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HomeMy WebLinkAbout2006-11-21 Transportation and Infrastructure Committee Minutes Transportation & Infrastructure Committee Tuesday, November 21, 2006 Minutes Councilors Attending: Gerry Palmer, Richard Stone, Patricia Blanchette in for Councilor Gratwick, Councilor Hawes Staff Attending: Ed Barrett, James Ring, John Hamer, Dana Wardwell Others Attending: Khem Truong Committee convened at approximately 5:00 p.m. Regular Agenda 1. Agreement with Khem Truong & Quang Thai Regarding City Tree James Ring informed the Committee that this was a City tree located on Westland Street and these folks had a sewer problem and were advised by a plumber that the removal of the tree would resolve the problem. He explained that this often is a misconception that removal of a tree would fix the problem the roots will seek new sources of nutrition. A description of the tree was provided for Councilor Palmer of about one foot in diameter. He also noted John Hamer had worked with them to resolve and restore this tree. John Hamer stated the tree was on the City of Bangor right-of-way and subject to the Ordinance with restitution and a fine. The agreement is for $1,000.00 fine and the planting of a new tree in a new location to prevent future sewer line issues. The agreement provides payment over time. Councilor Blanchette requested if the dwelling was vacant, and stated they must be held accountable but for the City to consider what type of tree should be planted. Councilor Stone requested information on how the City became involved in the conversation, of which Dana Wardwell explained how the removal process started, the folks were talked to and made aware and explained how their earlier inquiries for removing tree were denied. Khem Truong stated she called the Sewer Department who then sent someone out, and was informed the tree needed to come down, that it would be taken care of so they the expense. A week later someone came out and stated it was healthy and could not be removed. 1 Ed explained the City’s tree removal policy to the Committee. Councilor Blanchette voiced opposition to the type of plant and amount of replacement costs. Councilor Allen commented that the Department should replace the tree. Ed commented the City is only responsible for replacement if there is a backup from the City’s sewer line. This case would be the homeowner’s responsibility. th James stated that from his email printout on October 13 that Dana checked 23 Westland Street, in the morning at approximately 11:20, three hours later the limbs on the private side of the tree had been removed. After viewing it, David Rice advised that enough of the tree was cut that is should come down. Councilor Stone requested Staff work with them to replace, Councilor Blanchette seconds with comment to cost control. Councilor Stone moved that the tree should not exceed $800.00 and it is seconded. Councilor Blanchette suggested a hold on planting until the sewer line is repaired. Ed suggested a second look at the Ordinance, and noted it had been revised due to it being outdated, previous Ordinance imposed a $25.00 fine, current Ordinance thought to be to steep by some of Committee members. John explained part of the cost is for Public Works to cut, flush, and sealing which is advised by Dana. Jim suggested not to exceed $500.00, which Councilor Stone supported Staff recommendation, Councilor Blanchette seconded. 2. Request for a Lease for the State of Maine Public Safety Division – BIA Tony Caruso stood in for Rebecca Hupp. This is a three year lease for storage/trailer 240 square foot, at fair market value for $1,200 year. He explained it was a hazardous material response trailer and would be used for cold storage. The Airport recommended approval. Councilor Stone moved, Councilor Blanchette seconded. 3. Briefing – Urban Impacted Streams – Stormwater Compensation Plans and Fees Ed briefed the Committee on Urban Impaired Streams and how the State of Maine revised regulations on development. Any watershed, 8% impervious surface is considered impaired by definition. Bangor has five impaired streams (maps are included) Shaw, Birch, Pushaw, Artic, and Penjajawoc. The vast majority falls within the watersheds with exception to outer Broadway-Griffin Road area. A requirement that there be no negative impact on water quality for 2 any new development. Current stormwater control mechanism must bein place, on site to control stormwater. Also to make arrangements in other areas of watershed so net effect is zero on the stream. Both, on site and off site do it directly or pay a stormwater compensation fee to the City of Bangor based on a formula set by the State. The City then uses the compensation fee in the watershed to undertake stormwater quality. Examples of fees already set up are: Artic Brook drainage improvement, Birch Stream-payment of $8,500.00 from Penquis Cap for their new construction. To meet water quality is expected to be in the millions-some will be private. The purpose is to inform the Committee this will be expensive and there will be an additional burden on developers. Councilor Allen expressed concern of the cost for the homeowner and developer. Ed explained the fee structure is set by the State and is based on the formula. Example: Penquis Cap fee of $8,000/Walmart $74,900. Looking at improvement cost will run then million over ten years to comply. The possibility of paying by property tax or by drainage utility fees on a case by case basis for the degradation of quality on the stream, or credit if treatment is on their own property. It would be best determined when there is a GIS system in place to measure contribution on a property by property basis. At that time it will be brought back to the Committee. There are also State and Federal Grants that could be applied for. Councilor Allen stated Bangor has five out of thirty-two streams in the State-and stressed the need to work with other communities. With some further discussion amongst the Committee about sprawl concerns, Jim stated that the fee structure could be adjusted. Councilor Stone moved to adjourned, which Councilor Blanchette seconded at approximately 6:24. 3