January 19, 2015
Work Session
Present were: Mayor Grenier, Councilors Nelson, Higbee, Theberge, Gentili, Otis, Morgan-Allain, Remillard, and Rozek
Others present included Police Chief Pete Morency, Assistant Chief Brian Valerino, Prosecutor Dan Buteau, Andre Bergeron, Barbara Tetreault Berlin Daily Sun, and public
Safety Vehicle Oversight Committee Objectives
Mayor Grenier indicated that the Oversight Committee was put together to alleviate citizen concerns about misuse of the Bearcat vehicle. He asked Chief Morency what he foresees as the role of the committee.
Chief Morency stated that there should be clear, obtainable goals. There are three items that were previously discussed: how the vehicle is equipped, what the vehicle will be used for and to review its use. The vehicle’s equipment is subject to the approval of the granting agency; however the Police Department intends to ask for a vehicle with no gun turret. Its use will be for evacuation in a rescue situation or in deadly situations.
There was concern that it will be used above and beyond what is planned and Chief Morency assured there are standard operating procedures as well as Federal, State and City laws that will have to be abided by. He suggested that the Committee should be a Review Committee as opposed to an Oversight Committee. He added that he understands having the public involved but, he has concerns about the Committee’s intent and its potential for abuse. Mayor Grenier referred to the ACLU recommendation on the Bearcat, saying that a review rather than oversight committee was recommended. Standard operating procedures are not a matter for the Committee’s input; however the reasons for deploying the vehicle should be made public. Mayor Grenier stated that the concern of the
council was that the committee would want input on the operation of the vehicle.
The review committee will have the Police Chief as the chair. He added that there are two excellent candidates to represent citizens, both are ex-police officers and one is a former elected official. They will offer constructive dialog without police having to give up any operational control of the vehicle.
Councilor Remillard voiced that the Council should be the review committee since they are the elected body. A report to the Council would be made at a public meeting that anyone can attend. Councilor Theberge agreed. Councilor Morgan Allain also liked the idea, saying that the Council has the best interest of everyone in mind. She was opposed to the committee having the ability to micromanage.
Councilor Higbee suggested that if there is something specific that citizens don’t want the Bearcat to be used for, then the Committee should hear what that is. Councilor Nelson expressed that the committee should not have any control over operations, no decision making power and no knowledge that any other citizen does not have.
After much discussion, Councilors agreed on the make-up of the Committee as: Police Chief, Chair; one Police Commission Member, two citizens, and two council members. Mayor Grenier asked if everyone was in favor of the six person committee and Councilor Remillard reported that she did not see the need for the Committee. Councilors Theberge and Rozek agreed.
Councilor Higbee pointed out that the Council made a commitment to the public that there would be a committee. Councilors conceded and Councilor Nelson asked for quarterly reports from the committee. Councilor Remillard stated that there should be clear objectives and there can be no disclosure of confidential information. The need for the Committee will be reviewed in one year.
Mayor Grenier commented that in prior discussions, there was broad agreement that the vehicle would be demilitarized to the extent that the federal government will allow. Once specifications are known, they should be shared with the review committee.
The committee would report the cost of the vehicle to taxpayers, review the vehicle log, and review complaints of law abiding citizens. The need for the Committee will be subject to review beginning February 1, 2016. The Police Chief will give a quarterly to report to the Council.
Councilor Rozek moved with a second from Councilor Nelson to have a six person Bearcat Review Committee made up of the Police Chief as Chair, one Police Commission member (Gerry Nault); two members of the public and two members of the Council with the objectives: to review non sensitive information about the safety vehicle; review the cost of maintenance including fuel to taxpayers; review the vehicle log including reasons for deployment, and to review misuse complaints from citizens. The need for the committee will be subject to review 2/16/2016. So moved, the motion carried with all voting in favor.
Councilor Rozek moved with a second from Councilor Higbee to nominate Carl Gagnon and Marc Tremblay to represent citizens on the Committee. So moved, the motion carried with all in favor.
Mayor Grenier asked if any Councilors wanted to volunteer; Councilors Rozek and Theberge volunteered. Mayor Grenier nominated the two Councilors. Councilor Remillard moved to approve Councilors Rozek and Theberge to represent the Council on the Review Committee; Councilor Morgan-Allain seconded and the motion carried.
Sunset of Ordinances
Mayor Grenier noted that the City has two ordinances that are due to sunset soon. He asked Police representatives to comment on the OHRV ordinance and the ordinance that allows bars to stay open until 2:00 a.m.
Chief Morency reported that things have gone well with the OHRV ordinance. Assistant Chief Valerino added that the City is working with Gorham and the no need to repeal the ordinance; it is great for the community. In 2014, there were 63 stops and 160 complaints. Assistant Chief Valerino stated that this is well within a manageable number of stops. He explained that some were listed as complaints; however the riders were lost and offered assistance by the PD.
With regard to having bars licensed to operate until 2:00 a.m., in 2013 there were 4 complaints between the hours of 1:00 a.m. and 2:00 a.m.; between 2:00 a.m. and 3:00 a.m. it was zero. In 2014 complaints went up to 9 between 1:00 and 2:00 and 3 between 2:00 and 3:00. This is working out fine as well and there are only 2 establishments who have taken to staying open until 2:00 a.m. on occasions. He noted that it is a good idea to revisit the issue. Councilor Higbee confirmed that there is no change in the nature of the complaints.
Assistant Chief Valerino commented that the sunset clause on the OHRV Ordinance gives the Police Department a tool to discuss with offenders and they can be warned that the privilege of riding on city streets could be gone if there are too many problems.
Councilor Gentili noted that Cates Hill is 35 miles per hour and that makes ATV’s unallowable there. There is no problem with them being allowed; it just needs to be clarified. Councilor Nelson commented that the City and State rules should be the same to avoid confusion. Mayor Grenier suggested that the OHRV Committee chaired by Councilor Theberge should review and make a recommendation.
AVRRDD Representatives
Mayor Grenier mentioned that he will be nominating Councilor Rozek as the primary representative to the AVRRDD in his Mayor’s Report. He will also nominate Councilor Theberge as the first alternate and Tom McCue as the second alternate.
Assessing Sales Study
Mr. Wheeler reported that he distributed copies of the entire assessing sales study given by the DRA to the Council. He called attention to the Weighted Mean Ratio which is 126.8 meaning that our assessed values are 26.8% higher than sales. The goal of the revaluation will be to make that number zero. The weighted mean ratio has gone up from 112 where it was last year. Multifamily properties were at 170. Mr. Wheeler noted that this alone would make the tax rate go up; however there has been some new revenue to the City such as Community Field Substation, Goebel Street Substation, Jericho Wind and Berlin Station’s PILT agreements. If values go down, the City’s county tax will be lower and it should result in more education aid.
Mr. Wheeler reported an interesting trend in the sales of single family homes in the $100,000 or more range; there are some that sold for more than their assessed valued. It is safe to assume that the federal prison is having an effect of the sale of homes. Mayor Grenier added that it reinforces the need to deal with away at the multi-family properties.
There being no further business in work session, Mayor Grenier moved on to the Regular Meeting at 7:40 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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