HomeMy WebLinkAbout2009-03-24 Government Operations Committee Minutes
Government Operations Committee
March 24, 2009
Minutes
Councilor Attendance: Wheeler, D’Errico, Blanchette, Gratwick, Palmer
Staff Attendance: Barrett, Farrar, Gastia, Willette, Yardley, Heitmann
Others: Jean Savoy, Bob Gashlin, News Media Representatives
1. Paul Bunyan Statue Restoration Project and Possible Fundraising Effort
Willette indicated that the Parks and Recreation Department was approached last
fall by a group of individuals with an interest in repainting/restoring the Paul Bunyan
Statue. The last repainting effort on the Statue was approximately ten years ago.
The interested group may also need a fundraising campaign to cover the cost of the
project and the group is willing to take on the task. Willette has met with the group
and Normand Martin, the creator of the Statue. Willette asked the Committee for its
endorsement of the effort. If approved, the group is eager and enthusiastic to start
the project.
Savoy, owner of DaVinci Signs and coordinator of the restoration project, said that
the Statue also needs fiberglass repair work, the peavey put back in place, and the
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painting in celebration of its 50 year. She noted that all paint will be donated;
there is someone to fix the fiberglass especially around the feet; there is an
engineer who will look at the Statue to assure sound construction; and ten
individuals have volunteered for the effort. She asked the Committee for seed
money in case it is needed after the Statue is looked at from the inside. Responding
to Wheeler, Savoy thought $400 would be an appropriate amount to be placed in a
fund if needed for items such as cement and other non-donated materials. All the
labor will be donated. Willette felt that the money would be available within his
Department’s maintenance budget. Willette talked about in-kind services from City
departments. Blanchette asked about liability insurance for volunteers. Heitmann
said the City would confirm with Maine Municipal Association to assure coverage.
He noted that an agreement or waiver might be appropriate. Blanchette spoke
about the brick base on the ground around the bottom of the structure. Heitmann
said that the City Engineer and Bass Park Director would be asked for guidance so
as not to damage the Statue or the property. Blanchette stressed that all purchases
made need to go through the Parks and Recreation Department. Savoy indicated
that any monetary donations will be given to Willette for the fund. Any remaining
funds would be set aside for repairs to the Statue in future years.
Gratwick made a motion to approve staff recommendation. Responding to Wheeler,
Willette anticipates another 50 years for the life of the Statue but he did not have a
date certain from Martin. In terms of in-kind services, Barrett noted there is a policy
in place which has been adopted by the Council and which authorizes the City
Manager to approve in-kind services up to a specific dollar amount ($5,000). The
$400 can come from the Parks and Recreation Department’s maintenance account.
The requirement of the Committee is to adopt an order authorizing the project to
proceed, authorizing the City to accept donations for the purpose of rehabilitating
the Statue and directing the City Finance Director to establish an appropriate
account to track the donations and monitor expenses. The motion was seconded by
D’Errico. The recommendation will go to the full Council.
2. Request to Place Cellular Antenna Panels on Lightpole Mast at Mansfield
Stadium
Wheeler excused himself and asked Blanchette to chair the meeting for this item.
As a point of order, Gratwick noted that when councilors recuse themselves from a
meeting, they are required to leave the table. Wheeler clarified that he did not
recuse himself but stepped down as chair for the consideration of this item in order
to take part in the discussion.
Willette said that the City has been approached by KJK Wireless on behalf of US
Cellular about leasing space at Mansfield Stadium for the installation of cell antennas
including antenna panels on the existing light towers and a small equipment
building. The first option presented was not agreeable by staff or representatives
from Mansfield. KJK returned with another option which was more favorable. At
this time, another option has been offered and seems to be agreeable for all
involved including staff, Mansfield Stadium representatives, and the Kings. Willette
noted that a site visit took place to review the latest proposal. He asked the
Committee to authorize staff to continue discussions with KJK Wireless.
Responding to Blanchette, Willette said that he does not foresee this to affect
activities at Mansfield. The equipment will be placed on existing fixtures.
Blanchette then asked why the item is being brought to the Committee if the
request does not enhance the playing field for children. Willette said the benefit will
be the monthly lease payments that will go toward future expenditures and the
operation of the Stadium. The monthly payments offered by KJK are $1,700.
Heitmann said this is the first time the City has received a request to use an existing
light pole in a City Park. This is not the first time that antennas have been placed
on City owned structures or on land which the City leases; i.e. hotel at the airport
and a sublet to the lease with the Bangor Water District on the standpipe.
Heitmann said that the City would prefer cell antenna placed on existing structures
as opposed to a standalone tower. The 12 x 12 equipment shelter request would be
consistent with what is on the property leased to the Water District at the base of
the standpipe. Gashlin has indicated to Heitmann that the structure can be smaller,
similar to a refrigerator size.
Heitmann said that the revenue is $1,700 with annual increases of 3% is of benefit
to the City. The other benefit is that this eliminates the need for a standalone cell
tower.
Blanchette asked if the light poles at the Bass Park race tracks have been considered
for this project. Heitmann deferred to Gashlin who, in terms of location, said that
KJK needs to pinpoint a specific location. Due to decent coverage in the Bass Park
area, additional antenna is not necessary. He pointed out that the lease itself is a
30-year lease and, over the life of a 30-year lease at 3% annual increases, it would
equate to $20,400/annually and $612,000 over the life of the lease and that’s
without calculating the annual increases. It is money that Bangor taxpayers do not
have to raise to help fund programs at Mansfield. Gashlin doesn’t feel there would
be any potential drawbacks in the area of park space and visual obtrusiveness.
Responding to D’Errico, Gashlin said that this same type of antenna exists at the
airport. They are flat panels, 6” wide, and 8’ in height. At Mansfield, the structure
is already in place. Palmer clarified that the refrigerator size structure would be at
the ground at the base of the pole. Gashlin said he is looking to lease a 5 x 10 ft
space for the cabinet structure. The cabinet will be 5-6 ft in height, 3-4” in width
and 28” to 3 ft. deep and will be inside a secured fenced in area. Responding to
Palmer, the pole directly behind home plate at Mansfield is where the antenna would
be placed. The antenna will be put in place with numerous brackets and the
equipment will be properly grounded. In response to Palmer, Gashlin said that the
structure itself is a galvanized steel material with a dull gray finish and the antenna
are fiberglass. After they have weathered, they become a neutral color and blend in
well. Willette and Mansfield Park representatives will have the opportunity to review
KJK’s site and building plans.
Wheeler stated that he was the area public relations consultant for US Cellular in
1991-92. Despite the obvious benefit in revenue to the City and despite the
reputation of US Cellular, he expressed his opposition to KJK’s request. He noted
that some things are not for sale; i.e., integrity. To install the panels on a beautiful
stadium, in his personal opinion, would be tampering with the appearance of the
facility.
Noting his different perspective with an urban landscape setting, Gratwick indicated
his support of the request.
Palmer asked Willette how the $20,000 generated in revenue would be utilized by
his Department. In response, Willette said it would allow the establishment of a
reserve account primarily in anticipation of capital requests such as railing
replacement, chain link fencing around the entire complex, equipment needs, and
projects to enhance amenities at the Complex. Palmer and Willette applauded the
efforts of the Kings, Dave Mansfield and Ron St. Pierre. Willette said that over the
years the Kings have been solicited to assist with maintenance and needs on an
annual basis.
Barrett said a major issue with any facility is not necessarily the initial investment
but the maintenance in future years. To keep the facility in its first class condition,
he noted that the City needs to start planning for the future.
D’Errico said he sees no distraction of placing the equipment on the existing pole.
He expressed support for the request and the recommendation of staff.
Wheeler talked about the difference between a hotel and a baseball stadium. He
said he would not vote in favor of the request in full Council unless a letter signed
by Stephen King was in place expressing his lack of objection.
Blanchette said that when the City accepted the donation from the Kings for
Mansfield Stadium that the City took on the obligation to maintain the facility. It
was not the Council’s intention to depend upon the generosity of the Kings to take
care of facility maintenance. Due to lack of revenue sources other than property
taxes, the City becomes a bad landlord.
Responding to Blanchette, Heitmann said that one of the issues discussed during
radio tower meetings was radio frequency and the alleged health effects. It is not a
consideration for municipalities in siting cell towers. Barrett said that under federal
law municipalities are required to make allowance for cellular towers but cannot
prohibit cellular towers. One of the things covered in the City’s revised ordinance
was to focus on co-locating towers to avoid visual clutter.
Wheeler said it was his understanding that during the radio tower discussions that
FCC law supersedes local law with respect to freestanding cellular towers specifically
but not with regard to co-location. Heitmann clarified that the FCC allows
municipalities to regulate towers and antennas of all sorts. There are some
limitations such as radio frequency issues for cellular towers but not necessarily so
for radio towers. There are some limitations on municipalities imposing restrictions
such as height. At that time, the focus was on radio towers. Wheeler noted that it
was indeed an issue of height.
A motion was made and seconded to move staff recommendation and, by a majority
vote of the committee, the item will move to full Council for final action. Councilor
Wheeler opposed.
3. Council Ordinance 09-118 Amending Chapter 124, General Assistance,
Sections 134-27, Amount of Assistance and 134-27.1, Rental Assistance
Councilor Wheeler returned to Chair the remainder of the Committee meeting.
Yardley noted that the proposed Ordinance will make required changes to the City’s
General Assistance Ordinance. The changes have been prepared by the Maine
Department of Health and Human Services, and communities are required to adjust
their ordinance provisions to conform to the adjustments. The changes primarily
related to maximum weekly and monthly food assistance levels. Yardley noted that
this is usually taken care of annually around October/November when new State
numbers are provided. Because of uncertainty, the State received mid-year
adjustment numbers from the Federal government. By State Statute, the City is
required to bring the updated numbers to the Council for approval. Specific changes
are in the food allocation used in formulas for awarding general assistance.
A motion was made and seconded to recommend approval to full Council.
4. Request to Apply for Federal COPS (Community Oriented Policing Services)
Grant Funding
Gastia noted that part of the American Recovery and Reinvestment Act of 2009
included funding for the COPS Hiring Recovery Program to address personnel needs
of state, local and tribal law enforcement agencies. Gastia has been notified that
the grant application period is now open and he asked the Committee for permission
to apply for funding for 6 officer positions. Normally the funding does require a City
match but the matching dollars as well as other stipulations have been waived for
this grant. The City would not be responsible for salaries and benefits for the period
of the three-year grant. Municipalities receiving the grants are obligated to maintain
the staffing levels for a 12-month period following the grant’s expiration. At the
time of application, the Department’s staffing level is at 79. If the level was
increased by 1 officer through the grant for the three years of the grant, salaries
and benefits for that 1 individual would be paid. For the additional one year
following the grant’s expiration, the City would be responsible for maintaining the
position for the fourth year.
Gastia again noted that the Police Department has a sworn staff of 79, 6 positions
are assigned to airport and are reimbursed by the airport as well as grant
opportunities through TSA. Street staffing per shift is between 5-6 officers. There
is a double shift between 8 pm to 2 am where there could be a maximum of 13-14.
During daytime week day hours, the City grows a population of approximately
33,000 to over 100,000. He attempts at all times to maintain staff levels but there
are times where the numbers drop to 4 due to resource issues. Gastia sees the
grant as an opportunity to increase the Department’s staffing levels to at least a
higher level than currently in place. The proposed positions under the grant would
be assigned to: 1 School Resource Officer, 2 Special Enforcement Team Officers, 1
Community Relations Officer, 1 Computer Crimes Investigator, and 1 Violence Crime
Investigator.
Gastia distributed a spreadsheet breaking down the grant funding levels over the
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three year term of the grant; with the City’s current expense in the 4 year to
maintain the six positions for a twelve-month period; identifying the City’s expenses
for the four years for non-salary and non-benefit; i.e. equipment, overtime pay,
uniforms. He also listed a breakdown of the six individual positions.
Gastia noted that increased staff would assist the Department to be more proactive
in the waterfront area, the racino, and the increased calls for service. He stressed
that this three year grant covers training of officers and three years of salaries and
benefits paid in full. He spoke of the difficult financial times realizing it is not an
easy decision to make. Gastia’s intent would be to start the positions in January
2010. The hiring process is usually a three month period.
Wheeler asked Gastia to provide copies of the spreadsheet for the full Council. In
responding to Wheeler, Gastia said within the next four to five years there are
approximately 28 employees in the Department eligible for retirement.
Barrett said that everyone recognizes that the Police Department is being asked to
do more and more. Call statistics show that the Department is up over 30,000 calls
for service and several years ago it was in the low 20,000. The demands from
Council continue to increase in terms of areas the Council would like to see the
Department address. The demands from the citizens continue to increase. Because
of demands and staffing issues, the Department has become more reactive than
proactive. He spoke about the effectiveness of the Special Response Team and an
officer in the schools. He also talked about the problem of year four of this grant
proposal when the City would be asked to pick up approximately $372,000 in
previously grant funded positions. It is a four year commitment to keep staffing at
this level within the Department.
Barrett said that one question is if the obligation cannot be met for year four would
the money need to be refunded. He said he would support asking for some of the
positions but not the entire six.
Blanchette asked about the turnaround time following the grant application. Gastia
did not know but noted that it is a competitive process and funds will be awarded
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until exhausted. The grant application closes on April 14. Asking for six does not
guarantee that six will be granted. She thinks the City would be remiss if it did not
apply for these grant funds.
Blanchette asked for ballpark figures to be provided for retirees, new hires at a
lower salary, and how it would relate to year four. Barrett indicated that the
numbers will be provided. To break even at the end of that period, he estimated
the need to replace 15-20 individuals.
Gratwick clarified that tonight’s discussion is for informational purposes and no vote
will be required. He stated that it is a difficult situation with many plusses and
minuses. He suggested a full Council Workshop to discuss the issue. Wheeler noted
that the Chief has a deadline of April 14 for which to apply for the grant funds.
Barrett clarified that the application would have to be made the day following the
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April 13 Council meeting and that staff is basically looking for direction at this
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point. Gastia said he would need to start the application process before April 14
but that doesn’t mean it has to be submitted. Wheeler stated that this Committee
needs to give the full Council its sense of direction. He asked for a Committee vote.
Responding to D’Errico, Gastia said there are six officers at the Airport who are
funded partially by the airport and partially by the TSA. Barrett said that three were
added last year at the Airport but the other three were overtime allocated out of the
Patrol Division.
Wheeler asked for a motion authorizing the Police Chief to apply for the grant funds
which then will be subject to the approval of the full Council. Blanchette moved that
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the Chief of Police prepare the grant paperwork to be sent on April 14, if approved
by the full Council. The motion was seconded by D’Errico.
5. Request to Apply for State of Maine Bureau of Highway Safety Grant Funds.
Gastia noted that the State of Maine Bureau of Highway Safety has grant funds
available to assist state and local law enforcement agencies with seatbelt, speed,
and OUI enforcement efforts. The amounts available are up to $2,000 for seatbelt
enforcement, up to $5,000 for speed enforcement, and up to $5,000 for OUI
enforcement. The funds will provide for overtime reimbursement costs for the
increased enforcement efforts. A motion was made and seconded to recommend
approval for the Chief to apply for the grant funds. The grant application deadline is
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April 10. The item will be referred to the full Council at their April 13 meeting for
their ratification of the Committee’s action. Responding to Blanchette, Gastia said
the Bureau of Highway Safety sets aside certain weeks aside during which grant
recipients are encouraged to provide heavy enforcement.
A motion was made and seconded to adjourn at 6:45 pm.