Work Session
September 9, 2013
Present were: Mayor Grenier, Councilors Otis, Remillard, Benski, Morgan Allain, Higbee, Rozek, and Theberge; Councilors Nelson and Rozek were absent
Others present: James Wheeler, Michael Perreault, and Pamela Laflamme
Request for Letter of Support for Brown Co. House on 7 to Save
Councilor Higbee asked for the Council’s support for putting the Brown Company House on the NH Preservation Alliance 7 to Save list. CAP receives funding for social services and though they are the keepers of several old buildings, there are no grant funds for their upkeep. Linda Bornstein suggested that CAP would be in a better position to receive funding if the building was on the list.
Mayor Grenier asked if it is likely that LCHIP funds would be accessed and Councilor Higbee noted that being on the list raises the likelihood of being granted funds to a higher priority but does not guarantee funding. He added that the building is an integral part of Berlin’s history and it is a shame to see it fall into disrepair. Councilor Remillard confirmed that there would be no cost to the City.
Councilor Remillard moved to send a letter of support to get the Brown Company House on the Seven to Save list; Councilor Morgan Allain seconded and the motion carried unanimously.
Highland Park Repair Plan
In response to a request for a repair plan for Highland Park Avenue, Public Works Director Perreault put together three rough estimates for repair. Mr. Wheeler added that drainage needs to be improved. Option 1 at a cost of $5,400: the shoulder would be graded for drainage and the pavement at Whittemore Avenue would be widened; Option 2 at a cost of $3,200 is to grade the shoulder for drainage using grindings and install delineators six feet off the paved area for plow guidance; Option 3 is to grade for drainage, widen Whittemore Avenue pavement and install delineators at a cost of $6,400.
The estimates are for time and material. Mr. Wheeler recommended Option 3.
Councilor Higbee moved to repair Highland Park Avenue using Option 3; Councilor Morgan Allain seconded and the motion carried.
Football League
Mayor Grenier reported that he received a call from one of the directors of the Berlin Football League who had planned to use Community Field for a football Jamboree and 3 home games this season. The High School and Jr. High are using Community Field for soccer and field hockey, leaving the football league with no place to field home games. In a pinch, Mayor Grenier and the City Manager authorized the use of Memorial Field’s outfield. An inspection of the field before and after the game found no discernable change in condition. Mayor Grenier said that he is comfortable having the league play their games in Berlin on Memorial Field; however he wanted the Council to approve. The proper insurances are in place indemnifying the city.
Councilor Remillard moved to support the use of Memorial Field for the football league; Councilor Higbee seconded and the motion carried.
Community Ball – October 4, 2013
Mr. Wheeler said that he received an invitation from Alex Richie of Cate Street Capital to have the City sponsor a table at the Community Ball on October 4. He said that the Community Ball was started by AVH and was at first, sponsored by the hospital. They reached out to Cate Street Capital and the Chamber of Commerce for additional sponsors. Mr. Wheeler noted that in his opinion, the city should not be using public money for this. Mayor Grenier agreed and Council conceded that it would be inappropriate to use public money to sponsor something like this.
If 5 Council members and their spouses attend and spend the money out of pocket, they would be sponsoring a table without using public money. Councilor Benski reiterated that it needs to be clear that no taxpayer money will be used if Council members attend.
Keeping of Backyard Chickens
Mr. Laflamme prepared a memo from the Planning Board as well as comments and letters from the public for Council review. The Planning Board spent several months hearing from residents, reading articles and discussing their concerns. Enforcement seemed to be the most significant concern and it was recognized by the Board that Code Enforcement has a lot going and the timing is not right to add this to the workload. The Board did not support changing the zoning ordinance to allow chickens.
Mayor Grenier agreed with the Board’s decision saying that there are rural residential areas in the City where chickens are allowed. Ms. Laflamme indicated that a new RR lot would be a minimum of 2 acres. There are RR zones on Route 110, Enman Hill, Cates Hill, and Riverside Drive; however the average lot in Berlin is 50 x 100. Mayor Grenier said that he cannot see raising chickens on a 50 x 100 or 100 x 100 lot. He added that 90% of people would be responsible but there are 10% that don’t care about their neighbors and that could be very expensive for the City. He cautioned against overstepping the Planning Board’s recommendation.
Councilor Benski said that she is not hearing any solid reasons not to allow raising chickens. Government’s job not to put restrictions on how people use their property, especially on speculation. She suggested that the ordinances not address chickens; remove the restriction and allow, with no inspection. People have other pets and issues are addressed if they arise.
Councilor Theberge commented that other communities have chickens and they have made it work. In his experience he said, droppings are not a problem; they are used in the garden the following year. Six chickens would be reasonable; roosters are noisy.
Ms. Laflamme reported that the City did not adopt its first zoning ordinance until 1962 and that is where a residential farming zone was created; that was changed in subsequent versions to Rural Residential. The 1962 ordinance is where the Community decided that farming would be in certain areas and not allowed everywhere in the City. Anything not in the ordinance is not allowed. She went on to say that cities that have adopted an ordinance to allow chickens are new to the concept and don’t yet have much experience to report. Concord, Dover and Lebanon have allowances but none of those cities allows chickens on lots less than 100 sf.
Councilor Higbee said that he would like to see a middle ground. He did not want to see raising chickens going down forever. There are problems with dogs and we don’t disallow dogs. There is a use for chicken manure in the garden, unlike other pet waste. He wanted to see what a reasonable set of parameters would look like. What would it cost to enforce and could we collect for enforcement? He preferred that the issue not be dropped altogether.
Ms. Laflamme offered to take a model ordinance to the Planning Board for additional input. Councilor Remillard voiced that the Board looked at the whole picture and they found that there would need to be follow up resulting in additional cost. Who will do it and where will the money come from?
Mr. Wheeler stated that dogs and cats are a well-established cultural norm and chickens are becoming more accepted; however he questioned if now is the right time to make the allowance? He cautioned that the city picking up the waste should be looked at. If chickens are allowed, the owner has to have a sustainable means to use or dispose of the waste.
Mayor Grenier suggested sending the issue back to the Planning Board so that they can come up with minimum standards; if chickens are allowed, this is what would be recommended. Councilor Higbee suggested keeping an open mind and suggested not working from the negative but finding a positive way to make it happen.
Other
Mayor Grenier questioned the Mason Street breech on the East Mason Street Bridge and Mr. Wheeler reported that insurance funds have been received to make the repair.
Hutchins Street.
Councilor Theberge asked for an update and Mayor Grenier indicated that there is still a land acquisition that is being negotiated. The City Manager will have a presentation for the Council at a future meeting
Western Avenue
Councilor Otis mentioned that the owner of property on Western Avenue wants the city to be aware of property damaged. Mr. Wheeler stated that the property was surveyed and it raised ownership issues. Staff is formulating the right way to go forward and it is safe to say that we have not let it rest.
Session Street
Councilor Remillard asked if anything is moving forward on closing the alleyway on Session Street. Ms. Laflamme reported that the City Attorney, Chris Boldt did some research and he has not updated yet on what he found. Ownership is being put together to see who has rights to what. Once the information is known, staff will come back with a recommendation.
There being no further business to come before the Council, Councilor Theberge moved with a second from Councilor Benski to adjourn. The meeting ended at 7:30 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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