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Home My WebLink About2012-05-14 City Council Minutes MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 14, 2012 Called to Order at 7:30 PM Chaired by Council Chair Weston Councilors Present: All Except Hawes Adjourned at 8:50 PM Recognition: Recognized the Contributions of Fritz and Caroline Oldenburg to the preservation of Open Space in Bangor, Maine Recognition: Recognized the Contributions of Dennis and Jane Shubert to the Preservation of Open Space in Bangor, Maine PUBLIC COMMENT: Sydney McDonald, Maine History Day competition winner, reviewed with the Council what the competition was about, what her project entailed and that she would be competing in the National History Days final in Washington, DC. Joe Bennett indicated that he would donate $100 towards Ms. McDonald’s trip and challenged others to also contribute. CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR *Explanatory Note: All items listed in the Consent Agenda are considered routine and are proposed for adoption by the City Council by one motion without discussion or deliberation. If discussion on any item is desired any member of the Council or public may merely request removal of the item to its normal sequence in the regular agenda prior to a motion for passage of the Consent Agenda. MINUTES OF: Bangor City Council Regular Meeting of April 23, 2012, Bangor School Committee Regular Meeting of April 11, 2012, Housing Authority of the City of Bangor Regular Meeting of March 21, 2012, Business & Economic Development Committee Meetings of April 4, 2012 and April 18, 2012, Airport Committee Meeting of April 17, 2012 ACTION Approved and Accepted LIQUOR LICENSE Application for Liquor License Renewal, Malt, Spirituous, Vinous DURGIN RENEWALS: of Timka, Inc. d/b/a Geaghans, 570 Main Street ACTION Approved Application for Liquor License Renewal, Malt, Spirituous, Vinous DURGIN of GMRI, Inc., d/b/a The Olive Garden Italian Restaurant #1430, 741 Hogan Road ACTION Approved Application for Liquor License Renewal, Malt, Spirituous, Vinous DURGIN of Allon R. Fish d/b/a DMF International, Inc. , 299 Godfrey Boulevard, Airport Terminal ACTION Approved Page 1 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 14, 2012 CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR LIQUOR LICENSE Application for Liquor License Renewal, Malt, Spirituous, Vinous RENEWALS: of Capitol BC Restaurants LLC, d/b/a Bugaboo Creek Steak House, 24 Bangor Mall Boulevard ACTION Approved Application for Liquor License Renewal, Malt, Spirituous, Vinous DURGIN of Hospitality Services of Bangor L.P. d/b/a Ramada, 357 Odlin Road ACTION Approved 12-149 ORDER Directing the City Clerk to Prepare Warrants and Ballots – School SPRAGUE Budget Validation Election – June 12, 2012 ACTION Passed 12-150 ORDER Appointing Registration Appeals Board HAWES ACTION Passed 12-151 ORDER Appointing Election Clerks BLANCHETTE ACTION Passed 12-152 ORDER Authorizing the City Manager to Execute a Collective Bargaining BALDACCI Agreement between the City of Bangor and AFSCME Council 93 representing Ramp Attendants and Shift Leads at Bangor International Airport ACTION Passed 12-153 ORDER Appointing the City Manager as Responsible Federal Official GRATWICK ACTION Passed 12-154 ORDER Assuring and Certifying the City’s Compliance with Certain LONGO Requirements for Community Development Funds ACTION Passed 12-155 ORDER Ratifying the Application by the City Manager for Federal HAWES Transportation Administration New Freedom Grants ACTION Passed 12-156 ORDER Authorizing Application for and Acceptance of a grant for BLANCHETTE $15,000 per year for three years from the Maine Office of Substance Abuse to implement prescription drug and marijuana prevention strategies in our Healthy Maine Partnership service area ACTION Passed Page 2 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 14, 2012 CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR 12-157 ORDER Award of Auditing Services Contract DURGIN ACTION Passed 12-158 ORDER Authorizing Contract Award with International Salt, for the GALLANT purchase of Sodium Chloride at 58.77 ACTION Passed 12-159 ORDER Ratifying the Application by the City Manager for $21,793 in GALLANT Edward Byrne Memorial Grant Program Funds to be Shared With the Penobscot County Sheriff’s Department ACTION Passed REFERRALS TO COMMITTEE AND FIRST READING ASSIGNED TO ITEM NO. COUNCILOR 12-160 RESOLVE Accepting and Appropriating a grant in the amount of LONGO Accepting and $4,575,633 from the Federal Aviation Administration and $127,101 from the Maine Department of Transportation under st the Airport Improvement Program Grant #55 (1 Reading) ACTION First Reading 12-161 RESOLVE Making an Appropriation for Adult Education for the Bangor BALDACCI School Department as Required by 20-A MRSA Section 8603-A st (1) (1 Reading) ACTION First Reading LONGO 12-162 RESOLVE Making an Appropriation for Non-State Funded Debt Service Allocation for the Bangor School Department as Required by 20- st A MRSA Section 15690 2. A (1 Reading) ACTION First Reading 12-163 RESOLVE Approving School Department Estimates of Revenue from State GRATWICK st Sources and Budget-Enterprise Fund (1 Reading) ACTION First Reading 12-164 RESOLVE Making an Appropriation for the Bangor School Department in GALLANT Excess of the Maximum Spending Target Established by 20-A st MRSA Section 15671 A.4 (1 Reading) ACTION First Reading Page 3 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 14, 2012 REFERRALS TO COMMITTEE AND FIRST READING ASSIGNED TO ITEM NO. COUNCILOR 12-165 RESOLVE Making an Appropriation for the School District Contribution to BLANCHETTE the Total Cost of Funding Public Education from Kindergarten st to Grade 12 as Required by 20-A MRSA Section 15690 1. A-B (1 Reading) ACTION First Reading 12-166 RESOLVE Approving School Department Estimates of Revenue from State SPRAGUE st Sources and Budget-Special Revenue Fund (1 Reading) ACTION First Reading 12-167 RESOLVE Making an Appropriation for the Total School Budget for the DURGIN Bangor School Department as Required by 20-A MRSA Section st 15690 4.A (1 Reading) ACTION First Reading 12-168 RESOLVE Approving School Department Estimates of Revenue and Budget HAWES st - Trust and Agency Fund (1 Reading) ACTION First Reading 12-169 RESOLVE Vocational Education Region #4 Appropriation Pursuant to Title BALDACCI 20-A, Chapter 606, 15601-15619, Maine Revised Statutes st Annotated (1 Reading) ACTION First Reading 12-170 RESOLVE Authorizing Issuance of the City's General Obligation Bonds and DURGIN st Notes in Anticipation Thereof and a Tax Levy Therefore (1 Reading) ACTION First Reading UNFINISHED BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 12-126 ORDINANCE Amending Chapter 165, Land Development Code, of the Code of GALLANT the City of Bangor – Nonconforming Residential Accessory Structures ACTION Motion made and seconded for passage Vote: 8-0 Councilors Voting Yes: Baldacci, Blanchette, Durgin, Gallant, Gratwick, Longo, Sprague, Weston Councilors Voting No: None Councilor Absent: Hawes Passed Page 4 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 14, 2012 UNFINISHED BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 12-144 RESOLVE Accepting and Appropriating a Grant for $37,250 from the Maine GALLANT Centers for Disease Control’s Lead Poisoning Prevention Fund to continue lead poisoning prevention activities in the Penquis District ACTION Motion made and seconded for passage Passed NEW BUSINESS ASSIGNED TO ITEM NO. COUNCILOR PUBLIC Liquor License Application, Malt, Spirituous, Vinous of Smith DURGIN HEARING: Towle Inc., d/b/a Grill on the Green, 278 Webster Avenue ACTION Motion made and seconded to Open the Public Hearing No public comment Motion made and seconded to Close the Public Hearing Public Hearing Closed Motion made and seconded for Passage Passed PUBLIC Liquor License Application, Waterfront Concerts LLC, d/b/a DURGIN HEARING: Waterfront Concerts, 647 Main Street ACTION Motion made and seconded to Open the Public Hearing No public comment Motion made and seconded to Close the Public Hearing Public Hearing Closed Motion made and seconded for Passage Passed PUBLIC Liquor License Application, Malt, Spirituous, Vinous of Eleven DURGIN HEARING: Central Inc. d/b/a 11 Central, 11 Central Street ACTION Motion made and seconded to Open the Public Hearing No public comment Motion made and seconded to Close the Public Hearing Public Hearing Closed Motion made and seconded for Passage Passed PUBLIC Special Amusement License for Eleven Central Inc. d/b/a 11 DURGIN HEARING: Central, 11 Central Street ACTION Motion made and seconded to Open the Public Hearing No public comment Motion made and seconded to Close the Public Hearing Public Hearing Closed Motion made and seconded for Passage Passed Page 5 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 14, 2012 NEW BUSINESS ASSIGNED TO ITEM NO. COUNCILOR PUBLIC Special Amusement License for Hospitality Management, Inc., DURGIN HEARING: d/b/a Ramada Inn, 357 Odlin Road ACTION Motion made and seconded to Open the Public Hearing No public comment Motion made and seconded to Close the Public Hearing Public Hearing Closed Motion made and seconded for Passage Passed 12-171 ORDER Directing the City Manager to Take Possession of Property DURGIN Located at 110 Pearl Street - Peter Brown and Jennifer Brown ACTION Motion made and seconded for Passage Vote: 8-0 Councilors Voting Yes: Baldacci, Blanchette, Durgin, Gallant, Gratwick, Longo, Sprague, Weston Councilors Voting No: None Councilor Absent: Hawes Passed 12-172 ORDER Authorizing Agreements for use of City Sidewalks to Include the SPRAGUE Consumption of Alcohol Until Midnight ACTION Motion made and seconded for Passage Motion Doubted Motion made to amend by substitution to limit authorization to a one year trial period ending October15, 2012 Motion to amend dies for lack of second Motion to postpone made and seconded Motion to postpone withdrawn Motion made to end debate Motion to end debate died for lack of second Vote: 5-3 Councilors Voting Yes: Baldacci, Durgin, Gallant, Sprague, Weston Councilors Voting No: Blanchette, Gratwick, Longo Councilor Absent: Hawes Passed 12-173 ORDER Authorization to Execute and File with the Department of GRATWICK Housing and Urban Development an Amendment to the City of Bangor's 2010 5-Year Consolidated Housing and Community Development Plan for Community Development Entitlement Funds under Title I of the Housing and Community Development Act of 1974, to include the newly created Neighborhood Revitalization Strategy Area (NRSA) of Main-Third and Union- Buck Streets ACTION Motion made and seconded for Passage Passed Page 6 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 14, 2012 NEW BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 12-174 ORDER Authorization to Execute and File with the Department of SPRAGUE Housing and Urban Development a Final Consolidated Housing and Community Development Plan for Community Development Entitlement Funds under Title I of the Housing and Community Development Act of 1974 ACTION Motion made and seconded for Passage Motion made to amend by substitution the Consolidated Housing and Community Development Plan Amendment Passed Motion made and seconded to authorize Order 12-174 as amended Passed Page 7