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City Council Minutes 4/20/2015
City Council Work Session
April 20, 2015

Present were:  Mayor Grenier, Councilors Otis, Remillard, Gentili, Higbee, Rozek, Nelson and Theberge; Councilor Morgan Allain was absent

Others Present:  City Manager James Wheeler, Police Chief Peter Morency, Assistant Police Chief Brian Valerino, Community Development Director Pamela Laflamme, Barbara Tetreault, Berlin Daily Sun

Mayor Grenier opened the meeting at 6:31 p.m.   He reported that he will testify tomorrow before the Senate Finance Committee on SB30 which involves the redevelopment of the Balsams.  He stated that he intends to reiterate the Council’s concerns from a letter of support sent by the Council.  Councilor Rozek moved to have Mayor Grenier testify on behalf of the Council; Councilor Theberge seconded and the motion carried.  

Request for Sole Source Purchase for Safety Vehicle
Chief Morency noted that the City has a procurement policy in which purchases of over $15,000 are put out to bid.  Exceptions are made for items on State bids or by authority of the City Council.  The PD is looking at a Lenco rescue vehicle which is on the Federal bid list.  The vehicle is able to withstand 50 caliber bullets; it is a lighter vehicle with a shorter turning radius and it has chemical and bomb detection equipment.  The vehicle is manufactured in Pitsfield, MA and the other nine communities that have such vehicles have Lenco.   Councilor Higbee confirmed that the City pays for the vehicle and the grant reimburses the City.   

Councilor Rozek moved with a second from Councilor Theberge to authorize the sole source purchase of a rescue vehicle from Lenco.   So moved, the motion carried.  Councilor Otis voted against the motion.  

Reducing Speed Limit on Cates Hill/ OHRV Trail Closure
Assistant Chief Valerino reported that the OHRV Committee recommended lowering the speed limit on Cates Hill to allow residents to access the trail.  The Police Department sees no repercussions from lowering the speed limit.    

Mayor Grenier questioned ATV’s on the streets when the trails are closed and Asst. Chief Valerino confirmed that it is not supposed to happen.  He added that the trails closed quickly this year due to the rapid snow melt.  He said that it is a matter of educating people and having consistent rules.  He stressed that the rules are there so that the trail system and the landowners’ property are not torn up during mud season.  

Councilor Higbee confirmed that the ordinance specifies that one can ride on the streets to get to the trails.  Deputy Chief Valerino stated that the Police Department should be called if there are underage riders riding around the block or causing a disturbance.  Underage drivers are not allowed to ride unless they are accompanied by a supervising adult.  Councilor Nelson suggested distributing a fact sheet that that outlines the rules.

Request to Locate Junk Yard on Jericho Road
Ms. Laflamme reported that, according to the City’s ordinance, anyone who intends to have a junk yard submits a written application to the Council.  It is then assigned to the necessary departments.  She indicated that there are different levels of junk yards that are regulated by different divisions of DES.     

Mayor Grenier asked if DES will be the regulating body and Ms. Laflamme indicated that DES does not do regular inspections on a city licensed facility.  Councilor Remillard reported that the Planning Board was very specific with conditions for a junk yard including having a list of items on the property.  Councilor Rozek worried about ground water contamination.  

Ms. Laflamme explained that if the council decides to go forward; Mr. Croteau is not yet set up at the level that is acceptable to DES.  Councilor Nelson commented that Mr. Croteau has not followed the established rules in the past; she asked, what makes this different?  Ms. Laflamme said that Mr. Croteau owns multiple pieces of property and he has acknowledged a willingness to do things differently.  With this proposal, all the junk would be on one property.  Councilor Nelson confirmed that he is not in compliance with and existing court order.  

Councilor Rozek asked if the Planning Board can require proof that the financial burdens of coming into compliance with DES protocols can be met.  He also questioned whether returning the property to its prior state could be included in the conditions.  

Councilor Rozek moved with a second from Councilor Remillard to go forward with the junk yard application of Paul Croteau on Jericho Road subject to approval of state agencies, planning and code enforcement.  In the roll call vote that followed Councilors Nelson, Higbee, Otis and Theberge voted against; Councilors Remillard, Gentili, Rozek and Mayor Grenier voted affirmatively resulting in a tie vote.  The motion failed.  

Consideration of Utility Appraisal Contract
Mr. Wheeler reported that the Department of Revenue Administration reviewed and approved the Sansoucy contract for the revaluation of utilities.  Mr. Sansoucy is an expert in his field and he has served the City as an essential expert consultant.  Mr. Wheeler recommended waiving the rfp process and approving the contract.  

Councilor Rozek moved to authorize the City Manager to sign a contract with George E. Sansoucy for the revaluation of utilities as submitted in the amount of $20,000; Councilor Theberge seconded and the motion carried.

There being no further business in the work session, Mayor Grenier called for a short recess and he moved on to the regular meeting.  

Respectfully Submitted,
Susan Tremblay
Administrative Assistant