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City Council Minutes 11/17/2008 Work Session
Work Session
November 17, 2008

Present at the meeting were:  Councilors Donovan, McCue, Lafleur, Evans, Cayer and Poulin; Councilors Remillard, Goudreau, and Mayor Bertrand were absent.  

Others present included Chief Pete Morency, Patrick MacQueen, media and public

Councilor Lafleur moved, in the absence of Mayor Bertrand, to have Councilor Donovan Chair the meeting; Councilor McCue seconded and the motion carried.

Councilor Donovan called the meeting to order at 6:30 p.m.

Police Department's Request for Outside Overtime Additional Appropriation
Mayor Pro Tem Donovan explained that the line item for outside overtime is estimated at budget time and any of this overtime paid by the department is billed out accordingly.  Revenue coming in needs to be re-appropriated.  He suggested that some mechanism be put in place so that the Police Department would not have to come back to Council.  He went on to say that the Police Department is making money on the overtime and if there is additional money, they could use for necessities.  

It was explained that the revenue is currently going into the general fund through line item 01-354-603-6004 Outside Revenue.  Chief Morency reported that all outside overtime details are billed at $50 per hour for the officer and $18 for the cruiser.  Rates are based on state average and they are more than what personnel are paid when they are on duty.  Fees are reviewed every year by the Police Commission so that costs are covered.

Chief Morency explained that this year has been extremely busy with outside details. Mr. MacQueen noted that every municipality has this problem where they estimate expenses at the beginning of the year and can't take revenue to offset additional expenses, in accordance with the Municipal Budget Law.  
Chief Morency expressed concern that when the amounts are added to the PD budget, it appears to increase the budget.  

Police Department on ATV Access
Chief Morency reported that there would be a problem with opening certain dead end streets to atv's and also remain in compliance with State Law.  There are places where owner's permission is necessary to connect.  Sites would require loading and offloading at the dead end.  Riders cannot be riding atv's throughout the neighborhood since most do not have directional lights or side mirrors.  Rider access points could be created but a controlled area is needed.  A corridor can be created with the help of DRED and the Bureau of Trails who could work to develop a trail system through the city.  

Councilor McCue pointed out that the discussion started a few meetings ago when an abutting land owner asked to have portion of Mercier Street closed.  He confirmed that the Police Department would have no issue with closing the street.  Mr. MacQueen reported that the citizen making the request to close the street has withdrawn the request.

Councilor Cayer determined that it would be a good activity for the local atv and snowmobile clubs to work together with landowners to access trail systems on land that is privately owned.   There is an opportunity to open trails so that people who are in the proximity of trails can have access.  

He added that by turning Mercier Street into private property, the problem of atv's gaining access to the trails is being sent somewhere else.  It would make sense to involve the neighborhoods, clubs, and police department to create access throughout the city.  There are communities in Maine where it has been done and those could be used as models.  He concluded by saying that it warrants further investigation before shutting down every access point.

Chief Morency agreed that neighborhoods should be involved but he questioned how access would be ok in one place and not in another.  Mayor Pro Tem Donovan reasoned that the master plan's recommendations regarding atv trails should be reviewed.  

Councilor Lafleur agreed that the Trails Bureau; DRED and the community should come together to push both the State and clubs for additional trail access to promote economic development.  Councilor Cayer voiced that this is a community issue and he didn't think we should involve the State.  

Chief Morency stated that there is work that has already been done on a trail that would come through the city and all but one property owner has agreed to provide access.  Councilor Poulin asked how the Council would get the information and Chief Morency offered to show what the options are.  Councilor Poulin questioned whether there would be arteries to keep everyone connected.   

Mayor Pro Tem Donovan noted that there is enough interest and questions to plan for a work session on the subject of atv access.

Proposed Taxi Ordinance
Mr. MacQueen indicated that the ordinance being presented comes from the exasperation of working with the existing taxi ordinance.  The city is requiring background checks on drivers and there is nothing in the existing ordinance that requires them.  This new ordinance is modeled after the one from Dover and is based on the City's needs and experience with taxi cab companies.  

The ordinance requires that a cab company have a license from the City Clerk; requires basics from drivers and the business such as background checks; there is a fee of $150; a list of things license holders can't do; specifics on insurance; and a method by which complaints are handled.

Councilor McCue questioned whether there should be a member of the Council on the Taxi Oversight Committee.  Mr. MacQueen responded that it is up to the Council.  The current ordinance has no oversight committee and he has taken the responsibility of asking the cab company not to hire drivers that have a less then clean background check.  The new ordinance requires that drivers have a valid NH driver's license to operate and that the corporation would have to be licensed in NH.  Potential drivers pay for the background check in the new ordnance.

Councilor Evans asked why we license taxis and Mr. MacQueen explained that most municipalities our size license taxis as protection to the public so that they will have some confidence that when they call a cab, it is a company that has gone through a process to become licensed.  Mayor Pro Tem Donovan noted that proposed changes to the ordinance need to be made prior to its second reading.

Other
Casino Bill
Mr. MacQueen reported that he received a call just prior to the meeting from Paul Ingersoll who wanted to know if the Council still supports a Casino Bill for the North Country.  He and John Gallus are working on such a bill this year that would put bring resort to the area and they have to get the bill in by next Tuesday.  

Councilor McCue suggested that the bill be introduced and the Council could take a position once the specifics of the bill are known.  

Councilor Evans moved to send a letter of support in general principle for the Casino Bill; Councilor Lafleur seconded and the motion failed.   Councilors Cayer, Poulin, McCue and Donovan voted against.  

Rotary Park Project
Mayor Pro Tem Donovan reported that Shari Colby of DRED has made it clear that Land and Water Conservation Fund monies cannot be accessed unless the City owns Rotary Park. The application for funding a boat launch is null and void unless the City takes ownership of the park.  He noted that he spoke with Larry Kelly and he is willing to quitclaim deed the property to the city.  If deed is in the application then the application will go forward.

The property was owned by the mills and became part of the Northern Forest Heritage Park but the City has always maintained it.  Councilor Evans confirmed that there is no tax value for the city.  Mr. MacQueen added that the City proposed that Heritage Park turn the property over to the City a few years ago and they declined.  There was no opposition to accepting the property.

There being no further business in the work session, the meeting moved on to the public hearings.

Respectfully Submitted,

Susan Tremblay
Administrative Assistant