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HomeMy WebLinkAbout2008-09-23 Government Operations Committee Minutes Government Operations Committee September 23, 2008 Minutes Councilors Attending: Hawes, Blanchette, Farrington, Gratwick Staff Attending: Farrar, Cammack, Gastia, Nicklas, Hamilton, Comstock, Higgins, Heitmann Others Attending: Hussey (EMMC), Gerety (Bangor Mall), several members of Peace & Justice Center, Cathy Larkin Council Chair Hawes clarified that voting members of the Committee are herself, Blanchette and Farrington. CONSENT A motion was made and seconded to approve the Consent Agenda items. 1. Resolve 08-312, Accepting and Appropriating a Grant from the Maine Department of Human Services, Center for Disease Control, in the amount of $458,892 for the Purpose of Addressing Tobacco, Substance Abuse, Chronic Disease, Nutrition, and Physical Health through Prevention Strategies The Maine Center for Disease Control (CDC) recently awarded the Health and Community Services Department this grant to extend the current project period through June, 2009. The Resolve will accept and appropriate the grant funds. 2. Resolve 08-313, Accepting and Appropriating a Grant from the Maine Department of Human Services, Office of Substance Abuse, in the amount of $50,000 to Support an Overdose Prevention Program This is a continuation of a State grant aimed at implementing strategies for overdose prevention. It is for the period July 1, 2008 to June 30, 2009. The Resolve will accept and appropriate the grant funds. 3. Resolve 08-314, Accepting and Appropriating a $1,000 Grant from the Maine Department of Health and Human Services, Center for Disease Control, to Work with the Lead Poison Prevention Fund to Develop Local Infrastructure for Lead Poisoning Prevention The Lead Poison Prevention Fund is funded through a 25 cent fee on each gallon of paint sold in Maine. This grant program is the first step in a coordinated effort to eradicate lead poisoning in Maine. 4. Proposed Amendment to Personnel Rules and Regulations, Section 7.7.4 Dental Insurance This proposed amendment would allow regularly scheduled part-time employees the opportunity to participate in the City’s voluntary group dental insurance plan at their full cost. Currently, only full-time employees are allowed to participate at their full cost. By adding this group of employees as eligible participants, it improves our fringe benefit offering for part-time employees and there is no cost to the City. REGULAR AGENDA 5. Request by the Center Street First Baptist Church to Use the City-owned Spring Street Parking Lot for a Neighborhood Event Farrar indicated that The First Baptist Church had requested the use of the gravel parking lot behind the Church (accessed by Spring Street) for a neighborhood outdoor gathering on a Saturday evening in October. The Church would like to bring area neighbors together and have requested permission to use this City owned property. Cathy Larkin, President of First Baptist Church, provided details of some ideas the church has in order to work with the neighborhood; i.e. a community garden, a neighborhood watch, activities for children. The Church would like to enable the neighborhood to get together with a bonfire in the parking lot behind the church. The request was two fold: a public gathering and a bonfire. Blanchette applauded the efforts of the Church to bring a neighborhood together. In terms of the process, Farrar said a license agreement would be put together by the Legal Department. Cammack said once the bonfire is in place, the Church needs to contact the Fire Department who will send an engine to the site and a permit will be issued, if it is acceptable. Larkin said she will contact the Department to find out what is acceptable. Larkin asked if the lot could be posted for no parking on the date of the event. Gastia said the department would need a 24-hour advance notice and he provided the contact name/number for Larkin to contact. A motion was made and seconded to approve the request, subject to conformance of City regulations. Farrar asked Larkin to contact the City’s Attorney regarding the license agreement. 6. Council Ordinance 08-298, Amending the Code of the City of Bangor, Chapter 81, Building Code, by adding Section 81-3 Emergency Service Radio Amplification Systems. Gastia noted that several years ago the Police, Fire, and other emergency services personnel realized there was a problem to communicate via radio with dispatch or each other when in buildings, usually due to the size of the building. This lack of communication could easily result in increased danger to emergency personnel or those they are attempting to aid. The proposed new section of the Code requires certain buildings to install equipment amplifying emergency radio communications as the buildings are constructed or modified. Certain buildings greater than 40,000 square feet or with significant space below street level are affected. The Ordinance provides requirements for the location of the equipment and outlines testing procedures. About a year ago, Gastia stated that grant funds were secured for the installation of bi- directional amplifiers in EMMC and the Bangor Mall. Although it was a great success, however, it did not solve additional problems with new construction. Through research, Capt. Higgins has found that municipalities around the country have adopted Ordinances to require that buildings of a certain square footage with certain construction materials install the bi-directional amplifiers for the safety of those in the building and emergency personnel. Gastia asked for the Committee’s support to recommend adoption of the Ordinance to the full Council. Cammack noted that at the last Government Operations Committee staff was asked to provide specific information, including the following: to install the bi-directional equipment at the Bangor Mall was 6.5 cents per square foot and at EMMC it was approximately 10 cents per square foot. Staff also put together a best estimate of $34,675 for installation of the equipment in a building of 40,000 sq. ft., which is 86 cents per square foot. Cammack introduced Mr. Hussey and Mr. Gerety from EMMC and the Bangor Mall respectively. Blanchette asked for a number of buildings within the City that would benefit by the installation and asked if the City is in a position to request compliance. Responding to Blanchette, Higgins said he does not have a total number of buildings. He is most concerned about maintaining the current system and working with new construction. Farrington asked about the cost and its effect on businesses and wondered if it would be a deterrent to future businesses moving into Bangor. Paul Nicklas had sent a letter to area businesses about the proposed Ordinance and the date and time of the committee meeting. Gerety thanked Gastia for including the Mall in the project. He can’t imagine that other businesses would not be willing to include this as a cost of future development. Hussey said that EMMC is very appreciative of the project. It was very well coordinated by the City. He said that before the installations there were many communication dead spots within the building. He supports it as a necessary fundamental change. Gratwick said the proposed Ordinance is reasonable, and he would find it difficult to think that businesses would not be willing to comply. Responding to Gratwick, Cammack said other communities have ordinances in place and he felt that the 40,000 sq. ft. was a reasonable cut off number for Bangor. Gastia said that the new police facility, which is just over 40,000 square feet, has a communication problem and unfortunately failed to realize this at the time of construction. Responding to Gratwick, Phil Johnston, the project manager for the new court house building, said he would like to find out the requirements of the City. After reading the Ordinance, he asked if specific equipment will be required and who the Court House would work with on the project to add to the new structure. Higgins said the proposed Ordinance has certain requirements as to the level of communication. The way a business reaches that level is not part of the Ordinance. Higgins suggested that Johnston should speak with EMMC and Bangor Mall officials regarding their experience with the installation. He provided photos of the two installations. st Responding to Johnston, Nicklas thought it would be retro to July 1. Gastia said that when the original Ordinance change was brought before the Committee it was to make the installation a requirement for all new construction. However, there was some interest and concern among the Committee that it should be applicable for buildings where a Certificate of Occupancy had not yet been obtained. This is one of the reasons that the item is back before the Committee today. To make all of the buildings retroactive would place a tremendous burden on businesses and building owners. To install the equipment during construction is less expensive than to an existing structure. Nicklas said currently there is no retroactivity provision and the Ordinance should be made clearer if it were to apply to buildings without Certificate of Occupancy. Responding to Hawes, Gastia said he would strongly urge the Committee to recommend the retroactivity clause to the full Council. Higgins agreed and mentioned some of the larger construction sites in progress. Blanchette made a motion to approve staff recommendation including retroactivity for those construction projects without a Certificate of Occupancy to the full Council. Farrington seconded it but did ask to continue discussion. Farrington discussed his concern about the retroactivity clause. He agreed with the safety issue involved for building occupants and for emergency personnel but wants to be fair to the business and property owner. Blanchette clarified her motion. She stated that if the Ordinance is passed by the Council, it becomes effective ten days after passage. Any building that is being constructed and has not received a Certificate of Occupancy at that ten day date will be required to comply with the Ordinance. She didn’t feel it would be over burdensome. The City has a responsibility to protect the people that are coming into the City every day to live and to shop. Safety regulations need to be in place. The Ordinance can be crafted to the City’s satisfaction without placing roadblocks to businesses. Nicklas said that the purpose of the letter he sent to the business and effected property owners was to notify them of the proposed Ordinance. He noted that only one business owner was in attendance. He said that further notification might be needed. Cammack said he understands Farrington’s concern that the City is crafting legislation that affects businesses that have already established a budget. The original proposal does not include retroactivity. Cammack urged the Committee to approve the proposal as it stands for all new construction. It would allow time for staff to visit sites currently under construction to work with them regarding voluntary compliance. He suggested that if voluntary compliance does not come on its own then perhaps staff would return to the Committee and ask approval of the retroactive clause. Blanchette clarified that it is less expensive to add the equipment during the construction phase. Cammack agreed. Gastia said he doesn’t want to delay or end up in a position without a bi-directional amplification Ordinance. He doesn’t feel that working to obtain voluntary compliance is an effective method. Nicklas said that buildings that have a Certificate of Occupancy would not be covered, and buildings that have not received a permit would be covered. The Ordinance is not clear about what is in between. He said he would need clarification in order to amend the Ordinance proposal. Higgins said it is a gray area that needs to be cleared. Blanchette said that it is the Council’s prerogative to pass an Ordinance and then amend it at a later date. Nicklas asked if the Committee wants the Ordinance to apply to any building that does not have a Certificate of Occupancy by the date that the Ordinance goes into effect. Blanchette said it is a mandate without giving businesses a chance to voluntary comply. She would like business to have a chance to comply. Farrar said if the Committee wants staff to attempt to obtain voluntary compliance, then the Ordinance before the Committee should be recommended for approval. If the Committee wants it to be mandatory for any permitted project, then it would need to amend the Ordinance to include the language that Nicklas indicated would be appropriate regarding the Certificate of Occupancy. Higgins agreed with Farrar. Blanchette then moved the Ordinance as originally presented to the Committee on to the full Council. She wants the Ordinance to be voluntary and not mandatory with respect to those projects currently permitted but without a Certificate of Occupancy. Farrington seconded it. It will be moved forward to full Council. 7. Discussion Concerning Whether the City Council Wishes to Support a Resolution Opposing the United States Entering into a War with Iran At the request Hawes, Councilor Gratwick introduced the item on behalf of the Peace and Justice Center. Gratwick indicated that he is not a voting member of the Committee but was pleased to be able to bring the item before the Committee. He applauded the desire of local citizens of Bangor to have their concerns heard. He understands that the group would like the Committee to move this on to the full Council. Hawes explained that the request is to ask the City Council to support a Resolve expressing the Council’s opposition to the United States entering into a war with Iran. Joe Knox, Forest Avenue, asked those in attendance for this item to stand. He also presented a petition signed by interested citizens. He said it is not so much a political issue as it is affirmation of the Constitution. He stated that the current conflict in Iraq was done without normal Constitutional procedures of Congressional authority and the declaration of war. The Resolve essentially puts communities on record as affirming the roles of the Executive and Legislative branches. It does not make a political statement one way or the other. Mike Howard, Third Street, stressed that whether the Council ultimately votes on this issue or not the fact that 20 individuals have attended this meeting and 70-80 individuals have signed a petition should be enough for the Committee to forward this on to Council for discussion. He feels this is a local as well as a national issue. He read portions of the proposed Resolution. Local government has a role to represent and to express concerns of the citizenry to the federal government. John Hanson, Mountain View Avenue, felt it would be appropriate for citizens to come to local government asking them to convey a concern to the federal government. It is expressing a concern, not a position. The full Council should have an opportunity to review and discuss the Resolution in a public meeting setting. Carrie Curtis, Langley Street, said that federal dollars should be spent to provide bi- directional amplification systems for municipalities as opposed to spending dollars related to war. Dennis Chenoy, Garland Street, said the Congress and Executive branches gave as much consideration to war and peace as the Committee has given to local issues this evening it would be a better place. A Hammond Street resident said that the Council and citizens have a compelling need to augment messaging to federal government on this issue. Blanchette said that under the City Charter the City needs to have a balanced budget. The City is not allowed to run a deficit. She asked why the group focused your sole attention on Iran. There is a possibility of the U.S. going to war with Russia. She doesn’t like to pass Resolves telling another elected body what they need to do. She suggested that the group contact the federal officials. The City Council does not have any control over them. She asked that the group focus their attention on effective leadership in Washington that will represent the views of the citizens. She said she could not support the proposed Resolve. Hanson responded to Blanchette. He said that effective leadership is needed at every level of government. Through the instrumentality of the Resolve they are asking that the Council express sentiment that Congress be asked to step forward and not do anything until the whole entire issues has been debated, discussed and citizens have been heard. Past Bangor Councils have approved similar actions. Hanson responded to Blanchette. He said that it is frustrating to send a letter to Congress and received a form letter in response. He thinks it makes a statement, an extra push if the City Council placed the item on their agenda. Other Maine municipalities have passed the resolution. Why Iran, he said there is some urgency this fall in addressing what could be a third front in that region. Farrington asked for a definition of pre-emptive military action. Someone responded that it is the initial strike, anticipating a response but striking first and not a response to an attack. Farrington said there are two broad issues: the desire to be heard and the Council instructing another body. He said he would be in favor of moving the item to the City Council for further discussion and to allow the group to be heard. He stated that he would be voting against it at the City Council level unless he can be convinced otherwise. Gratwick said although not a voting member he does appreciate Farrington’s recommendation to move the item to full Council. If the Committee votes to not forward the item to full Council, he said he would be sad as a part of democracy would die. Regarding advising another elected body, Knox said the purpose of the resolution is not to tell an elected body what do, but to remind the elected officials of their constitutional roles to not enter another lengthy conflict without due diligence and debate. Farrington made a motion to move the item onto the full Council for discussion and action. Blanchette said she would not second the motion. She further discussed her thoughts that Dr. Gratwick didn’t use the appropriate process to bring it to the Council. She feels it was disrespectful to the Council. Responding to Mr. Howard regarding a lack of an annual town meeting in Bangor, Blanchette said that the Bangor Council meets twice monthly and discusses items in detail. Hawes said that due to not receiving a second, the motion did not pass. It will not be moving forward to Council. Gratwick explained that he was asked by a group of citizens to bring their concerns forth to the Council. By cutting off the issue at this point, he feels it is a profound disservice to the remainder of the Council. He profoundly apologized if he did not appropriately follow the process. He did not intend to offend. The meeting adjourned at 6:50 pm