Work Session
February 17, 2014
Present were: Mayor Grenier, Councilors Otis, Remillard, Benski, Rozek, Nelson, and Theberge; Councilors Morgan-Allain and Higbee were absent
Others present: City Manager Jim Wheeler, City Clerk Debra Patrick, Police Chief Pete Morency, Assistant Chief Brian Valerino, Henry Sanschagrin, Rene Boutin, Emile Croteau, Ron Croteau, Barbara Tetreault from the Berlin Daily Sun and public
OHRV Penalty Information
Assistant Chief Valerino explained that the Council had recommended that penalties be added to the OHRV ordinance. Penalties were modeled after existing fines: first offence is $100; 2nd offence is $250; and 3rd offence is $500. The officer would have discretion to give a warning, charge under the City ordinance or charge under the Fish and Game laws.
Councilor Rozek expressed concern that a driver between the ages of 16-21 could lose their operating privileges for a minor violation. Chief Morency clarified that if a person is charged under the City ordinance, it does not go on the State driving record. The ultimate goal is to have everyone operate safely and obey the law. Councilor Rozek established that the fine can be adjusted in correlation to the severity of the situation on the street.
Mayor Grenier asked if Gorham will have the same rules saying that it is important to have uniform enforcement in both communities. Chief Morency stated that Gorham is going by state law and they have already established their rules. Berlin will work together with Gorham and share information. Mr. Wheeler noted that to the rider that is obeying the law, the rules will appear to be the same in Berlin and Gorham.
Councilor Rozek confirmed that ATV’s have to be registered; there is no permit required and the purpose of allowing ATV’s on city streets is to allow riders to go to businesses and to get to the trailheads without trailering their atv. Councilor Remillard asked if there is an appeal process and Chief Morency stated that it would be District Court.
Council conceded to allowing questions/comments from those present. Ron Croteau asked how this new ordinance will be conveyed to those visiting from out of town. Assistant Chief Valerino indicated that if there are relatives visiting who ride, they will also be allowed to ride to get to the trail. Chief Morency added that the rules will be posted in the kiosk and we will take the opportunity to get information out to people. Councilor Nelson suggested a fact sheet for places where ATV’s register adding that the Chamber would be happy to help distribute. The information will also be on the City and County web sites.
Emile Croteau confirmed that only areas in the city with a speed limit under 30 miles per hour will be open. He asked if the trail through Dead River Park could be closed to ATV’s as it causes a disturbance to the neighborhood. Mayor Grenier asked Councilor Theberge to take the issue to the OHRV Committee for a recommendation to the Council within 4 to 6 weeks.
On Premise Alcohol Sales until 2:00 am
Chief Morency explained to the Council that he discussed granting local bars the ability to stay open until 2:00 am with the Police Commission who were asked to set the criteria. The Commission thought the best way to move forward would be to adhere to the State law where the same rules would apply in the additional hour from 1:00 to 2:00 a.m. If the rules are broken, then the Commission could revoke the additional hour.
In discussion it was determined that most bars would not regularly stay open beyond 1:00 a.m. The more likely scenario is that a bar would be open for a special event or on holiday weekends. Liquor enforcement will be watching closely since we are first in the State to enact the new legislation. Chief Morency added that the Council is empowered to enact and also has the ability to revoke. Councilor Rozek suggested a sunset clause of one year and Mayor Grenier said that he is undecided on whether to support. He asked for a monthly report from the Police relating to alcohol incidences between the hours of 1:00 and 2:00 a.m.
Special Election - March 11, 2014
Debra Patrick presented the Council with the following roster of experienced election officers for the upcoming March 11, 2014 election: Moderator: Robert Morrissette; Ward Clerk: John DeChamplain; Checklist Supervisors: Donald Bisson, Henry Bosa, Shirley Croteau; Ballot Clerks: Jane Poirier, Paul Croteau, Anita Valliere; Greeter: Debra Patrick
Councilor Remillard moved to accept the duty roster as presented; Councilor Benski seconded and the motion carried.
Hutchins Street Reconstruction Bid Award
Mr. Wheeler presented the Council with a list of five bidders, with the low bid from AB Logging at $357,521.50. References for AB Logging were checked and their work is satisfactory.
Councilor Theberge questioned the unfinished work on Hutchins Street and Mr. Wheeler reported that the City needed to spend $1 million of grant before December 30 or lose the money. The funding was not lost, though Hutchins Street has remained unpaved. There is a small amount of finish work that needs to be done on the drain line project and once construction season begins, the paving project will get done.
Councilor Rozek moved to award the Hutchins Street project to AB Logging at $357,521.50; Councilor Nelson seconded and the motion carried.
Request to Use Courthouse for Local Film Group
Mr. Wheeler reported that he was contacted by Chris Dubey who asked to use the Council Chambers for an amateur film project where there will be a courthouse scene. Mr. Wheeler made them aware of the Courthouse. He added that he reviewed the script and there is nothing controversial. The film makers may be asked for a release
Councilor Nelson moved to allow the use of the courthouse subject to conditions set by the City Manager; Councilor Rozek seconded and the motion carried.
Non-Public Session
Councilor Nelson moved with a second from Councilor Benski to enter into Non Public Session per RSA 91-A:3 II (e) Litigation. So moved, the motion carried unanimously by roll call vote.
No decisions were made in non-public session.
Councilor Rozek moved to come out of non-public session; Councilor Otis seconded and the motion carried unanimously by roll call.
There being no further business in work session, Mayor Grenier called for a short recess and went on to the Regular Meeting.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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