Work Session
September 30, 2013
Present were: Mayor Grenier, Councilors Otis, Remillard, Benski, Morgan-Allain, Higbee, , Nelson and Theberge; Councilor Rozek was absent
Others present were: Jim Wheeler, Pamela Laflamme, Linda White, Brian Valerino, Rene Boutin, Jules Poulin, Chief Trull, and Roland Berthiaume
ATV/OHRV Road Access Continued Discussion
Mayor Grenier asked Assistant Chief Valerino to update the Council on progress since the last discussion. A joint meeting was held with the Police Chief in Gorham and a proposal to have a joint permit system with Gorham was formed. Chief Cyr is bringing the idea to the Gorham Selectmen this evening.
Assistant Chief Valerino explained that the PD sees the benefits of ATV/OHRV’s in the North Country. It is in the interest of both Berlin and Gorham to reflect each other to avoid the confusing situation of some things being allowed in one community and not in the other. He said that a $12.00 yearly fee would register the 4 wheeler for riding on the city streets other than those streets on the current trail. When registering for the sticker, one would fill out a form and the laws and rules could be handed out and explained. Riders could also be asked for an e-mail address and events could be promoted through an e-mail campaign.
Hours of riding would be the same as the City’s noise ordinance which prohibits noise from Monday to Saturday 10 PM to 6 AM and on Sunday 10 PM to 8 AM. Gorham is on a State highway and their hours are ½ hour before sunrise and ½ hour after sunset; changing that will need legislative approval. During special events, City Council would have the authority to change the times to match those of the event. Another issue that has come up is if City streets are open and designated as a trail, 12 to 16 year olds would be allowed if accompanied by a licensed adult. If we don’t want to open 12 to 16, then the liability would fall on the city.
Mayor Grenier asked if the ATV riding community has been involved in the discussions and Assistant Chief Valerino stated that Councilor Theberge has been in close contact. Mayor Grenier questioned the $12.00 fee and thought that it may be too much to get full participation. The permit is for residents of the city and it will give them the privilege to leave from their home to get to the trail. The fee will help offset the cost of implementing and it will be in conjunction with Gorham.
Councilor Remillard stated that in the previous discussion guests of residents would also be allowed access. Assistant Chief Valerino clarified that anyone off of the connector trail will need the additional permit; however riders who plan only to use the current designated trail will still be allowed with no additional fee.
Councilor Benski stated that if Berlin is trying to be an ATV destination, we have to step it up and do things that are unconventional. Councilor Nelson asked about the structure of fines for offences and Assistant Chief Valerino reported that 1st offence would be a $25 fine; $40 second offence; $100 third offence with six month revocation of sticker; any subsequent offences would result in loss of permit.
Councilor Remillard indicated that the people she has spoken to would be happy to pay $12.00 so that they don’t have to trailer the ATV. Mr. Wheeler said that this system would allow full access and if someone wanted to use the ATV to get groceries, they can do that. Councilor Remillard commented that this should be done on a trial basis and it can be changed if it’s not working. Assistant Chief Valerino reasoned that where the speed limit changes to over 30, there should be no ATV use beyond that point.
The point was made that a 16 year old could drive to school if they have the sticker and Mayor Grenier commented that the Board of Education would step in and prevent that from happening. It would be up to the City Council to decide by ordinance where ATV’s would be prohibited within the urban compact.
Mayor Grenier was asked by Councilor Benski to explain the statement of creating the Wild Wild West in Coos County and he stated that the County Sheriff made the statement. He was referring to there not being enough resources in the City, County or State to fully fund rescues. There is only one rescue vehicle and it is stored in Gorham.
Mayor Grenier indicated that this is an ongoing discussion and we are making big strides and working in unison among the communities. He asked that the ATV Community help to create a permit structure that that will be agreeable to all ATV enthusiasts.
Councilor Nelson commented that the City has the option of expanding the primary trail system to include and additional loop that would lead to more businesses.
ATV/OHRV for Riverfire
Councilor Nelson asked to amend the route allowed by the Council for ATV access to Riverfire. The amended route would be from the Northern Forest Heritage Park, south to Pleasant Street, to Green Square and back up Main Street to the connector trail at City Hall.
Councilor Remillard moved to accept the ATV route proposed in the September 27, 2013 letter from the Chamber of Commerce to the City Manager for Riverfire; Councilor Benski seconded and the motion carried unanimously.
Request for Letter of Understanding re: SAFER Grant
Fire Chief Randall Trull reported that it is not uncommon for the granting agency to ask for additional information. The good news is that the grant is in the second phase which is the panel review. He presented a letter approved by the granting agency that would be signed by every councilor acknowledging that the Council is aware of the minimum staffing obligations.
Mayor Grenier commented that this grant will work to keep employees on and the Council will acknowledge that while the grant is paying for the six, no one else can be laid off.
Councilor Remillard moved to approve send the letter as requested; Councilor Morgan Allain seconded and the motion carried unanimously.
Mayor Grenier thanked the Chief and Firefighters for the work being done on the grant saying that it is rare to see such dogged pursuit.
Request for Approval of Professional Services
Mr. Wheeler explained that Wright Pierce has been the engineering firm helping the City with the I & I project. Road construction on Hutchins Street was originally going to be completed by the same construction company doing the drain line work and Wright Pierce was going to engineer the project.
The road construction is now going to go out to bid separately with Wright Pierce taking the project through to the bidding phase under a separate contract. The council is being asked to waive the requirements of Sec 2-428 of the purchasing ordinance. Mayor Grenier added that originally this was part of one big project and now we are breaking out the Hutchins Street road construction.
Councilor Remillard moved to waive the requirements of Sec 2-428 and authorize the City Manager to execute a contract with Wright Pierce for Hutchins Street road improvement; Councilor Higbee seconded and the motion carried.
10 Year Transportation Plan
Mr. Wheeler informed the Council that a hearing was held at City Hall on September 19 where projects in the 10 Year Plan were discussed. There are bridge projects for Berlin in the plan and 12th Street has already been completed; we are waiting for reimbursement. When we get the money, we will use it toward to Dead River Bridge on Hillside Avenue.
The City has been successful with Route 110 which is no longer listed. Ms. Laflamme reported that scenic vistas will be created as part of mitigation for tearing down historic homes along Route 110. This will be done at the end of the project.
Councilor Theberge expressed concern over a section of Main Street that is concave and collects water. He questioned whether it has to do with the bridge under Main Street. Ms. Laflamme stated that the bridge was reviewed during the Cornerstone Project. Mr. Wheeler indicated that there is time to make comment on the 10 Year Plan if the Council so desires.
Other
Mr. Wheeler stated that on October 1 Department Heads will be riding ATV’s to the warming hut at Jericho State Park. This will be an opportunity for city administrators to get a feel for the experience. Gorham administrators will be joining as well.
Councilor Higbee wanted to inform the Safety Committee of a school bus that picks up kids on 8th Street at 5:05 and keeps its blinking lights for 10 minutes waiting for passengers. It creates a mess of backed up traffic and it’s dangerous.
Councilor Remillard reported that sand bags were placed along Hinchey Street and Fourth Avenue to prevent water from going onto Karl Nelson’s property. PWD was going to elevate the curb there so that the sand bags can be removed.
Non-Public Session
Councilor Theberge moved to enter into non-public session per RSA 91-A:3II (d) Consideration of the acquisition, sale or lease of real or persona property…; Councilor Higbee seconded and the motion carried unanimously by roll call.
Pamela Laflamme and Linda White were there to present information.
Councilor Nelson moved to seal the minutes as releasing them would make the action taken ineffectual; Councilor Morgan Allain seconded and the motion carried unanimously by roll call.
Councilor Nelson moved to come out of non-public session; Councilor Higbee seconded and the motion carried unanimously by roll call.
Councilor Nelson moved to adjourn; Councilor Theberge seconded and the motion carried. The meeting ended at 8:15 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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