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HomeMy WebLinkAbout2009-08-25 Government Operations Committee Minutes Government Operations Committee August 25, 2009 Minutes Councilor Attendance: Wheeler, Blanchette, D’Errico, Hawes, Palmer, Nealley, Gratwick Staff Attendance: Barrett, Farrar, Yardley, Gastia, Cammack, Nicklas, Ring, Roach, Hathaway Others: Eric Russell, BDN; Mel MacKay, John Bapst, John Pierson, John Bapst Student; and Katie Hinds, Kevin Barbee, Dr. Branch, Paul Giseree 1. United We Serve Project – 9-11 @ Park Woods Nicklas spoke about AmeriCorps performing a special project on 9-11 which has been declared a National Day of Service. The project will be to clean up and restore a park area at Park Woods. Rochelle from the Maine Commission on Community Service has started to solicit donations for this particular project using the City’s policy on soliciting and accepting donations. This will need Council approval. The donations will include picnic tables, benches, plants, time, materials, etc. Nicklas said that most of the solicitation will be done by Rochelle and some might be done by City staff. A motion was made and seconded to approve staff’s recommendation to the full Council. Motion passed. 2. Authorization to Apply for and Accept a Hazard Mitigation Grant from the Maine Emergency Management Agency – Stream Flow Gauges – Penobscot River and Kenduskeag Stream. Barrett stated that from time to time the City has problems with flooding near the confluence of the Penobscot River/Kenduskeag Stream. The largest event in recent history was in 1976 and smaller events in 2005 and 2007. In recent years, the National Weather Service in Caribou has been paying more attention to river and stream levels and has started giving the city more advance warning of when they anticipate there might be a problem. The advance warning is not always accurate and on a number of occasions they have warned the City of a potential problem, and the City has closed parking areas and notified people and then flooding has not occurred. Part of the reason for some of that inaccuracy is a lack of good stream gauge monitoring in both the Penobscot River and the Kenduskeag Stream. NOAH informed the City of this grant and suggested that it would be very helpful to them in making predictions with having this type of data. The City worked with them to put together this grant, which would allow the City to install 2 gauges – one on the Penobscot River and one on the Kenduskeag Stream at a cost of approximately $20,000 per gauge. The local share would be $5,000. In addition, the City would be responsible for maintaining the gauges once they are installed. Given the history, staff believes this would be very beneficial and allow time to move people out of the area and to notify property owners of the threat of the flooding. This would cut down on the instances of receiving warnings but nothing actually happening. Staff has requested the Committee’s recommendation to the Council for authority to apply for and accept this grant. The local share of about $10,000 would come from Downtown TIF Fund. Nealley stated that he felt this was an incredible cost for this gauge and asked Barrett to elaborate on the reason for its cost. Responding, Cammack stated that the reason for the cost is due to the wireless data and the instrumentation that is put in the river and stream. His understanding is that the City will be able to go online and receive live data. A motion was made and seconded to approve staff’s recommendation. Answering Blanchette’s question, Cammack said that the data that will be available will be things like how fast the water is rising and with anticipated rain fall how much more the water will rise. Blanchette asked if this will give the City information on the ice flow in the winter. Cammack stated that he was unsure if any instruments were going to be used to help identify ice flow but he did know that they take measurements on snow pack and that is how they predict what the City will get downstream. This is all involved with Maine Emergency Management, so they are involved along with Nation Weather Service in Gray and Caribou. Palmer asked why this is coming through the City and not the County. He stated that the County has their own EMA people and they are the ones that have some jurisdiction on what will flood and when. Cammack said he thinks that this impacts Bangor the most and staff is always trying to determine how to handle potential flooding situations. Responding to Blanchette, Cammack said that the maintenance of the equipment would be handled by the people who install (MEMA) it and the City would just incur the cost of maintenance. Blanchette said she has a problem with the fact that MEMA is located in Augusta which is almost a two hour drive to come maintain the gauge during a crisis. Nicklas stated that there is always a potential for liability, but liability could also be an issue because the City did not install this equipment. Barrett said that he feels this could go on the Council Agenda for th September 9 and staff could provide additional background memorandum to everyone answering some of the questions that has been raised. Blanchette asked that staff contact MEMA to find out what other rivers they will put these gauges in and what experience they have had. Barrett said that there are a lot of these gauges around in the State and many are accessible on the web. The biggest advantage of the gauge is that it will allow the National Weather Service to improve its modeling of water flow in the river with better data. The previous motion was withdrawn and a new motion was made and seconded to send this to full Council without recommendation pending further investigation and information. Motion passed. 3. John Bapst High School – Request to Delay Parking Enforcement Mel MacKay, Head of School at John Bapst, was in attendance along with two members of the student senate at John Bapst, who were prepared to offer a student perspective on the issue. MacKay reminded the Committee that the School had come before the Council a couple of weeks ago asking for a delay in enforcement given the relatively short time between the announcement of enforcement and the beginning of school. He understands that there are parking issues around the City and it would be helpful if there could be a moratorium on enforcement or instructions for the Police Department to issue warnings while they work through a more thorough process to address some concerns. The school’s position is that the interest of the other businesses in the area is very important and in no way mean to be a road block for others. The School, although a big entity, would still like to be a good neighbor. MacKay has worked with Chief Gastia and other police officers and looked at other parking issues in the neighborhood and tried to be sure that everyone understands what the signage is, where the all day parking is allowed, and where the 1 and 2 hour parking zones are. He feels that the School and the Council need to work together for a solution. MacKay noted that just because the problem has not been resolved in the past doesn’t mean that John Bapst doesn’t have the responsibility of continuing to work on it to the satisfaction of all involved. He introduced John Pierson, President of the John Bapst Student Senate, and member of the 2010 senior class. Pierson voiced student concern about the parking issue fearing that their vehicles will be towed and paying huge fines. He asked the Council and the Police Department to reexamine the parking issue, to take some time to consider the issue, and to grant a grace period relating to ticketing. It is a very complex issue. The School is open to solutions and is willing to work with the City and the Police Department. Pierson introduced Katie Hinds, a senior at John Bapst. Hinds said she would like to work with the City Council on the parking to sort out a solution for the local businesses in the community and the student body at John Bapst. Since the last meeting of the Government Operations Committee on this issue, MacKay said that the City has received additional feedback from neighbors. He understands that with the 460 students coming to John Bapst, many by private vehicle, the school is already parking in the residential neighborhoods and not just the business areas around the school. MacKay hopes that the school doesn’t push even further into the residential neighborhoods causing a safety concern about students walking to these areas after dark. Police Chief Gastia agreed that this is a very complex issue with a very elusive solution. The Department has been working on this for over a four-year period. A solution satisfactory to all has not been reached. He spoke of a recent change on Broadway in front of the school whereby buses were moved to Somerset Street, which addressed safety concerns of students crossing the roadway by moving in between buses. It also freed up the space for additional parking. He noted that the affected neighborhood includes Penobscot, Essex, Pine, Cumberland, Somerset, French Streets and Broadway. Gastia referred to information regarding the number of parking spaces available and how they are broken up between one hour, two hour, unregulated parking, and no parking areas. Gastia provided and reviewed the detailed written information. When this area starts to receive Police Department enforcement and when students who park in the one-hour zones receive parking tickets, they will then be displaced to another area. There are approximately 280 parking spaces in the area and about 141 are unregulated. Using John Bapst as a benchmark, if all the students were to park to fill those 141 unregulated areas for the day, there still wouldn’t be enough spaces. It is detrimental to area businesses which need parking for their customers. Enforcement is currently done on a periodic basis and when complaints are received. Wheeler opened the meeting to questions, comments and suggestions from Committee members. Gratwick felt it is reasonable to put off the enforcement but most assuredly to time certain. He suggested October 15 or November 1. He spoke of the importance of John Bapst School to the area. He noted that several previous conclusions reached were more complex that needed a time deadline; i.e. more diagonal parking on Somerset, in middle of the street parking between on Somerset between French and Center, and stickers given to John Bapst students. Barrett said that effectively the City is being asked to call a moratorium on enforcement in this area. Gratwick has suggested that the moratorium should run somewhere between a minimum of two to three months. Barrett suggested that it would be problematic. It is telling everyone associated with John Bapst to ignore all rules, park wherever for the next two or three months. He noted it would be problematic especially if others in the area complained and were told that the Police Department was not enforcing regulations. Barrett thinks it is reasonable to give the students a grace period in which staff can educate their student body but suggested no more than two weeks. Gratwick said that Barrett raised a good point and concurred that there should not be laws on the books that are not enforced. He still favored the pressure of time to have to make a decision but would leave the time frame up to staff. Blanchette said there are way too many cars and way too few parking spaces in the area of the School. It has been an ongoing problem for years. She disagreed with making exceptions to City established rules. She spoke about the use of the Pickering Square parking garage and busing students. She also mentioned the former Miller Restaurant parking lot. Responding to Blanchette, MacKay said the school’s state funding was cut by 50% for FY2009. For the upcoming year, it will again be cut another $160,000. John Bapst tuition is set by the state at $9,600, the same dollar amount that Bangor High receives when a student from a choice community chooses Bangor High. MacKay said that the school has no discretionary dollars to rent buses to address a situation that was announced three weeks before the beginning of school. thst This information was in the August 6 BDN and Bapst starts on August 31. Staff and students have been given instructions to park legally. MacKay said that John Bapst will work with the City in whatever ways possible. He estimated as many as 100 cars could spill onto Grove Street, Essex Street and up toward Broadway Park. Blanchette spoke about the possibility of taking away the free parking areas and selling parking permits. She noted that it is a no win situation for all involved but she cannot ask the Police Chief to not enforce the laws that are on the books. She understands that communication is important in the process but with the use of computers it should not be time consuming. Nealley spoke about the time frame, perhaps a couple of months. He did not agree with a hiatus of parking enforcement. If this were a new business coming to Bangor, the City would require that ample parking be provided as part of the project. He agreed with the idea for a shuttle bus arrangement. Wheeler asked MacKay if a six-week moratorium would allow time for the School to address immediate concerns. Responding to Blanchette, MacKay clarified that there is not a problem with communication. MacKay asked if a meeting with all involved could be held within a month’s time. There is an interface with the Council’s schedule that is relevant. He suggested a date be set at which time a proposal could be brought to Council. Palmer asked how many vehicles a day are represented by students and staff. MacKay said about 200 and when school starts he will provide an exact number. Palmer liked the shuttle suggestion. He mentioned the use of The BAT from the parking garage to the School. He spoke about bollards in front of the School. MacKay is thinking that moving the bus zones to Somerset was a first positive step in addressing the safety concern. Bollards and planters have been investigated. Palmer didn’t agree with the use of planters as barriers. In talking of a moratorium, Barrett noted that the Council needs to be very specific in its direction: the length of a moratorium and what it entails in terms of Police Department involvement. Any solution reached would be a compromise; it would affect many and it would be a potential messy process. Barrett suggested it would take a month to come up with a recommendation and another 4-6 weeks minimum to process it through the City’s regulations, to notify all affected and to offer an opportunity for comments to be received. It will not be a simple process. Wheeler clarified it would be a month to work on the problem and then a month to process the solutions brought forth. It would be a minimum period of two months st bringing it to November 1. Hawes said it would seem appropriate to hold a neighborhood meeting prior to the formulation of a plan. If this was done, a month would not be needed to gather public comment. Responding to Wheeler, Hawes felt the entire Council should be involved in a neighborhood meeting and not just the Government Operations Committee. Barrett said the meeting would be a positive step, however, noted that in such a setting a lot of conflicting suggestions will be received from the public, and the City will still need to come up with a set of recommendations, which will still have to go back to the public. Nealley asked the Manager to assist in forming a motion as long as it does allow for implementation in stages. He spoke about leasing of spaces and permit parking as part of the remediation. Wheeler suggested that the primary work has to be done between the Police Department and John Bapst with the City Manager providing input and influence. Wheeler asked for a sense from the Committee as to how long it feels the parking enforcement should be placed on moratorium. Blanchette stated that she has a problem with a moratorium on parking enforcement. She does not agree with the Council waiving on parking enforcement every time someone comes to them asking for a waiver. It’s not fair to Bangor taxpayers and residents. This is a situation that the City needs to face, it is something that John Bapst has known for years, and this parking problem did not just occur. A moratorium is not the right way to go, and she will not vote it. It goes against her honor and her integrity. Wheeler said the Councilor’s honor and integrity is not being questioned. It is has been proven over the years. The Government Operations Committee, however, is committed to give some direction to staff. Gastia clarified that MacKay has indicated that the notification process is not a problem. He believes the request for a moratorium by MacKay is to use that time to reach a solution. With all due respect to the Manager, Gastia said that arriving at a solution within a two week to four months time is not going to happen. It is going to take a fair amount of money to arrive at a solution that will be viable for John Bapst. If the Committee feels that a moratorium is necessary, Gastia said he would abide by their recommendation; however, with all due respect to the Committee, he asked for specific direction in terms of responding to the phone calls he will be receiving if a moratorium is put in place to ignore parking regulations. Hawes said she is not in favor of any type of moratorium. Past experience provides that it only serves to get the City in trouble. She suggested that the Parking Committee again work with John Bapst on a regular basis to arrive at a solution. She did not have a solution. The shuttling concept seems to make sense but it is an expensive option. MacKay has instructed staff and students that they must park legally. Hawes felt the issue needs to be sent back to the Parking Committee and return to the Government Operations when a solution is developed. In the meantime, the regulations on the books need to be followed and enforced. Wheeler asked if sending it to the Parking Committee constitutes a defacto moratorium if the parking ordinances are not to be enforced until an opinion is given by the Parking Committee. Hawes said she is not asking for a moratorium on violators. The current parking regulations need to be enforced. The City cannot take spaces away from the area businesses. Barrett clarified that the Parking Advisory Committee has traditionally dealt with parking in the Downtown Parking Management District. John Bapst is outside of that area. He did feel the Advisory Committee would be a good resource to tap. Nealley made a loose motion which he hoped would be amended by those wiser than he: Nealley moved to have relaxed enforcement for a month’s period of time allowing some implementation in stages but where there is some compromise regarding John Bapst making some concrete efforts to either secure some City parking permits or some additional parking spaces to help alleviate some of this parking problems. He asked for someone to amend his motion to provide better direction. Wheeler asked for a specific definition to term relaxed. Nealley said it’s obvious there is a highlighted situation and the Council has asked the Police Department for stricter enforcement. He is concerned that if the city wants to work with John Bapst over the next month to implement in stages someway to relieve some of the burden of their parking around the area businesses and residences. He talked about warning slips rather than parking tickets. Wheeler asked for Gastia’s response. Gastia said he is not sure how to respond as he isn’t certain what relaxed means. He needs a clear direction. The law is black and white. He has some concerns about authorized inconsistencies in the way that laws are enforced. If challenged, what would a judge say? Gastia and MacKay have spoken and will continue to do so regardless of how long it takes to work towards a solution regardless of a moratorium. He is not sure of the benefit of a one month’s parking enforcement reprieve when, at the end of the month, enforcement will be put back into place. Blanchette said she would not second or amend Nealley’s motion referring to it as a bowl of hash. It is not enforceable and is asking the impossible of a Police Department that is stretched to the limit. The Department cannot provide warning slips in one part of the City and provide tickets in other areas. The City Council should not pick and chose where to enforce laws on the books. There should never be two sets of law in the City. Hawes said she would not second the motion either. She still disagrees with a moratorium; however, she suggested that the issue return to the next Government Operations Committee meeting with the Downtown Parking Advisory Committee present to hold a Council Workshop. At that time, perhaps a decision could be reached regarding if this should go to the Advisory Committee on a regular basis. In the meantime, the Police Department should remain at business as usual. Wheeler suggested that an appropriate motion at this time would be to table further discussion on this to the next Government Operations Committee meeting on th September 15. Blanchette wanted it understood that a clear directive is being given to the Chief that parking enforcement as currently on the books will be enforced. Hawes moved that this conversation be tabled until the next Government Operations Committee meeting and that the laws that are on the books are enforced as they were before this meeting until that time. It was seconded. Wheeler asked for a show of hands. The motion carried with one member in opposition. 4. Request for Designated Parking at 55 Broadway Barrett indicated that Sgt. John Roach of the Police Department had been contacted and had spoken with a representative of Paradigm Properties, L.L.C., owner of the property at 55 Broadway, the former Dead River building. EMMC has indicated its interest in renting the top two floors of 55 Broadway to open a family practice; however, EMMC has indicated its desire for a greater number of parking spaces than can be accommodated on the property. The owners have requested that the City designate 20 spaces on Broadway as permit spaces. There are currently 61 parking spaces behind the building as well as across Pine Street from the parking lot behind the building. It meets the City’s parking requirements for a building that size but it doesn’t meet the demands of potential tenants. The owners originally requested five on-street permit spaces and more recently they have requested 20, which would be the ten spaces in front of the building, along the curb on the building site which are time limited, and ten spaces on the median directly across from the ten spaces. Barrett clarified that it would be the 20 spaces closest to State Street on the both sides of the outbound side of Broadway. He referred to setting a precedent by leasing or permit fee spaces. Wheeler asked the Committee’s consent to postpone Item 5 on the agenda due to time constraints. A second was made to the motion, and there was no objection. Kevin Barbee, Paradigm Properties, Dr. David Branch, Paul Gisersee introduced themselves. Barbee said that EMMC would like to lease the top two floors and move a family practice to the location. They require 53 spaces. Dr. Branch is located on the first floor needing approximately 22 spaces. They are 20 spaces short. Nealley said that 20 spaces is a lot to request but felt the City should do all it can to accommodate a potential business’s location. If the John Bapst issue was not such a large problem, he would be inclined to support the request for 20 spaces. Wheeler agreed. Responding to Wheeler, Nealley clarified that he did not make a motion. D’Errico asked the hours per week for the offices at 55 Broadway. Barbee stated that both businesses would be medical offices and generally from 8 am to 5 pm. He noted that the spaces are usually filled before 8 am up until approximately 3 pm and have never been usable for the building. Responding to D’Errico, Barrett said that permit lots are only during business hours. In this case, from 8 am to 5 pm, the demand exceeds the supply. Permit lots are oversold as not everyone uses them every day. Hawes asked if the requested spaces are for patients using the building or for staff. Barbee said that if permit spaces were obtained, they would use it for staff. They prefer their clients to use the Pine Street side where the main entrance and elevator is located. Branch said that 80% of their clientele use the Pine Street side. If designated spots were not obtained and there were 2 hours spots designated, Hawes asked if it would work well. Barbee said it would be better than nothing. He has worked with Code and Planning. Hawes spoke about having permitted spaces in the Pickering Square garage for the EMMC staff. Blanchette said that EMMC employees are accustomed to shuttling and parking off site. Branch said there at 9 employees on the first floor and EMMC is close to 22 employees. With a shuttle running from 7:30 am to 5:15 pm for staff, it would open up thirty spaces for clients. Palmer mentioned a building for sale on Cumberland Street owned by OHI with parking. He also mentioned parking at the Family Dollar Store across State Street. Hawes clarified that when discussing the permitted parking in the Pickering Square garage she wasn’t speaking of a shuttle. That service is no longer available to EMMC employees. She did think that The BAT could be used. If parking regulations are enforced, Gastia said that the problem of the current 15 one- hour parking spaces in front of 55 Broadway would be alleviated. Branch suggested that 2 hour spaces would be better. Wheeler asked for a motion. Hawes moved that the current 15 one-hour spaces from State Street to Penobscot Street on the outbound right hand side of Broadway be changed to two-hour parking spots and that police enforcement will continue as planned. It was seconded by Blanchette. Nealley asked if Hawes would accept an amendment. Nealley said if there are additional permit parking spaces needed given the alum relationship with the organization it could be done in a two for one with John Bapst for another additional 5 or 10 permitted parking spaces because if it was done in that fashion with John Bapst, which he was certain the faculty could use some permitted parking space, then it could work. He realized it was ridiculous and would be voted down as an amendment. He said it because he truly believes that all of the area organizations have some of the same parking challenges and this will not alleviate all of it. Even though it is enforced at 2 hours, there will be other people in the area that will play in and out of those spaces. He doesn’t feel it is the panacea but he would like to know that everyone in the entire area works together as part of a team for parking solutions. Wheeler said he was not clear as to whether Nealley provided a motion or an opinion. Nealley said he knew this friendly motion would be voted down but he knew that Wheeler wouldn’t let him speak without a motion. So it was an amendment to a motion. Wheeler asked him to restate it for clarification. Nealley said it was to offer a two for one basis an additional 5-10 permitted spots if need be by the Paradigm Properties. Wheeler asked for a second. For lack of a second, the motion failed. Wheeler asked for a vote on Hawes’ motion. It passed unanimously. Barrett clarified that this will require an Ordinance amendment, which will be on the th September 14 City Council agenda for first reading and referral. It is normally referred back to the Government Operations Committee and other affected parties are notified and given the opportunity to speak as well. It would then go back for action to the th Council’s second meeting in September which would normally be the 28 but it looks th like it will be on the 30. th If there is no one in opposition at the September 14 Council meeting, Blanchette asked if the second reading could be waived and enact the Ordinance. Barrett said that if so the immediate area needs to be notified of the proposed change and asked for any objection in advance. Blanchette agreed that notification should be provided in case the Council chooses to take final action on the matter on the 14th. Barbee thanked Gastia and Roach for their assistance and guidance through the process. 5. Discussion with Chief Gastia – Recent Incidents th Tabled until the September 15 meeting. A motion was made and seconded to adjourn at 6:50 pm.