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City Council Minutes 11/25/2013 Work Session
November 25, 2013
Work Session

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

Others present included City Manager Jim Wheeler, School Superintendent Corinne Cascadden, School Board Chair Nicole Plourde, Public Works Director Mike Perreault, Don Piper, Barbara Tetreault Berlin Daily Sun, and public

BOE – Electricity Rates
Ms. Plourde stated that the schools are paying $15,000 per month for electricity and she wants to see an open bidding process to capture the best electrical rates when the contract is up in June.  She added that some companies entice new customers with grant money and she wanted the schools to be part of the process.  Mr. Wheeler stated that at this time UMG is the broker and they are watching the market and they let us know when it is a good time to buy.  The city’s rate at this time is .0673

Councilor Remillard said that companies like UMG add to the kilowatt rate to pay for their services.  She said that going directly to the companies will save money.    

Statistical Trends of Student Population
Ms. Cascadden explained that the schools’ population has remained stable.  They have worked hard to lower the out of district costs.  There are very involved cases from the lower grades dealing with students with autism and mental health issues.  A surprising trend is that free and reduced lunch rate has gone up from 54% last year to 58% this year.    

Councilor Rozek asked whether there was the expected increase of students associated with the opening of the federal prison.  Ms. Cascadden stated that there were 35 students however they were a stabilizing factor as opposed to an increase due to Isaacson and Car Freshner closings.  She went on to say that staffing levels have decreased in several departments since 2009, mostly through attrition.

Zoning Amendment re:  Crematoriums
Mayor Grenier commented that he advocated at the last meeting, to keep crematoriums to accessory uses of funeral homes; however Councilor Benski mentioned to him that we would be restricting the free enterprise system.  He said that after giving it some thought, he agrees and he’s asked that an amendment to the ordinance be drafted to protect the community’s interest and to accommodate everyone’s needs.  

Ms. Laflamme said that the ordinance language in the current draft will remain the same; however two more zones will be added:  Business General and Industrial Business.   This would allow a standalone crematorium but keeps such away from the Residential General area.  Again it would be by special exception so that abutters get notice and there is a public hearing.  Councilor Remillard stated that Councilor Otis expressed the same free enterprise concern to her and she agrees with the revision.    

Communication re: Shrubs on Pine Island
Mr. Wheeler said that the City was contacted about shrubs on the corner of Pine Island and Howard Street.  These became more of an issue because Water Works was doing work in the area and sending detour traffic through the neighborhood.  He said that he’s met with the property owner about clearing the right of way and the property owner politely declined.  He feels he takes good care of his property and does not feel there is an issue.  

If the Council feels that the shrubs should be dealt with, there is a process that the council would go through in RSA 231:145 that specifies that the Council would deem the shrubs a hazard and notify the property owner.  If the right of way is not cleared, then the city will clear it.

Councilor Nelson said that she is not on board with declaring these shrubs a hazard because they are not the biggest safety issue in the city.  She named several Intersections with issues and asked, “at what point do we become the shrub police?”  

Councilor Rozek commented that the issue was brought to him when a constituent had a close call.  He added that, now that the issue has been brought to the City’s attention, the City is liable.  Councilors agreed that the property is one of the best kept in the City.  Councilor Theberge expressed concern about trimming the hedges when it will cause them the least distress and damage.

Councilor Rozek argued that this is a safety issue and it should not be ignored.  Councilor Nelson commented that this is where the precedence will be set.  Councilor Remillard noted that it is the Council’s responsibility to deal with the issues at hand.  

Councilor Rozek established that the Traffic & Safety Committee voted to recommend correcting the issue.  

Mr. Wheeler offered to contact the City Attorney regarding the liability for a definitive opinion.  The issue will be brought up again next week.    

Pole/Conduit License and Gas/Water Agreement Amendment Process
Mr. Wheeler said that the action requested by our attorneys comes out of the tax litigation suit with Fairpoint.  All involved communities are being asked to make changes to their pole license process.  At this time pole license requests come to the city clerk with a diagram of where new poles are to be located.  The application is reviewed by the Community Development Director and Public Works Director who sign off once they have reviewed the locations.  

By moving ahead, all pole licenses on file would be amended to include language that makes poles taxable.  All new license requests would include language to make poles taxable pieces of property.  The Council is being asked to schedule a public hearing December 16 and the companies affected will be notified and the notice will be advertised.  

Councilors agreed that it better serves the public to adopt the new license procedure; however they wanted to see what statutory ability the City has to make the changes and bring the issue back next week.

Non-Meeting
Councilor Theberge moved to go into a non-meeting per RSA 91-A:2, I(b) Legal Consultation; Councilor Otis seconded and the motion carried unanimously by roll call.

Following the non-meeting, Council reconvened to discuss the 2015-2020 Capital Improvement Plan.  

Capital Improvement Plan
Council reviewed/discussed the definition of a capital project.~  Mayor Grenier asked if standard vehicles could be excluded from “Capital” and Mr. Wheeler stated that he would look into it and that GASB34 may prevent this.~ The 2015 list of projects was reviewed.~ Budget goals were discussed in general and the Council agreed to work on these in more detail as the budget process begins.


Respectfully Submitted,
Susan Tremblay
Administrative Assistant