Work Session
September 17, 2012
Present were: Mayor Grenier, Councilors Otis, Remillard, Morgan Allain, Rozek, Nelson and Théberge; Councilor Higbee was absent
Others present included Pamela Laflamme, Patrick MacQueen, Paula Benski, Corinne Cascadden, and Barbara Tetreault, Berlin Daily Sun
Mayor Grenier proposed to add a communication from Local 1088 and a communication from NH Assessing Officials to the agenda; Councilor Nelson so moved with a second from Councilor Rozek. The motion carried with all in favor.
Glen Avenue
In response to Council’s request for more information from a previous meeting, Ms. Laflamme reported on the ownership of old Glen Avenue which is now vacant land in front of several Glen Avenue businesses. David Poulin had asked the Council if he could use the land for parking for his business. The City Attorney clarified that unless discontinued; it is a public way and under the City Council’s control. The Council could come up with an agreement to lease the land; or they could go through discontinuance which would revert the land to the existing owners according to their frontage. The City would keep an easement for utilities and the business would pay taxes on the property. The other option is that the Council could take no action.
Councilor Remillard commented that, as with other land the city owns, it should be put out to bid. Ms. Laflamme stated that the ownership is not the same and the City does not have the option of selling the right of way.
Mayor Grenier noted that he was contacted by Irving and they have some concerns about the piece being considered in that they have maintained it for many years. They asked that they be included if the city enters into discussions about the property. Their main concern is that snow does not get piled up onto the property. Mayor Grenier indicated that the two abutters need to have a written agreement before the City gets in the middle. He will ask Irving to contact the City Manager to set up a meeting among the parties.
Proposed Zoning Ordinance Amendment
Ms. Laflamme informed the Council that not many changes have been made to the Zoning Map since it was adopted in 1999. The Planning Board agreed that on Enman Hill there are properties that are 1/3 acre lots and these have the feel of being in rural residential though the actual zoning is residential single family which is the most restrictive. Livestock, chickens and larger accessory buildings are not allowed. The Planning Board is proposing to change the zoning designation for five properties on Enman Hill Road from residential single family to rural residential.
Mayor Grenier expressed concern over the change of use and whether those living below Enman Hill will suffer runoff changes. He suggested that the Council view the area of the proposed change by meeting at Enman Hill & Grafton Street on October 8 at 6:00 p.m.
Mt. Jasper Easement Discussion
Ms. Laflamme reported that the Planning Board formed a Mt. Jasper Sub Committee and they have met with the State Archeologist who acknowledges Mt. Jasper as one of the most historic pieces of property in the State. The archeologist is quite concerned about hobby mining which is listed as an allowable activity in the existing easement the State has with the city for the area. Mt. Jasper is not a place where anyone should be mining and the State is proposing to remove the language from the easement. The State is removing this language from all of their easements throughout the State.
Councilors were concerned about what is allowed on the land and that the easement would further limit what is allowed. Ms. Laflamme clarified that this easement is not for trails but is the result of the mitigation of wetlands for a project that never came to fruition. All that is being asked for in this corrective easement is that the reference to hobby mineral collection be removed from the easement.
There was some confusion about the work of the Mt. Jasper Committee in relation to this request for a change in the existing easement. Ms. Laflamme noted that the two are not related. The Committee is not looking for an easement but wants to put a plan in place for the upkeep of the Mt. Jasper site, mapping and a document that depicts what is allowed and not allowed on the property.
The question before the Council is whether they want to change an existing easement at the suggestion of the State Archeologist to address an archeologically sensitive area. There was some question about enforcement and a concern that if it cannot be enforced, the area will be gated. Council conceded to leaving the easement as is until they can be convinced otherwise.
Ordinance 2012-10 Amendment to Housing Code
Mr. MacQueen explained that ordinance 2012-10 is the result of the Code Enforcement Officer’s experience with bedbugs. There are several multi-family buildings that have them. Ultimately the landlords are responsible for removing the bedbugs and they don’t want to spend the money. The longer the infestation remains, the more units get infested. The proposed change in language would make it clear that the problem has to be addressed by a licensed exterminator.
Councilor Remillard took issue with the proposed language saying that this ordinance addresses insects and rodents making it broad enough that this would cost landlords thousands. She went on to question how much people are supposed to spend when they take care of the problem once and the tenant brings the problem back. Councilor Rozek pointed out that if we do nothing, we still have the problem. Mr. MacQueen suggested that we could restrict the ordinance language to only bedbugs. Councilor Remillard stated landlords should be given an option and if they do not properly address the problem, then they would have to get a professional.
Councilor Remillard agreed to Mayor Grenier’s suggestion that she discuss options with staff members to come up with language that would be agreeable. He added that doing nothing is not an option.
Councilor Nelson moved to remove Ordinance 2012-10 from the agenda; Councilor Théberge seconded and the motion carried.
Communication from 1088
Mayor Grenier acknowledged a letter from the Professional Fire Fighters of Berlin Local 1088, regarding an early morning structure fire on September 16, 2012 where two members of the Berlin Police Department performed a heroic life saving rescue. Mayor Grenier noted that the letter will be read into the record.
Letter from Association of Assessing Officials.
Mayor Grenier indicated that the Board of Assessors could deal with a letter received by the City requesting a vote for county assessing officials. Council conceded to pass the request on to the Board of Assessors.
Other
Councilor Nelson voiced that she had a Main Street business express concern about parking. Visitors of the apartment buildings nearby are parking in front of the business for a good part of the day not allowing parking for customers. Mayor Grenier suggested the business send a letter so that it can be reviewed by the Safety Committee.
There being no further business in work session, Mayor Grenier moved on to the public hearing.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
| 
