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City Council Minutes 08/20/2012 Work Session
Work Session
August 20, 2012

Present:  Mayor Grenier, Councilors Remillard, Morgan Allain, Otis, Higbee, Nelson, Ducharme, Theberge and Rozek
Others present:  Chris Dwinal of Wright Pierce, Mike Perreault, Pamela Laflamme, Don and Paula Benski, media; David Poulin 7:15 p.m.
        
WP Contract Amendment for Additional Inspection - Chris Dwinal
Mr. Dwinal explained to the Council that the estimate for the I & I work being done on Riverside Drive was based on the assumption that the contractor would accomplish the sewer work quickly and at the onset of the contract.  An inspector needs to be present when pipe is going in the ground.  As it has turned out, the job required more full time inspection services.  Mr. Dwinal estimated that additional inspection and administration would not exceed $60,200 and he hoped not to spend that much.  

Mayor Grenier asked why the City should be responsible for the additional cost.  Mr. Dwinal noted that this contractor’s bid was $200,000 lower than any other bid and it is possible that another bidder would have had the same issues.   Mayor Grenier suggested coming in after the job is complete and the City would share the cost of the overage with Wright Pierce.

Mr. Dwinal indicated that he will have to make that request to the president of his company.  Councilor Rozek commented that he could not support compensating WP for a mistake and that he expects the quality of the remaining work to be good.  He questioned whether someone from Public Works could do the inspection work and Mr. Perreault stated that it would take some time to fully understand the contract specifications.  

Councilor Remillard voiced that it is WP’s responsibility to continue and see to it that the work is done properly.  Mayor Grenier said that the City could share some of the responsibility for half of the additional cost up to $60,000; Councilor Rozek clarified that is no more than an additional $30,000.  Councilor Ducharme added that the City would share the cost proportionately, agreeing that it should not be over $30,000.

With regard to other work going on, Mr. Dwinal reported that the Treatment Plant Upgrade started in late May by Apex Construction is 11% complete.  

Contract 2 of the I & I has service work and paving remaining with the goal of functional sewer by October 21, then the contractor has one month to clean things up.  

Mr. Dwinal went on to say we will soon start getting into grant money having spent $5 million to obtain $1 million of grant from Rural Development.  In order to take advantage of the full amount of granting money in the five year window, a contract will be developed to do additional I & I work.  Rural Development was asked if the funds could be used for the Waste Water Treatment upgrade and it was found that two loans cannot be used on the same project.  There is 25 feet of sewer on Coos & Burgess Streets; a crushed pipe on Kent, Trudel and Blais; as well as work on Twitchell Lane that would qualify for funding.  Mr. Dwinal reported that Rural Development has advised the City to get the project out to bid to add assurance that the grant money will be available.

Zoning Changes Discussion
Ms. Laflamme explained that there are three separate ordinances for finalization regarding zoning changes.  The Council can approve one, all or none.  Ordinance 2012-06 regarding the Special Exception checklist adds the word “material” adverse impact at the suggestion of the City Attorney.  This gives the ZBA room to decide what is “material”.  

Ordinance 2012-08 changes accessory building height in Residential Single Family, Residential Two Family and Residential General zones.

Ordinance 2012-07 addresses accessory buildings in residential zones.  It was found by the Planning Board that institutions that are in the residential zones such as schools, hospital and nursing homes are limited on the size allowed for accessory buildings.  The new language would have them come to the zba for a special exception.   For instance if one of these entities wanted to heat their building with biomass, they could petition the ZBA to allow for the boiler.

Mayor Grenier questioned whether such a plan would need to go to the Planning Board and Ms. Laflamme said that there is no State law forcing site plan.  The Mayor was concerned that a residential neighborhood that has never had truck traffic or a smoke stack could be subjected to that without notice.  Ms. Laflamme indicated that she would review the matter with the Planning Board so that a new use introduced in a neighborhood would go through site plan review to address concerns affecting neighborhoods.

Glen Avenue Parking Request
The Mayor and Council received a letter from Daviid Poulin and Carl Mercier of Countryside Development Co asking for the use of a strip of land adjacent to their building on Glen Avenue for additional parking.  Ms. Laflamme explained that Glen Avenue was further to the west on what is now Old Glen Avenue.  The City treated the property as city right of way and collected from leases for some years.  

Mr. Poulin commented that he and his partner have looked at alternatives to add parking to their plaza to no avail. Ms. Laflamme showed pictures of the area.  Mr. MacQueen commented that Mr. Poulin has a license for his sign on the right of way; perhaps the Council could grant a license for parking.  Ms. Laflamme indicated that there are questions of ownership.  Councilors were open to doing something to help the situation.  Research needs to be done to see who owns the parcel; and whether it has reverted back to the abutters.  The City would have to keep the right to dig it up for sewer. Mr. Poulin said he would do whatever it takes to make the parcel look nice.

Primex Trustee
Mr. MacQueen indicated that Primex has asked the City to vote for a trustee.  They are recommending Steven Bartlett or the Council could suggest a write in candidate.  The City has one vote which does not have to be exercised.  Mayor Grenier commented that he knows of this person and County government supported him.   Councilor Nelson moved to vote for Steven Bartlett as a Primex Trustee and for Mayor Grenier to sign on behalf of the Council; Councilor Remillard seconded and the motion carried unanimously.  

Non-Public Session
Councilor Remillard moved to go into non-public session per RSA 91-A:3II Consideration of the acquisition, sale or lease of real or personal property…; Councilor Higbee seconded and the motion carried unanimously by roll call.  
Councilors were presented with a potential Resolution to give authority to BIDPA to sell 145 Main Street to a development company out of Maine for $315,000.  BIDPA voted to accept the offer and sell.  Councilor Otis asked about Bickford Place and it was clarified that the City will keep ownership of the park and fret work on the building.  

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

Councilor Théberge moved to add Item 10-A Resolution 2012-29 BIDPA Sale of 145 Main Street to New Business on the agenda; Councilor Nelson seconded and the motion carried unanimously.

There being no further business in work session, Mayor Grenier called for a five minute recess and to go on to the regular meeting.

Respectfully Submitted,
Susan Tremblay
Administrative Assistant