Work Session
May 3, 2010
Present were: Mayor Grenier, Councilors Landry, Remillard, Danderson, McCue, Evans, Rozek, Cayer; absent was Councilor Poulin
Others present included, Pamela Laflamme, Patrick MacQueen, Civics Class students, media and public.
Mayor Grenier called the meeting to order at 6:30 acknowledging several Civics Class students from Berlin High School
Changes to Chapter 16 Sewer Ordinance
Mr. MacQueen explained that the City’s current sewer ordinance is being made clear by this amendment indicating that projects with significant impact to the sewer system will be charged a fee. The Bureau of Prisons is paying a share and the ordinance amendment seeks to memorialize the City’s authority to impose a fee for any other large sewer users that may come. The City would charge the same for every large user. Mayor Grenier asked who makes the decision of what will be charged and Mr. MacQueen noted that they would all be charged 78% of the impact and that is based on the ratio of what the prison is paying as it relates to the cost.
Mayor Grenier presented a scenario where such a charge could impede residential development. The City Council should have a say in the final decision. Mr. MacQueen established that the intent is to charge everyone 78% and any fee lower than that would be up to the City Council.
Mr. MacQueen suggested adding, “any amount less than 78% will be approved by City Council” before the first reading of the ordinance and the Council agreed to the clarification.
CDBG for AVRRDD
Ms. Laflamme explained that this is a standard CDBG for an economic development application. The City is eligible to apply for $500,000 in CDBG money per year. If awarded, the money would be used to help finance the AVRRDD’s effort to provide a gas service to the Cascade mill incorporating methane from the landfill. Mayor Grenier stated that the AVRRDD has pledged $1.2 million to attract an EDA grant. This change should add $1.5 million per month in reduced energy cost to the mill’s bottom line and it preserves $280,000 of revenue from tipping fees to the landfill from the Cascade mill as well as revenue for methane gas.
Mayor Grenier indicated that the AVRRDD had other interested parties for the methane; however their interest was to find the best use for the energy source for the valley. Councilor Danderson asked what happens to this project if the mill does not reopen and Mayor Grenier noted that the gas connection will add viability to the Cascade mill property and make it more salable should the mill not survive.
Other - Robin Hood Road Rally
Mr. MacQueen reported that the original plan to have the rally occur outside of Berlin was scrapped; it then went to York Pond Road which was denied by the US Forest Service. It is now slated to be on the Laidlaw property, then going up the Mt. Carberry Road. There is still some ironing out that needs to happen and assuming there is the proper agreement and safeguards in place, the rally will take place as planned. It will require the closing Hutchins Street for a period of time.
Councilor McCue commented that the AVRRDD’s attorney had different ideas on the agreement and it would be good to have a consistent agreement. He also noted that closing Hutchins Street could have an effect on the opening weekend for ATVs since the ATV trail will be open.
Councilor Rozek expressed concern for the effect on Councilor Cayer’s business if Hutchins Street is closed. Mr. MacQueen advised that he will tell the road rally people that the trail is open and they will have to come up with a plan to deal with it. Mayor Grenier voiced his support for the rally saying that if we want this to happen, we will find a solution.
Other - Crosswalk
Councilor McCue asked about the crosswalk ordinance on the agenda and its apparent omission of removing a crosswalk in front of the mill building. Councilor Evans clarified that the crosswalk was not in the code and therefore did not need to be deleted because it does not exist.
Non-Public Session
Councilor Evans moved to go into non-public session per ~~RSA 91-A:3 (e) Consideration or negotiation of pending claims or litigation; Councilor Landry seconded and the motion carried by roll call vote with Councilor Rozek voting against.
Mr. MacQueen explained that Jon Peress, the attorney representing the City through the EFSEC process, will no longer be available to represent the city due to changing employer. In their proposal to represent us, Donahue, Tucker & Ciandella proposed a fee and a success bonus as well. The City Attorney, Chris Boldt charges $185 per hour and he is very thorough; though he is not an environmental attorney. Peter Van Oot is an environmental attorney and he has proposed a rate of $285; however he will use a staff attorney as much as possible who will charge $175. The recommendation is to continue to retain DRM to represent the City through the EFSEC process.
Councilor Danderson reasoned that the City’s goal is not to defeat Laidlaw but to make something workable for both the city and Laidlaw. Councilor Danderson made a motion to support DRM to provide legal representation for the city through the EFSEC process; Councilor McCue seconded and discussion followed.
Councilor Evans clarified that the most current information from DRM was dated 2009 and should be corrected to 2010. Councilor McCue voiced his support for DRM citing their experience. There is also a session coming up Wednesday, May 5 where they could continue their representation of the City. Councilor Danderson commented that he does not like to pay a lawyer to drive and this firm will charge from St. Johnsbury which is closer.
Councilor Danderson asked how much is left in the account to pay for these services. Mr. MacQueen stated that there is approximately $30,000 left from $100,000 budgeted. Mayor Grenier did not think it would be enough.
Councilor Rozek moved the question; Councilor Danderson seconded and the motion carried.
A vote on the motion: “Councilor Danderson made a motion to support DRM to provide legal representation for the city through the EFSEC process; Councilor McCue seconded” carried with Councilor Evans voting against.
Councilor Danderson moved to come out of non-public session; Councilor Landry seconded and the motion carried unanimously by roll call.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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