HomeMy WebLinkAbout2009-01-06 Transportation and Infrastructure Committee Minutes
Transportation & Infrastructure Committee
Tuesday, January 6, 2009
Minutes
Councilors Attending: Geoffrey Gratwick, Peter D’Errico, Patricia Blanchette, Gerry
Palmer, Richard Bronson, David Nealley, Susan Hawes,
Richard Stone, Harold Wheeler
Staff Attending: Ed Barrett, Jim Ring, Tony Caruso, Dan Wellington, Norman
Heitmann
Others Attending: Mick Delargy, Dale Wilkes
Committee convened at 5:00 p.m.
Consent Agenda
#1 Sewer Abatement Request: 74-76 Court Street, Account #073194 and #2
Bangor Hydro Request for Pole Anchor Easement at Wastewater Treatment Plant
were moved and seconded by Councilor D’Errico without discussion.
Regular Agenda
Councilor Blanchette outlined the voting members: Councilor D’Errico, Councilor
Blanchette, Councilor Bronson, Councilor Wheeler, Councilor Gratwick, and
Councilor Palmer as the alternate.
Councilor Palmer requested #3 be taken out and discussed separately. Councilor
Blanchette said #3 and #8 were pulled out.
Councilor Palmer requested to speak about #7, Referral of Proposed Ordinance
Amendment to Chapter 223, Property Maintenance, §223-2 Amendments to
Standards, to Provide for Maximum Allowable Weed Height in Properties in the
City. Dan Wellington stated this was part of the housing code that gave
communities the decision to enforce where appropriate. This tool Code has used
about twelve times a year, which was approximately 90% of the time to deal
with foreclosures, abandon property that had not been maintained. Councilor
Palmer expressed his concern for those folks who had wildflowers, such as,
sunflowers in the esplanade for example on Somerset and Pine Street. He also
stated that sometimes the City of Bangor had a problem with its own up-keeping
of 10” limit. Dan said enforcement was discretionary, and a plant cultivated was
not a weed. Councilor Blanchette said this could be made retroactive.
Councilor Stone asked Norm about this not being uniformly enforced. Norm
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stated that it was discretionary. Councilor Gratwick moved to put back on the
Consent Agenda. Norm stated that the Consent Agenda had come and gone.
Councilor Gratwick moved for Staff recommendation and seconded by Councilor
Bronson for passage to enact the code for a 10” weed height.
Item # 3, Request for Ground Services: Customs and Border Protection of
Seized Aircraft. Tony Caruso informed the Committee this was an agreement to
accept, store, and maintain two seized Diamond, twin engine, midsized aircraft
and provided example photos. The Federal government contracted VSE
Corporation from New Jersey who contacted the Airport to handle and store
under lock and key in a separate corporate hangar and provide minor, limited,
monthly maintenance such as cycling engines/fluids and flight controls to remain
air worthy for six months to a year. The Airport recommended. Councilor Stone
asked about surety of payment and suggested to Tony to keep a watchful eye
for the final payment. Tony stated VSE was invoiced monthly and funds were
transferred electronically. Councilor Wheeler moved for passage. Councilor
D’Errico seconded with none opposed.
Item #4, Discussion: Proposed Ordinance Amending §165-13, §165-93, and
§165-92 of the Land Development Code. Councilor Stone said the proposed
amendment was directed at resolving some conflicts between the individual
rights of entertainment and residents to live peacefully. He stated he had been
working with Norm and referred to Norm for an outline. Norm outlined the
Ordinance from 1993. They looked at the figure of 300 patrons and determined
100 plus capacity was average per the fire code. The amendment would
propose 80 and added the hours of operation. He stated a municipality could
place a limit on hours and it was proposed 1:30 which would allow the end of
service of alcohol at 1:00 and would give time for people to leave. It was also
proposed to remove the provision regarding parking. In 1993 there were
parking requirements for the downtown district zone which were eliminated
years ago. They would add some language for the Urban and Service District.
He also addressed the noise factor. State statutes had a provision on disorderly
conduct and the municipality had the right to take that into consideration with
permits and that the owner/operator could be held responsible for behaviors of
patrons. He said in June 2006 there were 460+ units and provided a handout of
the current listing of number of residential units in the downtown area.
Councilor Wheeler stated that the City would be going back to controlling human
behavior and asked who would be fined, the owner of the establishment or
individual? Norm stated that under the Ordinance the owner of the property.
Dependent upon the patron activity they also may have other provisions to site
the patron. The Ordinance could be written to state owner/patron to be
responsible or could be written that the owner not be responsible. This
Ordinance was an effort to discourage inappropriate behavior and could provide
a record of incidences relative to discussion on future issue for liquor licenses or
special amusement permits. Councilor Wheeler stated he was discomforted by it
being placed on the owner of the establishment. That was his only objection
that the owner was not the offender and asked if the Police Chief was available,
which he was not. Councilor Gratwick asked who had the authority to enforce
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and if a bouncer of a club could. Norm stated ultimately the court had the
authority when there was an Ordinance violation. However, it was at the
discretion of the officer and they could follow the same criteria as with disorderly
conduct. In terms of a bouncer at a club, for instance, the authority would stop
at the door or property line. He said just because they don’t have the authority
didn’t mean they didn’t have a responsibility. Maine courts had ruled that the
owner/operator of an establishment could be held responsible for the behavior of
his patrons. If there were a nexus between what they were doing outside to
what the activities were when they were inside they could be held liable.
Councilor Stone said the responsibility was appropriate because they know what
type of people they would attract and understood the rules going in. Councilor
Bronson stated he concurred largely with Councilor Stone and requested
clarification that it meant the business owner not the owner of the real estate
property itself. Norm said it could be changed to read operator or owner of the
business on the license or permits. Councilor Palmer was please that they were
creating an environment that people could live in. Mick Delargy, downtown
business owner and member of the Bangor Liaison Committee stated he
seconded Councilor Stone’s comment that the owner be held responsible
because there was a cause and affect and stated as an example of serving
alcohol wisely to patrons. He stated he hoped it would pass. Dale Wilkes,
Franklin Place resident said she appreciated Mick’s comments and said the City
needed business, but there were residents who pay property taxes also.
Councilor Wheeler was supportive although he had questions about the
enforceability of it. Ed stated this would go back to Council for first reading,
then referral back to TIC. He suggested the Bangor Police Chief be present
then. Norm stated the noise would come back, the other provisions were land
development and would go to the Planning Board and suggested to get more
public input. Councilor Gratwick moved for the proposed changes, Councilor
Bronson seconded. Councilor Blanchette stated the land development code and
noise were two separate issues and asked if the Committee would like to
postpone sending this. Perhaps to refer the land development code item to the
Planning Board from this Committee, to leave the noise part silent and have the
Planning Board refer it to the Council. Norm suggested putting both on hold and
having the two items go on the Council Agenda at the same time. Councilor
Blanchette stated none were opposed.
Item #5, Referral: Proposed Amendment to Chapter 140, Section 140-3, Harbor
Advisory Committee. Councilor Gratwick asked if there was a conflict of interest
as he was friends with Dan Cassidy, skipper of the boat he had sailed with him
on, however, there was no financial interests. Councilor Palmer stated they
needed his input and he didn’t have a conflict of interest and it was seconded by
Councilor D’Errico with none opposed. Councilor Blanchette said that with this
amendment the position would be appointed by the Council Chair instead of the
being appointed by the Committee. Norm explained that the Ordinance would
remain the same with the exception that the Council Chair would appoint the
Committee Chair. Councilor Palmer proposed this and said it was important the
Council Chair had the ability to pick the Chairs of the Committees especially for
the Harbor and Recycling Committees. Sometimes there wasn’t a full
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compliment of voters and when the Councilor Chair sets Committee Chairs they
were sending a message about what direction of that Chair would be for the
year. His intention was to look at Council members to Chair because many times
it would be their asset and resource. He suggested not doing this for the
Planning Board or other Committees because there weren’t any Councilors on the
Planning Board and would consider it inappropriate and a potential conflict of
interest to appoint some to lead that group. Councilor D’Errico asked what
Committees appointed their Chairs. Norm provided a list of Committees and how
their Chairs were appointed. Councilor D’Errico stated he sat in on many Harbor
meetings and those appointed usually had a passion for boating, development of
the waterfront, and that enthusiasm may be lost if they didn’t have an
opportunity to Chair this kind of Committee. Councilor Gratwick concurred with
Councilor D’Errico and stated he respected Councilor Palmer’s thoughts, but felt
it was a positive to have citizens Chair sub-committees in the City and
encouraged more public participation. Many people wanted to serve the
community but didn’t want to take the time to run for Council, this was a good
outlet for public enthusiasm. He stated Dan Cassidy was a very capable person
who’s head....Councilor Blanchette interrupted and stated she didn’t think
anybody was questioning the dedication credibility, or credentials of Dan Cassidy
when serving on that Committee. The issue before the Committee was whether
they were going to allow Council Chair to make the appointments. The rules of
the Harbor Committee were that members consist of five members, one City
Councilor, four members shall be from the public, 3 having interest, knowledge
of recreational boating, and one having a direct connection with the downtown
business area. She said they were getting lost in the wonder of sail-boating as
opposed to the direction that needed to be taken as a Harbor Committee. The
Committee should be looking at the budget and formulating a budget with the
City Engineering for the development of the waterfront. She stated she had
attended many Harbor Committee meetings and had not seen people adhering to
the rules of the majority of the people being there ordered to vote on issues.
She had never met all of the Harbor Committee members because they were not
showing up because they really didn’t feel their input was being taken to the full
extent is should have been. She said Dr. Cassidy was one of the finest people
she had ever met, but they were talking about the Harbor Committee not Dan
Cassidy, and that she wasn’t sure he understood the Harbor Advisory
Committee’s role and not to promote what they’re doing and battle with the
Army Corp. of Engineers. She has been very upset about that because they
were the “big dog” in the fight and said she was not going to be quiet about it.
Councilor Blanchette said the Council Chair suggested this and to take a look at
the Chairmanship as an educational tool as a Councilor. She asked how anybody
proposed to be a leader on the Council if they hadn’t participated in various
Committee meetings and served as Chair and run it. They needed to be uniform
about this and had seen the Harbor vote on things without a quorum and that
was bothersome. Councilor Gratwick stated that was Councilor Blanchette’s
prerogative to interrupt in the middle of his giving a point, and giving a
significantly larger speech. He said with her permission, Dan was a very skilled
person, head of a medical group and St. Joseph’s medical staff. He kept
remarkably good minutes. He stated they disagreed significantly on this. And
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said Dan knows parliamentary procedure very well. The Committee would be
best served by having a Committee where people know what’s going on, have a
passion for that to run Committees if their peers deemed it appropriate. The
Chair had many roles, but should not be expanded to this particular role.
Councilor Palmer said that this Ordinance didn’t say a Council member would be
chosen, it would say the Chair would decide who will chair those two
Committees. He said he may have a preference for a Council member, however,
the next Chair may have a preference toward a Committee member who had
exemplary service or who could best served the mission. Councilor Wheeler
admitted a state of confusion. The principle of citizen participation in the
process of City government was a precious one. It’s something that cannot be
lost. He said he understood the thought behind the Council Chair’s desire to
appoint the Chair of the Harbor Committee, and also was very strongly
influenced by statements made by Councilor Gratwick with regards to the
necessity of people serving on those Committees who had a passion and
knowledge. He was concerned about people who would accept appointments
and didn’t show up. If they wanted to serve the community, make it a priority
on every Committee. If there were issues concerning the way the Harbor had
been managed or overseen then as a Council did they not have the right and
authority to address those issues outside the purview of the Committee. The
Committee needed to be consulted and an opportunity to provide input. He had
heard a lot of stories about things that may need some serious attention at the
Harbor Committee. If the opportunity or privilege of Chairmanship were taken
away from citizens who were appointed to the Committees, then they would be
faced with further problems of absenteeism. He stated he was not arguing for
or against. Ed concurred that the Council should take a look at what had been
going on. He had heard that the Harbor Committee was pushing for certain
things and operating in certain ways that had brought considerable stress,
discomfort, and distraction to the City Staff that had been assigned to work with
that Committee. He also heard that it was feeling that Staff didn’t respond to
that Committee. He pointed out that the Committee was an advisory committee,
not a committee to give Staff direction. He kept hearing about the Army Corp. of
Engineers and security and said “bring it here, I’m tired of it”, it should be
addressed at this level. He said Jim Ring didn’t need to spend as much time and
effort as he had spent on that Committee trying to deal with those issues without
any sense of direction as to what the Council interest was and with a strong
feeling what the Harbor Committee was interested in because he wasn’t sure
that they had even made a recommendation to the City Council for any action.
He urged that be done, sooner as opposed to later because it was important that
these issues be resolved. He suggested taking some strain off the City Engineer
and Staff and have the people who had to make the decision involved in the
making the decision. Councilor Palmer said that was why as Council Chair he
would like to see this Ordinance in place. It would get at those issues. He
stated he would not be voting because he was an alternate but encouraged
passage of this Ordinance. Councilor Bronson said a few minutes ago he was of
the mind that if it wasn’t broken, don’t fix but began to hear people’s names
come into the discussion and was not convinced to set a policy that goes forward
as to how to deal with particular Committee based on anyone individual. The
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City Manger had convinced him there was a problem with some sort of issue he
was not well informed of but had a sense people were excited about this. If that
were the case, being that level of problem or lack of direction he suggested
acting upon as proposed in the positive, not go into a new procedure. Instead,
go forward as is, but bring the Harbor Committee in and get their feedback and
opinions. If it was truly dysfunctional he wasn’t sure this would be the way to
get them functional. Councilor D’Errico referred to the minutes that Councilor
Gratwick mentioned. How long of a period of time did those minutes cover?
Would it be of any assistance to this Committee if they reviewed those minutes
so they had a clear understanding of what might be mixed up in this area?
Councilor Gratwick said the minutes were from the past year. Councilor
Bronson’s perspective was appropriate. There was an issue Ed brought up and
the Harbor Committee had not been shy about. Norm came to him and Jim had
been long suffering in coming to the meetings and they had talked to Ed. He
said he could give a three minute synopsis but not sure now was the time, but
the issues brought up by the Harbor Committee were very important, separate
issues. He stated they all realized that it was a Harbor Advisory Committee. The
Harbor Committee had been very good about not getting them in trouble with
the Army Corp. of Engineers. He stated there was a chain of command and
should go through Staff in situations like that. His specific concern was that they
were not going to answer that particular problem with these two Ordinances. Ed
suggested that TIC ask the Harbor Committee to put together, vote on and send
forward a list of recommendations of actions it would like to see taken. He said
that was the process that seemed to be kept getting missed. He heard the
Committee tells Jim to talk to the Corp. of Engineers to see how to do “X”. Jim
has had concerns about doing “X” because he thought it needed to be coming to
the Committee. The Committee tells Jim they need more moorings in the river;
that recommendation needs to go to the Transportation and Infrastructure
Committee. He suggested taking a look at the Committee and to have them
develop a consensus and set up recommendations to go to TIC for them to look
at. He recommended doing it now because they were coming up on budget.
Councilor Wheeler stated that since this was an Ordinance he would move 09-
031 be forwarded to the Council for first reading. Ed stated this had already
been for first reading. At this point it could be held here or referred back without
recommendation. Councilor Wheeler apologized, he had honestly forgotten they
acted on it. He moved it be referred back to the Council without
recommendation. Council Blanchette recommended someone make a motion to
table this item to the second meeting in February. And in the process meet with
the Harbor Committee, City Engineer to formulate a working structure that the
Harbor Committee could work with. Councilor Wheeler withdrew his motion.
Councilor Bronson made a motion to table the item to the second meeting in
February and in the interim to make every effort to bring the Harbor Committee
together, Councilor Wheeler seconded. Vote was made to table to the second
Council meeting in February. Jim informed the TIC Committee that the Harbor
Committee would be meeting next week and he would be talking with them and
getting back to TIC with a date to meet.
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Item #6, Referral: Proposed Ordinance Amendment to Chapter 265, Section
265-4, Recycling Advisory Committee. Councilor Hawes suggested treating this
the same. To bring the Recycling Committee in for their input, goals, etc.
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Councilor Blanchette asked to table until February 23 meeting and in the
interim meet with the Recycling Committee. Councilor Wheeler said he thought
they had their hands full with issues of the Harbor Committee. He would rather
see the two considered at the same time and suggested to put this off until the
resolution of the Harbor Committee. Councilor Bronson said to treat it the same,
but table until the first regular Council meeting in March. Councilor Palmer said
his administration ended in November and would like an up or down and have
relatively quick action because they needed Chairs to operate and function.
Councilor Blanchette asked Councilor Gratwick, Chair of the Recycling Committee
how the Committee would respond to this. Council Gratwick said they would
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meet on the 26, and he would be happy to go along with Councilor Bronson’s
suggestion for March. He spoke of continued discussions and decisions
regarding the single stream issue they would need to work on. Jim said the two
additional weeks would be helpful from the standpoint of the recommendation
from the Recycling Committee discussions. Councilor Blanchette clarified that
the issues Recycling was dealing with was not what the Ordinance was about
and requested a motion. Councilor Wheeler moved and it was seconded to table
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until February 23. Councilor Gratwick doubted, and would prefer another two
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weeks for March 9th. There was a role call vote for February 23: Yes votes:
Councilor D’Errico, Councilor Bronson, and Councilor Blanchette. No votes:
Councilor Wheeler and Councilor Gratwick.
Motion made/moved to adjourn.
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