HomeMy WebLinkAbout2010-07-13 Government Operations Committee Minutes
Government Operations Committee
July 13, 2010
Minutes
Councilor Attendance: Blanchette, Wheeler, Hawes, Gratwick, Weston
Staff Attendance: Heitmann, Gastia, Yardley, Nicklas
Others: Attorney Hamer, Dennis Mable, Ms. Hoy
Committee Chair Gratwick opened the meeting at 5:00 p.m.
Items were taken out of sequence.
2. Forest Avenue Handicapped Parking Spot and Correction to Schedule VI, Parking
for Persons with Disabilities
Nicklas stated that the purpose of this is to add a handicapped parking spot in a better
location than the two spaces that currently exist at the Abraham Lincoln School. These
two spaces are currently near the back entrance of the school, which is now kept locked
and difficult to locate for those unfamiliar with the building. The primary access to the
school is on Forest Avenue. This is also where there are cameras and a buzzer system.
This Ordinance would establish a handicap parking spot on Forest Ave. near this
entrance and correct an error that was made several years ago which included some
language in City Ordinances in Schedule 6, the handicap parking schedule, which should
not be there.
A motion was made and seconded to approve staff’s recommendation.
1. Sex Offender Residency Restrictions
Nicklas stated that a Bangor resident has asked if the City of Bangor would enact a
restriction for sex offenders on residency. The Ordinance would not allow those
convicted of certain sexual offenses, such as those that are classified as class A, B and
C crimes against children under the age of 14 to move to locations within 750 feet of
schools or publicly owned property where the primary users are children. Sex offenders
who fall under those designations, but are already living within that buffered area,
would be grandfathered and be allowed to continue to live there until they chose to
move. There would be penalties associated with this, which would include a fine and
an injunction. These restrictions parallel those which are allowed by law enacted last
year by the state. The State has preempted Legislation in this field to a large extent,
which means there are certain limits on what municipalities are allowed to enact. This
Ordinance would enact as wide a restriction as allowable under State law.
Responding to Weston, Nicklas said that the State mandates the maximum extent to
which the City can regulate in this field. The City can be no stricter than the State;
however, the City can be less strict. Weston asked Nicklas to give a brief overview of
what the class A, B and C crimes are. Nicklas said that a Class C sex offense is a crime
punishable by up to 5 years incarceration and a $5,000 fine. Class B crime is
punishable by 10 years incarceration and a $20,000 fine and a Class A crime is
punishable by up to 40 years incarceration and a $50,000 fine.
Hamer, an attorney for Rudman and Winchell, stated that his client, Angela Hoy, is the
reason that this all came to light. He said that many people in the City believe that
either the City or the State already regulates where sex offenders can reside. When it
was discovered that there are no regulations, Ms. Hoy came to him and asked what can
be done. They did some research and came up with the State statute that does
regulate the extent to which the City can regulate where sex offenders can reside.
Prior to 2009, municipalities had free reign. They could have whatever restrictions they
wanted and some towns had extremely restricted Ordinances and some had none.
Since 2009, there are limits to which the City can regulate where sex offenders reside.
This does have the effect of making it somewhat fairer to all the communities.
Currently, there is some consistency that is in place for the Ordinances that are adopted
for those municipalities that decide to do so. The Ordinance that has been provided is
consistent with State law, and in terms of what Hamer’s firm believes this will do, is
balance the needs of the community to provide a safe environment for children with the
needs of people by allowing them to choose their place of residence. They think this is
the proper balance to do so. These crimes are felonies and serious felonies with 5, 10
and sometimes up to 40 years of incarceration. These are not misdemeanors or felonies
with one year penalties but can include gross sexual assault, sexual exploration of a
minor, and in certain instances of sexual abuse of a minor, unlawful sexual contact,
visual sexual aggression, sexual misconduct of a child, and solicitation of child by
computer. There is class A, B and C felonies associated with all of those crimes. Hamer
also pointed out that this is an Ordinance that applies to people that are convicted of
these crimes against children that are up to 13 years of age. This includes very young
children.
Hamer said that the Ordinance is prospectively, which means that if someone lives in a
house and the Ordinance goes through; they are not required to move. Publicly owned
property where kids are the primary users would include playgrounds and the City’s
pools. The way this would be enforced would allow a police officer to give a written
notice to the resident to allow that person the opportunity to move. If the person
refused to move in a reasonable time period, the City can sue to enforce the Ordinance
with fines and an order to move. Hamer clarified that the way that the Ordinance is
written includes any park that has playground equipment or something special about
that park that makes it a place where kids congregate. The 750 feet would be
measured from the playground equipment instead of using all four corners of the park.
Responding to Wheeler, Hamer said that Davenport Park would not be included due to
the lack of playground equipment. He concluded by saying he has confidence that
setbacks are an appropriate means of achieving some sort of protection. He is trying to
address part of the problem and thinks that addressing part of the problem is necessary
and failing to take that step would be a negative thing for the community. He said they
are asking the Committee to recommend that this item be placed on the Council
Agenda for first reading with the idea that by then there will be a very good draft ready.
This is a workable and reasonable Ordinance and something that the community owes
the children.
Responding to Weston, Hamer said that the State allows the City to regulate the
resident and does not allow the City to have a generalized setback for personal
appearances. The person has the ability to walk through these areas and would not
have to drive their car three blocks out of their way to get where they are going.
Responding to Hawes, Hamer said that the State statute does not cover privately
owned daycare centers.
Blanchette is requesting that if this goes to first reading and comes back, she would like
to have maps with the areas within the City that is being affected. She would also like
to request that the Chief of Police come back to this committee with a plan of how he
will enforce this and what impact it will have on his workload.
Hamer provided the Committee with a map of the City with the schools and
playgrounds that will be protected.
Gastia applauds anyone who brings forth an item that can assist the Police Department
in protecting the City and secondly someone who brings something forward that will
protect the most vulnerable assets this community has, which are the children. He
wanted to point out again that this Ordinance does not prohibit anyone from visiting the
park or being in the area. This only applies to those felonies residing in that area. He
feels that this is important because an Ordinance like this sometimes instills a false
sense of security. It sometimes makes people believe that their children are safe or
safer because a person cannot reside within this certain area. The reality is that many
offenders do not reside in these locations, but visit them. He stated that he was
prepared to answer Blanchette’s question tonight regarding the impact that this
Ordinance would have on the Police Department. He said that although the Police
Department is very stressed in attempting to monitor registered sex offenders, as is
mandated by the State but added that it is unfunded, but this would create virtually no
more heavy lifting for the Department than what is already being done. The
department already has to track where people are residing, they need to be checked on
periodically. The only additional work would be if someone chooses to live in this
restricted area and action was needed to enforce the Ordinance. He spoke to the
Lieutenant and the Sergeant for the detective division and the Department’s Detective
that handles the registered sex offenders. While he has a case load of over 200
registered sex offenders, it is just a matter of plugging the new Ordinance in and
making sure that when he goes out to check on these individuals that he is aware of
what the Ordinance says and whether or not that residence is within the buffer zone.
Responding to Weston, Gastia said that the investigator receives the information from
the state and goes out to physically visit that sex offender. Everyone on the list gets
checked and some get checked more frequently. The offenders that are known not to
follow the law are the ones that get check more frequently. If the sex offender is not
residing at that residence, the officer has to apply for a warrant for that person that
comes from the DA’s office. Sometimes this warrant is granted and sometime it is not.
He pointed out that the periodic checks might happen every 6 months, but it all
depends on the case load of the Officer. When someone looks at the Stat’s website to
find out where the offenders are residing, it is as accurate as it can be from the City’s
perspective. If the department finds that someone is not residing where they are
indicated on the website, the department immediately notifies the State at which time
they are supposed to update the website.
Yardley informed the Committee that he has taught child welfare at the University of
Maine since 1986. He also applauds anyone that tries to make the community a safer
place. He cautions the Council to consider that when speaking of sex offenders, it
conjures up ideas and images of people, but in fact, a lot of the sex offenders that he
has worked with in his career do not fit a description that he thinks this law is trying to
address. The vast majority of people convicted of sex abuse violate a child in their
home or a child visiting their home. He cautions that whatever comes out of this
people should still exercise appropriate supervision over their children. This Ordinance
will not make them safe. He provided the Council some information from the American
Journal of Public Health where there have been a number of studies done around these
kinds of issues. His role at the City is a big part of housing poor people. One of the
concerns he has is the limitations on where poor people will be able to live because
they are much more exposed to public scrutiny because they have to go through the
City. This map would be used by his department and he has asked for a legal ruling
from Augusta on whether they will allow them to include this as a screen in the
application process if this Ordinance is passed. He thinks it is important to think about
the possibilities that if this is passed, the offenders will then move somewhere else. He
thinks this is a simple solution to a very complicated issue.
Wheeler spoke about an article he read on Sexual Offender Laws and Prevention of
Sexual Violence by Dr. Kelly Bonnerkid in the American Journal of Health and he found
the data interesting and intriguing and somewhat complicating. He brought up the
allegation that many have heard regarding the welfare recipients and sexual offenders
from other communities, in and outside of Maine, that have a habit/addiction of “buying
them a bus ticket to Bangor” because Bangor has the facilities and the expertise to take
care of the problem. He asked Yardley his opinion on this allegation. Yardley said that
there are limited options for correctional facilities, for example, when they discharge
someone that has no place to live there are only a limited number of resources
available across the state. He is afraid that this point might complicate this discussion.
The message he would like to leave is he thinks that this Ordinance would address a
very, very small portion of those that are convicted of the crime of sexual abuse,
whether it is Class A, B or C. In his experience, and he has been involved in child
welfare for 30 years, a very small segment of those offenders are convicted of sexual
crimes against children. He is not saying that is not worth doing, but the vast majority
of those convicted of sex offenders are going to be outside of that restricted area.
Hamer thanked Yardley and Gastia for the reminder that passage of this Ordinance
does not make it a safe place. It is the tool that is being allowed to enact by the State
and the best that can be done. He would rather have this on the books than nothing.
He also thinks that it is clear from the statistics that there is a need as well. Ms. Hoy
has gone through a number of different websites to get an idea of the kind of numbers
that are in the Bangor community, and how that compare to other communities. He
thinks it is important to understand that because Bangor is a service center, or maybe
because Yardley does his job so well, there are an inordinate number of people with sex
offences that are residing in Bangor. According to the State of Maine sex registry, there
are 210 in Bangor, 190 in the greater Portland area, 207 in Augusta, and 174 in
Lewiston, which are all service areas. In Old Town, there are 19, Hampden has 12 and
Orrington and Orono have 7. It drops off quickly when out of the service center.
When factoring the population, the story really comes out. In terms of the number of
sex offender residents per 1,000 residents, Augusta is the highest at 9, Bangor comes
in second at 5.82, and Brewer has 4.3, etc. This drives home the need to do whatever
the community is allowed to do.
Ms. Hoy is a Bangor resident and thanked everyone for being there. She said this is a
very personal matter to her and explained that two of her direct family members were
molested as children. She stated that the child is the primary victim and pays for the
rest of their lives. The criminal eventually gets out of jail and is free to live and offend
again. She is a local business owner and owns a local publishing company. She is the
author of 12 non-fiction books and a married mother of 5, with children between the
ages of 4 and 23. She is from Texas and after reading an article that said that Maine
was the safest place to raise a child. They moved into a beautiful home in Bangor and
her children are well entrenched in the community now and they love it here. She was
shocked a few weeks ago when the neighbor called to ask if the police have come to
visit her because she was given a flyer indicating that a sex offender had moved in just
down the street. She pointed out that there was one that lived 7 houses down the
street and have had no problems with him, but this new man was living right across the
street from the park and was twice convicted of sexually assaulting children. He was
not just a sex offender but a child molester. After learning this, she called her attorney
only to find out that there was no residency restriction concerning sex offenders in
Bangor.
After doing a lot of research over the last few months, she heard that the Bangor
homeless shelter is the only, or one of the only, homeless shelters in Maine that accept
sex offenders. She also heard from a source that there are rooming houses in Bangor
that cater to sex offenders and many of them are located right in the middle of
neighborhoods. She stated that Portland has more than double the population of
Bangor, yet Bangor has more sex offenders than Portland. She thinks that combining
the fact that Bangor offers so many great services to convicted sex offenders and that
there is no residency restrictions has caused the Greyhound bus tickets to come out.
This is a result of Bangor being a major service center that is sex offender friendly. She
thanked everyone for their help in making all of the parks in Bangor a safe zone. This
means individuals are not allowed to deal drugs, take drugs and/or alcohol within 1000
feet of a park. If a business offers nude entertainment, it cannot be located within 500
feet of a church, school, park, library, etc. She personally would prefer to live next
door to a striper or even a drug dealer as opposed to a child molester. She feels that a
child molester is a greater threat to the children than strippers and drug dealers. The
City of Bangor does not bus students who live 1 to 1 ¾ miles away from schools
depending on their age. She feels that allowing convicted child molesters to live
around the schools allows them to watch the same children walking to and from schools
every day. This increases the chances that they might become fixated on a particular
child, befriend and groom that child, and possible befriend the family of that child. She
speaks from personal experience that they will do everything they can to groom the
child and the family to gain their trust. She feels that if the community is going to force
the children to walk to school along the path of convicted molester, it is just like
throwing the children out as bait. She also said that officials who track high risk sex
offenders watch for specific grooming behaviors. One of the things they look at is if the
sex offender visits playgrounds. She pointed out that the government recognized that
playgrounds are a particular place where sex offenders look for their next victim. She
agrees that this will not apply to most of the sex offender, and she is only talking about
the worst of the worst. She believes that people who have been convicted of sexual
assaulting a child 0 to 13 years of age cannot be reformed or fixed. She thinks they are
all out there looking for their next victim.
Ms. Hoy spoke about different statistics and studies in the recidivism rate of sex
offenders. Most of them are tracked for 5 or 10 years. She said that the Department
of Justice quotes a study that tracks sex offenders for 25 years and the recidivism rate
was 52%. She pointed out that the more time goes by after they have been released,
the greater the chance they going to reoffend. She spoke of a mother she had met a
couple weeks ago at a park that told her there was a child molester who comes to that
park and sits and watches the children almost every day. He doesn’t come when there
are a lot of men on the basket ball court.
She ran some statistics on www.familywatchdog.us which is the one that shows the
maps where all the sex offenders live. She pointed out that Second Street Park has 2
sex offenders, Coe Park has 3 sex offenders, Hayford Park has 4 sex offenders,
Stillwater Park and playground has 1 sex offenders, Williams Playground has 2 sex
offenders, and Brown Woods has one sex offender. She also ran statistics for sex
offenders living within ½ mile from schools and found that; Penobscot Christian School
has 2 sex offenders, Downeast School has 2, William S. Cohen has 10, Bangor High has
2, and Mary Snow has 3. She said that within 1,000 feet John Bapst has 24, Hilltop
school has 2, Vine Street has 3, James Doughty has 4, Fairmount School as 2, Abraham
Lincoln and Chapin Park has 5, and Fruit Street School has 7. As a comparison, town
around Bangor have the following sex offenders living within ½ mile; Old Town
Elementary has 0, Calvary Christian in Orrington has 0, and Hermon Elementary School
and Hermon Creative Playground has 0. The following sex offenders living within 1,000
feet are; North Star Christian School has 0, Weatherbee School in Hampden has 0,
Pendleton Street School in Brewer has 0, Brewer High School has 0, Brewer Middle
school has 0, Washington Street in Brewer has 0, Capri Street School in Brewer has 0,
Adams School in Orono has 0, Orono Middle School 0. She feels that this is
disproportionate and Bangor has been unfairly burdened with sex offenders. She feels
that anything the City can do to make the City less sex offender friendly would benefit
every good hardworking resident in Bangor and make it safer for our children. She said
that the citizens of Bangor do not want convicted child molesters watching the children
play, hunting them and possibly even befriending one of them. Allowing a child
molester to live next to a park or school is like letting a bank robber spend the night in
a bank or an alcoholic live in a liquor store. She said that there are a variety of
different interests, businesses, and individuals and even government entities that would
oppose such an Ordinance. She is asking the Committee to keep in the back of their
minds that some of these people may have a financial interest in do so. Parents in
Bangor do not have any financial interest in this, whatsoever, they just want their
children protected. She pointed out that it takes a village to raise a child and because
parents are busy it is the responsibility of the community to help. She said that even if
only one child is prevented from going through, what her family went through all of this
will have been worth it.
Wheeler commended Ms. Hoy for the research she has done and asked her if she could
recommend specific means by which Bangor could be made to be more unfriendly to
sex offenders. She replied saying that sex offenders can come to Bangor and get free
food and housing, which is an invitation. The fact that they can live anywhere in the
City is another invitation. She does not think that there is anything that can done about
the homeless needing food and shelter, but she thinks dissuading them from moving
here by saying “no you can’t live just anywhere, such as a park or a school”. This
would be a deterrent and could possibly lower the number of sex offenders that are
coming to Bangor. Wheeler than asked if she is convinced that if this Ordinance is
passed it will increase the protection for children, specifically under the age of 14. She
said she does believe this because she has done a lot of research over the years due to
her families’ involvement with this subject. She said that sex offenders do not drive by
someone’s house and grab a kid off the front yard. They drive by house 25, 50, 75
times. They hunt for their prey and find a specific child and methodically watch the
child.
Weston excused himself from the meeting and thanked everyone for taking this first
step and supports it.
Dennis Marble, resident of Bangor and Executive Director of the Bangor Area Homeless
Shelter, said he was struck by the coincidence of those serving time for a variety of
offenses and the fact that they had first been victims. He is not saying that every
victim will become a perpetrator, but what he is saying is that this is about public safety
collectively. He admits that it is a difficult and a complicated issue. He would also
encourage the Committee to try and give consideration to arrange a lot of expert advice
in the process, especially if this goes beyond the statute. He said to look closely at the
municipality with State systems because there is a downstream effect. The Homeless
Shelter does house a number of sex offenders and tries to use common sense criteria
about their own ability to supervise taking into consideration whether or not they are on
probation, etc. He said there are no guarantees.
Dave Rogers spoke about the false sense of security he has had for about 10 years. He
thought there were protections out there for the children. He says that if the number
of sex offenders is too high for the police department to control, he feels that there
should be a limit of those offenders within the City. He admits that he does not know
the laws but is giving his ideas. He does not agree with the fact that not every park can
be covered in this Ordinance and it surprises him that daycare facilities are not covered.
He noted that some daycare facilities have apartments above them. He said that the
potential victims’ rights need to trump the rights of the criminals.
Jill Tucker, Resident of Hancock Street and mother of two, wanted to bring up the fact
that Portland has double the population than Bangor, yet Bangor has more sex
offenders. That really bothers her and convinces her that the community needs to take
this step to stop inviting more sex offenders to come live in Bangor.
Blanchette stated that she has served 8 years on State Criminal Justice in Augusta and
dealt everyday with sex offender issues. She stated that just like Marble said that it is
important how things are phrased. Not everyone on the sex offender list is a predator
or a pedophile. She thinks that as a City and a governing body, there are many
measures that can be taken. One example is offering classes for our pool lifeguards and
young adults that are working in the parks to recognize people that should not be
there. She would rather not do this in hurry and thinks that the second meeting in
August would give people time to compile information. She wants to make sure this
Ordinance can be enforced.
A motion was made and seconded that this be referred to the Council for First Reading
th
and back to this Committee on the 4 Tuesday.
Heitmann, after looking at the calendar, discovered the meeting will take place on
th
August 10.
Wheeler asked for a vote and it was 3 in favor and 0 opposed.
Meeting adjourned at 6:20 p.m.