Loading...
HomeMy WebLinkAbout2010-08-10 Government Operations Committee Minutes Government Operations Committee August 10, 2010 Minutes Councilor Attendance: Gratwick, Wheeler, Blanchette, Hawes, Palmer Staff Attendance: Heitmann, Gastia, Cammack, Hathaway Others: Ed Bearor Committee Chair Wheeler opened the meeting at 5:00 p.m. 1. Sex Offender Residency Restrictions Heitmann noted that this item comes before the Committee by way of Council referral. Since the last meeting, Heitmann has discussed the Ordinance with Attorney Hamer, who drafted the document. Hamer was not available tonight, and Ed Bearor was present in his place. Heitmann discussed two concerns that staff had with the draft ordinance. One was the notice requirement. The original draft indicated that someone needed to move within a reasonable amount of time after they were notified. His suggestion was to pick a number of days, rather than use ‘reasonable’, as that might be subject to some disagreement and interpretation. For some guidance, Heitmann noted that the City of Portland is considering a similar ordinance and are using 25 days, which seems reasonable. The second concern deals with the distance from the property line. The Statute talks about 750 feet from the publicly own property where children are the primary users and indicates that includes any public park with a playground. Using Broadway Park as an example, the park is huge and the playground is in one corner. Measuring from the corner where the playground is to the opposite corner, Heitmann would not be surprised if this is 2000 – 2500 feet and then add another 750 feet to that, this will affect a lot of units that are not near the playground. After working with Hamer, staff came up with language that talked about 750 feet being measured from the property line, or 100 feet from the playground equipment, whichever is closer. Responding to Blanchette, Heitmann said that the restriction placed on sex offenders when they are released from prison is done on a case by case basis. He pointed out that the law does not target every sex offender, but those that are convicted of the most serious sex offences, such as the A, B, & C offenses where the victims are not over the age of 14. He thinks that most sex offenders that are released from jail are released on conditions and probation. He would also guess that close to 100% of those probations include terms and conditions that involve access to minors. After the probation period ends, the individual can come and go as they please. Blanchette pointed out that once a sex offender is registered as a sex offender they are listed forever. This list includes all sex offenders to include crimes involving victims over the age of 14. She wonders how a landlord within this restricted area would know if the prospective tenant is eligible to live in that area. Although Heitmann agrees this could be a challenge for landlords, it is possible to contact the police department to find out what the charges were and if they involved children less than 14 years of age. He pointed out that the City’s Ordinance, unlike other cities, does not put the burden on the landlord. The burden is on the sex offender. Responding to Blanchette, Gastia said he was unfamiliar with regard to the information available for public access. He does know that there is information provided to law enforcement, which is not provided to the general public. Law enforcement agencies have access to the reports surrounding the case for which the sex offender was prosecuted and convicted. He pointed out that the landlord is not the one responsible for tracking the sex offenders, but it is the police department’s job to track them. If the sex offender moves, it is their responsibility to report to the State through the Police Department of their new location. The detective who is in charge of registered sex offenders does routine checks of the locations of the sex offenders. Responding to Blanchette, Gastia said that there are about 215 – 225 registered sex offenders living in Bangor currently. He said that the department has a detective that handles the sex offender registry and is also required as part of his duties to be the liaison for Job Corps, Park Woods, Shaw House, etc. Gastia explained that anytime someone is convicted of an offense, the State is notified and that person is immediately put on this list. Wheeler questioned the possibilities of this Ordinance being challenged in the courts. Heitmann said the challenge would be on the State level. The draft Ordinance is based on State law. Wheeler asked if the State or local law demonstrated that it has prevented repeat offenses. Heitmann said he is not aware of any studies relating to this question. Gratwick invited members of the public to the table. Angel Shaw, Division Manager for Rape Response Services, addressed the Committee. She provided information as to how the proposed Ordinance could affect the community. It is important to emphasize to the community that this is not a foolproof way of protecting ourselves. When sex offenders have community support systems in place, they are less likely to reoffend. The ultimate goal is to ensure there are no more victims. Sex offenders affected by this Ordinance have already been caught and prosecuted. It is the sex offenders who are not known that community members need to be more vigilant about. Approximately 84% of all victims know their perpetrators. She would like the Ordinance in part to educate the community on how to work together to make Bangor a safe place to live, work and play. She spoke about all community members being an active bystander. Responding to Gratwick, Shaw spoke about school education provided by her agency. Ed Bearor indicated he was present representing Angela Hoy. It was Hoy’s initiative that led to the proposed Ordinance. Having reviewed the draft, he noted that it is consistent with and fine-tuned with what had been originally drafted by Hamer. He is in full agreement with the revisions proposed by the City Solicitor. Angela Hoy stated that this Ordinance will only affect people who have been convicted of sexually assaulting a child under the age of 14. Responding to Hoy, she discussed the more common signs of predatory behavior among sex offenders. Blanchette suggested moving the Ordinance to full Council for action. She thanked Ms. Hoy for her efforts. The motion was seconded. Gratwick noted that he would be voting against it because there is no evidence that it would work. It has been tried in other states and seems to be counterproductive. He does feel it deserves a full discussion at the full Council level. The rd motion moved by a 2-1 vote to the August 23 Council meeting. 2. Discussion on Regional Dispatch City Staff will be available for a discussion regarding the status and future of regional dispatch. Gastia noted that the item was on the agenda due to a request of a Councilor. He provided a brief background of what has taken place over the past year on this subject. At the last meeting during which this was discussed, Gastia and Cammack had both advised the Council that the State had contracted with the Kimball Company as a consultant to review and make recommendations to the State as to the optimum number of PSAP’s that Maine should have in place. The report was completed earlier this year. The State then asked the PUC to conduct its own analysis and report back to the State as to the optimum number and the locations of PSAP’s. The preliminary report was released just last week. The Kimball Report indicated that the optimum number should be between 15 and 17; there are currently 26. The State has now moved forward to give a preliminary decision as to what they will recommend to the Legislature for reductions that will bring the number of PSAP’s in Maine to 17. Currently within that report, Gastia said it is recommended that Bangor consolidate with PRCC. It is not the request or requirement of the Legislature. There will be hearings before this goes to the Legislature at which time there will be additional, extensive discussions. For calls for service, in the Kimball Report, Bangor ranked #7 in Maine out of 26 PSAP’s. The current decision of the PUC does not reflect that ranking. As a follow-up, Cammack noted that this is a preliminary report by the PUC which has to submit a plan to the Utilities and Energy Committee by November 1, 2010. At that time, the Utilities and Energy Committee will act upon what is represented to them by the PUC. Part of what PSAP’s are looking for is a mechanism by which to fund to remove this from the County property tax; i.e. whether it be local property tax, county tax or however it is paid for. Cammack said he is looking at E911 surcharge funding, found on individual telephone service bills, for it. It would take the cost of PSAP off the property tax which would make all of the non-profits pay for E911 and would distribute the cost more evenly. Gastia stated that his position remains to be fully against sending dispatch to PRCC for a number of reasons, one being cost. It will not save the City money. He believes that Bangor needs to maintain its own dispatch. If Bangor’s PSAP is relinquished, it also relinquishes any opportunity to have its dispatch paid for and he doesn’t feel that is the way to go. There are certain things performed by Bangor that PRCC will not do. It will change the way services are rendered in Bangor. Wheeler asked Gastia for a definition of PSAP and PRCC. PSAP is public safety answering point and PRCC is Penobscot Regional Communications Center and run by the County. Bangor is a PSAP and dispatch center; PRCC is a PSAP and for some a dispatch center. Wheeler clarified that currently Bangor pays part of the cost for the PRCC operated by the County but Bangor doesn’t use the service. Through the county tax, Gastia said that is correct. Wheeler said Bangor operates both a PSAP and dispatch center in the Bangor Police Department. If Bangor was not to be designated as one of the 17 PSAP locations, Wheeler noted that Bangor would continue to pay the service from wherever it was to be operated. Gastia said yes. If the funding is made available through the telephone bill surcharge and Bangor does not retain its PSAP, Gastia said there are two scenarios. One is the State could tell Bangor to relinquish its PSAP. The other is that Bangor would voluntarily relinquish it. If Bangor does not have a PSAP, Bangor would not be entitled to any of the funding for its dispatch. The surcharge would only go to funding PSAP’s. If Bangor received funding, it would help reduce the cost of Bangor’s dispatch. Gastia said yes, by virtue of the fact that Bangor still has a PSAP. Wheeler said the two are married to each other in terms of financial responsibility. Regarding the PUC proposal, Cammack said that a while ago Penobscot County was asked by Aroostook County to provide PSAP services due to the fact that the State was charging them an exorbitant amount. Similar things have happened in the Kennebec Valley area. He also spoke about the various funding formulas. Something more stable is needed for funding. As first responders, he would like to see the funding come off the property tax and that the PSAP and dispatch centers all do the same things. Responding to Blanchette, Gastia said that the Police Department’s dispatch budget is about $577,000. Blanchette asked if the Police Department’s lobby area would be locked down if the Council decided to eliminate PSAP and send dispatch to Penobscot County. Gastia distributed two memoranda regarding dispatch and PSAP. They were prepared over a year ago but the information is still the same regarding budgeting, cost increases and decreases relating to this issue. Answering Blanchette’s question, Gastia said the Department can do whatever the Council asks. He could lose all dispatchers, could not hire any additional personnel and give everything (PSAP and Dispatch) to the County and save money. But by doing that, Gastia said it would be a disservice to the community because PRCC does not provide the same service the way that Bangor provides it. He felt that the lobby area would have to be locked down, if additional personnel were not hired. By their Board’s policy, PRCC does not and will not hold calls. In Bangor, if 8 calls for service are received and there are 5 officers on the street, 5 will be assigned and the other 3 will sit in queue. Calls are prioritized by dispatchers based on their training. If there is a question, a supervisor is contacted. Routinely, calls are held in queue every day. On busy days, there might be 8-10-12 calls in queue. They are held as to such time an officer is free to respond. PRCC would immediately dispatch a call, rather than holding it, and those calls would go to a supervisor. It is now his responsibility to start assigning those calls. He becomes the dispatcher. Additional personnel would need to be hired to sit at the front counter to keep the doors open, additional supervisors would be needed so that one employee is always in the building, and someone on the street to handle the PRCC calls that are not being held. Gastia said that PRCC will not take fire alarm calls. Box alarms would be non- existent. Gastia said his Department can work with less people but the quality and level of service will not be there. In his opinion, it is unacceptable. Blanchette said this is an informational session and no decision will be made tonight. The Council is looking at ways to save funding. She asked Gastia what happens in Old Town, for example, if they had three officers on the street and they have 6 calls waiting. Old Town dispatches through PRCC. Gastia said either the officers or supervisors would take the calls; however, keep in mind that Bangor and Old Town are two totally different departments. For Bangor, it is an everyday occurrence to have calls in the queue. It does not happen every day in Old Town. Palmer said the citizens of Bangor are paying twice for a service and they only get one service. It needs to be looked at in detail. The Kimball Report outlines the criteria by which PSAP centers should be selected and what services should be offered. In Penobscot County, there are 3 dispatch centers: Bangor, University and the State. Responding to Palmer, Gastia said that dispatching has been a difficult road over the past 10-15 years. One of the reasons is that individuals don’t want to start a career with Bangor PD not knowing the future of dispatch. At the moment, he has one of the best dispatch staffs in place. Regarding the surcharge for E911, Cammack said it is for land lines, cell phones, track phones and prepaid calling cards. In response to Palmer, Gastia said that the ESCB sets mandates for Quality Assurance. The Department is reviewed and audited on a regular basis by the state. The Department is mandated to have an in-house review of random calls coming in. Responding to Palmer, Hathaway said that he believes Presque Isle, Caribou, Fort Kent, Houlton and Madawaska do their own dispatching. Local communities like to have local dispatching. Gastia said that he concurs with Palmer in that the Council needs to be kept apprised of the issue and what is taking place on the State side, surcharges, etc. It is his recommendation to keep the Council informed and that the City keep working to obtain answers from the State in hopes that it doesn’t come back for any decision until the State has finally concluded their studies and made recommendations/changes. Meeting adjourned at 5:12 p.m.