HomeMy WebLinkAbout2013-04-16 Business and Economic Development Committee Minutes
BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE
Tuesday, April 16, 2013 5:15 PM
City Council Chambers
MINUTES
Councilors Present: Chair Sprague, Gallant, Nealley, Blanchette, Civiello, Durgin
and Longo
City Staff Present: Conlow, Gould, Vanadestine, Willette, Witham and Heitmann
Chair Sprague called the meeting to order at 5:15 p.m.
1. REFERRAL- ORDINANCE, Removing Chapter 180, Mechanical Code,
from the Code of the City of Bangor.
City Manager Conlow explained that the State of Maine has adopted a new
Uniform Building and Energy Code that includes mechanical code provisions
which supersede the City’s Mechanical Code. This housekeeping amendment
would remove Chapter 180, Mechanical Code from the Code of the City of
Bangor as it is no longer needed.
Councilor Durgin moved Staff recommendation of this Ordinance – Removing
Chapter 180, Mechanical Code from the Code of the City of Bangor. Councilor
Blanchette seconded the motion. All in favor, motion carried.
2. Comprehensive Plan Review
Planning Officer Dave Gould explained the process of the Comprehensive Plan
Update. After finishing the 2005 update, it was thought that a different
approach might be taken in the update process. In 2008 the “Special Committee
on Comprehensive Planning” was created. Invitations were extended to people
in various fields including the education industry, banking, real estate, etc. to
come together as a group and go through key issues relative to the
Comprehensive Plan. A very specific policy plan was developed which was very
different from what the State asked for in terms of a huge composite of policy
driven facts and figures. The State Planning Office did not feel that this new
policy document would be acceptable to them as a Comprehensive Plan but that
it would need to be folded into the old standard methodology. That policy plan
was folded into the Comprehensive Plan 2005. In 2010 the City Council adopted
that plan and then subsequently it was sent to the State for certification under
the Growth Management Act. The State Planning Office came back with items
they thought were not current and did not meet some of the latest standards
that they had to deal with. Staff updated that plan and sent it back to the State
as the Comprehensive Plan 2012. The State deemed it consistent with the
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Growth Management Act in the fall of 2012. The new Comprehensive Plan 2012
was subsequently approved by the Planning Board. Mr. Gould indicated that the
Plan also needs to be adopted by the City Council.
Councilor Longo noted that there were already things within the document that
are out-of-date. He indicated that if the City Council passes this so that the City
can be in State compliance work can start on the next version. He urged that it
be recommended to the full Council for approval.
Chair Sprague asked what the process is to make changes to the plan. Mr.
Gould indicated that whenever a major amendment to the Plan is made it needs
to be sent back to the State for review followed by another public hearing before
the Planning Board, and approval from the City Council.
Councilor Gallant asked for an outline of the benefits of implementing an
outdated plan. Gould indicated that not all of the pieces are outdated. Some
places are dynamic and will not stop evolving. There is always going to be
elements that are outdated because the City is evolving.
Conlow added that the Comprehensive Plan is a dynamic document
Councilor Durgin moved staff recommendation that this be forwarded onto the
full Council for adoption. Councilor Nealley seconded the motion. The motion
carried, all in favor.
3. Continued Discussion of Pickering Square
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Peter Arno, Interim Police Chief indicated that on March 1 a permanent walking
patrol officer was assigned to the downtown in response to overwhelming
concern from people in the downtown about youth that gathers in open spaces.
This is in addition to the 24/7 coverage that the downtown receives from an
officer and a cruiser. Since that time 21 individuals have been charged with
criminal trespass. Others have been charged with public drinking, bail violations,
theft, etc. This in effect bans them for one year from the downtown area. Arno
indicated that the Police Department is funding the position almost entirely out of
their budget. They are taking a zero tolerance approach to anything that they
can enforce. Arno indicated that they continue to remain open to suggestions
and are encouraging the downtown people to give them a call if they see areas
that they need to concentrate on.
Arno indicated that there has been particular concern about a substance known
as spice. It’s a synthetic substance and the physiological effects are not all that
different from bath salts. There are some forms that are illegal and there are
more that are legal. There are a few businesses that are selling the legal form of
spice. Earlier today they had a conversation with Chris Ruhlin over the sale of the
drug and expressed their concerns and the downtown neighbors’ concerns. Mr.
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Ruhlin has voluntarily taken spice off of his shelves and he indicated that he will
talk to others and encourage them to follow his lead. Chris Ruhlin discussed
“spice” and its users and his decision to discontinue selling it. He also indicated
the significant loss his business will see and that it could be as much as three
jobs being lost.
Chair Sprague asked City Solicitor Heitmann to comment on the legal issues
involved with Pickering Square and its users.
City Solicitor Heitmann indicated that there have been two major behavioral
issues identified. The first is loitering. The City has a loitering ordinance.
Loitering is standing or sitting in one place or hanging out in one place. That is
not a violation. What is a violation while hanging out is to interfere or obstruct
pedestrian or vehicular traffic. The other issue is that of solicitation.
Panhandling is asking for money, but there are other things that people stand on
the sidewalk and ask of people. They ask for signatures, the time of day,
conversations, etc. It is not limited to downtown. Panhandling, which is asking
for money, is protected by the first amendment of the U.S. Constitution.
Heitmann indicated that aggressive solicitation can be regulated by ordinance.
We can have an ordinance that says if your behavior is not letting you pass, or is
grabbing you, etc. we can regulate that and prohibit it. Ordinances are not
crimes so someone is not going to be able to be arrested and immediately
removed from the street if they violate an ordinance. They would be ticketed,
would have to go to court and pay a fine.
City Manager Conlow indicated that in Staff discussions, one recommendation
was to sit down with the abutting property owners to the pocket park and talked
about removing the park status to something else that would allow further
control from the neighborhood as opposed to falling under our Ordinances for
parks.
Councilor Durgin felt that the public should be educated that loitering is not a
misdemeanor or crime. While these types of activities are offensive to people
who are in the downtown they are not a violation of law.
Councilor Civiello asked if it would be helpful to adjust the patrol times to
possibly include Saturday nights. Arno indicated that because the downtown
foot patrol has only been instituted for a month it would be too soon to get a fair
assessment on how effective it has been.
Councilor Gallant recently observed youth that were doing nothing but causing
trouble. If there is a place that could be created that was better than Pickering
Sq. or the pocket park maybe they would want to be there instead. He felt that
if it could be determined why they are loitering in Pickering Square or the pocket
park then maybe we could handle the issue of getting them to be somewhere
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else. He also made a suggestion to put Pickering Square and the pocket park
out to RFP for private business use.
Councilor Nealley felt that a walking patrolman at times disburses some of these
groups and certainly makes downtown visitors and customers feel more safe. He
indicated that he did not feel that the situation was so out of hand that the
situation could not be reduced.
George Kinghorn, President of the Downtown Bangor partnership indicated that
they pay up to $10,000 out of their budget to fund the foot patrol. This
disruptive behavior is impacting businesses downtown and their efforts to bring
in tourists to the region, as well. He felt that there must be some type of
mechanism to provide the police with ammunition to move these people along.
He indicated that he liked the idea of reclassifying the pocket park and suggested
that it be something similar to the way the vacant lot next to the Central Street
farmhouse was done.
Gene Beck, owner of Nocturnum Draft House which abuts the pocket park
indicated that this is impacting him directly. His customers and employees are
greeted by these undesirables doing undesirable things. However, since March
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1 the foot patrol has had a big effect down there. As long as they keep
continuing this, he feels that this will have positive results. He also suggested a
neighborhood watch.
Councilor Nealley indicate that he would rather head this off and make the
investment now on behalf of the City. If not addressed, it could affect property
values and revenue streams for businesses. He said that they may have to
consider this at budget time when we look at whether one foot person is enough
for downtown.
Councilor Durgin suggested looking at privatizing events that draw people into
the downtown. Having a patrol man on the beat is probably the best thing that
they have done. He also said that the City needs to get the message out there
that social behavior that is breaking the law will not be tolerated.
Councilor Longo noted that the bus study is coming and he did not believe that
the bus station should be where it is. The redesign of Pickering Square could be
accelerated. Presently, there are people sleeping in the gravel area by the
Parking Garage. He asked if “pro-Bangor” banners could be used to enclose that
area so that there isn’t an overhang there for people to sleep under when it rains
or it could be put out for use under an RFP.
Gail Hipsky and her husband Marty own the old Standard Shoe building which
abuts up to the pocket park. They have renovated the building into 13 high-end
apartments and three commercial spaces downstairs. The last couple of years
they feel this has gotten out of hand in the downtown because of the aggressive
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panhandling, loitering, trash throwing, swearing, screaming, littering and
damage to plants. She said that this is a safety issue for their tenants. When
there are activities in the downtown like the cool sounds these people don’t
seem to want to hang around. She said that they want to be in control of their
City and want people to use the park and the bus and feel safe about it. She
noted that senior citizens are parking in the garage at Hollywood slots and then
carpooling to the senior center because they are afraid to use the parking
garage.
Chair Sprague asked the City manager to work with Staff and the parties
involved and look into options and bring it back to a BED meeting in May.
City Manager Conlow indicated that the Parks and Recreation and Economic
Development staff will sit down with the property owners that abut the pocket
park to discuss the different access points, how to get events to that area, and
the possibility of putting in surveillance cameras to monitor the area 24 hours a
day.
Councilor Gallant was in favor of looking at both Pickering Square and the pocket
park simultaneously. Conlow noted the redesigns for Pickering Square and asked
if the Committee wanted Staff to move forward with them or look into privatizing
it. She suggested that the pocket park be considered first. Staff will come back
and talk about options for Pickering Square.
Conlow indicated that Stafff will meet with the residents and the property owners
in that vicinity to determine the best way to dispose of that.
Councilor Blanchette indicated that she would like to know what the legal
residences are for those people being summonsed.
Conlow asked if they were interested into looking at installing cameras at
Pickering Square. Chair Sprague felt that it could act as a deterrent even if we
don’t have someone to man them all the time
Councilor Longo noted that Houlton has a downtown live camera and anyone can
watch it on the internet. It could be put on the web and volunteers could watch.
Conlow indicated that the City would maintain the cameras that would play in the
Police Department. We would have the ability to go back and take a look if
something happened. She indicated that Staff will come up with a cost estimate.
Chair Sprague summarized that the Police Department will look at the number of
summons in the next 30 days and if the business owners and neighbors could
keep track of the situation and keep the City Council up to date it would be
helpful.
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Conlow indicated that regarding “spice” the Police Department will be talking to
other shops of a similar nature and City Staff will come back with options for
zoning these types of shops.
Councilor Civiello asked if police patrol times would be looked at. Conlow
indicated that the Police Department is going to continue to monitor the
situation.
Chair Sprague indicated that this item would come back before the Committee
the second meeting in May.
4. Gateway & Pedestrian Signage and Kiosks
Jason Bird, Business Development Officer and Downtown Coordinator explained
that Staff was looking for a recommendation on the Gateway and Pedestrian
Signage and Kiosks in order for it to go out to RFP. The Committee will see this
again two different times. Once, to review the RFP’s, and once again to review
and finalize them. Bird went over the sample distributed to the Committee.
Councilor Durgin noted that Bangor Historical Society Museum was not included.
Bird explained that it may not be one of the four locations that were originally
proposed but it will be considered in the future if it warrants it as the Museum is
an asset and it is a tourist destination.
Councilor Longo noted that the Discovery Museum font is hard to read. Bird
indicated that they plan to incorporate into the RFP the ability to do three
revisions. At that time Staff will review with the group fonts, font size, colors,
etc.
Councilor Gallant felt that the Bangor Historical Museum should be added to any
signage. Bird indicated that they are recognized as a value to the City. Now
there are funds for four locations and as the resources become available they will
certainly be considered.
Councilor Nealley moved Staff recommendation to send this out for an RFP. He
noted that funding to implement the signage programs will be through a
combination of TIF and CDBG monies and that no property tax revenue will be
expended for the implementation of this project. Councilor Durgin seconded
the motion. All were in favor and the motion carried.
Meeting adjourned at 6:45 p.m.