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City Council Minutes 02/25/2013
Work Session
February 25, 2013

Present were Mayor Grenier, Councilors Otis, Remillard, Benski, Morgan Allain, Rozek, and Theberge; Councilors Higbee and Nelson were absent.

Others included Patrick MacQueen, Pamela Laflamme, DOT Representatives Don Lyford and Kirk Mudgett; Mike Caron, Bob Goddard, Steve and Penney Binette, Rene Boutin, Mike Perreault, Barbara Tetreault, Berlin Daily Sun

Mayor Grenier opened the meeting at 6:30 p.m.

State DOT re:  Valley Creek Eatery and Retention Pond
Mayor Grenier stated that it has been the Council’s position to support local business and he encouraged an effort to find a suitable alternative to the plan to put a retention pond on the Valley Creek Eatery property.  State Engineer for the project Don Lyford, explained that in order to get approval for the final design of the project, he had to find a suitable drainage area for about 10.5 acres to drain to a low point, filter and outlet to the river.  DES requires that the water be treated before it reaches the river and that is done with a retention pond.  The place that made sense both financially and technically was the back portion of the Binette’s property.  It is easy to get to; no ledge to be blasted; easy to outlet to the river from there, and it won’t be seen from the new route.  

Mr. Lyford indicated that if the pond failed, it would overflow over the ATV trail and into the river which would not affect the new road.  The City questioned whether Roderick Street would be a viable option and it was determined that there would be additional property acquisition needed, there is ledge, and there is limited space which does not allow the maximum elevations to be achieved.  This would cause flow back into the pipe and sediment would need to be cleared from the pipe periodically by the City.  Water could also back up onto the new roadway.  The cost of a pond on Roderick Street is approximately $400,000 compared to $125,000 for the Binette’s property.  

Mayor Grenier asked if DOT considered a site north of the Notre Dame Arena.  Mr. Lyford noted that there are issues with that as well.  It would not cover the same area and two ponds would be needed.   Mayor Grenier asked if the pond on the Binette property could be made smaller with a second pond at another location.  Mr. Lyford estimated that it could be about ten feet less.  It was determined that if the retention pond was built underground, the cost would go up to $600,000 and city would have to clean the system requiring confined space entry.   

Councilor Rozek said that the State chose the site out of ease and convenience and he is not willing to accept it.  He questioned why prices paid for properties bought by the State by this project are not researchable at the Registry of Deeds adding that anyone but the State would have to register and pay the tax stamp.  Mr. Lyford commented that the properties, as far as he knows, are registered as whole making less work for the Registry.  
 
Councilor Remillard reasoned that the retention pond will be on the Binette’s land and within sight of their business.  She saw two choices with one being an underground system at no additional cost to city or that the State should reopen negotiations with the Binette’s.  Mr. Lyford said that there is a process for negotiating and if satisfaction is not achieved, there is the BTLA to hear appeals.  

Mr. MacQueen commented that the cost of the retention pond is $125,000 on the Binette property, $400,000 on Roderick St and there is no reason to spend $600,000 and deal without underground maintenance.

Councilor Rozek asked about the aesthetics of the pond.  Mr. Lyford established that the pond would be all dirt with vegetation on the side slopes and some wetland planting; there would be a fence with a gate.  He added that the pond on the Binette property would be approved by DES and the project would be on schedule to be put out to bid in July.  Moving the retention pond will delay bidding to the spring or summer of 2014.

Councilor Rozek commented that the State has not negotiated in good faith and he asked if the State is firm on their position.  Mr. Lyford replied that the State needs to keep an eye on public money and there needs to be justification with an appraisal and counteroffer to negotiate.  Mayor Grenier stated that this is about finding a solution.  He asked if the Council is comfortable with focusing on Roderick Street realizing that it will delay the project by at least one year and will cost the city an additional $60,000.

Mike Perreault commented that the aesthetics of a pond on Roderick Street are not the best in that the pond, instead of being tucked away, will be in the neighborhood and highly visible from the new roadway.  Councilor Remillard reasoned that she would like to see the parties go back to the table.  Councilor Rozek agreed adding that the State should be willing to show what others affected by the project were paid.  

Mr. Lyford indicated that the pond on the Binette’s property is preferred because it functions better.  He said that he would talk to the Right of Way Department.  Councilor Theberge commented that there is a fear that the pond will smell, be an eyesore, and cause mosquito problems.  Mr. Lyford noted that the ponds don’t smell because of the vegetation around them; the restaurant is already on the Dead River.  He noted that the State could work with the Binette’s on landscaping.   

Mayor Grenier concluded by saying that the State needs to approach the Binette’s one more time and if that does not work, we will have to go to Roderick Street.  

City Manager Candidate Expenses
Mr. MacQueen reported that of the top five candidates, two are from cross country and he asked if the City will pay expenses for them to come for an interview.  Of the ten top candidates, there are four from away.  Council conceded to paying for flight for those coming across the country; accommodations and meals for all.

Budget Schedule
The schedule was approved.  Mayor Grenier asked that any Council who cannot make a budget meeting, let staff know.

Adjournment
Councilor Rozek moved to adjourn; Councilor Remillard seconded and the motion carried.  The meeting ended at 7:35

Respectfully Submitted,
Susan Tremblay
Administrative Assistant