January 6, 2014
Work Session
Present were: Mayor Grenier, Councilors Otis, Remillard, Morgan-Allain, Higbee, Rozek, Nelson, and Theberge; Councilor Benski was absent
Others present: City Manager Jim Wheeler, Public Works Director Mike Perreault, Housing Coordinator Linda White, Barbara Tetreault, Berlin Daily Sun
PSNH Pole License Letter
Mr. Wheeler indicated that a letter came from PSNH to be read into the record. In the letter PSNH does not take exception to being taxed for poles but they do take exception to having to report what is on the poles. Councilor Theberge confirmed that some poles were owned by the telephone company as well.
Right of Way Encroachment at Howard & Pine Island
Mr. Wheeler explained that he sent a letter to Mr. Gendron dated December 6 and he had until the 20th to trim hedges that go into the City’s right of way on the corner of Howard and Pine Island. He placed a follow up call on January 2 and had a respectful discussion with Mr. Gendron where he made it clear that he has no intent to trim the hedges. Because the city knows about the danger, there is an obligation to address the problem. The Council can determine whether the shrubs are an imminent threat to safety where the danger would have to be corrected immediately. If they are not an imminent threat, then Mr. Gendron can be given 30 days and then the city would have to trim the hedges if he does not.
Councilor Rozek commented that the complaint was a result of having traffic from Route 16 redirected through that intersection. Now that traffic is flowing normally on Route 16, it is a non-imminent threat. The City should not go ahead until there is a full program to take care of all the visibility issues in the city. Councilor Higbee reasoned that the issue has been brought to the council’s attention and it would not be wise to ignore. Councilor Theberge encouraged all to visit the site. Councilor Rozek theorized that the property owner has been notified and some of the liability is on him. He argued that the Council should not aggressively pursue the issue. Councilor Theberge commented that the Traffic Safety Committee should be involved when traffic is re-routed
Councilor Nelson affirmed that the intersection has been marked with a “blind intersection” sign. Councilor Remillard stated that it is the Council’s responsibility to address the items that come to the table. Mayor Grenier asked the City Manager to check with the City’s property liability insurer, Primex to hear if they would pay a claim and legal expenses. Councilor Rozek also wanted to ask Primex if other areas in the city need to be addressed as well. Councilor Higbee said that it’s not so much a matter of liability; he would not want to see anyone get hurt because there is two feet of hedge in the right of way.
Federal Prison Update
Mr. Wheeler reported that in periodic calls from the BOP, they have indicated that there are approximately 600 inmates with the total population expected to be approximately 1,280. There are approximately 275 staff with the total expected to be 330.
Warden Tatum invited the City Manager to be the City’s representative on the FCI’s Community Relations Board (CRB). A few local residents who work at the prison have shown some interest in volunteering for recreation programs.
Budget Schedule
Mr. Wheeler distributed the budget schedule that has the City Manager taking his budget to City Council on March 3.
DOL Mileage Rate
The State has reduced its mileage rate to .56 per mile. Contracts indicate that the Council will approve the rate for the City. Councilor Rozek moved to approve .56 per mile; Councilor Remillard seconded and the motion carried.
Engine Brakes Within City Limits
Mayor Grenier stated that he put the item on the agenda in response to complaints he received. The City has an ordinance that does not allow engine brakes in city limits.
Councilor Rozek said that most cities have the times posted where engine brakes are not allowed. He went on to explain how diesel engines are dependent on braking for safety. He felt the ordinance should have a time limit and truck traffic is a given as the biomass plant progresses to full operation. Mayor Grenier asked to get the item on the agenda for the 27th. He asked for ordinances from other cities our size and the assistant police chief should be involved. When the power plant is running, what is permitted will need to be clear. The hours to no engine brakes should match the hours of the EFSEC permit.
Ordinance Western Avenue
Mr. Wheeler reported that the Council was waiting for a recommendation from Lt Buteau to determine the area to deem no parking on Western Avenue. The amendment was presented for final adoption at the Regular meeting.
Sand Barrels. Councilor Rozek asked about sand barrels, saying that they have been empty for the last three weeks. There has been rain and ice and there was no sand. He determined that the barrels are not being refilled and he would like to know why.
Mayor Grenier indicated that the barrels are being emptied faster than they can be filled. Mr. Perreault said that barrels are filled on Fridays and due to the holiday the crew that would fill them has been on solid waste pick up. There are also small contractors who are filling their carts. Councilors listed a number of streets where the barrels are empty.
Pavement. Councilor Rozek commented that the rain has gotten under pavement and as ice forms, it is popping pavement and creating deep potholes. He asked how public works plans to deal with it. Mayor Grenier said that cold patch will be used. Mr. Perreault added that repairs will be done when there are crews available.
Housing Update
Linda White gave an overview of housing, saying that 63 building have been demolished and that does not include approximately 30 that were taken down by the Route 110 project. There are no more NSP funds coming from CDFA.
Mayor Grenier asked about the former Bass building and Ms. White said there are some people interested but there is no one who has come forward with enough capital. The City will apply for an EPA grant for a Phase II survey. The building is in bad disrepair and its low ceiling limits its use. The building is on a great piece of land that is over ten acres and there would likely be interest once the building is demolished. Ms. White confirmed that the building is a low priority on the list of buildings to be demolished. Councilor Remillard asked if safety is a concern and Ms. White said that the building is not in jeopardy of falling onto another property and it seems that it is not a hazard.
Councilor Rozek asked about the burned property on Route 110. He’s asked about it before and the owner was going to rebuild. It has been in poor condition for several years. He wanted to know what the Intentions are for that property.
Ms. White went on with her update on housing saying that the December 19 property bids only resulted in the sale of two properties. The remaining properties will be re-bid at a later date.
616 Third Avenue , the building was put out to bid with a minimum of $22,250 in December and there were no bidders. There is someone who is very interested in the building; however he suggested that the minimum bid be reduced seeing that there are significant repairs that need to be done.
Councilor Rozek moved with a second from Councilor Nelson that the City Manager is hereby authorized, indefinitely until rescinded, to offer for sale at the earliest appropriate opportunity, the property listed by sealed bid with conditions as indicated: Map/Lot 110-0003.000, 616 Third Avenue .23 acre: 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 $15,000. 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. So moved, the motion carried.
Non-Public Session
Councilor Nelson moved with a second from Councilor Rozek to go into non-public session per RSA 91-A:3 II (d) Land Matters. The motion carried unanimously by roll call vote.
Councilor Rozek moved to seal the minutes as releasing them would make action taken ineffectual; Councilor Higbee seconded and the motion carried. Minutes are sealed until the land in question is sold.
Councilor Rozek moved with a second from Councilor Higbee to come out of nonpublic session. So moved, the motion carried unanimously by roll call.
There being no further business in work session, Mayor Grenier moved on to the Regular Meeting.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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