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Home My WebLink About2009-12-22 Infrastructure Committee Minutes Infrastructure Committee Tuesday, December 22, 2009 Minutes Councilors Attending: Geoffrey Gratwick, Patricia Blanchette, Susan Hawes, Harold Wheeler Staff Attending: James Ring, Norman Heitmann, Brad Moore, Dan Wellington Others Attending: Committee convened at approximately 5:00 p.m. Consent Agenda 1. Referral: Council Order 10-031 -Amending Chapter 268, Section 268-6 of the Code of the City of Bangor, Post-Construction Stormwater Maintenance Plan Approval to Provide for Additional Time to File a Plan Jim Ring provided an outline of the Stormwater Maintenance Ordinance that was past three months ago whereby property owners/businesses were required by DEP to develop a plan and submit to the City by December 31, 2009. However, determining who the property owners were was taking longer than anticipated and with the onset of winter more difficult for the property owners to put their plan together. The proposed Ordinance would allow for an extension to submit their plan to the City by July 31, 2010 to allow property owners opportunity to observe their stormwater systems during spring melt and provided adequate time to submit a report outlining their compliance with their plan on October 31, 2010. Councilor Blanchette asked how many would need to develop a plan and submit a report. Jim responded that there were approximately 150-200 businesses and outlined in more detail why businesses were required to submit a report at Councilor Blanchette’s request to clarify for the viewing public. Councilor Blanchette moved Staff recommendation and it was seconded by Councilor Wheeler, with a request the Committee be informed of developments or problems. 2. Membership in the Maine Water/Wastewater Agency Response Network (MEWARN) Brad Moore stated the memo and agreement in the packet and explained that Maine Water/Wastewater Agency Response Network (MEWARN) sets the formal framework for public and private utilities could offer assistance to one another 1 following the procedures and standards and for the administration of this program. With this mutual aid and assistance program, member agencies coordinate response activities and share resources during emergencies, at their discretion. He noted that many utilities including Bangor Water District are members. There is a model agreement on their website. He also stated it was approved by the Attorney General, there would be no obligation and if after joining could be removed if wished to. Councilor Gratwick asked if there was a nuclear terrorism provision and Brad had indicated there wasn’t. Councilor Gratwick would like to see one in place. Jim said the City had a Citywide Emergency Operations Plan which considers some of scenarios mentioned during the discussion. Councilor Blanchette moved and Councilor Wheeler seconded. 3. Discussion: Possible Ordinance Change to Allow Chickens in Certain Residential Areas Jim informed the Committee Norm Heitmann and Dan Wellington were most familiar with this topic for later questions and stated this came about from resident requests. At present, chickens were allowed in the Rural Residential and Agriculture Zone. Under the draft Ordinance, six domesticated chickens, not roosters would be allowed for non-commercial use, subject to housing requirements, etc. The draft is modeled after ordinances in Portland and South Portland. Dan Wellington outlined the proposed changes. The highlights of the proposed changes to Code 65-10 & 11 are as follows:  Require Annual Permit  Fees of $25 (doesn’t cover cost of Health Inspector or Animal Control)  Number/type of chickens allowed: six, regardless of how many dwellings on the lot.  Only female chickens.  Non-commercial use.  Enclosure/fencing at all times.  During daylight-chickens would be allowed outside the henhouse.  Sanitation of enclosure.  Enclosure must have adequate sun/shade and impermeable to wild predators even cats and dogs.  Requirements for the henhouse, subject to review – utility type shed, painted and maintained.  In the rear yard and no closer than 20 ft to abutting property line.  Pen must be fenced and consist of sturdy wire fencing buried 12” in ground.  Roofing covered with wire, aviary netting or solid roof.  Vegetative screening.  Odors/manure/noise must not be perceptible at property boundaries.  Noise should not be loud enough at property boundaries to disturb persons or reasonable sensitivity. 2  Light – motion activated lighting.  Necessary precautions against predators, rodents, insects and parasites.  At all times clean feed and water.  Waste storage and removal. Covered fully and no more than three cubic feet stored. Area to be kept free from trash and accumulated droppings.  Required permit & fee to be filed with the Code Department.  Misstatement/omission grounds for denial, suspension, or revocation of permit.  Follow up inspection, issuance of permit for that year.  Code holds authority to deny rights, suspend or revoke a permit.  Appeal via Board of Appeals.  Prohibit slaughtering on premises. (Exception, diseased or injured chicken)  Removal of chickens if health hazard.  Removal of expired chickens-removal in prompt and sanitary manner.  There was discussion of odor control enforcement, slaughtering/dispatching, and the Police Department potentially taking “violation” calls on the weekend and holidays, which Chief Gastia expressed concern to Dan about. The following residents expressed their support:  Brent Hall, Maple Street (raises 250 chickens on an Orland farm, mentioned many other cities which allow chickens) and read a letter from Thomas Young and Alia Al-Humaidhi, with the Orizaba Farm at 2487 Ohio Street.  Mike Andrews, who lives on a farm and also read a letter from Sasha Alcott, Bangor High Chemistry Teacher who was in favor.  Citizen from Detroit - she noted moving back to the area in near future.  Dennis Chinoy (sp?) from Garland Street, who also read a letter from Summer Allen of Pine Street-both were in favor.  Steve Lexus (?) from Frankfort raises 75 birds mentioned the expense under the proposed Ordinance would be limiting if sheet metal and scrap wood couldn’t be used. And the fencing would be expensive. He estimated $500-$1000 as start up costs. He stated it takes chickens six months to mature with 2 to 3 laying cycles, maximum. Six hens could produce a couple dozen eggs a week. He suggested dispatching of the hens be via “free for the taking” and suggested the details should be worked out.  Kara Lexus (?) mentioned compost piles and praised the City with the thoroughness given. Councilor Hawes asked for any opposed. There were none opposed. Councilor Gratwick mentioned concern for the cost and size of the mesh for fencing and suggested meeting with Staff for fine tuning. Norm Heitmann suggested meeting with visitors and come back to the next Infrastructure Committee Meeting. Jim Ring suggested the following meeting due to the short week. 3 Councilor Hawes noted this would come back to this Committee on January 19, 2009. Councilor Blanchette encouraged visitors to provide pros and cons if they were unable to attend the meeting and invited non-attending Councilors of this meeting to attend th the January 19 meeting. Dan provided his email for comments and also referred to the webpage with the proposed ordinance. Councilor Blanchette moved and Councilor Wheeler seconded. Meeting adjourned at approximately 6:17p.m. 4