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City Council Minutes 03/23/2015
Work Session
March 23, 2015

Present were:  Mayor Grenier, Councilors Otis, Gentili, Morgan-Allain, Rozek (7:10 p.m.), Nelson and Theberge; absent were Councilors Remillard and Higbee

Others present:  City Manager James Wheeler, Community Development Director Pamela Laflamme, Jay Poulin HEB Engineers, Fire Chief Randall Trull, Assistant Chief Thaddeus Soltys, Barbara Tetreault Berlin Daily Sun and public.

Mayor Grenier opened the meeting at 6:30 p.m.  He asked to add two items to the agenda:  1. Appointment of a Berlin Airport Authority Member and 2.  Non-public session regarding land matters.  Councilor Otis moved with a second from Councilor Theberge to add the items to the agenda.  So moved, the motion carried unanimously thereby achieving the 2/3 majority vote needed.

Hutchins Street Discussion
Jay Poulin reported that additional guidance is needed for the Hutchins Street Project from Turcotte Street to Napert Village.  The plan previously discussed was to have 8 ft sidewalks with 4 ft of green space in between the sidewalk and the roadway.   This plan cannot quite be accomplished within the existing right of way.  There are a few choices:  5 feet of sidewalk and 4 ft of green space or 6 ft of sidewalk with 3 ft of green space.  To put in perspective the existing sidewalks on Hutchins Street are 5 feet wide and the new sidewalks on Route 110 are six feet wide.  With 5 feet of sidewalk, it is tight for the sidewalk plows.   Once a decision is made, Mr. Poulin stated that HEB will finalize the design and get the project permitted.  

Councilor Gentili stated that he prefers to have a wider sidewalk.  Councilor Theberge asked if there would be enough room for walking and biking.  Mr. Poulin commented that the ideal width for a multi-use path is 8 feet.  Mr. Wheeler stated that time was taken to review what would be needed to obtain additional right of way and it was found that it would likely delay the project by a few years.  There is also no guarantee of getting additional right of way over the NADC property.

Councilor Theberge mentioned the run off in the spring from Success Pond Road and he asked if it will be addressed.  Mr. Poulin indicated that it will be taken into consideration in the design.

Councilor Morgan Allain asked if the 3 foot section of green space is large enough for light fixtures.  Mr. Poulin said that it is; however landscaping choices would be limited.  There was a consensus of the Council to have six feet of sidewalk with three feet of grass space.

Fire Department Budget Presentation
Fire Chief Randall Trull distributed information regarding the Fire Department budget and a capital improvement plan for apparatus replacement.  He stated that a major increase to his budget request is an increase of hours for the administrative secretary from 20 to 29 hours per week which adds $5,859.  He is also requesting the replacement of two firefighters to bring the total to 18 firefighters.  There will be no response from the SAFER grant until June 1 and there is a great need to fill the positions.

Chief Trull reported that the Department has applied for a ladder truck grant and the grant is in the queue.  Mayor Grenier confirmed that additional City funds will need to be appropriated to get to the $97,000 match the Council agreed to.  Chief Trull noted that the ladder truck is a $1 million piece of equipment.  The truck is used for most calls because it is an all-inclusive piece of equipment.   Mayor Grenier asked if the value of the existing ladder truck has been determined and Chief Trull noted that the truck would have to be sold outright.  It has not yet been appraised.  

Chief Trull indicated that about 50% of Berlin buildings are fully compliant.

Councilor Nelson confirmed that there have been three ATV rescues and several snowmobile rescues this year.  She stressed that it is important to have the statistics specific to each available for grants that may come from the State.    

Councilor Nelson asked if the City received PILT from the hospital and Mr. Wheeler confirmed that we do not.  He said that we are conceptually similar to Boston and they have a good model and have had some success with receiving PILT payments.  We will be reviewing their model.

Councilor Gentili confirmed that the overtime to achieve four person coverage at the Fire Department is $150,000 and two additional firefighters would cost $170,000.  

Chief Trull indicated that the prevention and utility vehicles are in need of replacement.  The utility vehicle is not serviceable and the City Manager funded it in his budget.  The prevention vehicle is a 2004 with 112,000 miles and needs $4000 of body work; it is not funded in the City Manager’s budget.  Councilors suggested that the Fire Department receives one of the police vehicles that will be replaced.  

Councilor Rozek entered the meeting at this time (7:10 p.m.)  Chief Trull commented that the Fire Department has gone to high efficiency lighting through Eversource and they are looking at changing the heating system and updating the windows at the fire house.

Grants in process include the SAFER Grant for $688,840 and the Assistance to Firefighters Grant for a ladder truck for $1M.
Recently acquired grants include a Fire Act Grant for $43,000 for a vehicle exhaust extraction system.  Installation will be the 3rd week of April; the replacement of fire hose for $6,540; Hazard Mitigation Grant for $7,500.
Grants being worked on are a Protective Clothing Grant for $80,000 for which the City will be responsible for 10% and a grant for a UTV rescue vehicle.

Councilor Rozek asked how the Council is not aware of the grants as they are with the PD.  Mr. Wheeler noted that grants get a resolution to apply for, accept and appropriate; however with some grants that process is delayed until the grant is filed.  

Princess Theater Update
Mr. Wheeler reported that the first step in dealing with the property that was damaged by fire in December of 2103 is that the fire chief contacts the owner and advises him to take care of hazardous conditions related to the building.  The owner presented the City with a plan; however as time went on, the plan was not going forward as expected.   Last fall the Fire Chief, Assistant Chief, and Building Inspector went into the Princess Theatre and observed things that concerned them.  The property owner was defensive and sought legal counsel and the city had to refer to legal counsel as well.  The City requested another entry into the building and given the Main Street location and security concerns, the city hired a structural engineer to be a party to that inspection.  We have the report that says the building is a hazard.  

At this time the Fire Department is preparing an order for a 155-B process where the owner will have 20 days to develop a plan of action that includes a design professional, then the owner will need to go through the standard process with permitting to make the necessary improvements to the building.   He will have 60 days to work on the completion of the plan.  If there are no results, the City will lien the property and the city is then under the obligation to address the hazard.

Councilor Rozek questioned the work that was started inside the building with 2x4 studs.  Chief Trull stated that the rafters that were built don’t appear to meet code.  The owner wants to do something with the building and wants to make it a mixed occupancy with the theatre in operation.  Mayor Grenier commented that if the owner is making a good faith effort to comply and address the immediate safety hazards he should not be chased out as long as a good faith measurable effort is in place to make the structure safe.  Chief Trull indicated that the owner was given a lot of leeway in the last year.  The major issue is getting the roof closed.

Councilor Rozek asked if the entire roof has to be replaced and Mr. Wheeler stated that the owner’s engineer would have to determine the exact work necessary to meet safety standards.  Chief Trull noted that foremost, the building has to be made safe.   

Councilor Theberge indicated that he was approached by area residents who were concerned for senior citizens who go to the Holiday Center and have to maneuver around the jersey barriers.  Coming into the city and seeing the jersey barriers does not bode well for the city either. Mr. Wheeler acknowledged the infringement on the right of way by the jersey barriers and the need to address the problem.

Request from ATV Club  
Mr. Stephen Clorite requested permission to use the parking lot at the Bass Shoe property for an OHRV Swap Meet on July 11.  Mr. Wheeler indicated that he spoke with Chris Gamache about the request and it was suggested that if allowed, it should be the space on the east end of the property so that parking is not mixed with the users of the park.  A certificate of insurance should also be in place.  Councilor Rozek moved with a second from Councilor Theberge to allow use of the parking lot.  So moved, the motion carried.  

BAA Member
Mayor Grenier indicated that Paula Benski’s position on the Berlin Airport Authority needs to be filled.  The Authority has three requests for land purchases and they also need to re-affirm the engineer of record.  He added that if the Balsams development continues to move forward, the Authority will need to discuss how to maximize the airport asset.  Currently the City subsidizes the airport by about $20,000 per year.  There could be an opportunity for it to stand on its own.  

Councilor Rozek nominated Councilor Gentili to the Airport Authority; Councilor Morgan-Allain seconded and all were in favor.

Non-Public Session
Councilor Rozek moved with a second from Councilor Theberge to go into non-public session per RSA 91-A: 2~ (d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community.  So moved, the motion carried unanimously by roll call.

Councilor Rozek moved to seal the minutes as releasing them would render the proposed action ineffective; Councilor Nelson seconded and the motion carried unanimously by roll call.  

Councilor Rozek moved to come out of non-public session; Councilor Theberge seconded and the motion carried unanimously by roll call.  

Adjournment
Councilor Rozek moved with a second from Councilor Nelson to adjourn.  So moved, the motion carried.  The meeting ended at 8:07 p.m.  

Respectfully Submitted,
Susan Tremblay
Administrative Assistant