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City Council Minutes 08/06/2012 Work Session
August 6, 2012
Work Session

Present were:  Mayor Grenier, Councilors Otis, Ducharme, Morgan Allain, Rozek, Nelson and Théberge; Councilors Higbee and Remillard were absent.

Others present included Patrick MacQueen, Mike Perreault, Chris Thompson, Tom McCue, Don and Paula Benski, media and public

Mayor Grenier opened the meeting at 6:30 p.m. and welcomed Chris Thompson of Parallex Partners to the meeting.  

Property Option Agreement
Mr. Thompson indicated that Parallex Partners has been working toward a hotel development in downtown Berlin for the better part of 3 years.  The Council is being asked to consider an alternate option agreement for the parking lot on Mason and Pleasant Streets; if the Rite Aid property falls through, there would be a backup plan.  Hampton Inn will be going through the licensing process.  There is restaurant space programmed in as well.  Work has been done on the Rite Aid site so that there would be parking spaces for trailers and ATV users could ride from the hotel.  

Mayor Grenier thanked Mr. Thompson for his tenacity on behalf of the citizens of Berlin adding that a new cornerstone would be a huge anchor for the downtown.   Mr. Thompson said that his company has been watching the ATV niche grow with a lot of interest.  

In response to questions from the Council Mr. Thompson stated that the hotel would have 80 to 90 rooms with the ability to expand.  The estimated number of jobs is 21 with 4 full time salaried positions; 6 full time with no benefits; and the remaining part time.  Mr. MacQueen requested approval to execute the option agreement Parallex Partners.  

Councilor Nelson moved to accept the option agreement for the parking lot on Mason and Pleasant Street and authorize the City Manager to sign on behalf of the City; Councilor Ducharme seconded and the motion carried unanimously.  

NHMA Policy Initiatives
Mr. McCue asked to be on the agenda for scheduling purposes as proposals for NHMA support are due Friday August 17.  The next deadline is September 21 where each proposal will be voted on.  There are 5 proposals recommended by Skip Sansoucy and all but one has been supported by NHMA.  The one that did not deals with taxable property of telecom companies.  Mayor Grenier voiced that communities and NHMA need to take the position that telecom property is taxable and we want our legislators to take that position to Concord.  

Mr. McCue said that he would come back to another meeting so that Council could review and offer their support or opposition to each proposal. NHMA staff attorneys and lobbyists get a consensus from their membership and represent that consensus at the Legislature.  

Sewer Abatement Requests
Mike Perreault presented the two abatement requests that the Council wanted revisited.  
Eugene and Deb Foss of 378 Portland Street .  There was a clerical error that appeared to show the same consumptions with different amounts due.  Mr. Perreault clarified that last year’s bill was $511, only six dollars difference from this year’s bill of $505.  The error was in the paperwork given to the Council and there was no error on the constituent’s bill.  Councilor Nelson moved to deny the request for abatement; Councilor Otis seconded and the motion carried.

Michael Shields of 99 Pine Street is in good standing with regard to his taxes; however the sewer bill has not been paid.  Mr. Shields reported that he had a water leak while serving his country in Iraq; it went undetected for some time.  Councilor Rozek acknowledged the unusual circumstance and proposed offering support for our military serving their country by granting this particular request for abatement.  

Councilor Rozek moved to abate $1,987 of the sewer bill for Michael Shields in this instance, due to the extreme circumstance of him being deployed to Iraq in service to his country; Councilor Ducharme seconded and discussion followed.  Councilors expressed concern over the amount of abatement being granted.  Mr. MacQueen suggested averaging two or three years of consumption to arrive at a fair amount.

Councilor Rozek moved to amend his motion to abate $1,500 of a $2,070 sewer bill for Michael Shields of 99 Pine Street in this instance, due to the extreme circumstance of him being deployed to Iraq in service to his country; Councilor Ducharme seconded the motion to amend and the motion carried unanimously, as amended.

Paving Contract Options
Mr. MacQueen explained that bids were opened at 2:00 today for paving with only one bid received from Pike being submitted.  The base bid came in at $232,092.50.  Option 1 added a section of Hutchins St and that came it at $40,275; the second option added a portion of Route 110 for $71,940.60.  The work would be complete within 45 days of award.

Mr. MacQueen recommended awarding the base bid with Option 2 saying that he is reasonably sure that the Hutchins Street project will begin next year.  Mr. Perreault added that he wants to do some of the work being left out with the city crew.  

Councilor Otis commented that there is a section on Route 110 that is not too bad; he questioned whether there is an area of a higher priority that should be done first.  Mr. MacQueen noted that the section in question would complete Route 110 so that all of it would be new.   

Councilor Rozek called for a list of street repairs that are being done city wide.  

Councilor Nelson moved to award a contract to Pike Industries for the base bid and Option 2; other work on Hutchins Street from Option 1 is to be done in-house; Councilor Morgan-Allain seconded and the motion carried.  

Solid Waste Discussion
Mayor Grenier established that recycling will again be a top priority as summer comes to an end; the new solid waste ordinance and recycling program could be implemented by October 1.  Mr. Perreault confirmed that he has 1500 bins being delivered this week.  Decals are available for people to put on their own containers.  First reading of the ordinance will be September 4.  

Mr. Perreault noted that he will discuss residential cardboard pickup with the crews and may have a recommendation to add.  Mayor Grenier thanked the Benski’s for their review and comments on the proposed ordinance.  

Single Family Home Rental Ordinance
Mr. MacQueen informed the Council that several single family homes are for rent and don’t have a fire alarm or carbon monoxide detector.  This ordinance would require a certificate of occupancy for single family homes that are not owner occupied for six months or more during the year.

The ordinance is on the agenda for first reading.

Agenda items regarding zoning will be discussed August 20th.

Flood Maps
Mr. MacQueen stated that FEMA has made changes to its flood maps that will change the status of approximately 375 properties in Berlin.  These properties will require flood insurance when they are financed.  FEMA’s process is to place an ad in the paper notifying people of a public hearing; however if the City wants additional notification, the community has to pay for it.  Mr. MacQueen proposed that all the properties with buildings would have a certified letter; all others will get notified by regular mail.  It is estimated that the cost will not go over $1,600 for postage.

Councilor Rozek moved, with a second from Councilor Nelson to send mailings to affected property owners of changes in FEMA flood maps at a cost not to exceed $ 1,600 from council contingency.  Mayor Grenier commented that this is an example of Government forcing undue hardship on citizens; he will notify federal representatives.

DOT Detention Pond
Mr. MacQueen reported that State has decided that the Route 110 Project has enough drainage to put in a detention pond and they want to do that on the Binette’s property in the parking area of Valley Creek Eatery.  When the State approached the Binette’s, they were shown a drainage easement that encompassed half of their property.  The city was not aware that there would be a need for a detention pond and the easement the State is now looking for is considerably smaller than the one the Binette’s were shown.   

The State is waiting for the City to give a reaction on the need for the pond.  There was discussion about an above ground pond or having and underground detention pond.  The underground facility would still allow for parking cars; however the State wants an easement to be able to do either.  

Councilors questioned whether this is the only place for the pond. Councilor Rozek suggested that it be moved further and there is no reason to affect a private property owner.  Roderick Street was considered as an option; however there is ledge that would have to be blasted.   The State should exhaust all alternatives before asking business owners to give a drainage easement.  The Binette’s first choice is not to have a retention pond on their property next to the restaurant.  

 There is no support on the council for the pond on the Binette’s property.    

Other
Donation to Farmer’s Market.  Mr. MacQueen acknowledged a donation of $4,311.38 worth of electrical work done by Rays Electric for the Farmers market.  

Trails Easement.  Mr. MacQueen stated that today he received a request from Chris Gamache from the State Trails Bureau for a permanent easement for snowmobile access through the former Bass Shoe property now owned by the City.    Councilor Nelson moved to refer the letter to BIDPA; Councilor Rozek seconded and the motion carried.

ATV Festival.  Councilor Rozek asked how the city wide use of streets went during the ATV Festival.  Mr. MacQueen replied that there were several complaints and there is going to be a meeting Thursday to discuss and de-brief.  

There being no further business in Work Session, Mayor Grenier called for a five minute recess, then on to the regular meeting.

Respectfully Submitted,
Susan Tremblay
Administrative Assistant