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HomeMy WebLinkAbout2011-10-04 Infrastructure Committee Minutes Infrastructure Committee Tuesday, October 4, 2011 City Hall Council Chambers Councilors: Patricia Blanchette Charles Longo Nelson Durgin Geoffrey Gratwick Susan Hawes Staff: Brad Moore Dana Wardwell Art Morgan Guests: Mr. James Morgan John Frawley John Hanson Dan Cassidy The Committee convened at 5:00 p.m. 1. Sewer Abatement: 32 Silver Road, Account #6301901 Brad Moore explained Mr. Morgan’s letter of request. This request was due to a water spigot they attempted to use to wash their dog, that didn’t work. When returning from vacation they had discovered the spigot they thought was shut off, was running. They had received a high usage call from Bangor Water and thus proceeding with the request. Staff recommended denial because it didn’t meet the criteria for abatement. Councilor Gratwick requested Brad to explain for the viewing public the terms for abatement, which he did. Mr. Morgan joined the table and explained the situation and thought it was a faulty spigot. He felt that there was not much difference between a leak in the basement and a faulty valve. This was not intentional, but an accident. Councilor Blanchette did not have a question, but offered how the ordinance came to be and that abatement was granted one per year. She informed the Committee she would uphold Staff recommendation. Councilor Blanchette moved and Councilor Durgin seconded staff recommendation to deny abatement. In discussion, Councilor Longo stated Staff time was worth more than the amount of the abatement. Malfunction, whether inside or out this was a reasonable request. He would be voting against. Yes: Councilor Hawes, Councilor Gratwick, Councilor Durgin, Councilor Blanchette. No: Councilor Longo 1 2. Project Canopy: Acceptance of Grant for Tree Planting & Maintenance Dana stated this was an annual grant from the Maine Forest Service for planting and pruning trees. Generally the City was successful in receiving the grant except for last year. Hopefully the City would be eligible for $8,000, with a 100% match which would come from Public Works operating budget and would be used to prune trees in the older sections of the City. Councilor Blanchette commented that Bangor was conscientious about the maintenance and pruning of the trees, especially keeping trees off electrical lines. She also noted that Aspen Tree Service needed close supervision when pruning and trimming as they butcher trees. This grant was wonderful and encouraged applying for it. Councilor Blanchette moved Staff to apply for the Project Canopy Grant and Councilor Durgin seconded. Vote: Unanimous Discussion: Councilor Longo wished to point out on page 23 that the spelling on the application of Nicki Farnum and Sarah Stevens was incorrect and wished it to be corrected, which Dana would do. 3. Review of 2012 Dock Fee Structure Art Morgan stated the Harbor Committee, at the last meeting had reviewed the dock rates for 2012 and recommended unanimously that there be no change to the rates. Councilor Longo agreed with the Committee’s recommendation except for the Patience rates should be increased. Councilor Blanchette said the Committee had discussed extensively that to increase boater use the rates should not be raised due to the economy and high fuel costs for boaters. Councilor Blanchette moved Staff recommendation that 2012 dock rates remain the same and Councilor Durgin seconded. Vote: Unanimous Discussion: Councilor Durgin stated the rates made sense and was in favor. Councilor Longo was concerned about the rates applying to everyone and was certain why he was silenced when previously mentioning the increase for the Patience. Councilor Gratwick explained that was not his intension to silence and explained the Patience was operated commercially and commercial was a different topic than the private boater fees. 2 Councilor Hawes noted the rates hadn’t changed for four years and asked if the public was informed of the rates, and were there ads. Art mentioned this was brought to the Committee early for that purpose. Councilor Blanchette encouraged starting early. Councilor Durgin urged Staff to utilize publications and all available resources. Councilor Longo stated to be serious about the waterfront and it needed more Staff available, not just weekends. Councilor Gratwick wished to address the topic of the Patience being commercial. Art explained would be another contract in the spring for the Patience. The Patience split its time between Bangor and Belfast and running an average of two cruises per weekend in Bangor. Councilor Longo asked about the rate of 700.00 per season and would that be in line with similar vessels that size. Art explained that their rate was at a rate of a twenty foot vessel and the discount offered as an incentive. Councilor Durgin said it was important to provide this type of service and Staff needed to look at the satisfaction of that service. He took a short cruise with his grandson and spoke with officials who indicated they were happy with the treatment given by Bangor as opposed to Belfast. The City would be responsible for making this service known to the public. Casual tourist wouldn’t know it existed. The Engineering Department was not responsible for publicizing. Councilor Blanchette stated that they entered into an agreement with the Patience during an economic downslide, without anybody on the waterfront and that it was a struggle to keep a boat of that sized on the river. People don’t know it’s down there and wasn’t sure it was the City’s responsibility, perhaps the responsibility of the Convention and Visitor’s Bureau or the Downtown Partnership. She referenced Walter ‘s ability in Central Services to make posters, and suggested perhaps posting those in pubs, restaurants, bulletin boards downtown. She suggested talking to Carrie Tripp and the downtown partnership. Councilor Hawes informed the Committee that packages were being looked into for cruises and walking tours or cruises and museums. Councilor Gratwick suggested the topic of advertising go back to the Harbor Committee and return to Infrastructure in February. Also, on page 29, the Revised Harbor Committee Rules should be revised because they were not welcoming, but a “thou shall not” set of rules. The rules would also to come back to Infrastructure in February. 3 4. Discussion: Federal Channel Restriction Art provided an overview. The waterfront was a full service harbor with docks and moorings. In 1989 the Army Corp of Engineers authorized a permit for the maintenance and operation of moorings and docking facilities on the Penobscot River at the waterfront. The Army Corp. of Engineers reconsidered the permit, viewing cruise ships as commercial vessels and required a 400’ navigation channel be upheld, resulting in the loss of the moorings. Shawn Mahaney with the Army Corp of Engineers explained to Art the process of reinstating services in Bangor. It would require Federal Legislation to reclassify the harbor from a Federal Navigation Channel to a Federal Anchorage, thus allowing Bangor to control where the moorings would set and maintain a 14’ by 100’ wide navigation channel. Councilor Gratwick outlined the highlighted areas on the 2009 Mooring Plan and stated an act of Congress would be necessary. Councilor Durgin said they were working off 1990 data and should develop a new plan for the placing of moorings that would be compatible with the needs. The City should get started and asked if the City Engineer had a plan already to go forward with. Art recommended asking Carol Woodcock to bring this to Susan Collins attention. Once there was approval, then develop details of moorings and who would place them, etc. John Frawley from 493 Main Road North in Hampden joined the table. The case could be made that the waterfront from Chamberlain Bridge to the oil tanks was zoned Parks and Open Space and would never be zoned commercial. The Brewer side, upper part of the river had no serviceable shoreline. And to reconsider commercial for the full width and limit commercial use to the point of dock five, reducing it to that area. Councilor Gratwick noted it was rational. Dr. Dan Cassidy, Bangor resident from 151 Kenduskeag Avenue joined the table. He stated that at the Harbor Master Association Meetings topics such as the navigation channel and changes to them were discussed. He also stated it would take an act of Congress and project timeframe of up to ten years for a decision to make the change. Current docks were illegal, in that they were in the channel. He suggested making a request at a different level and supported moving forward with official designation change and working with the Army Corp of Engineers to get temporary approval to use the permit. Councilor Durgin asked if they were in compliance. Art responded they were in compliance. Councilor Blanchette stated this was a transportation issue and urged they move on this and contact Senator Collin’s office along with Mike Michaud. The Army Corp of Engineers being sensitive and suggested professional staff should communicate with them. Also that Senator Collins listened and had worked with Bangor as she had a vested interest and has been responsible for millions of dollars to redevelop the waterfront. Councilor Gratwick summarized actions required of the Committee. Number one, to ask for congressional legislation and number two, that Staff to start talks with representatives for a change to the navigation channel. Councilor Gratwick requested this item to be brought back to Infrastructure in February. 4 Council Durgin was still not clear there was a plan and if action was necessary by the Committee this evening. John Hanson who lives on Mountainview Avenue joined the table. He stated he has been involved for many years and has seen sixty boats in the river from the Sea Dog to the area of Dock 5. He was not convinced that what they were seeking, they didn’t currently have. In 1995 he started research and had not seen any congressional action of repeal, reversed action, changed, or altered what Bangor was given. Four to five years ago there were moorings and all of the sudden there wasn’t. He was supportive of moving on this but encouraged to do homework and legal research. Councilor Durgin asked if the 2009 Mooring Plan was implemented or moved on. Councilor Longo asked if the coal tar project had an impact and if talking with the Army Corp of Engineers has or would open a can of worms. Art hadn’t found the act of congress for that permit. He also noted he wanted to go through the procedure of what should have happened prior to the Army Corp of Engineer permit. Councilor Blanchette suggested looking into Bill Cohen’s papers at the University of Maine or contacted Senators Collins and Michaud with their resources with the records of the U.S. Senate. Dan Cassidy said the 1990 permit was not an act of Congress. There was a condition that as long as there was no commercial traffic. In 2007 there were rental moorings and the Army Corp of Engineers deemed commercial due to cruise boat traffic. A change would require Congress. Another strategy he suggested would be to acquire permission on a temporary basis. Councilor Durgin urged to move fast technically and politically. John Frawley stated he was present when Senator Cohen obtained the permit and it happened in a span of five minutes. Twitchell had installed the floats and the Army Corp of Engineers saw this and said they couldn’t have a “for profit” private entity operating within the Federal Channel and was told to take them out. The City then contacted Senator Cohen who showed up at City Hall at the time when the City and the Army Corp of Engineers were in a meeting and within five minutes the Corp was saying “yes Senator, no problem Senator”. Agreed that Staff should handle communications and agreed with Councilor Durgin that a plan for private and public moorings, as well as pleasure boat navigation should be developed before contacting Senator Collin’s office. Councilor Gratwick asked for a motion on the Federal Navigation Channel change to Federal Anchorage. Councilor Longo moved direct Staff to move toward changing the Federal Navigation Channel to a Federal Anchorage and Councilor Durgin seconded. Art requested the current City Council make that recommendation so as to carry more weight. 5 Councilor Gratwick stated that it was his thought it would go to full Council, with Chair Hawes permission. Vote: Unanimous for passage. Councilor Longo moved that Staff act as City’s intermediary between Senators Michaud, Snowe, and Collins, to act on implementing changes for a temporary permit while in negotiating the Federal Navigation Channel to change to a Federal Anchorage. Councilor Blanchette mentioned she wasn’t sure if they had to direct Staff in the form of an Order. Councilor Hawes stated that this was for Art’s request that the full seated Council send it forward, dated now. Councilor Durgin stated it should go on record what the City Council wanted to do in 2011. Vote: Unanimous for passage. Councilor Gratwick asked for a “wish-list” from the Harbor Committee and bring back in a month or two. 5. Discussion: Long Term Lease or Sale of Unused Floats to Hamlin’s Marina Art stated the floats were leased on an annual basis to Hamlin Marina for the unused portions of dock four. Staff was approached by Hamlin’s regarding a long term lease or sale of those docks. Staff researched that the docks were bought from Twitchell nearly twenty-one years ago for 2,100.00. Last year rents from Hamlin’s were 673.00. He hadn’t discussed with Dan Higgins from Hamlin’s but proposed a three year lease, that amount being applied to the purchase price of approximately 1,800.00 and they would take over the maintenance. Councilor Durgin clarified the lease to read unused sections of dock four. Art stated they could opt to purchase dock four that would be replaced in the near future. Councilor Blanchette asked the estimated timeframe of when the new dock four, funded by a Boating and Infrastructure Grant (BIG) would be installed. Art said it would be delivered and installed by a private contractor in May 2012. Councilor Blanchette addressed the matter of installing and removing the old dock. Councilor Longo suggested the possibility of just selling them. Councilor Blanchette wondered what if there was a hang-up with the new dock installation and they sold off the existing docks. Could they use dock five as a backup. Art responded they couldn’t use dock five at that location. 6 John Frawley stated that it would be ideal to use some (at least three) floats anchored on both ends as a mooring and which would be safer. The advantage was they could charge higher mooring fees. Art stated dock four was 243’ long. Councilor Gratwick was interested in this suggested. Councilor Longo motioned to sell the unused sections of dock four at a mutually agreed upon price to the two parties. Councilor Durgin seconded. Councilor Blanchette requested the amendment to the motion be clarified to note the unused portion of docks in Hamlin’s possession for clarity on the Council Order. Councilor Longo so amended. Vote: Unanimous for passage. Discussion: John Hanson was concerned how the docks got to Hamlin’s marina without public notice. He stated there were two interested parties and one of them was looking for docks at the time but wasn’t aware of the availability. It was imperative the City let other businesses know when options or opportunities were available. Councilor Gratwick turned to Councilor Hawes inquiring if the motion was appropriate. Councilor Hawes said the Committee could reconsider the motion, and asked Art about this going out to bid. Art did not have an explanation and thought it had gone through the Committee and Council. He also said it would not be economically practical to pick up the docks for sending them to bid as they were already in Hamlin’s possession. John Hanson stated he didn’t wish the Committee revise their motion and apologized for bring it up, but wanted to be sure all had opportunities. Councilor Blanchette stated it came about when Dan Higgins had attended one of the Harbor Committee meetings. She said they should honor the agreement, but advertise for the remainder. Councilor Gratwick adjourned the meeting at approximately 6:38p.m. 7