September 20, 2010
Work Session
Present were: Mayor Grenier, Councilors Landry, Cayer, Remillard, Danderson, Rozek, McCue and Evans (7:15 p.m.); Councilor Poulin was absent.
Others present included Mike Caron, Jay Poulin, Pamela Laflamme, Patrick MacQueen, media and public
Update on Bickford Place Project
Jay Poulin explained to the Council that BIDPA is now in a position to award a contract to Couture Construction for the project at Bickford Place. Bids came in high; however some value engineering was done with the low bidder; alternates to the bid were deducted and local suppliers such as Isaacson’s and Vaillancourt Electric were able to help with price reduction. The budget was$ 400,000 and the project is now at $430,000 and BIDPA is comfortable with the reductions that were made and the small increase over the budget.
The contract is planned for approval this week and construction would start next week. Installation of the membrane and landscaping will be moved to the spring. There will be a paved walkway park with canopy area; street trees and entry arch; fountain; retaining walls; a sprinkler system in green areas and a security camera.
Mayor Grenier asked for the difference between what went out to bid and what will actually be done. Mr. Poulin indicated that the Board approved eliminating the stage; granite was deducted; structural steel changes were made; fretwork to wrap along the south side of the building was dropped, canopy roof beams were changed from tube steel to wide flange beams. The Board also reduced lighting by about half. Mike Caron added that the sprinkler system and security camera were left in the project.
Councilor McCue questioned whether the project would be advanced by Riverfire on October 16 and by Thanksgiving as the two events will draw people to Berlin. Mr. Poulin anticipated that there could be steel up by Thanksgiving. Councilor Landry asked what is happening with the building and Mr. Caron noted that BIDPA is pursuing options with someone looking at purchasing the building and the potential for a lease as well. Councilor Landry confirmed that the park and building will be separate with the fretwork being inches away from the building and not actually part of the building. Councilor Landry added that he’s heard comments about the money being spent on the project and Mr. Poulin assured the Council that there are no tax dollars being spent on this project. The money is coming from rental income
from the City’s industrial park.
Councilor Danderson expressed concern about the additional doors shown on the drawing and Mr. Poulin explained that BIDPA had anticipated dividing the building into several spaces and existing windows can be easily be turned into doors; however that is not part of the project.
Councilor Cayer asked if there are plans to add a stage in the future. Mr. Poulin noted that when there is a stage needed one can be brought in. The Board had to make tough cuts and had to make the project happen within budget. Mr. Caron reported that the group also cut tables and chairs that were planned; however there are benches built into the park.
Mayor Grenier applauded the BIDPA board for their work saying that it is a group that rolls up their sleeves and wants to make things happen going beyond their original mission to own and operate an industrial park. Mr. Caron concluded by saying that the group truly cares about Berlin and wants to invest back in the city.
International Existing Building Code
Mr. MacQueen reported that for years downtown business owners have asked for adoption of the IEBC and we were under the impression that it could not be adopted unless the State Legislature allowed it. We’ve since had the City Attorney look at it and he is convinced that the IEBC is supplemental. The Fire Marshal’s office had no problem with the adoption and several communities in the southern part of the State have adopted it. The IEBC gives buildings such as downtown buildings options and alternatives when renovations are planned and Mr. MacQueen recommended that the Council pursue and adopt the ordinance.
Mayor Grenier expressed concern that the Council is not fully aware of what is in the code. He would like an explanation of the difference from what we have and what this new ordinance would bring to the city. He questioned voting on an ordinance with no information. Mr. MacQueen noted that there is no pressure on the City Council to adopt the ordinance
Councilor McCue indicated that this could be a useful tool for old buildings. He went on to question language in Sec. 103.4 noting that it may conflict with 1301.2 making the language confusing. Mr. MacQueen stated that the language is exactly as written in the State Code except for date of January 1991 and that was carried over from the previous ordinance. Councilor McCue suggested the ordinance be sorted with the existing Code to be sure they don’t conflict. Mayor Grenier acknowledged that it is not likely that anyone on the Council would be against additional flexibility in the codes without sacrificing life safety.
Councilor McCue confirmed that the fire chief endorses the change. Mayor Grenier encouraged a presentation to the Council to explain the differences. Councilor Danderson suggested that the ordinance be tabled until the Council has a full presentation.
Other
Ord 2010-13 Zoning Change. Councilor McCue mentioned correspondence from Attorney Cooper that outlines Mr. Viens’ request for a temporary injunction stopping the Pisani project until issues can be resolved. He noted that the injunction was granted by the court and he suggested that the Council leave the amendment to the zoning ordinance on the table until the issues are resolved. Councilor Remillard voiced that she did not want to put the City in the middle of a civil issue. Councilor McCue stated that part of the testimony in the case was that building permits were being issued and the curb cut shown on the approved plan is not what was put in. Mayor Grenier said that the Council supported changing the ordinance and it is in the best interest of the city to move along. By passing
the ordinance, it remains a civil matter.
Councilor Landry stated that the ordinance is not just for this lot. It clarified that the Berlin Mills Subdivision is a proper place to do business. The Pisani/Viens case is unfortunate and the ordinance does not offer support for either and it is not about just the two lots but a bigger issue. Councilor McCue argued that this is one of the issues and driven by one particular case. The Court has no record of a successor or assign and there may be no one to remove the deed restrictions on the Pisani deed. The City’s attorney took the position that the deed restriction is not the city’s issue. Councilor McCue asked the Council to leave the ordinance on the table and wait to see what happens in the case.
Councilor Evans entered the meeting at this time, 7:16 p.m.
Ms. Laflamme commented on the curb cut previously mentioned saying that curb cuts are done at the discretion of the Public Works Director and deviations from the plan are to accommodate drainage at the site and found by the Director to be necessary. Councilor Remillard stated that this ordinance is to allow development on non-conforming lots. If this was a conforming lot Viens and Pisani would still be at odds. The purpose of the ordinance is to allow development on small undersized lots and she encouraged the Council to move forward.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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