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HomeMy WebLinkAbout2012-06-20 Business and Economic Development Committee Minutes BUSINESS & ECONOMIC DEVELOPMENT COMMITTEE Wednesday, June 20, 2012, 5 pm City Council Chambers Minutes Councilors: Nelson Durgin, Charlie Longo, Ben Sprague Staff: Cathy Conlow, Rosie Vanadestine, Norm Heitmann, Art Morgan, David Gould, Jeremy Martin, Tanya Pereira Others: Randy Gardner 1. Discussion on Blasting & Quarries City Solicitor Norm Heitmann gave an overview of the process and the direction that was given to staff to review blasting and quarries. City Engineer Art Morgan indicated that he reviewed the blasting permits with the Legal Department. He looked at changing the blasting permit to allow the City to receive documentation that federal and state guidelines are being followed and for the blaster to sign off on. It would also allow access to quarry sites and a visit to ensure all requirements are being met. Councilor Durgin asked when it would go to the Council. Mr. Heitmann responded that it would not need to go to the Council as it is permit language being changed which allows redundancy for checking to ensure the requirements are being met. Councilor Sprague said that quarries as defined are allowed in the Rural Residence and Agricultural (RR&A) District. He believes that the concern is in regard to the zoning district, and changing the blasting permit does not address that issue. Planning Officer Dave Gould reviewed the 1974 Zoning Ordinance and indicated that the only place a quarry was allowed was in an Agriculture Zone. In 1991, the zone became RR&A and that is where it is allowed today. Councilor Sprague said that allowing quarries in the Agricultural area is causing tension among the residents. Councilor Longo asked how many farmers there are in that zone and if they were using it for agricultural uses or if it is more residential. Mr. Gould responded that the City allows a large array of uses in an Agricultural area and Bangor is getting more developed with residential subdivisions on the borders. The Council has determined that quarries are permissible in the RR&A and one only has to ensure that the plan meets the requirements. Should quarries not be allowed in RR&A? Mr. Gould researched other towns and found that almost all of them allow quarries in rural districts. The only places that do not allow them in a rural district were in the Southern part of Maine. York, Wells, and Kennebunk did not allow them in a rural area but all others do. Code Enforcement Officer Jeremy Martin indicated that the City could consider establishing a license for quarries that would be applied for on an annual basis similar to what is done with bars and other businesses. This would allow a review of the standards and operational compliances by the quarries. Councilor Durgin asked how long a quarry license is good for. Staff indicated that currently it is five years. There are no annual inspections unless there is a complaint. The City could annually review the quarries to ensure all regulations are being met and that they are in compliance with DEP performance standards, do an annual inspection, and then issue them a license. This does not address zoning but operational concerns to ensure they are in compliance. The City does not want to become a delegated authority under DEP for this as we do not have the manpower to do that. Staff indicated that any changes being recommended would be going forward and any changes would not change the status of existing quarry operations. Blasting contractors are required to meet certain standards and the permit would only allow the City to document that they are living up to the state standards. The proposed change only regulates the blasting of quarries. City Manger Conlow commented that blasting and quarry zoning are the issues and we can work to develop some minimal standards around hours of operation etc. Staff indicated that grinding activity and transportation are issues, as well, but the permit does not address any of those concerns. The City can look at ways to regulate those operational standards, etc. This is not a high traffic generator. The trucks and the operation are noisy. This is not a traffic issue in terms of what the Planning Board reviews. There are no standards to measure decreases in property values from traffic that is too noisy, etc. The concerns being discussed are issues that the Planning Board does not review and regulate. Councilor Longo felt that they should move forward with this approach. There is a court case pending and he feels that they should see what the justice system does. Public comments: Mr. Randy Gardner, operator of the two quarries in question spoke. He showed a binder with all the permits. The Planning Board, DEP, EPA, OHSA, MSAHA, etc. all have oversight on permitting. Mr. Gardner said that this was reviewed by the City and refused and they had to come back with revisions. The cost of all these documents is around $40,000. He does not believe the City should create additional regulations just because they can. There are random DEP inspections to ensure they are in compliance and MSAHA has been there seven times to inspect. The cost for compliance is close to $200,000 on top of the $40,000 permitting costs and he would not like to have additional costs added for city licensing. Mr. Gardner indicated that they have made concessions such as the hours of operations. He said that it is not true that the quarry makes noise all night long. They open the gates at 6:30 am and are closed at 6:00 pm with no exceptions. They have reasonable hours and have already make concessions and they don’t feel the City needs to duplicate the efforts of DEP and others. Councilor Sprague said they need to appreciate businesses that are already here and not turn back on decisions that were already made by others. He asked how many employees they have. Mr. Gardner indicated that they employ 28 people and grow every year. The quarry only has two full time employees but supports the other operations that keep them competitive. Councilor Longo said the Council represents the people that live here and he would not be happy at 6:30 am to hear noise and that is some of the frustration of the people. The Planning Board process was by the books and he doesn’t question that. Also, he doesn’t believe staff is duplicating efforts by making some changes. There is no one here (neighbors) tonight so maybe the issues have been solved. There has not been any meeting yet of the residents and the quarry operators. Mr. Gardner responded that the issues have not been solved and the absence of the people is not meaning that at all. He indicated that he is open to discussions and meeting with the residents. He said that he knows that he will be the one involved in creating the solutions. He is not open to his demise but he will look at building buffers or berms etc. Mr. Josh Social who lives on Harvard Street said there is noise everywhere and at night. He is a civil engineer and crushed stone is in many items across the City. He said that there is a need for crushed stone and it either comes from local quarries or the price goes up 20-30%. None of quarries are new locations and have been zoned and permitted as such. He spoke positively about Gardner Construction. Quarries can only be where there is rock and these areas are viable areas. He asked the Committee to think about the economics of the long term and not just the short term gain. Mr. Heitmann indicated that the latest quarry is going through court and we will see how that works out. Councilor Sprague noted that in politics it is usually two sides going against each other. However, here this is not the case; residents are not anti business and the company is doing everything by the book. This goes back decades and has become a quagmire. Both sides are right in this and this is what makes it difficult when making a decision. 2. Residential Rehabilitation Loan Subordination Request Councilor Longo moved staff recommendation. The motion was seconded by Councilor Sprague. All voted in favor and the motion carried. 3. Executive Session – Economic Development – Lease Negotiations – 1 M.R.S.A. § 405(6)(C) A motion was made by Councilor Sprague at 5:42 p.m. to enter in Executive Session which was seconded by Councilor Longo. All voted in favor and the motion carried. A motion was made at 5:46 p.m. to exit Executive Session by Councilor Sprague. Councilor Longo seconded the motion. All voted in favor and the motion carried. Councilor Sprague moved the staff recommendation to extend the lease at 208 Maine Avenue for the Chamber and CVB for one year. Councilor Longo seconded the motion which also carried. Meeting Adjourned at 5:48 p.m.