Work Session
January 27, 2014
Present were: Mayor Grenier, Councilors Otis, Remillard, Morgan-Allain, Higbee, Rozek, Nelson, and Theberge; Councilors Benski and Remillard were absent
Others present included City Manager Jim Wheeler, Police Chief Pete Morency, Assistant Chief Brian Valerino, Roland Berthiaume, Brian Bresnahan from Congresswoman Kuster’s Office, Barbara Tetreault Berlin Daily Sun, and public
Mayor Grenier opened the meeting at 6:30
SAFER Grant Status
Mr. Wheeler reported that the City has been in contact with FEMA regarding the SAFER grant application for firefighter personnel. Though we were very hopeful early on, we have received negative verbal feedback and it does not look like we will receive the grant. Senator Shaheen and Congresswoman Kuster have letters in to the granting agency encouraging that they fund the project. Through the effort of Councilor Nelson, a letter from the Federal Bureau of Prisons was also sent to FEMA confirming that the Berlin Fire Department is a first line of defense for the prison. There are two firefighters that retired and they have not been replaced and there are two junior men on layoff notice that are month to month.
Councilor Rozek asked how we could get such positive feedback to the application for months and then be given such a small chance of being funded. Mayor Grenier stated that FEMA views the application as not strong enough to be funded. The application was a team effort by the fire department, International Association of Firefighters, their legal department who critiqued and strengthened it.
Mayor Grenier expressed that he feels it is essential to keep the two junior firefighters but he is hesitant to replace the two that retired. Mr. Wheeler agreed adding that personnel changes are best made through attrition; layoffs are best avoided as much as possible. Mayor Grenier added that if we get the grant, we could fill the positions. The force works well with 18 and by doing this, the department will be down to 16. He also realized that the department would be paying overtime once vacations start. It was the consensus of the Council to keep the junior firefighters and revisit replacing the retirees if there is funding from the grant.
Engine Brake Discussion
Mayor Grenier explained that he’s had people who live near the 12th Street Bridge intersection complain about trucks loaded with chips and pulp wood using their engine brakes when stopping at the stoplight. Chief Morency confirmed that there are signs at the entrances to the city and the 12th Street area is not signed. There have only been three violations issued since 2011 and the PD was not notified of the problem on 12th Street.
The City’s ordinance says that there will be no use of engine (jake) brakes in the City. Mayor Grenier suggested that truck drivers who offload chips be given a pamphlet by the city that explains that engine brake use is not allowed in the city. Chief Morency noted that if the PD were notified they would patrol the area to see if there is a pattern; they would identify and stop the vehicle.
Councilor Theberge quoted from the handouts saying that engine brakes have to have mufflers and they are designed for safety. Councilor Rozek added that the ordinance should perhaps say no muffler, no engine brake. A properly muffled engine brake is a non-issue. Councilor Nelson said that before having handouts there should be a conclusion on whether there will be a change to the ordinance.
Mayor Grenier suggested that the PD monitor the use of engine brakes to see if a change in the ordinance is needed. The consensus of the Council was that the PD will monitor and report back in 90 days. Chief Morency stressed that if there are concerns, the public should call the Police Department to let them know.
OHRV Discussion
Mayor Grenier opened the discussion by saying that there are new recommendations for OHRV use from the PD and the OHRV Committee. Brian Valerino reported that a lot of research has gone into the creation of this proposed ordinance. Other communities, State and Federal governments as well as Fish and Game have been consulted.
The proposed changes would allow residents to access the trail and local businesses. Riding for the sake of riding in a neighborhood would not be allowed. The ordinance has a sunset clause so that data can be collected and reviewed and if the ordinance is not re-adopted, the access would expire after one year.
Operation of an ATV on city streets would be allowed where the speed limit is 25 or 30; they would not be allowed anywhere that the speed limit is over 30 miles per hour. Signs would go up that say “no OHRV use beyond this point”. There would be no OHRV riding from 10:00 pm to 6:00 am; however the City Council can decide to extend the hours for special events. The hours are consistent with the noise ordinance. Mayor Grenier commented that there should be stiff penalties for those who do not obey the law. Assistant Chief Valerino added that it is imperative for the community to get on board and for public support. Penalties can be charged under the city ordinance or under the State motor vehicle laws.
Mayor Grenier voiced his support saying that the community wants this to take place; however he does not want a few people to ruin it for everyone by not acting responsibly. A 14 year old cannot go riding by themselves; they have to be with a parent or guardian who will be held accountable if the underage rider breaks the law.
Councilor Nelson noted that the original plan was to have a permit system and Chief Morency indicated that originally there was going to be an alliance with Gorham and there are issues being worked on at the Legislature. Councilor Nelson said that she liked the fee structure because there were revenues to offset additional cost of police and fire. Councilor Higbee commented that the ordinance is a good piece of work.
Request for Extended Hours of Operation
Sean Lamontagne, the owner of Fagin’s Pub wrote an e-mail asking that the City Council consider allowing bars to stay open from 1:00 to 2:00 a.m. RSA 179:17 directs the hours of operation for establishments that sell on premises liquor. Recently the law was changed to allow for municipalities, through the adoption of an ordinance, to allow licensee’s to sell alcohol until 2:00 a.m.
When asked how he feels about alcohol being served until 2:00 a.m. Chief Morency said that there is not enough of a track record to say if it will work or not; however he wants to be supportive of business. He contacted the Liquor Commission’s Director of Enforcement to see how many communities have put an ordinance in place; and what conditions can be put on it. Berlin would be the first in the State. Councilor Otis commented that he advised Mr. Lamontagne to write to the Council. He added that, in the course of doing business, he’s spoken to bar owners and the majority of them want to have the option to capture the extra sales. Councilor Theberge expressed opposition. Mayor Grenier stated that he doesn’t have a problem with bars staying open until 2:00. The PD could monitor
and if there are problems, the privilege could be revoked.
Chief Morency said that the ordinance could be written with stipulations. He suggested that the Police Commission could be given the authority to approve and to revoke the extra hour. An ordinance will be written for the next meeting.
There being no further business to come before the Council, Councilor Rozek moved to adjourn; Councilor Nelson seconded and the motion carried. The meeting ended at 7:45 p.m.
Respectfully submitted,
Susan Tremblay
Administrative Assistant
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