipper Lane and is 400 feet long.  So moved, the motion carried.

North Country Council Representatives
Mayor Bertrand indicated that he will do an appointment at the next meeting.  He asked that anyone interested contact him by Thursday morning.  Councilor McCue expressed interest.

Planning Board Positions on Policy Proposals.
Mayor Bertrand scheduled the floor policies with the Planning Board's input for August 25.

Update of Sewer Project
Mr. MacQueen updated the Council on the negotiations with the Bureau of Prisons for connecting to the City sewer system.  The situation has not changed much.  The project is going to cost $25 million, including $4 million that has already been done.  It would cost the City $4 million and the State $5 million which includes the City's connection fee; if the fee were not charged, it would cost the City $7.5 million.  The prison proposes to put a lift station on the water works site and having a longer force main.  The City and BOP are still several million dollars apart.  Councilor Donovan entered the meeting at this time (7:35 p.m.)

Eagle  Scout Project
Tyler Couture approached the Council regarding planting a Dutch Elm Tree in the city.  After having consulted with local forester Sam Stoddard, it is proposed to plant the tree at Community Field near the Eagle monument. Part of the project is to include a granite bench and placard explaining the project.   Councilor Lafleur moved to allow Tyler Couture to move forward with his Eagle Scout project to include planting a Dutch Elm, a bench and plaque at Community Field; Councilor Goudreau seconded and the motion carried.   

Other
Councilor McCue appreciated getting the minutes and financials of the School Board.

Councilor Donovan mentioned utility poles at 609 and 635 Hillsboro Street that look like they are ready to topple over.  He also noted that the mill site shrubbery is getting overgrown.

Councilor Donovan stated that through his work on the Mahoosuc Initiative, he has paid attention to signage and there is a lack of signage directing people to Berlin and other northern communities.  He questioned whether we should ask Gorham to put a sign that says:  "Berlin and points north" on the snowmobile bridge going over the highway on Route 16.  In discussion, it was determined that DOT Commissioner Campbell has been invited to a meeting in the near future and it would be mentioned then.  

Councilor Poulin noted that there are overhanging branches on upper Grafton Street.  There is also rumor that with the new sidewalk project on Glen Avenue, firemen have said they can't get ladder truck through.  Mr. MacQueen indicated that the road meets all the specifications in the law and there is no reason that apparatus would not get through.

Councilor McCue asked if progress has been made on opening the lines of communication with department heads in C oncord.  Mayor Bertrand asked that issues for particular state officials be sent to the City Manager

Clean Power
Mel Liston stated that he has been in Berlin for 2 years and looking to build a biomass plant which is proposed to be at the site of the waste water treatment plant.  It is an excellent site to take advantage of synergies.  As part of due diligence, the wood supply has been studied and it has been found that there is enough supply to sustain a 17 megawatt plant.   The company is now waiting for a used turbine to buy.

Councilor Goudreau thanked Mr. Liston for making the wood study public. He confirmed that Clean Power will hire 20 to 22 people.   Mr. Liston stated that if Laidlaw comes into Berlin, Clean Power would have a position as an intervener and would be testifying against.  Clean Power is first in the queue and they won't have to go through the EFSEC process which takes 240 days.  

Mr. MacQueen asked if the plant would be paying full taxes.  Mr. Liston stated that he would be looking for a PILT agreement.  There is no way that the project could go forward at $3 million in taxes.  No other power plants in the State pay full taxes.

Non-Public Session
Councilor Lafleur moved to go into non-public session per RSA 91-A-3II (d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community; Councilor Donovan seconded and the motion carried unanimously by roll call.

Councilor McCue moved to come out of non-public session; Councilor Lafleur seconded and the motion carried unanimously by roll call.

Councilor McCue moved to seal the minutes as releasing them would render the proposed action ineffective; Councilor Donovan seconded and the motion carried unanimously.

Councilor Cayer moved to adjourn; Councilor Donovan seconded and the motion carried.  The meeting ended at 10:40 p.m.

Respectfully Submitted,
Susan Tremblay
Administrative Assistant