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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 th 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 th 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 th 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 th April 13 Council meeting and that staff is basically looking for direction at this th 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 th 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 thth 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.