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HomeMy WebLinkAbout2012-11-20 Business and Economic Development Committee Minutes BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE Tuesday, November 20, 2012 5:00 PM City Council Chambers Minutes Councilors Present: Sprague, Blanchette, Hawes, Longo and Civiello Staff: Vanadestine, Wallace Heitmann, Wallace, Martin, Pereira, Arno, Bolduc and Bird CONSENT AGENDA 1. Community Development Residential Rehabilitation Loan – 21 Bragg Street Councilor Civiello indicated that she would like more information about this item. Councilor Longo moved to enter Executive Session. The motion was seconded and it passed. It was moved and seconded to exit Executive Session. Councilor Longo moved the Consent Agenda. The motion was seconded and unanimously approved. REGULAR AGENDA 2. Recommendations from 10/24/12 Commission on Cultural Development for two (2) Grant Awards  Schoodic International Sculpture Symposium  Downtown Bangor Partnership - Downtown Countdown 2013 Jason Bird explained that a committee was created which was tasked with raising the $20,000 sponsoring cost to have a statute commissioned for Bangor’s Waterfront as part of the Schoodic International Sculpture Symposium. The Committee was able to raise all but $1,105 of its goal. The Committee has submitted a request for a Grant and has received a recommendation for approval of the request from the Commission on Cultural Development. City Staff did not offer a recommendation on this item. Councilor Longo indicated that he would not support the grant request as the appointed Committee indicated that it would not ask the City for funding for this project as it would be soliciting private donations. Councilor Blanchette indicated that she, too, would not recommend the grant request as the City has already given in-kind support to this project. Judith Boothby, Chairman of the Committee tasked with raising the $20,000 sponsoring cost, indicated that she understood the Councilors’ position and she expressed her thanks for all of the Staff’s support. Tim Lo, Chairman of the Commission on Cultural Development indicated that the Commission has funds available and they proposed that the Committee request the grant. Councilor Longo moved to Indefinitely Postpone this item. The motion was seconded by Councilor Blanchette. The motion passed unanimously. Bird discussed the request from the Downtown Bangor Partnership for a grant for the 2013 Downtown Countdown. Staff recommended approval of the grant. Councilor Longo moved to approve Staff recommendation. The motion was seconded and passed unanimously. 2 3. Recommendations from 9/19/12 Downtown Parking Advisory  Change in Atler Lot from 30 minute parking to 2 hour parking  Rate Increase for off-street parking facilities managed by Republic Parking Bird discussed both proposed changes. The increase in hourly parking in the Atler Lot from 30 minutes to two hours will allow additional time for those using the Federal building offices, and, the rate increase requested by Republic Parking is approximately $1 to $3 per permit. Staff recommended approval. Councilor Longo indicated that the changes were discussed and recommended by the Downtown Parking Committee. He moved to approve Staff recommendation. The motion was seconded and unanimously approved. 4. Request for Proposals – Freeses Tanya Pereira gave a brief overview of the ownership of the Freeses Building. There are three condominiums. One owned by the Maine Discovery Museum, one owned by the developer of the Freeses housing apartments and one acquired by the City from the developer of the apartments in February, 2012. In review of the space and the renovations that will need to be done to the 12,000 sq. ft. of area, Staff felt that the best avenue would be to solicit a Request for Proposals (RFP) to see what interest there is in private development. Councilor Hawes moved to approve Staff recommendation to send out the RFP. The motion was seconded and passed unanimously. 5. Historic Preservation Ordinance Jeremy Martin explained that Staff has been looking at ways to streamline the approval processes and ways to create efficiencies within the Divisions/ Department. One area that has been identified is transferring the Historic Preservation Commission (HPC) function responsibility from the Code Office to the Planning Division. Most communities in the State have the HPC function as part of their Planning offices. The Code Office will still be involved in the issuing of permits and enforcement. Martin indicated that the Ordinance revision was reviewed by the Historic Preservation Commission in October and unanimously approved. Staff recommended approval. A motion was made, seconded and unanimously approved to accept Staff recommendation. 8. Discussion and Process on Disruptive Property Ordinance Councilor Sprague, noting the number of people in attendance to discuss this item, moved that this item be considered before Item No. 7 on the Agenda. The motion was seconded and passed. City Solicitor Norm Heitmann gave an overview of previous discussions on this item where the proposed ordinance was reviewed and public comment was taken. Staff has met with the Greater Bangor Landlords and Mangers Association, with an individual landlord and his counsel, with the East Side Neighborhood Association, and has been in contact with various individuals on the phone or by e-mail who have expressed their thoughts on the proposed ordinance. Heitmann noted some of the highlights of the proposed ordinance which included the definition of disruptive property. One of the concerns expressed by Councilors at the last meeting and has been expressed by others was to make it clear that remediation can include efforts to evict the 3 tenant. It is now explicit in the draft ordinance. The remediation process requires the property owner to make a good faith effort to implement a plan and for the City to work with them. After these discussions, there were a couple of changes proposed. One to make sure that the property owner gets notice by certified and regular mail. Also Staff has discussed the idea of a landlord/property owner’s registry. A property owner can give the City their preferred way of being notified. Landlords expressed their concern that problems may exist that they do not know about. The other concern expressed by the landlords was that of a “sliding scale.” Obviously a 10 unit building is going to have more opportunities for complaints than a 2 unit building. The landlord’s organization has asked that the Ordinance be amended to reflect the more units there are the more complaints before they are labeled a disruptive property. Heitmann indicated that he had received an e-mail from Jerry West, President of the Landlords group which indicated that they could not attend but were comfortable with the proposed changes. Councilor Blanchette indicated that the sliding scale will be an incentive for the landlords to be more willing to cooperate and the ordinance is a good step. Councilor Civiello asked about a sliding scale for a noise versus a criminal activity. Heitmann indicated that they can add this language but it raises a challenge to identifying the activity and then you run the risk of being so specific that you start missing things. He indicated that as time passes the language may need to be “tweaked” and the Ordinance could be amended. Councilor Longo felt that having a notification system will help landlords and will be a tool for them to use. Councilor Sprague asked for comments from the audience. Susan Pope, Assistant District Attorney, indicated that there are some properties which are run as businesses; she asked if this ordinance addressed those places (i.e. Hope House, the efficiencies on Hammond Street, and the Ranger Inn). She said that they use the Police Department as property managers and try to avoid all of the requirements needed for eviction by calling themselves hotels, inns or motels. Heitmann indicated that rooming houses and boarding houses are included. Staff was questioned regarding the Ranger Inn and the Bangor Efficiency Apartments on Hammond Street. Martin indicated that Staff has been looking into these and they will be back with answers in the near future. Barbara Roy, a Webster Avenue North resident – indicated that the problems they have had because of the Bangor Efficiency Apartments, they need the City behind them. The owner is using the Police Department to maintain his building. She indicated that she was at the meeting to speak on the sliding scale approach. She indicated that she was not in favor of this approach. She said that she did not care how many units are in the building next to her when she is up at 3:00 a.m. listening to the argument. She indicated that she has picked syringes out of her driveway, fights that have rolled out into her driveway and her kids can’t walk home from school. Councilor Blanchette said the City needs an ordinance that says that if they can’t control their tenants, then their boarding house license will be taken away. Michael Rolnick, owner of several apartments in Bangor, told the Committee a story of his trials and frustration with renting to a tenant that he is having difficulty evicting. She was not listed as a bad tenant on the Greater Bangor Apartment Owners and Managers Association website. He rented to her and she provided him with the first month’s rent which she received from General Assistance. Shortly after that she was having people going in and out of her apartment at all hours of the night. The tenant, because of her drug use, failed to reapply for her monthly General Assistance and did not pay the next month’s rent. He has been trying to evict her but under the present system rules, he’s finding it very difficult and expensive. He agreed with Ms. 4 Roy. He is experiencing the same problems and he said that he felt that most of them are caused because General Assistance gives vouchers to people who are drug users. Heitmann noted that in this case Mr. Rolnick would not be cited under the disruptive properties ordinance because he is taking the appropriate steps to remedy the situation by beginning the eviction process. The difficulties he is experiencing with the actual eviction are with the Courts and not the City. Mr. Rodrigues who lives on outer Essex Street indicated that he feels that this ordinance is premature, it needs more time, and it needs for both sides to sit down and go through it. Mr. Rodriques had questions regarding background research done for the ordinance and whether or not this is a major issue confronting Bangor or is it a regional problem that affects a few that are complaining. He also had questions regarding availability of police records, what data supports the ordinance other than the community complaints and how many are there. He went on to ask how many problem places there are and how many have police issues. Landlords will have to pay for this ordinance because they have to pay for the eviction process. He asked if there was another remedy besides an eviction. He said that he is concerned about enacting an ordinance that is implemented and then reviewed. Attorney John Canders, asked for clarification on the sliding scale. He said that as written he felt that each separate event would be considered a disruptive event and subject to a civil penalty. Heitmann indicated that as written it was his opinion that this was not the case but that he would be willing to sit down and rework the amendment. Mr. Canders noting several areas of the Ordinance that he felt should be amended indicated that he would forward his comments and his suggestions for wording to Mr. Heitmann. Councilor Hawes indicated that they would need to extend this discussion to another meeting as it will give Mr. Heitmann time to go over his options and work with Jeremy. Frank Harnett, 30 Webster Avenue North, indicated that he was asked by Councilor Civiello to participate. He resides in the neighborhood that abuts the Bangor Efficiencies on Hammond Street. He outlined the problems that he has experienced. The Police Department has been called hundreds of time and the neighbors have taken license plates, apartment numbers and they have done everything that we can do as neighbors. That building is no longer causing any sort of useful good. Home values are falling, their safety is being questioned and it is affecting their quality of life. He asked that the City Council pass this ordinance. Longo moved Staff recommendation. Heitmann indicated that at this time Staff does not have a recommendation as they wanted to see if the Councilors would like to make any changes. Councilor Hawes indicated that she would like to see the changes incorporated and recommended that this be sent to another meeting. Councilor Sprague noted that this would be sent to the first BED meeting in December. Gary Capehart, 1094 Essex Street, asked if the Bangor Housing Authority is the owner, if they would then be held responsible if you had these violations in units. Heitmann indicated that the property owner is responsible and if it is Bangor Housing Authority they would be responsible. Charles Siegel, Palm Street, indicated that this is the start of the communication process between the City and the landlord. Chad Walton, a Bangor resident, asked where the fines collected would go and if they could go directly to the police department to handle these disruptive people. Heitmann indicated that normally the fines would go into the general fund but that he would check into this. 5 6. Executive Session – Economic Development – Business Development Loan – 1 M.R.S.A. § 405(6)(C) Councilor Longo moved to go into Executive Session. The motion was seconded and passed. The Committee voted to exit Executive Session. That motion was seconded and it passed unanimously. 7. Committee Action on Above Item The Committee moved, seconded and voted unanimously to recommend that it not release the City’s junior mortgage security interest in Mr. Wellman’s property in exchange for a payment of $2,000. The Meeting was adjourned at 7:08 p.m.