(June 15, 2017) Administrative Services Director Mary Bohlen introduced a proposed overhaul of the parks and recreation section of Town of Berlin code during a Parks Commission meeting last Tuesday.
Bohlen, the staff liaison to the commission, said the draft was introduced to “make sure the code allows for the types of activities and events that may occur at Berlin Falls, that we might want to handle a little differently than we would for Stephen Decatur or Henry Park.”
At least one commission member, however, was concerned the panel was losing its influence in town matters.
Bohlen said several blanket statements were introduced into the code that would give the Town Council plenty of discretion when considering new events.
“The beauty of the code is, the code says these things may be allowed, but the mayor and council doesn’t ever have to say yes if they don’t feel that it’s appropriate,” Bohlen said.
She said Town Attorney David Gaskill reviewed the changes, which range from minor wording tweaks, to the introduction of a series of definitions for terms like motor vehicle, park, and special event.
References to parks commission members conducting safety inspections were deleted, because Bohlen said no one on the commission was qualified to do so.
A section on hours for the lighted tennis courts was moved, a bicycle ban was struck and replaced by safety procedures for riders in parks, and several provisions for special events were expanded.
The code previously did not allow for the consumption of alcohol in town parks, but proposed new language states “unless explicitly approved in advance by the Mayor and Council” as part of an organized special event. Event organizers are required to submit an application at least 60 days prior to any event, and all events are to be free unless a “Business Use of Park” form is submitted and approved by the Town Council.
Bohlen said the parks commission, unlike other town advisory panels such as the planning commission and historic district commission, was advisory rather than regulatory. She said any actions taken by the commission were essentially recommendations to the council.
Commission member Patricia Dufendach said she understood that, but was concerned the panel was not being heard. She said there were several instances when the town would “completely forget” to run certain decisions by the parks commission.
Her concern was triggered by an instance of the code that was changed from stating the commission “will” be involved in considering, evaluating, advising and recommending on certain issues, to the commission “may” be involved.
“Even though they don’t have to take our advice, we are still in an advisory position,” Dufendach said. “We are the resource for them, and don’t just act willy-nilly without running it through the commission.
“I never want to relinquish the citizen’s advice to the mayor and council,” Dufendach continued. “I think that we all need to make sure that the citizen’s voice is heard. I just don’t want it to bypass the citizen’s input and go directly into inside the administration, where we only hear about it after it’s been approved of at the mayor and council.”
Dufendach said she wanted the commission to have a voice in any major changes to the parks. Bohlen said she believed the intent to do so was implied.
“The intent today is there,” Dufendach said. “The words could be misinterpreted … in a future time. I just want to be sure when you say ‘may’ and not ‘will,’ it goes both ways. It’s like OK, we don’t have the responsibility, but they also don’t have to get our advice at all.”
“Technically, that is somewhat correct,” Bohlen said. “They are the holders of the checkbook. They are the enterers of the contracts.”
Dufendach said again she simply wanted citizen’s voices to be heard.
“I do want people to air their concerns and wishes about the parks, and this is a good place for it,” she said. “I don’t want them to lose sight that this, really, is a good first stop.”
“I don’t think that they will,” Bohlen said, adding she would make sure Dufendach’s concerns were stated in the meeting minutes.
Commission member Sarah Hooper also weighed in.
“The parks commission and this meeting is a vehicle for people to be able to express what it is they find important for our town,” she said.
Bohlen said the proposed code changes would require a public hearing and a formal vote by the council.
Bohlen, the staff liaison to the commission, said the draft was introduced to “make sure the code allows for the types of activities and events that may occur at Berlin Falls, that we might want to handle a little differently than we would for Stephen Decatur or Henry Park.”
At least one commission member, however, was concerned the panel was losing its influence in town matters.
Bohlen said several blanket statements were introduced into the code that would give the Town Council plenty of discretion when considering new events.
“The beauty of the code is, the code says these things may be allowed, but the mayor and council doesn’t ever have to say yes if they don’t feel that it’s appropriate,” Bohlen said.
She said Town Attorney David Gaskill reviewed the changes, which range from minor wording tweaks, to the introduction of a series of definitions for terms like motor vehicle, park, and special event.
References to parks commission members conducting safety inspections were deleted, because Bohlen said no one on the commission was qualified to do so.
A section on hours for the lighted tennis courts was moved, a bicycle ban was struck and replaced by safety procedures for riders in parks, and several provisions for special events were expanded.
The code previously did not allow for the consumption of alcohol in town parks, but proposed new language states “unless explicitly approved in advance by the Mayor and Council” as part of an organized special event. Event organizers are required to submit an application at least 60 days prior to any event, and all events are to be free unless a “Business Use of Park” form is submitted and approved by the Town Council.
Bohlen said the parks commission, unlike other town advisory panels such as the planning commission and historic district commission, was advisory rather than regulatory. She said any actions taken by the commission were essentially recommendations to the council.
Commission member Patricia Dufendach said she understood that, but was concerned the panel was not being heard. She said there were several instances when the town would “completely forget” to run certain decisions by the parks commission.
Her concern was triggered by an instance of the code that was changed from stating the commission “will” be involved in considering, evaluating, advising and recommending on certain issues, to the commission “may” be involved.
“Even though they don’t have to take our advice, we are still in an advisory position,” Dufendach said. “We are the resource for them, and don’t just act willy-nilly without running it through the commission.
“I never want to relinquish the citizen’s advice to the mayor and council,” Dufendach continued. “I think that we all need to make sure that the citizen’s voice is heard. I just don’t want it to bypass the citizen’s input and go directly into inside the administration, where we only hear about it after it’s been approved of at the mayor and council.”
Dufendach said she wanted the commission to have a voice in any major changes to the parks. Bohlen said she believed the intent to do so was implied.
“The intent today is there,” Dufendach said. “The words could be misinterpreted … in a future time. I just want to be sure when you say ‘may’ and not ‘will,’ it goes both ways. It’s like OK, we don’t have the responsibility, but they also don’t have to get our advice at all.”
“Technically, that is somewhat correct,” Bohlen said. “They are the holders of the checkbook. They are the enterers of the contracts.”
Dufendach said again she simply wanted citizen’s voices to be heard.
“I do want people to air their concerns and wishes about the parks, and this is a good place for it,” she said. “I don’t want them to lose sight that this, really, is a good first stop.”
“I don’t think that they will,” Bohlen said, adding she would make sure Dufendach’s concerns were stated in the meeting minutes.
Commission member Sarah Hooper also weighed in.
“The parks commission and this meeting is a vehicle for people to be able to express what it is they find important for our town,” she said.
Bohlen said the proposed code changes would require a public hearing and a formal vote by the council.