HomeMy WebLinkAbout2013-10-15 Business and Economic Development Committee Minutes
BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE
Tuesday, October 15, 2013 5:00 PM
City Council Chambers
MINUTES
Councilors: Sprague, Civiello, Baldacci, Longo, Nealley, Blanchette and Durgin
Staff: Conlow, Emery, Wallace, Martin, Nicklas,
Chair Sprague called the meeting to order at 5:30 p.m.
CONSENT AGENDA
Councilor Baldacci moved passage of the Consent Agenda as presented
which includes the following items:
1. Community Development Residential Rehabilitation Loan – 98 Patten
Street (Confidential Memo provided separately)
2. Maine State Housing Authority Agreement – Extension (see attached
Memo and Draft Agreement)
3. REFERRAL – ORDINANCE 13-308, Amending Chapter 165, Land
Development Code, of the Code of the City of Bangor, By Providing a
Residential Setback for Quarries and Allowing Loam and Soil Harvesting in
Rural Residence and Agricultural Parcels (see attached Council Action,
Council Ordinance and Zoning Sketch)
Councilor Nealley seconded the motion.
Regarding Item No. 2, Councilor Civiello asked Jeff Wallace if he was
comfortable extending this agreement in light of the shortage of Staff in the
Department. Mr. Wallace indicated that he was. He explained that this was
done as a favor to HUD and Staff did so willingly.
Community and Economic Development Director Tanya Emery indicated
that this extension is only until December 31, 2013 and that she was comfortable
that they have the resources to do this until then. However, she indicated that
starting at the beginning of the year, Staff focus will shift to the Third Main
Neighborhood which will be a major focus of his time.
Chair Sprague asked if there was any public comment. Lucy Quimby,
1230 Kenduskeag Avenue asked if there were safeguards in place to prevent
loam harvesting from leaving scarred looking sites from such activity (Item No.
3). Assistant City Solicitor Paul Nicklas gave a history of the recent zoning
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amendments which removed quarry and earth moving activities from the Rural
Residence and Agricultural District. At that time, a question was raised regarding
allowing soil harvesting in the RR & A and the theory was to put this activity back
into that district. He indicated that soil harvesting is not a widespread activity
that occurs in the City. He noted that if it is found to be an issue, the ordinance
can be further amended to place additional restrictions and safeguards to try to
regulate it further.
Code Enforcement Officer Jeremy Martin explained that soil harvesting
would fall under Planning Board review as a grade & fill provided that the activity
is for more than a one foot in elevation or 10,000 sq. ft. in area.
Councilor Blanchette asked at what point would soil harvesting become an
erosion problem. Mr. Martin indicated that any activity could result in an erosion
problem provided that erosion controls are not exercised.
The Committee voted unanimously in favor of the motion to approve the
Consent Agenda.
REGULAR AGENDA
4. Neighborhood Stabilization Program (NSP) Update.
Tanya Emery introduced Jeff Wallace who distributed a handout
explaining the NSP Program. He gave a history of the program and an update
on the activities over the last four years. Mr. Wallace indicated that going
forward, as part of the west side strategy area, Staff is proposing is a “local
program” with a focus more on new buildings rather than rehabbing older
buildings. Staff would like to build one new building the first year and add more
money for more houses in subsequent years.
Councilor Baldacci felt it would be helpful to have this information on the
City’s website and local television station. He asked if the City kept any of the
original money for the program. Mr. Wallace explained that the City was
basically an administrator for HUD.
Councilor Baldacci said that that program has increased property values
and he would like to see more than one property constructed per year.
Councilor Durgin felt that this was a big upgrade to the Buck Street
neighborhood. Mr. Wallace pointed out that four other properties have had
improvements done in the immediate area through private investment.
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5. Commercial Brokerage RFP – Selection.
Director Emery updated the Committee on the Commercial Brokerage
Selection process. She indicated that there were two responses and Epstein
Properties has been selected to provide services. Staff is requesting permission
to negotiate a contract.
Councilor Baldacci move to approve Staff’s request. Councilor Nealley
seconded the motion. The motion passed.
6. Abandoned/Vacant Buildings.
Director Emery distributed two handouts to the Committee. One a short
list of the highlights contained in the proposed Ordinance amendment and a
copy of the actual Ordinance.
Code Enforcement Officer Jeremy Martin gave an overview of the
elements of the proposed ordinance amendment. He said that the intent of this
Ordinance is to require that a building that has been vacant for 60 days to have
the property owner whether it be an individual or a bank to register as an
abandoned vacant building. In cases where there is an out of town owner or a
lending institution the Ordinance will require a local Maine based property
management company represent them. The Code Office will go out with the
owner/representative and inspect the property both inside and out to determine
if it meets the minimum standards for a vacant building. The owner or property
manager will need to visit the property weekly to ensure that the building
remains secure and in a certain condition. This permit will need to be renewed
every six months. Mr. Martin explained that there is also a provision for an
owner to apply for an interim permit in cases where the property does not meet
minimum standards. They would need to bring the property up to minimum
within 90 days. Once they meet those standards they would need to apply for a
permanent permit.
Councilor Durgin asked what would permit the City to board up the
property. Mr. Martin indicated that this provision is no contained in this
ordinance but is in the City’s Property Maintenance Code.
City Manager Conlow indicated that this Ordinance is another tool in the
tool box to help the City address these issues in our neighborhoods.
Councilor Baldacci asked if there was enough Staff to manage the
enforcement of this ordinance. Mr. Martin noting that if passed, his staff will not
be consumed day in and day out with these properties and this will allow them to
do the work that they need to do elsewhere. If there is an issue, they will be
able to call the owner or property manager. The vacant building will have a sign
on it and he would also like to see the name of the property manager, their
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contract information, and the bank’s name, if any, on the sign, as well. Mr.
Martin indicated that he felt that not only will a neighbor call the Code office
when they see a problem they most likely will call the property manager and the
bank.
Councilor Baldacci felt that this is a good first step but there still needs to
be talk about certain other properties and areas in the City.
Councilor Civiello asked about the permit fee. Mr. Martin indicated that
Staff researched various fees charged by other communities and also calculated
the number of man hours spent by staff to administer and deal with a vacant
building in determining the fees. He said that the minimum fee to be charged is
$250.00 If there are additional costs incurred (staff time, secretarial time,
placard time, etc.) then additional actual costs will be charged. This will give
them some incentive to get what they need to get done so that they won’t have
to pay more than $250. If they are over the 90 days then they will have to pay
another $250. Staff is spending a great deal of time with these properties. This
fee was determined to be what a typical cost to the City is for their department
to administer and deal with a vacant building.
Councilor Longo asked if the fee could be waived for someone who was
away in the military. Ms. Emery indicated that Staff would look into this and
bring back some suggestions.
Councilor Durgin asked what the penalties would be for failure to comply.
Assistant City Solicitor Nicklas indicated that the penalty would be anywhere from
$100 to $2,500 per day. At $2,500 a day it would add up quickly.
Councilor Nealley moved to place this item on tomorrow night’s City
Council Agenda for referral back to the BED Committee at its next meeting.
City Councilor Conlow noted that this would need to be done under
suspension of the rules.
The motion was seconded and it passed unanimously. Staff indicated that
it would include the additional provisions suggested by the Committee in the
proposed Ordinance.
The meeting was adjourned at 6:35 p.m.