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City Council Work Session_Regular Meeting Minutes 09/08/2015
September 8, 2015
City Council Work Session

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

Others present:  City Manager James Wheeler, Housing Coordinator Linda White, Community Development Director Pamela Laflamme, and Fire Chief Randall Trull

Zoning Change Discussion
Ms. Laflamme explained that there have been some inquiries from people related to creating lodging.  The definitions in zoning and the life safety code are different and there is no reason for them not to be the same.  Having the same definitions will create less confusion for developers.  Councilor Rozek confirmed that the definitions will match those in state law.

Northern Borders Grant Discussion
Ms. Laflamme reported that in a memo from the Governor’s Office, she learned that the application to Northern Borders for the Riverwalk was not funded.  She described some of the funded projects and stated that there were 20 applications that were very competitive.  The City was encouraged to apply again next year.  Ms. Laflamme indicated that she is looking at another source for the Riverwalk that looks promising.

Motion for Property Sales
Ms. White stated that, with the exception of one, most of the tax deeded homes being put up for sale are single family.  She noted that the recommendation for the minimum bid is based on parcel size, condition and assessed value.  Mayor Grenier confirmed that if the City receives more than what it is owed, we have to refund the proceeds to the former owners.  Ms. White added that taxes, sewer, water and any maintenance costs attributed to the City could be recouped.  

Mayor Grenier asked if homes are winterized.  Ms. White reported that she will try to dispose of the homes as soon as possible but the ones that stay in the city’s ownership are winterized by draining water from the pipes and replacing it with air; however that does not always stop systems from freezing.   

Councilor Rozek moved with a second from Councilor Morgan Allain that the City Manager is hereby authorized, indefinitely until rescinded, to offer for sale at the earliest appropriate opportunity, the properties listed below by sealed bid with conditions as indicated for each property or take the appropriate action as otherwise indicated:

-Map/Lot 106-0014.000 115 Jericho Road (formerly Map/Lot 106-13,14 & 15)  .45 acre – assessed value to be determined after merger. This parcel will be offered for sale by sealed bid to the general public as a buildable lot with permitted uses including residential, under Business General zoning.  All commercial uses are subject to Site Plan Review.   The minimum bid is $15,000.
-Map/Lot 130-0343.000   Champlain Street: .09 acre – assessed value $6,300: This parcel will be offered for sale by sealed bid to the direct abutters with the requirement to merge the lot with their existing lot.   The minimum bid is $2,500
-Map/Lot 119-0465.000,  801 Third Ave .14 acre – assessed value $65,500: 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.  Minimum bid is $13,100.  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 120-0228.000,  49 Jasper Street .23 acre – assessed value $83,200: 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.  Minimum bid is $16,640.  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 125-0045.000,  99 Pine Island Ave .23 acre – assessed value $124,100: This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (good), lot size, and assessed valuation.  Minimum bid is $31,025.  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 127-0182.000,  56 Iceland Street .12 acre – assessed value $97,000: This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (fair), lot size, and assessed valuation.  Minimum bid is $12,125.  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 129-0065.000,  650 Sullivan Street .11 acre – assessed value $77,400: 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.  Minimum bid is $11,610.  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 135-0036.000,  1764 Hutchins Street .25 acre – assessed value $62,300: 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.  Minimum bid is $15,575.  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 135-0196.000,  67 Pershing Avenue .23 acre – assessed value $81,800: This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (fair), lot size, and assessed valuation.  Minimum bid is $12,270.  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.

Donation for FD UTV Equipment
Chief Trull established that Berlin Emergency Medical Services and another donor want to donate funds to equip the fire department’s UTV.  Councilor Rozek confirmed that a trailer is still needed for the vehicle.  Chief Trull estimated that the trailer will cost close to $20,000 because it will serve the best use to have a trailer capable of doubling as a command center.  

Other
Sale of 218 Jericho Road.  Councilor Nelson stated that she received a call from DRED regarding the sale of Bass Shoe and their concern for an OHRV easement to be part of the purchase and sale agreement.  Ms. Laflamme stated that the buyer agreed to the easement though she was not sure it was 20 feet.  Councilor Nelson also wanted to be sure that access to Little People’s Pond is preserved.  

Superfund Site.  Councilor Otis mentioned that there has been a lot of activity at the Super Fund site.  Ms. Laflamme explained that the EPA looked to find the responsible parties and hold them to cleaning up the site.  They have determined that Georgia Pacific is the responsible party and GP has determined that it is cheaper to cooperate.  They hired a company (Kennedy Jenks) to do initial testing to get the scope of the clean-up needed.  Once data has been collected there will be a public meeting in the spring.  

Non Public Session
Councilor Rozek moved with a second from Councilor Morgan Allain to go into non-public session per RSA 91-A:3 Nonpublic Sessions  II~ (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.  The motion carried unanimously by roll call.  

Bass Shoe – The purchase and sale from Chris Boldt was distributed.  Ms. Laflamme confirmed that the subdivision dividing out the northern parking area will be filed at the time of the sale.  Councilor Nelson wanted to be sure that the agreement speaks to the 20 foot OHRV easement and retention of Little People’s Pond.  The resolution will be amended to add:  a 20 foot easement for ohrv use, continued access to Little People’s Pond, subject to the City Attorney’s final approval  

Councilor Nelson moved to seal the minutes of a second land matter discussed as releasing them would render the action taken ineffective; Councilor Rozek seconded and the motion carried unanimously by roll call.

Councilor Rozek moved with a second from Councilor Higbee to come out of non-public session.  So moved, the motion carried.  

There being no further business in Work Session, Mayor Grenier moved to the Regular Meeting.

Respectfully Submitted,
Susan Tremblay
Administrative Assistant


PUBLIC HEARING – SEPTEMBER 8, 2015

Mayor Grenier opened the duly scheduled and advertised Public Hearing at approximately 7:48 p.m. to hear comments on the following subject matters:

- Ordinance 2015-09 Amending Zoning Definitions – No Comments
- Resolution 2015-23 Purchase of 218 Jericho Road – No Comments
There being no one wishing to speak for or against the subject matters at this time, Mayor Grenier declared the Public Hearing portion of the meeting closed at approximately 7:49   p.m.

CITY COUNCIL MEETING – Tuesday, September 8, 2015
Mayor Grenier called the Regular City Council Meeting to order at approximately 7:49  p.m. in the City Hall Council Chambers.  The pledge of allegiance to the flag preceded roll call.  Present: Councilors Otis, Morgan Allain, Gentili, Higbee, Rozek, Nelson and Theberge; Councilor Remillard was absent.  Also present City Manager Wheeler, Housing Coordinator Linda White, and Fire Chief Randall Trull

Minutes, Previous Meeting
Councilor Theberge moved with a second by Councilor Higbee to accept the minutes of the August 17 Regular Meeting/Work Session.  So moved, the motion carried.
Disbursements: Disbursement Summary Draft #1748 start date 8/18/2015 end date 9/8/2015 for a total cash disbursement of $2,135,366.43.  Councilor Theberge moved with a second by Councilor Morgan Allain to accept 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.
  • Ordinance 2015-09 amending the Code of Ordinances of the City of Berlin, Chapter 17, Zoning, Article XXI Definitions, Section 17-22, Specific Definitions.          (tabled 8/17/2015)
Be it ordained by the City Council of the City of Berlin as follows:
Now therefore, be it ordained by the Mayor and Council that the Code of Ordinances of the City of Berlin Chapter 17, ZONING, ARTICLE XXI, DEFINITIONS, Section 17-222, Specific Definitions is hereby amended as follows:
Lodging House:
A building, other than a hotel or motel, in which rooms are rented with or without meals to four (4) or more but not exceeding sixteen (16) people.  The term Lodging House shall include Boarding House, Rooming House, Bed and Breakfast, or other similar accommodation in which rooms are rented to individuals not comprising a family unit.
Hotel:
A facility open to the general public offering transient lodging accommodations for more than sixteen (16) people and providing additional services, such as restaurants, meeting rooms, and entertainment.
Inn:
A commercial facility for the housing and feeding of transients.  (For facilities accommodating sixteen (16) people or less, see “Lodging House”, for those accommodating more than sixteen (16) guests, see “Hotel”.)  This Ordinance shall be in full force and effect from and after passage.

Councilor Theberge moved with a second by Councilor Higbee to remove the ordinance from the table at this time.  So moved, the motion carried.
Councilor Theberge moved with a second by Councilor Higbee to have the ordinance read a second time by title only.  So moved, the motion carried.
Councilor Theberge moved with a second by Councilor Higbee to have the ordinance read a third time by title only.   So moved, the motion carried.
Councilor Theberge moved with a second by Councilor Higbee to pass the ordinance.  So moved, the motion carried and Mayor Grenier declared the ordinance now passed.

  • Resolution 2015-23 authorizing the sale of a portion of 218 Jericho Road, Map 104, Lot 17 often referred to as the Bass Shoe Building for $50,000 to Robert A. Chapman, Sr.        (tabled 8/3/2015
        Resolved by the City Council of the City of Berlin as Follows:
Whereas, the City of Berlin took ownership of 218 Jericho Road (Map 104, Lot 17) by tax deed in June of 2011; and
Whereas, the main building was both contaminated and one of the worst blighted structures in the City of Berlin and has not been on the tax roll for several years; and
Whereas, the City has been engaged in ascertaining the conditions of this property in an attempt to make it marketable where it could be purchased by an interested developer and turned into something positive for the Route 110 Corridor and the entire community; and  
Whereas, Robert A. Chapman, Sr., an experienced demolition contractor is willing to purchase the property and demolish the blighted buildings for the benefit of the community as well as redevelop the property into a productive tax property; and
Whereas, the property has been subdivided and was approved by the Planning Board to allow the City to retain approximately an acre of property for OHRV parking; and
Whereas, it has been determined that the public interest is best served by the transfer of this property for the purpose of economic development in the City of Berlin.  Now therefore, be it resolved by the Mayor and Council of the City of Berlin that they hereby authorize the City Manager to sign a purchase and sale agreement and do all things necessary to effectuate this sale including executing the quitclaim deeds for the sale of 218 Jericho Road (Map 104, Lot 17) for the amount of $50,000.00.  This Resolution shall be in full force and effect from and after passage

Councilor Nelson moved with a second by Councilor Higbee to remove the resolution from the table at this time.  So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Higbee to amend the resolution by adding: a 20 foot easement for OHRV use, continued access to Little People’s Pond, and it is subject to the City Attorney’s final approval.
Councilor Nelson moved with a second by Councilor Morgan Allain to have the resolution read a second time by title only, as amended.  So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Morgan Allain to have the resolution read a third time by title only, as amended.   So moved, the motion carried.
Councilor Nelson moved with a second by Councilor Morgan Allain to pass the resolution, as amended.  So moved, the motion carried and Mayor Grenier declared the resolution now passed, as amended.

NEW BUSINESS    

  • Resolution 2015-24 accepting Two Thousand One Hundred Dollars $2,100.00 of donations to provide additional equipment for the Fire Department’s Rescue UTV.      (1st read)
Councilor Higbee moved with a second by Councilor Nelson to table the resolution and schedule a public hearing on Sept 21, 2015.  So moved, the motion carried.

  • City Manager’s Report  
  • NHMA will be hosting a Right to Know Law workshop at City Hall in Berlin on Tuesday September 22.  This is a free session and is open to all local officials from member municipalities.  Register on line at www.nhmunicipal.org 
  • Bids were open today for the demolition of 234 Main St.~ (next to the Old Court House)~which will be conducted on the week of September 14.~ Cross Excavating is the successful bidder and a bid tabulation is attached.   Linda White has worked to coordinate the demolition with the outage at the Smith Hydro Dam since part of the building sits over the river.~~ As you may have seen,~we are building a temporary gravel platform between the Court House and 234 Main in order to allow access for the excavator.~~~ We are dealing with a number of factors:~~ High voltage power lines, proximity of the building to the street and shoreline protection.  
  • PUBLIC HEARINGS SET FOR 10 YEAR TRANSPORTATION PLAN (2017-2026)
The New Hampshire Department of Transportation (NHDOT) announces a total of 16 Public Hearings~have been scheduled across the State to review and receive input on transportation projects and priorities included in the draft 2017-2026 Ten Year Transportation Improvement Plan.~ There will be a hearing Wednesday, September 16, 2015 in Berlin at 6:00 PM~in the ~~~~~ City Hall Auditorium – 168 Main St.

  • Attached is notification from the NHDOT of our FY16 Block grant payments expected to total $217,183.04.  This amount is approximately $21,000 more than what was budgeted in the current budget and is attributable to the increase in road toll and registration fees (gas tax).
  • Attached is a sample taxpayer notice to Berlin taxpayers informing them of the revaluation and their new assessment value.  The notice explains to taxpayers how they may go about having their value reviewed.  In addition, the notice points to the KRT website (www.krtappraisal.com) as a located where more assessment information can be found.
  • The City Clerk has been advertising information for the upcoming Municipal Election.  Attached is the Public Notice with a list of available positions.
  • The Public Works Department reports the following:
The Seasonal Supervisor and inmate beautification activities is working well and is generating community volunteers to join in the clean-up efforts.
The athletic fields are getting positive comments from visiting teams.  The crew works closely with Northeast Agriculture to be successful with field treatments.
Work on the new Rec & Parks buildings has continued through the summer with sheetrock, electrical, plumbing and insulations contractors.  High School Program is starting back up next Monday to complete finish trim, doors and the siding.  We have started the transition to move Park Maintenance to the new facility on Gilbert St.
The PWD, Rec & Parks and WWTP have been safety incident free this summer season.  Hopefully we will remain on track to reduce our WC costs.

Mayor Grenier commented that Public Works has had significant Worker’s Comp incidents in the past and Mr. Wheeler credited the Public Works director for ongoing safety awareness.  Mayor Grenier asked for a report of WC claims for the past 15 years.  

Councilor Rozek moved with a second from Councilor Higbee to accept the Manager’s Report. In discussion, Councilor Rozek commented that he attended the Public Hearing for the 10 Year Transportation Plan last year and made the point that Route 2 does not receive enough of the State’s attention.  He emphasized the importance of upgrading Route 2.  
In the vote, all were in favor of the motion to accept the City Manager’s Report

  • Mayor’s Report  -  Appointment:  Gerard Nault reappointment to the Police Commission for a three-year term to expire September 2018.  Councilor Rozek moved with a second by Councilor Morgan Allain to accept the Mayor’s nomination of Gerard Nault to the Police Commission.  So moved, the motion carried.
  •         Public Comments –  No comments
  •         Council Comments  - No comments
  • Adjournment: There being no further business before the Mayor and Council, Councilor Rozek      moved with a second by Councilor Higbee to adjourn the regular meeting.  So moved, the motion carried and Mayor Grenier declared the regular meeting closed at approximately 8:15 p.m.
A True Record, Attest:
Susan Tremblay
Administrative Assistant