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Home My WebLink About2012-05-30 City Council Minutes MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 30, 2012 Called to Order at 7:30 PM Chaired by Council Chair Weston All Councilors Present Adjourned at 10:10 PM PUBLIC COMMENT: Police Chief Ron Gastia promoted Rob Angelo to the position of Sergeant. Maria Mason, 1528 Union Street, read a letter in opposition to the quarry on Union Street asking the City Council to overturn the Planning Board’s decision. City Solicitor Heitmann responded that the City Council did not have that authority and such an action would need to be done through the Court system. 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 May 14, 2012, Finance Committee Meetings of March 19, 2012, April 12, 2012 and April 18, 2012, Government Operations Committee Meetings of April 10, 2012 and April 24, 2012, Infrastructure Committee Meeting of May 8, 2012 ACTION: Approved and Accepted LIQUOR Application for Liquor License, Malt, Spirituous, Vinous of City GALLANT LICENSE of Bangor, d/b/a City of Bangor-Bass Park, 100 Dutton Street RENEWALS: ACTION: Approved Application for Liquor License, Malt, Spirituous, Vinous of GALLANT Penobscot Yacht Club, d/b/a Holiday Inn – Odlin Road, 404 Odlin Road ACTION: Approved 12-175 ORDER Authorizing Execution of Municipal Quitclaim Deed – Real DURGIN Estate Located at 31 Martel’s Mobile Home Park ACTION: Passed 12-176 ORDER Authorizing Execution of Municipal Quitclaim Deed – A Portion BALDACCI of Real Estate Located at Stillwater Avenue ACTION: Passed Page 1 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 30, 2012 CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR 12-177 ORDER Authorizing the City Manager to Execute a Collective LONGO Bargaining Agreement between the City of Bangor and Teamsters Local 340 representing the Support Unit at Bangor Police Department ACTION: Passed 12-178 ORDER Authorizing the City Manager to Apply for 319 Nonpoint Source GRATWICK Pollution Control Funding from Maine Department of Environmental Protection ACTION: Passed 12-179 ORDER Amending the City’s Personnel Rules and Regulations for Non-BLANCHETTE Unionized Employees ACTION: Passed 12-180 ORDER Authorizing the execution of a lease between the City of Bangor BLANCHETTE and Maine Aero Services, Inc. for Hangar #115 at Bangor International Airport ACTION: Passed 12-181 ORDER Authorizing the execution of a lease between the City of Bangor HAWES and the Maine Highlands for office space within Building 121, of the General Aviation terminal at Bangor International Airport ACTION: Passed 12-182 ORDER Authorizing Contract Award in the amount of $714,144.25 to SPRAGUE Hughes Brothers for Godfrey/Maine Avenue Roundabout Removed from Consent Agenda and moved to New Business 12-183 ORDER Authorizing Contract Award in the amount of $106,740 to Roof GALLANT Systems of Maine for WWTP Operations Building Roof ACTION: Passed REFERRALS TO COMMITTEE AND FIRST READING ASSIGNED TO ITEM NO. COUNCILOR 12-184 RESOLVE Accepting and Appropriating Grant Funds from the U.S. HAWES Department of Housing and Urban Development – Shelter Plus st Care Renewal (1 Reading and Referral to Finance Committee on June 4, 2012 at 5:00 p.m.) ACTION: First Reading and Referral to Finance Committee on June 4, 2012 at 5:00 p.m. 12-185 ORDINANCE Amending Chapter 134, General Assistance, of the Code of the BALDACCI st City of Bangor, to Comply with State Law (1 Reading and Referral to Government Operations Committee on June 12, 2012 Page 2 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 30, 2012 REFERRALS TO COMMITTEE AND FIRST READING ASSIGNED TO ITEM NO. COUNCILOR at 5:00 p.m.) ACTION: First Reading and Referral to Government Operations Committee on June 12, 2012 at 5:00 p.m. 12-186 ORDINANCE Amending Chapter 165 of the Code of the City of Bangor, §165-LONGO st 97, Government and Institutional Service District (G & ISD) (1 Reading and Referral to Planning Board on June 19, 2012 at 7:00 p.m.) ACTION: Motion made not to refer, no second, motion died. Motion made and seconded for passage Motion Doubted Vote: 7-2 Councilors Voting Yes: Baldacci, Blanchette, Durgin, Gratwick, Hawes, Sprague, Weston Councilors Voting No: Gallant, Longo Passed UNFINISHED BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 12-133 ORDINANCE Amending Chapter 268, Stormwater, of the Code of the City of GRATWICK Bangor, By adding Article II, Stormwater Utility PUBLIC COMMENT: Loverne Stockwell urged the City Council to support this amendment. ACTION: Motion made and seconded for passage Vote: 8-1 Councilors Voting Yes: Baldacci, Blanchette, Durgin, Gallant, Gratwick, Longo, Hawes, Weston Councilors Voting No: Sprague Passed 12-145 ORDINANCE Amending Chapter 165, Land Development Code, Section 92, GRATWICK Urban Service District (USD), of the Code of the City of Bangor, By Changing Bar, Tavern, or Lounge to a Permitted Use ACTION: Motion made and seconded for passage Vote: 6-3 Councilors Voting Yes: Durgin, Gallant, Gratwick, Hawes, Sprague, Weston Councilors Voting No: Baldacci, Blanchette, Longo Passed 12-146 RESOLVE Appropriating $51,820 from the Forestry Trust Account to DURGIN Purchase Essex Street Property ACTION: Motion made and seconded for passage Passed Page 3 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 30, 2012 UNFINISHED BUSINESS 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 the Airport Improvement Program Grant #55 ACTION: Motion made and seconded for passage Motion made to amend by substitution of Resolve Amendment Passed Motion made and seconded for passage of Order 12-160 as amended Passed 12-161 RESOLVE Making an Appropriation for Adult Education for the Bangor BALDACCI School Department as Required by 20-A MRSA Section 8603-A (1) PUBLIC COMMENT: Councilor Baldacci disclosed that his wife periodically was a substitute teacher in the Bangor school system. Motion made and seconded to declare no conflict for Councilor Baldacci Passed Jim Moore, Charlie Merkel, Gary Capehart, Brian Doore and Betsy Webb spoke in favor of the FY2013 School Budget. ACTION: Motion made and seconded for passage Passed 12-162 RESOLVE Making an Appropriation for Non-State Funded Debt Service LONGO Allocation for the Bangor School Department as Required by 20- A MRSA Section 15690 2. A ACTION: Motion made and seconded for passage Passed 12-163 RESOLVE Approving School Department Estimates of Revenue from State GALLANT Sources and Budget-Enterprise Fund ACTION: Motion made and seconded for passage Passed 12-164 RESOLVE Making an Appropriation for the Bangor School Department in GRATWICK Excess of the Maximum Spending Target Established by 20-A MRSA Section 15671 A.4 ACTION: Motion made and seconded for passage Passed 12-165 RESOLVE Making an Appropriation for the School District Contribution to BLANCHETTE the Total Cost of Funding Public Education from Kindergarten to Grade 12 as Required by 20-A MRSA Section 15690 1. A-B ACTION: Motion made and seconded for passage Passed Page 4 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 30, 2012 UNFINISHED BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 12-166 RESOLVE Approving School Department Estimates of Revenue from State SPRAGUE Sources and Budget-Special Revenue Fund ACTION: Motion made and seconded for passage Passed 12-167 RESOLVE Making an Appropriation for the Total School Budget for the DURGIN Bangor School Department as Required by 20-A MRSA Section 15690 4.A ACTION: Motion made and seconded for passage Request for Roll Call Vote: 9-0 Councilors Voting Yes: Baldacci, Blanchette, Durgin, Gallant, Gratwick, Longo, Hawes, Sprague, Weston Councilors Voting No: None Passed 12-168 RESOLVE Approving School Department Estimates of Revenue and Budget HAWES - Trust and Agency Fund ACTION: Motion made and seconded for passage Motion made and seconded to amend by substitution of Resolve Amendment Passed Motion made and seconded for passage of Order 12-168 as amended Passed 12-169 RESOLVE Vocational Education Region #4 Appropriation Pursuant to Title BALDACCI 20-A, Chapter 606, 15601-15619, Maine Revised Statutes Annotated ACTION: Motion made and seconded for passage Passed PUBLIC Issuance of the City’s General Obligation Bonds and Notes in DURGIN HEARING: Anticipation Thereof and a Tax Levy Therefore 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 12-170 RESOLVE Authorizing Issuance of the City's General Obligation Bonds DURGIN and Notes in Anticipation Thereof and a Tax Levy Therefore ACTION: Motion made and seconded for passage Passed Page 5 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 30, 2012 NEW BUSINESS ASSIGNED TO ITEM NO. COUNCILOR PUBLIC Special Amusement License for City of Bangor, d/b/a City of GALLANT HEARING: Bangor – Bass Park, 100 Dutton 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 Penobscot Yacht Club, d/b/a GALLANT HEARING: Holiday Inn – Odlin Road, 403 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 PUBLIC Municipal Development Program and Budget for the Bangor HAWES HEARING: Center Development District ACTION: Motion made and seconded to Open the Public Hearing George King urged the Council to support passage. Motion made and seconded to Close the Public Hearing Public Hearing Closed 12-187 ORDER Adopting Municipal Development Program and Financial Plan HAWES for the Bangor Center Development District ACTION: Motion made and seconded for passage Passed PUBLIC Establishment of Implementation Assessments for the Bangor SPRAGUE HEARING: Center Development District 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 12-188 ORDER Bangor Center Development District – Establishment of SPRAGUE Implementation Assessments ACTION: Motion made and seconded for passage Request for Roll Call Vote: 7-2 Councilors Voting Yes: Baldacci, Blanchette, Durgin, Gratwick, Hawes, Sprague, Weston Councilors Voting No: Gallant, Longo Passed Page 6 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 30, 2012 NEW BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 12-189 ORDER Establishing the Amount of the Tax Rate and Overlay for the BLANCHETTE 2013 Fiscal Year for the Bangor Center Development District ACTION: Motion made and seconded for passage Motion Doubted Vote: 8-1 Councilors Voting Yes: Baldacci, Blanchette, Durgin, Gratwick, Longo, Hawes, Sprague, Weston Councilors Voting No: Gallant Passed 12-190 ORDER Authorizing Execution of Contract with Bangor Center LONGO Management Corporation/Downtown Bangor Partnership ACTION: Motion made and seconded for passage Motion Doubted Vote: 8-1 Councilors Voting Yes: Baldacci, Blanchette, Durgin, Gratwick, Longo, Hawes, Sprague, Weston Councilors Voting No: Gallant Passed 12-182 ORDER Authorizing Contract Award in the amount of $714,144.25 to SPRAGUE Hughes Brothers for Godfrey/Maine Avenue Roundabout ACTION: Motion made and seconded for passage Motion Doubted Vote: 8-1 Councilors Voting Yes: Baldacci, Blanchette, Durgin, Gallant, Longo, Hawes, Sprague, Weston Councilors Voting No: Gratwick Passed __________________________________ Lisa J. Goodwin, MMC, City Clerk Page 7