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HomeMy WebLinkAbout2013-11-19 Government Operations Committee Minutes Government Operations Committee Tuesday, November 19, 2013 at 5:00 p.m. City Council Chambers MINUTES Council Members: Civiello, Baldacci, Gallant, Plourde, Graham, Blanchette, Sprague Staff: Farrar, Hamilton, Conlow, Willette, Linscott, Hathaway, Johnson, Heitmann, Nicklas Others: BDN, Bangor Band, Community Members: Bruce Campbell, Alan Scoobie, Ron Rideout, Pat Kimball 1. Referral, Council Resolve 14-007, Authorizing the City Manager to Accept and Appropriate $32,518 in McKinney-Vento Homeless Assistance Funds from the U.S. Department of Housing and Urban Development (HUD) for the period 12/31/13 to 12/30/14. Director of Community Health and Human Services Patty Hamilton stated these are regular funds from the Federal Government for homeless citizens who need housing. Councilor Gallant moved, Councilor Baldacci seconded, so approved. 2. Referral, Council Resolve 14-008, Authorizing the City Manager to Accept and Appropriate $117,535 in McKinney-Vento Homeless Assistance Funds from the U.S. Department of Housing and Urban Development (HUD) for the period 12/1/13 to 11/30/14. Councilor Baldacci moved, Councilor Gallant seconded, so approved. 3. Referral, Council Ordinance 14-009, Enacting a Moratorium on Expansion of Buprenorphine Treatment Facilities. Public comments were heard in regards to the moratorium. All public who spoke agreed and explained why a moratorium should not be enacted. It will cause more harm putting people on wait lists while the Council researches the issue. 4. Election Ballot for Municipal Review Committee Board of Directors. The MRC Board consists of nine Directors from charter communities who represent municipal interests regarding the operation of the PERC Waste-to-Energy facility in Orrington. Each year, three positions become available. Currently, City Manager Conlow serves as an MRC Director and staff recommends that Bangor cast its ballot for current Director and Board Chair Chip Reeves of Bar Harbor. Assistant City Manager Bob Farrar explained this is something that comes around annually and we recommend Bangor’s vote be cast for Chip Reeves from Bar Harbor. Councilor Gallant moved, Councilor Baldacci seconded, so approved. 5. Recommendations Concerning Memoranda of Understanding at Health and Community Services. The Health and Community Department serves as a regional public health department and community service provider. In these roles, the Department works with a number of other parties, and in many instances, these relationships are outlined in Memoranda of Understanding (MOU’s). The Department is proposing to clarify which MOU’s can be handled administratively at the Department level and which MOU’s need Committee/City Council approval. Director Hamilton explained that because of its status as a regional public health department and community service provider, Bangor Health and Community Services has relationships with many community organizations. In many cases the parameters of these relationships are detailed in MOU’s so that each party has a thorough understanding of the expectations of the relationship. In some cases this relationship involves funding, but in many others it does not. Council review of these is unwarranted in many cases due to the fact that the MOU’s regularly describe work that is already occurring at BHCS. They proposed to streamline the MOU process in an effort to save Council and staff time by bringing to Council for review:  Any MOU involving funding from BHCS to another entity in the amount that exceeds $5,000. Under the plan, the Department Director has signing authority on MOU’s that involve funding from BHCS to another entity in an amount that does not exceed $5,000. And Program Managers have signing authority on MOU’s that do not involve funding commitments. Councilor Graham asked that the Council receive a memo or monthly update outlining what is going on with MOU’s that would not need Council review. Assistant City Manager Farrar stated that this has been reviewed and endorsed by the executive & legal offices. Councilor Graham moved staff recommendation, Councilor Baldacci seconded, more discussion. Councilor Gallant explained his concern is that we don’t start handing out $5,000 checks for new MOU’s without proper review. Councilor Gallant moved to amend Councilor Graham’s original motion for new MOU’s to be brought forth to the Council for funding and matching City funds, Councilor Baldacci seconded, so approved. 6. Update-Bangor Band Proposal for Acquisition of a Band Shell for Performances. A representative of the Bangor Band and Parks and Recreation Director Willette will be present to update the Committee on efforts by the Band to secure a Band Shell for performances. Parks and Recreation Director Tracy Willette reviewed the gazebo process we have been going through for a new structure and location for the Bangor Band’s performances. The last option that was brought forth was the inflatable shell. At that time concerns about warranties and weather conditions were brought up. Director Willette stated there is a 5 year warranty that comes along with the shell. All references were checked out with others who have used this and all were favorable. Laurie Wingo, the President of the Bangor Band, spoke in regards to the weather concern and stated that if there were winds over 20mph, the band would not be playing regardless. Councilor Gallant explained his concerns of liability to the City. Councilor Sprague asked if this temporary venue would be for a few years and then a permanent venue be built for others to use such as Penobscot Theatre. Bill Miller, band member, explained that they are very cautious with weather due to the fact of damage to their instruments, equipment and themselves. He does not recall anyone getting hurt in the past 60 years he has been a part of the band. He urged the Council to support this option. President Wingo researched the average wind speed anytime of the year and Bangor has shown a pattern of low wind speeds during the months they perform. If something did come up the inflatable shell can be deflated in 2 minutes. Safety is their number one concern. Councilor Baldacci moved to authorize staff to go into negotiations for an agreement that contains the band shell as a stage for Bangor Band and asked that part of the agreement include provisions for liability to protect the City, Councilor Plourde seconded, Councilor Gallant doubted, so approved 4-1. Band Treasurer McKay, who is also in insurance, asked that the agreement be broken into two parts since the band only uses it for two hours at a time. She asked the City be in charge of the liabilities when the shell is rented to groups other than the band. 7. Update-Various Community Connector Issues.  Odlin Road Bus Route – Funding Status for Route Continuation Assistant City Manager Farrar stated that we have raised funds to keep the Odlin Route running. To date we have raised $11,085 of the $20,000 needed so we are short by $8,900. There are funds in the bus budget (due to the delay in implementing federal ACA requirements) that can cover the remaining amount. We propose to use those funds to make up the shortfall to continue the route until June 30, 2014. Council had originally voted to cease the route so we will need to pass an order to continue the route. Councilor Baldacci moved, Councilor Plourde seconded, so approved.  Penquis/MaineCare Revenue Shortfall Asst. City Manager Farrar explained that due to changes at the State level of Mainecare reimbursement there is a potential revenue shortfall. People who had received bus passes in the past, will no longer be eligible for them. We estimate that our shortfall will be approximately $143,000. In the next few weeks staff will be creating a plan on how to deal with this shortfall and ways to supplement it and will come back to the committee with that plan.  Bus Hub Alternative Study Assistant City Manager Bob Farrar stated that at the next meeting our Transit Hub Study Consultant will be joining us to update the committee on the analysis done of the shortlist of sites they were given that could potentially be a new bus hub. Due to some personal issues with our consultant, he is a little behind but assured us that this study should be complete in the next few months. _____________________________________________________________ At 6:30pm the Committee voted to move into Executive Session to consult with legal staff (1 MRSA Sec. 405 6 (e)). At 7:00pm the Committee moved out of executive session and returned to public session. Committee members discussed the benefits, limitations and impacts of the proposed Ordinance (14-009). It was then moved by Councilor Gallant, seconded by Councilor Baldacci to revise/amend 14-009 in a manner that would prevent Code Enforcement from issuing permits for physical expansion of an existing facility, or establishment of a new facility, at which buprenorphine is dispensed. It would not affect the prescribing of buprenorphine by doctors, regardless of where the prescribing takes place. The motion was passed 4-1 (Graham opposed). This will be on the November 25, 2013 City Council Agenda in the form of an “as amended” Ordinance to the original 14-009. Adjourned at 7:21pm