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City Council Minutes 11/04/2013 Regular Meeting and Work Session
Work Session
November 4, 2013

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

Others present included City Manager Jim Wheeler, Community Development Director Pamela Laflamme, Clint Savage from the Bureau of Trails, Housing Coordinator Linda White, Fire Chief Randall Trull and Barbara Tetreault Berlin Daily Sun

Mayor Grenier called the meeting to order at 6:33 p.m.

Bureau of Trails Discussion of Snowmobile Trail
Clint Savage explained that last year the snowmobile trail was re-routed due to the biomass plant not allowing snowmobiles on the site. He was asking to use Hutchins Street for the trail like they did last year.  Councilor Otis stated that the City has picked up snow in the area and it would be best to keep the snow so that it could be groomed for the trail.  Mr. Savage agreed but stated that when the city did pick up snow, it was due to catch basins being blocked.  Councilor Theberge asked if a spur could be created outside the urban compact and Mr. Savage indicated that the landfill owns the property and there are easements that do not allow passage.  The alternatives have been looked into.  After this year, there will be a good permanent route through the biomass property.  

Councilor Remillard moved to allow the Bureau of Trails to construct and maintain snowmobile access through Hutchins Street; Councilor Theberge seconded and the motion carried.

Motion for Retaining Property
Linda White distributed a list of land parcels that the city took by tax deed and the recommendation is to retain the properties.   There are six parcels on Hillsboro Street and one on Western Avenue.  They are not buildable and have steep slopes with trees.  The thought is that if the trees were removed, there could be erosion problems for the properties below.  The Western Avenue site will be retained for the possible future expansion of Western Avenue.   

Councilor Rozek moved with a second from Councilor Benski to retain the four properties for public use.  Councilor Rozek moved with a second from Councilor Benski to amend the motion to retain the properties listed, six on Hillsboro Street and one on Western Avenue for municipal purposes, including the potential future expansion and widening of Western Avenue; and to deter erosion and provide drainage and a buffer on the western side of Hillsboro Street:
Map/Lot 130-0211.000  Hillsboro St.  .09 acre
Map/Lot 130-0212.000  Hillsboro St.  .09 acre
Map/Lot 130-0213.000  Hillsboro St.  .09 acre
Map/Lot 130-0214.000  Hillsboro St.  .09 acre
Map/Lot 131-0046.000  Hillsboro St.  .11 acre
Map/Lot 131-0047.000  Hillsboro St.  .11 acre
Map/Lot 118-0097.000  Western Ave.  .32 acre
Motion for Disposing of Properties and Land
Ms. White explained the recommendations for the properties taken by tax deed.   
Map/Lot 120-0279.000 and 120-0280.000, 320 High Street .31 acre:  Councilor Remillard questioned whether this parcel could be used for additional parking for the Jr. High School.  Ms. White explained that the Superintendent was contacted and she asked Principal Dan Record to survey teachers to see if they would use the space; she was convinced that it would be underutilized and she was comfortable with the City selling the parcel.  Mr. Wheeler added that parking would likely be used during events.  The parcels are on a Planning Board agenda to be merged and would be offered for sale by sealed bid to the general public as a buildable house lot with the minimum bid of $15,000. (Current taxable valuation is approximately $15,000 – to be determined after merger).

Map/Lot 118-0074.000, Western Avenue .38 acre:  
Map/Lot 118-0075.000, Western Avenue:  .11 acre:  
The lots are steeply sloped, and lot #75 is landlocked.  Council members agreed to offer for sale lot #75 and hold lot #74 so that it could be merged with #75 if there is no interest.  Lot #75 will be offered for sale by sealed bid to the abutters with the minimum bid being $500 due to land-locked status and steep slopes.  Lot #74 will be held temporarily.

Map/Lot 110-0003.000, 616 Third Avenue .23 acre:
Ms. White stated that this is a six family property with a bay of 6 garages that was occupied when it was taken by tax deed.  Minimum bid is determined by considering accumulated taxes, condition, assessed value and how much land there is.  The buildings are also reviewed by the building inspector and when sold, there is a list of improvements that must be done.   
This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (fair/good), lot size, and assessed valuation ($89,000).  Minimum bid is $22,250.  The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances.  City Code Enforcement will make the final determination as to the fitness of the building.   The sale of this property will be subject to a reverter if the conditions of the sale are not met.

Map/Lot 119-0311.000, 110 York Street .09 acre:
This building was occupied at the time of tax deed.  There are serious building issues and it would need considerable investment; it has no land other than the footprint.   Mayor Grenier questioned whether it should go out to bid due to the density of the neighborhood.  Ms. White stated that there are other buildings with a higher priority for demo.  
This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (poor/fair), lot size, and assessed valuation ($24,000).  Minimum bid is $4,800.  The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances.  City Code Enforcement will make the final determination as to the fitness of the building.   The sale of this property will be subject to a reverter if the conditions of the sale are not met.

Map/Lot 120-0068.000, Memorial Lane .11 acre:  This parcel will be merged with 120-0024.000, 212 Willow
Map/Lot 120-0024.000, 212 Willow Street .22 acre (after merger)
Ms. White explained that the land being used for parking was never merged with the original property.  The parcels will be merged and sold together.  Mayor Grenier confirmed that the City is in litigation with regard to this property.  It will be offered for sale by sealed bid with the minimum bid being determined by condition (poor/fair), lot size, and assessed valuation.   Price to be determined once property is merged and new taxable valuation set.  The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances.  City Code Enforcement will make the final determination as to the fitness of the building.  The sale of this property will be subject to a reverter if the conditions of the sale are not met.

Map/Lot 120-0339.000, 306 Church Street .14 acre:
This is a decent house in a tight neighborhood.  When it was abandoned, the pipes burst; it has been newly sheet rocked and will need a heating system.  
This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (fair/good), lot size, and assessed valuation ($79,800).  Minimum bid is $11,970.  The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances.  City Code Enforcement will make the final determination as to the fitness of the building.   The sale of this property will be subject to a reverter if the conditions of the sale are not met.

Map/Lot 118-0078.000, 827 Western Ave .28 acre:
The property has a nice lot that extends to the back road; however the house is a disaster inside.
This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (poor/fair), lot size, and assessed valuation ($27,600).  Minimum bid is $5,520.  The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances.  City Code Enforcement will make the final determination as to the fitness of the building.   The sale of this property will be subject to a reverter if the conditions of the sale are not met.

Map/Lot 130-0010.000, 630 Rockingham Street .11 acre:
Ms. White noted that the building has been vacant for a while and it structurally decent.  It was empty when it was tax deeded.  This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (fair/good), lot size, and assessed valuation ($74,900).  Minimum bid is $11,230.  The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances.  City Code Enforcement will make the final 2determination as to the fitness of the building.   The sale of this property will be subject to a reverter if the conditions of the sale are not met.

Map/Lot 120-0355.000, 127 Prospect Street .27 acre:
This is a decent solid house with renovations that have gone bad.  This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (poor/fair), lot size, and assessed valuation ($65,100).  Minimum bid is $9,765.  The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances.  City Code Enforcement will make the final determination as to the fitness of the building.   The sale of this property will be subject to a reverter if the conditions of the sale are not met.

Map/Lot 130-0398.000, 511 Goebel Street .11 acre:
Ms. White noted that the building is in an industrial zone and Mr. Wheeler stated that the former owner still   JW he has a window to repurchase.
This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (fair/good), lot size, and assessed valuation ($87,900).  Minimum bid is $21,975.  The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances.  City Code Enforcement will make the final determination as to the fitness of the building.   The sale of this property will be subject to a reverter if the conditions of the sale are not met.
Councilor Rozek moved with a second from Councilor Theberge that the City Manager is hereby authorized, indefinitely until rescinded, to offer for sale at the earliest appropriate opportunity, the properties listed above by sealed bid with conditions as indicated for each property or take the appropriate action as otherwise indicated.

Councilor Theberge asked about the property known as Sunny Rooms.  Ms. White confirmed that the City now owns the property.  There is significant water damage to the entire building and it would likely cost over $1 million to revamp the building.  There is water draining into every section of the building.  The building will be demolished.  

Resolution 2013-24 Refinancing BWW Debt
Mr. Wheeler explained that Water Works went to the state revolving loan program and got them to offer lower rates.  Resolutions giving the authority were in several different formats.  The resolution to be introduced this evening will give the City Manager the authority to sign the refinancing documents on behalf of the City.  

Resolution 2013-25 CDBG for Housing
Ms. White reported that the resolution will give the authority to apply for Neighborhood Revitalization Program funds.   These funds have been beneficial to the city, helping to bring neighborhoods back.  Past funding has assisted 63 homeowners with $12,000 to $18,000 worth of home updates.  Most are energy related such as furnaces, insulation, and hot water heaters resulting in savings for homeowners on heating costs.  The City scored high in the last grant round and we are a likely recipient for further funding.  Councilor Remillard confirmed that the money stays in Berlin

Resolution 2013-26 Application to Assistance to Firefighters
Chief Trull reported that he will apply for a $55,950 grant to replace the exhaust system at the fire house, replace fire hose and to acquire new helmets.  The existing exhaust system takes in cold air from the outside and it is not efficient.  The new system will connect directly to the truck to take care of exhaust fumes.  Councilor Theberge asked how it disconnects and Chief Trull indicated that it will automatically disconnect when the truck leaves the firehouse.  A new policy would need to be created to connect the truck prior to entering the garage.  Councilor Benski asked for a copy of the grant details when they are available.  Chief Trull indicated that the City has to pay a 5% match and the equipment purchased cannot be sold.  Councilor Rozek confirmed that the exhaust system is the same one being used at the fire academy.

Chief Trull reported that recent testing of fire hose found 900 feet of unusable hose and with this grant, the department is applying for funding for 1200 feet.  Councilor Rozek confirmed that the fire department has 6000 feet of hose with the oldest being from 1958.  Chief Trull noted that hoses are pressure tested at 250 psi for 5 minutes.  They have found that synthetic hose is not as long lasting as cotton jacketed.

Helmets were bought in 2000 and they are needed.  If this grant fails, there is another grant that requires a 50% match from Rural Development.  Councilor Rozek mentioned that there are infrared helmets available and Chief Trull indicated that he would look to see if the grant would pay for such a helmet.  

Apportionment for 2013 County Tax
Mr. Wheeler reported that we received notice of the actual county tax and it will be $130,000 less than budgeted.  He went on to say that we are significantly overspent in legal fees, due mostly to the Great Lakes Hydro tax case and he recommended that $70,000 of the $130,000 be used for legal fees.  Councilor Benski confirmed that if the tax rate were lowered, it would amount to .13 cents.  Mayor Grenier advocated for putting the money in reserve to increase the undesignated fund balance and Council conceded.  

Amendment to P & S with AHEAD for Notre Dame Housing Project
Mr. Wheeler distributed a draft amendment to the purchase and sale agreement for Notre Dame.  AHEAD has been a good partner and they are asking to do roof replacement prior to taking final ownership of the building.  They will insure the building and hold the City harmless.  Their plan is to add a new roof so that they can move ahead with the remaining construction.  Mr. Wheeler stated that the greatest risk is having them not do the project.  Councilor Rozek moved to authorize the City Manager to sign an amendment to the purchase and sale agreement allowing a new roof for the Notre Dame building at AHEAD’s expense; Councilor Higbee seconded and the motion carried.

Veteran’s Day November 11, 2013
Council conceded to meet on Veteran’s Day.

CITY COUNCIL MEETING – Monday, November 4, 2013
Mayor Grenier called the Regular City Council Meeting to order at approximately 7:46 p.m. in the City Hall Council Chambers.  The Pledge of Allegiance to the Flag preceded roll call.  Present:  Councilors Remillard, Otis, Morgan Allain, Benski, Higbee, Rozek, Nelson and Theberge.  Also present:  James Wheeler, Pamela Laflamme, Linda White, Fire Chief Randall Trull and the press.

Minutes, Previous Meeting
Councilor Rozek  moved with a second by Councilor Higbee to accept the minutes of the October 21 Work Session and Regular Meeting as well as the October 28 Work Session.  So moved, the motion carried.

Disbursements:  Disbursement Summary Draft #1702 start date 10/22/2013, end date 11/4/2013 for a total cash disbursement of $1,224,282.93.  Councilor Remillard moved with a second by Councilor Otis to accept the disbursement summary and pay all bills as recommended by the Committee on Accounts/ Claims.  So moved, the motion carried.

PUBLIC COMMENTS – No Comments

UNFINISHED BUSINESS
  • Council Committee Reports.  No Reports
NEW BUSINESS
  • Resolution 2013-24 Authorizing BWW Refinancing of Debt (1st read)
Councilor Remillard moved with a second from Councilor Otis to table Resolution 2013-24 and schedule a public hearing for November 18, 2013.  So moved, the motion carried.

  • Resolution 2013-25 Authorizing an Application to CDBG for $500,000 for Housing (1st read)
Councilor Nelson moved with a second from Councilor Morgan Allain to table Resolution 2013-25 and schedule a public hearing for November 18, 2013.  So moved, the motion carried.

  • Resolution 2013-26 Authorizing an Application to the Assistance to Firefighters Grant for $55,950 (1st read)
Councilor Theberge moved with a second from Councilor Nelson to table Resolution 2013-24 and schedule a public hearing for November 18, 2013.  So moved, the motion carried.

  • City Manager’s Report
Waste Water Treatment Plant Upgrade and Other Issues
We had 3 weeks of failed e-coli test results causing a violation of our discharge permit in October.  Fortunately, we have just gone a full week in compliance without negative results. We've looked at our lab procedures and techniques, chlorine chemistry for disinfection, ammonia chemistry in the disinfection process, bypass pumping effects on our process, the dramatic discharges from Burgess Biomass while they were proving their equipment and getting steam quality where they wanted it, and at our treatment performance in our other discharge parameters; we've also involved the NHDES crew in the Operations Section for guidance and advice. We've discovered nothing definitive to attribute these failures to and have reported such to EPA and NHDES as we're required to do.

We made contact with the EPA a week after they returned to work to learn the status of our new permit.  We confirmed that it's been assigned to a writer who will contact us if more information is required. We will continue to operate under our existing permit after it lapses at the end of November if our new permit is not issued by then.

Leachate Flows from the landfills are steady.  Flows from the Brown Farm Pumping Station are steady at about 140,000 gpd.

There is visible progress on the upgrade project as more civil and structural work is complete.  Mechanical and electrical are keeping pace with each other. Instrumentation equipment is mostly here and they've been onsite making fiber optic terminations. We have had a very dry month so energy usage has been low.  Our pumping stations all running well.  Attached is a picture of one of the new aluminum domes recently installed on one of the clarifiers as part on the upgrade.

Berlin Operation Safe Commute Patrols
The City has received notification from the State Highway Safety Agency that the Police Department’s application for Operation Safe Patrols to be conducted on several evenings over the next several months.  The grant specifically pays for the overtime shifts required to conduct these patrols.

Housing Matters
  • The demolition of 320 High St. has been completed and is now fully fenced and loamed and seeded.
  • An Environmental Site Assessment Completed on 1051 Main St.~ (former Sunny rooms) – will get projected costs this week.~~ Demolition bid to follow.
Center for Public Center Advancement – Governance:  The Essentials
Primex is holding two sessions on this topic that are geared towards elected officials.  The first is on Nov. 21, 2013 from 6 to 9 pm in Peterborough.  The second in on Dec. 5, 2013 from 6 to 9 pm in North Hampton, NH.  While these sessions may not be very convenient for City Council members to attend, keep in mind that we can request specific arrangements that meet our needs should there be a desire to do so.  Please don’t hesitate to bring this to my attention.

New Hampshire Municipal Associations 72nd Annual Conference
The NHMA Annual Conference will be held on November 6 and 7 at the Radisson Hotel in Manchester.

Councilor Rozek moved to accept the City Manager’s Report and place on file; Councilor Morgan Allain seconded and the motion carried.

Councilor Rozek questioned why there are electrical vents on the new clarifiers when there were none on the old ones; he added that a solar panel could have been planned to run the electric motor.  
Councilor Theberge agreed saying that there should be a direction toward green energy.  Mayor Grenier noted that the overall project at the treatment plant will result in 25% reduction of energy.

  • Mayor’s Report
Mayor Grenier congratulated the Girls Field Hockey team who won a Division III Championship.   Councilor Rozek moved to accept the Mayor’s Report and place on file; Councilor Theberge seconded and the motion carried.

  • PUBLIC COMMENTS there were no comments.
  • Council Comments
Councilor Nelson reported that there is a Job Fair Wednesday, November 6 for Gorham Paper and Tissue trades people from 3 to 6 at the Employment Office on Pleasant Street

She also mentioned that Capone Steel found a grant for $250,000 and they have asked for the community’s support on Facebook

  • Adjournment
Councilor Rozek moved to adjourn; Councilor Nelson seconded and the motion carried.  The meeting ended at 8:10 p.m.


Respectfully Submitted,
Susan Tremblay
Administrative Assistant