HomeMy WebLinkAbout2008-01-15 Government Operations Committee Minutes
Government Operations Committee
January 15, 2008
Minutes
Councilors: Hawes, D’Errico, Wheeler, Farrington
Staff: Barrett, Heitmann, Ring, Farrar, Gastia, Hunt, Cammack, Yardley
Others: Tom Mooney, Mike Robinson, Mike Harmon, Gerald Oleson
Consent Agenda
A motion was made and seconded to approve the Consent Agenda.
1. Council Resolve 08-062, Accepting and Appropriating Grant Funds
from the U.S. Department of Housing and Urban Development –
Project Based Rental Assistance.
This Resolve will accept and appropriate a one year grant in the
amount of $67,584 for the City’s Shelter Plus Care Program. This
program provides subsidized rents for qualified homeless
individuals with a primary diagnosis of mental illness, substance
abuse or HIV related illness and who are receiving support services.
The rental assistance piece of the program supports the housing
needs of residents at Acadia Recovery.
2. Council Resolve 08-063, Accepting and Appropriating a Homeless
Continuum of Care Grant from HUD – Shelter Plus Care Renewal.
Similar in nature to the Grant above, this Resolve will accept and
appropriate $278,124 to support 41 units of housing under the
Shelter Plus Care Program. These are subsidized rents for qualified
homeless individuals with a primary diagnosis of mental illness,
chronic substance abuse or HIV related illnesses, who are receiving
support services.
Regular Agenda
3. Adoption of National Incident Management System (NIMS)
Cammack explained that the Federal Department of Homeland Security
has been charged with developing and administering a National Incident
Management System (NIMS) which would provide a consistent approach
for national, state, and local governments to prevent, prepare for, respond
to and recover from any type of domestic incident. This proposed Order
will ensure that Bangor’s Emergency Operations Plan complies with NIMS
and the Incident Command System and also adopts NIMS for all incident
management situations in the City of Bangor. Chief Cammack said that
this is the last step of the process to become compliant with the rules and
regulations of the Department of Homeland Security. A motion was made
and seconded to approve staff’s recommendation. The item will go
forward to the next City Council meeting for final action.
4. Update regarding Maine Drug Enforcement Agency (MDEA) Funding
Issues
Gastia indicated that the State of Maine Drug Enforcement Agency is
facing significant reductions in federal funding. These reductions will have
serious implications for the work undertaken by MDEA, both statewide and
in the Bangor region. The State of Maine uses funding from the Byrne
Grant Program to support the Maine Drug Enforcement Agency. The
Federal budget will reduce funding for this program by 67% for the
coming year. Without additional state or federal funding, the services
provided by MDEA are at risk. The MDEA is currently working with a bare
minimum staff and could potentially impact the field offices. Bangor
currently provides three employees to MDEA. As a result, consequences
for the Bangor area could include an increase in drug related crimes and
health issues, reduced drug education efforts, and a requirement to
increase funding to other local law enforcement agencies that will be
tasked with assuming greater drug enforcement efforts. It should be
noted that drug investigations, by their very nature, are not confined to
single jurisdictions and raise complex enforcement issues that individual
agencies are not in a position to address. Gastia said that substance
abuse has been recognized as a growing problem in the Bangor region,
and this is not the time to reduce drug enforcement and education efforts.
Barrett and Gastia both felt that the Legislature needs to be aware of the
situation and urged to secure funding for the MDEA. Wheeler asked if the
Maine Congressional Delegation has been contacted about this matter.
Gastia has been in contact with McKinney, the MDEA Director, regarding
the Maine Legislative Delegation. A motion was made and seconded
requesting that a Resolve be drafted in an effort to ensure that MDEA
continues to have the necessary resources to support its current
personnel and operations. Once passed by Council, the Resolve will be
forwarded to members of the State and Congressional Delegation. The
item will appear on the upcoming City Council agenda.
5. Citizen Concern/Complaint – Tom Mooney, 39 Parkview Avenue
Hawes stated that Mooney requested an opportunity to address the
Committee regarding issues surrounding a property boundary dispute with
his neighbor, Michael Robinson, and responses he received from City Staff
members. Background memorandums from the City Manager and City
Engineer, as well as a map depicting the driveway and property in
question, were provided to the Committee.
Mooney said he had spoken with the Assistant City Manager last week to
make certain that today’s agenda item appeared as it should be. Mooney
said it was not properly worded. Mooney said he is not at the Committee
to discuss a property dispute but rather to complain about a letter sent to
him by City Engineer Ring. He disputes the facts in the letter. The
specific complaint against Mr. Barrett is that he did not respond when
Mooney complained to him about Ring’s letter. The letter sent to Mooney
was dated September 18 and cc’d to Robinson and on to his attorney.
The letter states that Mr. Ring cannot offer an opinion or statement
regarding property line location. Ring reluctantly did examine the
situation in person. Mooney said he understands that Ring cannot make
an opinion but Ring did take a measurement of the area in question. Ring
indicated in his letter the absence of property pins. Mooney said there is
a property pin on the south side of his property. He said that Ring did see
the property pin when he took measurements. When Mooney assisted
Ring with the measurement, Ring said “it’s pretty clear that at least some
encroachment has occurred.” Mooney said that Ring went on to say that
“if this is the case and the survey bears out what appears to be
encroachment and if it were me, I would put metal stakes along that
driveway.” At that same time, Mooney asked if the neighbor’s garage
would be grandfathered and Ring said “no, your property is your
property.” Mooney said that is the complaint. After Ring took the
measurements, he agreed to participate in some mediation with the
Bangor Police Department, Lt. Steve Hunt. Mooney never heard back
from Ring.
Mooney said another issue is that his property and that of his neighbors
are 50 foot lots. His 50 lot has 23 ft of esplanade curb. Neighbors to the
north have esplanade curb of 40 ft. He presumed that when the street
was redone the change occurred. He realizes it is no one’s fault. Mooney
asked if the City has an arbitrary method of placing esplanade curbing.
He has never received a response to this particular question. Mooney said
the question at hand is not a property dispute. He wanted to address
some City culpability because of the way that the apron and the curbing
were put in place. Mooney does not believe that his neighbors
intentionally took anything. The neighbor’s driveway was put in lining up
with the apron, which is off.
Hawes said that there are two issues, one being measurements. She
asked Ring to address the Committee. When Mooney first spoke to Ring
about this, it was a question about the property line. On September 13 or
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14, Ring did take the measurements. He provided a section of a
topographical map of the area to the committee. This map was done in
1989. Ring said he and Mooney have had discussions in which Ring
stated that property side lines are not determined by the City. Property
front lines are determined by the City because it coincides with the street
line, right of way line. They have discussed Assessing Department
records, which are not legal surveys, but are useful. Ring said the
property pin is on the back line, not a frontage property pin, and the 50 ft
laid out from that point did extend into the Robinson’s driveway. But it is
not a legal survey, Ring stressed. The only way to be absolutely sure
would require a survey. The City does not provide that service. Ring said
he received a call from Robinson on September 14 asking about the site
visit.
Mooney said he was only looking for an acknowledgement that an opinion
was stated by Ring and about a mediation. At that time, Mooney said he
was looking to hear back from Ring in person, not by letter.
Barrett said he understood there was an unwillingness on the part of one
of the parties to participate in a mediation. Mooney stressed that his
concern is that there was no mention of mediation in Ring’s letter. Barrett
said he suspects at that time the City didn’t know if there would be
mediation or not.
Ring said he felt it was appropriate to send a letter to eliminate any
misunderstandings.
Mooney asked if he could have an acknowledgement from Ring that there
was no follow up on that particular part of what he and Ring had
discussed. He stressed it was important. Hawes said that at this time the
Committee is trying to ascertain exactly all sides of this issue. Mooney
stated for the record that that is part of the record.
Hawes asked Lt. Hunt to address the committee. Hunt said he has
worked with Ring and Heitmann on a Third Street problem in the past and
he thought the resolution to the Third Street problem might be
appropriate for this situation. Heitmann also referred to a similar situation
on Eaton Place. Hunt thinks that may have preempted Ring from talking
with Mooney about mediation. Hunt had contacted Penquis CAP which
has a neighborhood mediation group and was able to speak with Mooney
who appeared willing to participate. Robinson, at that time, did not wish
to participate. Because of so much police involvement, it was hoped that
a resolution could be reached. Responding to Hawes, Hunt said he
personally has an approximate 100 hours involved in this issue.
Barrett spoke about the driveway approach. This is an older neighborhood
with small lots. At the time it was developed, there were probably no
driveways or garages. Over the years, he feels that driveways were
installed and a pattern developed. In looking at the map, he pointed out
that driveway approaches tend to angle out as they get to the street
because of turning movements. Many of the driveway approaches extend
over where the property line would hit the street pavement if you
extended the property line out. Barrett said that Mooney is correct when
he speaks about his property not having the same length of curb as the
Robinson property. Mooney’s driveway is set in further from his property
line and appears at least at the front property line to be somewhat wider.
Ring agreed with Barrett’s description of flared driveway aprons.
Hawes said essentially the Committee is dealing with two individual
properties over which the City has no control over. Barrett said it appears
to be a property dispute between two owners who need to find a way to
resolve it. Mediation has been offered but not accepted by one of the two
owners. The only thing the City could do would be a short extension of
the curb, approximately 2 feet. From photos and preconstruction video in
2000, Ring said it looks very similar if not exactly the same.
Mooney referred to December 17, 2007, Hunt spoke with Mrs. Mooney
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and Mr. Mooney on the 18. In both conversations, Hunt said there was
no guarantee but it would be his recommendation that the City try to do
something. In a conversation with Heitmann, Mooney said that Heitmann
confirmed that as well. Mooney indicated that it was all or in part or some
sort of a survey. The Mooney’s felt there could be some remedy,
following the two conversations with City employees. He felt the rug was
pulled out from them. Responding to Hawes, Mooney said he is the party
who had reached out for reconciliation back in May of last year and it was
declined. The Mooney’s are for mediation and it was declined by the other
party. Mooney said that Officer Buchanan had indicated that a survey had
been done by the other party. Mooney wondered why the survey hasn’t
been produced. Responding to Hawes, Mooney said that Buchanan was
told about the survey by the other party.
Hawes said that as frustrating as this has been to the neighbors it falls
back on an issue that the City does not survey private property. This is a
problem between two property owners. The City can put the owners in
touch with mediation. Heitmann said that Hawes is correct. Heitmann
does not recall mentioning a survey to Mooney. Hunt had mentioned it to
Heitmann, who told him it was worth talking about. Heitmann spoke
about the Third Street issue which involved a paper street property. The
City surveyed only the corner of the property on the paper street. It was
a street, not private property, that was surveyed. The Parkview Avenue
issue involves private property, not city property.
Mooney said things have changed from what he was told at one point. He
asked Heitmann why he would get involved if he had no intention of the
possibility. Heitmann said he became involved because Councilor Palmer
told Mooney to call Heitmann. At that time, Heitmann got the background
information from Ring and Hunt contacted Heitmann because he was
extremely frustrated that day and needed to vent. Heitmann did tell Hunt
that he had intended to visit Parkview Avenue to look at the area.
Mooney said that Heitmann told him that he would; Heitmann said that he
told Mooney that he would try to view it. Hunt and Heitmann looked at it
that day. The two did talk about a survey but Heitmann knew that the
City would not be expending public money for a private survey. At that
time, Heitmann said it would be worth pursuing if enough previous survey
information was available to the City to at least locate a corner. In their
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December 18 conversation, Mooney said that Heitmann made no
mention that a survey would be dependent upon if there was a situation
similar to Third Street. Mooney said that Heitmann said that discussion is
being entertained to have the City subsidize a survey in part or a total.
Heitmann said that Lt. Hunt suggested that the City should be considering
a survey given the incredible man hours that he and the police
department has put into the issue. Heitmann suggested to Hunt that if
was something reasonable that he felt he could probably support it. If the
corner pin could be placed, such as on Third Street and Eaton Place, with
relatively little difficulty, Heitmann said he would be comfortable
recommending. But, that is not the situation.
Mooney asked Hunt to add something to the statement. Not
understanding the City’s historical pattern, Hunt didn’t know if a survey
was something the City would consider.
Mooney spoke about the disparity of the 43 esplanade feet versus the 23
feet. Barrett said that if the City was to extend the curb in front of
Mooney’s residence the only direction to extend it without starting to block
his own driveway is toward the Robinson’s. It looks like the extension
there would be relatively short. Mooney said he is not specifically asking
for extensions. Speaking in general, he said the disparity is unfair.
Wheeler said he would like to hear from Mr. Robinson. Hawes said she
wasn’t certain if Robinson was willing to come to the table. Attorney Mike
Harmon, representing Robinson, addressed the committee. Robinson, via
his attorney, does endorse the recommendations contained in Barrett’s
January 10, 2008 letter. It is a civil property dispute and the City should
not be involved and has already invested too many resources into it. The
matter currently is in litigation. Wheeler asked Mooney how he would like
the matter resolved if the City could do so. Mooney said it would be to
follow Hunt’s recommendation. In the absence of mediation, Mooney
would like to see some sort of survey. In the absence of a survey,
Mooney would like to be left alone in terms of property lines. He would
be pleased if the esplanade situation would be remedied.
Farrington spoke about a property dispute with his own property. He said
that the City told him that he would need to obtain a survey on this own.
He did so. It resolved the issue. The survey was expensive. He said he
is puzzled as to why the survey is not undertaken. Heitmann said that is
normally how property owners handle issues with property line
encroachments. Mooney said it is clear that the Council Chair wants the
issue settled.
Wheeler asked about the property deed. Mrs. Mooney asked why the City
can’t help two property owners to solve this problem according to a deed.
Ring said it certainly sounds simple but the question is the very same
question discussed earlier. 50 feet is 50 feet but where is it? That is the
issue in order to determine a property line. A survey needs to be a legal
survey, the surveyor would research deeds and confirm measures and
then start from a point that is known to be good. To layout this street in
terms of street dimensions, the intersection of State and Parkview would
be one likely location to start from or at Garland Street. As stated earlier
by Heitmann, Ring said the Third Street and Eaton Place situations were
different cases. The City did mark corners but the street corners that
were coincidental with property corners. A surveyor needs to know right
of way and street lines for the block. By review of the deeds of each
property, they use their expertise to make a judgment as to the actual
measurements.
Before last March, Mooney said he realized there was encroachment and
didn’t really care. All he wanted was to cut the grass on the side of his
house. He is not looking to get property. But when he wanted to do
something on that side of the house, the police were called. That’s why
Mooney feels he doesn’t need to pay for a survey. Mooney stated that his
home is now on the market.
Barrett said that from time to time the City does get involved in neighbor
disputes. Those disputes are the single most difficult disputes the City
enters into. Some have been successful, others have not been successful.
In this instance, this is something that the City cannot fix unless both
parties are willing to go into a resolution process.
Hawes again asked Mooney what he is looking for other than the survey.
He said he would like the City to reconsider its position on a survey.
Barrett said it is his strong recommendation that the City not perform the
survey. It would set a precedent, and the City is not in the surveying
business.
Wheeler asked why the police became involved in this in the first place
and repeated involvements. Mooney said when he works on his property
once every two months, fix trim, mow grass, the adjacent home owner
has called the police. Wheeler asked on what grounds. Hunt replied that
both parties have reported property trespassing of their neighbor, taking
photos of the other property owner, taking something from one property.
Hunt said in an effort to keep that from continuing he may have become
an advocate for both parties so that the police department will not need
to be further involved. This is why he went to Penquis CAP for a mediation
group.
Hawes indicated that she was distressed that so many manhours have
gone into the situation and the parties have refused to sit down to resolve
it. Mooney said the neighbor is concerned about losing property and
Mooney is not wanting to gain property. Wheeler said he was at a loss as
to what the City could do to change what already is.
D’Errico asked if there was a problem between the property owners prior
to paving the driveway. The driveway was paved in 2005. Mooney said
the original problem was with the tenant and not Robinson. Initially,
Robinson was sympathetic to Mooney. Now the owner and the tenant are
together.
Harmon said that one of the things that Mooney is attempting to create is
a record by misstating the tenant’s position and Robinson’s position.
Hawes stopped the conversation. At this point, she said the City is looking
at the issue of the survey and the curb.
Barrett said he didn’t see how this discussion can proceed further. He
doesn’t feel that Mooney’s suggestions for remedy will solve the
underlying relationship of the two property owners. Barrett suggested
that the Committee reaffirm the City’s position that this is a civil matter,
and that the City should not become involved in surveying private
property to determine property lines, that the City would not extend the
curb in front of Mooney’s property and to endorse the police department’s
position which is to use their judgment under which circumstances to
respond to the two parties for future calls.
Wheeler made a motion to accept the City Manager’s recommendation. It
was seconded by D’Errico and voted by the Committee.
6. Executive Session – MRSA Title 1, Chapter 13, §405 6 A –
Appointments to Committee for Hammond Street Senior Center
Transition
A motion was made by D’Errico and seconded by Wheeler to move into
Executive Session.
Council Order 08-038 is attached for reference/informational purposes.
The meeting adjourned at 6:45 p.m.