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HomeMy WebLinkAbout1998-02-03 Municipal Operations Committee MinutesMunicipal Operations Committee Meeting Minutes February 3, 1998 Councilors Ateending: Michael Aube, Michael Crowley, Nichi Farnham, James Tyler, John ' Roman, Timothy Woodcock Staff Attending: Edward Barrett, Chief Cammack, Erik Smmpfel, Norm Heitman Others Attending: Various Members of the Public Meeting convened at 5:00 p.m. 1. Council Resolve 98-94 Making an Appropriation of Funds in Enable the Fire Department m Commence Inter-Facillry Transportation Services Effective Marsh I, 1998 This Commitee previously authorized the City Manager, Fire Chief and other stag to prepare Information for the Finance Committee In terms of she cost and revenue associated with this service and also m come back to Nis Committee wish Infarmadon on the plan as On how that would be implemented. Councilor Crowley excused himself from this agenda Item which Is comistent with Me last Commitee meeting and Council Meeting where mit issue was discussed. This poses a potential for a conflict of Interest given the fact that Eastern Maine Healthcare B a purveyor of ambulance seMces. Erik Su mpfel, City Souther, explalned that the Ory Council had previously determined Nat Councilor Crowley has a conflict on this Issue. Councilor Rohman joined the Committee at this time. Chief Cammack explained mat the proposal and plan m start an interfacility transport business were presented m the Municipal Operations Committee. After direction from this Committee, staff developed a budget covering the period from Martlt 1 through June 30, 1998. After the first reading and referral to Committee from the Council, staff went before the Finance Committee and recelved approval from the Committee with the understanding that me Municipal Operations Committee had On approve and men refer bads in the Poll County. Jeff explained matwith the managed ore environment, this is Important m me Fire Department in protect me current revenues and also to allow the Department to enter Inco this market in the future. Ed Barrett explained mat In me last 5 years there has been a dramatic increase In me quality and availability of me Chy's ambulance service to the point where the Department routinely provides paramedic equipped ambulances mat operate out of the three stations and generally on arrive on scene to "at Individuals in mor minutes or less. The number of Calls handled have Increased over Me last four years parially reflecting the changes in me service from approximately 2300 alWyor to 3400 alUyear and me revenues have gone up (in pocket collectlons) from approximately $220,000 m between $300,00 - $350,000. One thing in recognize Is mat the Ory has made a significant contribution in support of me Fire Department and Its ablllry to provide emergency services. That contribution is largely in terms of training of personnel, upgrading the qualifications of me staff who respond, so the City does have a tremendous Investment in the departmenL Emergency response revenue an be dramatically affected by managed are. Ed kels the Flre Department should be looked at as an overall organization. The Fire Departmem's's current year budget is slightly in excess of $5.4 million. After revenues slut are actually received by the Department are deducted, me fire service represent almost 35% of the City's mal :mnichool and non-countyproperty tax levy (of $11 in property taxes Nat come m the Ory, $3.50 of mat amount goes toward the support of me Fire Department). It death h a departmentthat has a long historyof outstanding permrmance. It Is an expemNe operadon m provide the level of seMceand training, not only for me provision of ambulance service, but more directly In cerins of me overall response capabilities of the departmentup all she emergencies handled Much ofwhat has' been done In ambulance service, to Nis polI has been correctly considered as a marginal cost to proNding ba9c fire seMce. Firefighters on -duty who are staffingambulance are primarily responsible for responding in any emergency all which comes In. Bemuse of the Me of Ne community and Me nature of Me Department. Me fact Nat the Ory has worked dramatically at reducing Incidences of fire and other calls, Mere B Me sapabNry of taking MIs on without having had an establish a separate division or bring on additional personnel m handle Nose responses. Given Me emphasis placed on emergency medial services, given the level of mining currently, and given some of Me Incentives built Into the conk[ for the firefighters m upgrade their raining and maintain their skills, Me department will continue to grow and develop In terms of Me emergency apabllitles it provides. Today, More are 15 paramedics with 2 more in training and It is fully anticipated that this will continue m grow and at some point, Me majority of Me fire personnel will have relatively high levels of skill well beyond basic skills. The Ory, regar lessof propoals and regardless of Me structure of the EMS service, must take primary responsibility for front ending this process. The cost associated is always going an be on Me Ory. The extent in which other things an be done with Nese personnel an branch out into other services allows Me Ory an potentially bring In revenue in offset some of these cost. The Ory Manager support be Chiers proposal and recommends that Me Commitee au horke Staff to proceed to Implement this proposal far the next Pour month of this fiscal year - Rick Peale, Paramedic and Director of Capital Ambulance Service, supplied Ne Committee with written dowments Mat summarize the concerns of Capital Ambulance. Capital Ambulance has been operating a NII paramedic ambulance seMce In Bangor since 1989, and while Bangor Fire has one trough their growth period, Capital Ambulance has been available to the Ory of Bangor as well as the surrounding cines and mwm, responding whenever Bangor Fire ailed. They have been very supportive of Bangor Fire as well as Me surrounding communities and they wish an continue with NIs. Mr. Pette Is reduesdn ,bemuse of the potential effect NIs will have on Capital, slut Me Committee able This matter indefinitely and a Committee be formed comprised of Me groups listed In the package given an the Commisme and also representatives from both hospitals, Bangor Fire, Capital and Me community, for the purpose of studying Me delivery of EMS, both emergency and non -emergency, in Me Greater Bangor area and came up wish a proposal Nat makes sense for Me citizens of Bangor. Capital feels Me fiscal note that Chief Cammack attached is unrealistic and probably unsubstantiated. Capital provided figures for Me Committee an consider. A lot of Me growth Bangor Fire has experienced was helped along with support of Capial as well as the fact that a proposal was made by Capital a number of years ago an continue supporting and enter Into a private/publlc partnership with Me Ory. Capital feels this partnership is the bestway to handle NIs Issue, working together m make sure Ne ciduns get rapid response and good paramedic are and would allow Ne Brefighters m remain available an do what Mey are hired an do, which Is m fight fires. One Issue Mr. Peale want m address b the mention in the Bangor Dally News and at the Finance Commitee meeting was whether or not Capital would provide service to people regardless of thelr ability m Day. Capital has always rendered are an Me people who railed regardless of their ability to pay and will continue in do m. The competition Mat is being proposed by Bangor Fire has the potential an dramatically affect Capital and Me J0+ people employed by Capital. Ed Barret aplained that under Capital's proposal, brought forward a number of years ago, the Department would net be in Me transport business, but would retain NII responsibilities for first response. All of Nese cost, which do not change, become marginal cost and Me subsidy disappears. The argument B if there is a $600,000 subsidy involved in the dry being In the ambulance transport business, and If the Department no larger transports but simply does first response, and the budget Is not dramatically affected, why should Me Oty look at ambulance service a a responsibility of tax support subsidy at the most demanding, most expensive, most dlPocult front end of the process, and yet be foreclosed frau pa ldpa ing In a" of the other element of an ambubnce seMce, which an be revenue producing m offsetmme of Mose rax support cost. Mr. Petrie responded Nat one of die key components of the proposal given to the dry by Caput, because of the fact Nat it was recognhed shat the Ory would accept Nose front end cost, was that there be major support from Capital in response for Nose first response aNNtles, where Capital would acidify reimburse Ne City for first response activities as well as undertake a major component of the Gaining and education needs and take the burden off the City. Fd Barren stales Nat It was a revenue neutral proposal, which All, under Caput's framework, main Ams that the C1ry still subsidws the front-end of the process dramatically. Mr. Peale countered that if k Is a revenue neutral proposal, the Cry would have iwNing to lose, it would continue the same way it is now. Ed's argument Is Nat if the City and Capital are going to be Farmers in EMS, Nen both books should be put out and looked at and the costs and revenues should be split, looking at all elements of the service and not solace out the am difficult part of the service, getting to the scene in four minutes and that Bangor Are an not be Involved in any other element of Nat service, which 6 the private provider's responsibility. Mr. Peuie explained that Capital Is Intended in sitting down with We City to come up with a proposal that would make the City and Capital happy. Councilor Aube asked Mr. Peale about the statement made Nat Nis has a "very adverse impact on Capital^. Was there information included In the packet Nat explained the adverse Impact? Mr. Petrie explained that it Is very difficult to determine because Capital wants an break the cycle of putting forth numbers that no one really knows the answers w. He went on N explain that the adverse impact will be determined by how many non -emergency transports Bangor Fire is able to do. Whatever money that Bangor Fire pulls in revenue 6 money Nat Capital loses. In addition, Caput Is completely looked out of the emergency market by the Cry of Bangor, however Bangor wants to move into Capital's area. Councilor Aube asked about the 70 people employed by Capital and if May were all employed in Bangor and service Bangor. Mr. Peale explained Nat the 70 employees provide Services to the Greater Bangor Area. Coundlkr Aube asked if given the Chiefs projeNons, has Capital gone to the level of how many of the 70 people would he adversely Impacted. Mr. Peale explained that all 70 employees would be affected by this to some degree. Councilor Aube again asked what does "adverse impact" mean to Capital? Is it a loss of revenue ($142,000)? Thomas Judge, a Paramedic from Caplial Ambulance addressed the question explaining Out potentially it ends up being a loss of employment of 46 employees. Mr. Judge stated Nat every single dollar Nat shifts will came out of Capitals pocket and Nat adversely affects Yheir ability to deliver services across the board. Ed Barret explained that Mere 6 a proposal put forth an table this item for four months and asked Chief Cammack to comment Chief Cammackexslained that if this is put on hold, the Department would be behind another our months. The playing field is tot even a dials point, and he asked the Committee to try to let the Department even it out by entering Into this business. After the four months of operating at this level, if In fact his projections of revenue and his cast are out of line, then the Issue an be addressed again at Nat time. Councilor Famham asked if the Department's Mission has changed over Ne years. DId Itscartas lust responding to fires? Chief Cammack explained Nat the Department's number ne mission has been saving Ivies whether it is EMS or fire. Councilor Farnham asked Nat as far as a first response, what vehicles are necessary and if the Department has the EMS training people on board, do you necesarlly need Ne equipment In the ambulance too? Chief Cammack elaborated on some of Ne Proposals Nat have been brought forward by Capial and what they would emision Bangor Fire to look like. Capital envisions that Bangor Fire would no longer transport padents or tells In which Bangor Fire responds. Bangor would get Mere in a timely manner, stabilize the patient, package the patient and then wait or Capital to come in and transport. In effect, Bangor would be doing 90% of the work and not getting the pay. Nicht asked if the extra EMS raining that the firefighters have would be necessary if Bangor were just responding to fires and what brought on the extra Gaining. Jeff explained Nat Bangor has been in the EMS business since 1940. The Mission changed with the times, the level of mining Nat Is expected to be performed in the field has changed. Bangor Are has been very forsumte to be able to hire people that come wit Nat training, but on Me offer hand, some people have had m be put through Me tuning Nationally recognized response level for an excellent response is If you an get m Me scene 90% of Ne time within 8 minutes ganger Fire an do Nis because they are soffed to provide Bre suppression sellas and other emergency services. Unless the City takes a step backward, Nen It 6 being suggested m ca em that Ney are on longer going to get Me services that they currently receive. Mc Judge explained Nat for many years Capital provided second, third, fourth and NO ambulances _.for the Ory and provided all Me paramedic service and never heard anything except what a great Job they did, Including Resolves from Me City Council m that effect To suddenly have Ospersions out on whether or not Capital would do this is extremely troubling Capital has never proposed Nat Me Fire Department get out of the EMS business. They don't believe Nat Me Ory or anywhere else an have an effective EMS system wimouta Fire Department Capital believes Mat Bangor Fire should ba paid m do this. If Capizal were going m do me tanspoM they hove m come up with a plan that is revenue neutral m the City and those things have to be contacted out Mr. Judge feels Nat If Bangor Fire and Capital were working together, a managed are company Is not going to be able m come In and overturn that type of combined effort He doesn't believe mat there should be such as sense of urgency and that by tabling this and requiring Bangor Fire and Capital and ower providers to come up wit a comprehensive, integrated long semi plan, It would not set Me Fire Department back at all. Councilor Farnham asked If there Is an agreement already in place about who will respond m what calls? Chief Cammack explained mat Mere is not an agreement as to who will response to what and when. ManoW Can Is going to come in and they will be looking for one -sap shopping. They are going to look to an organtatlon m be able to manage the are of Meir client from A -Z. Caphal has exclusive contacts currently with Fastern Maine Haltom m do Inter -facility. They also have entered Into agreements with organization such as BMHI and Me Maine Veteran's Home. What has been found in We past is net only do Mese organizations all for Inter-faclBry tanspom (rop-cimal patient), they are also ailing Capital for emergency situations beause that 6 the number they have been given to all. What Bangor Fire tears is that if they do not move forward and offer the entire service, it will snowball and get bigger than it comendy 6. If this is tabled, four months have been out to move forward. Charles McCarthy, President of Capital, explained Mat Mey have never aggressively one after Me emergency transport business. This Is at Me most basic level, a public agency going ager private work. Capital Ambulance pays 816,000 a year In taxes and now a public agency is going to come In and make Capital, as a private employer, possibly lay of 4 of it employees. There seems m be a tun factor and Mr. McCarthy Is willing m sit down wit Me Ory be work out a way m work together. Councilor Aube stated that the issue m Me Ory Council, from his perspective, 6 what B Me most service we an provide Me citizens wit respect m safety? The Are Department Is really public safety and Mat 6 the role Mat local government Is Involved in. Simultaneous to MIs, Mere 6 a - apidly-changing healthare policy wit respect be all the players and as to how reimbursement works. The cltlzem of Bangor want to be able be dial 911, have someone be there is four minutes, and although Capital may say in Just a couple more minutes they would be there, Mat 6 still 2 minutes longer. Depending on the nature of mat need by a clMen, 2 minutes is stable amount of One and having Me ability of people in the public safety/Bre faNity be able m do a variety of things, Me dithers are well served. Councilor Aube belleves the dry needs to continue to proceed with this; that we are no longer Jun a Are Dep immenq and that cituem in Bangor an no longer see this Institution as lust a Fire Department, but a variety of public safety Issues to which Oe Ory 6 putting together institutional capacity to be able to deliver. Councilor Aube suggests proceeding with this 45 month trial period, see how It wants, and come back with direct results to make a determination whether It is full cost recovery or marginal cost recovery. Mr. Petrie commented that O6 issue is not 911 or Bangor smpping what they are doing now. They are talking about going into iron -emergency transport They are not against Bangor responding In a rapid method o We dWens. What Capital 6 saying is that there is a better way to do it Nan what Chief Cammack 6 suggesting. Councilor Tyler concurs with Councilor Aube over the remainder of this fiscal year, which ends June 30, would give a test period to develop what this service might be. Councilor Tyler encourages Nat If this measure Is approved, over Ne four month period, either Independently or In conjunNon withe the external auditors, that a cost accounting and revenue accounting methodology Is developed, which Is accepted both in the public and private sectors. Councilor Woodcock feels 06 6 a competition between a private and public entity in an area that 6 quasi -public his an where itis natural Nat Were would be a private entity involved, and it B a so extremely appropriate for the municipality to field an emergency team of its own. His is that there is a general understanding and acceptance by bot the Fire Department and Capital Ambulance Nat this Is precisely the nacre of the area. It 6 an area In which you have complimentary public and private enterprises operating. Given tat this 6 Oe case, there will always he situations in which there Is some friction. The Council lacks complete expertise over areas like OIs, and on some extent they are necessarily dependent upon recommendations received. In light of Oe comments heard from Councilor Aube and Tyler, Councilor Woodcock, if sitting on this Committee, would be Inclined to support the positions taken by Councilor Aube and Ne recommendations given by Councilor Tyler Oat 06 be given a vial run. Mr. McCarthy wanted o make it dear, on his employees behalf, that he Is strongly opposed to this Proposal. Councilor Tyler moved for recommendation in the full Council for Passage of this order with the understanding Oat a mechanism be established by which the Committee an correctly gauge the cost and revenue stream associated with this activity. Councilor Farnham seconded. Motion passed (2-1). 2. Display In Ory Hall Rod Rodrigues is a local businessman and resident who has been involved In a number of projects around own, most recently some of Oe exchange efforts with various citizens of Russia. He has a great interest in phoogaphy and Oe hisory of the community. He has been documenting We old Bangor -Brewer bridge and Its demolition, and has worked with Brewer and Bangor on try to put something In place that will be a permanent reminder of the bridge. Mr. Rodrigues would like on have a display in Ory Hall of some of Ne Phoogaphs of the bridge. It Is not known exaNy when he would like to do this, but the Ory Manager wanted to bring this before the Committee for permission, which Is required under the policy for displays In Ory Hall. Permission approved. 3. Adult Entertainment Regulations The City Solicitor explained that there are businesses in Bangor, one which has opened recently, that offer nude dances and other nude alts for entertainment There are currently a number of regulation In this area. One is Oe special amusement ordinance which prohibits any establishment Oat has a liquor license for on premises sale from having any sort of nude activity on Ne premises. The two businesses Nat are currently located In Bangor do not have a liquor license, w they are not In violation of that provision. There is another ordinance which prohibits nude dances In closed areas of commercial establishments and another one which prohiMts mid sexual contact, which was an Issue In 1996. The Cary Councll asked Me City Solicitor to draft some proposed ordinances which would father regulate these types of businesses. Some of Me concerns that the County expressed Individually are concerns about the age of the patrons and employees. Concerns about location of these particular businesses and possible restrictions on location, and concerns about how the businessitself B actually conducted. Erik aUmpmd w address Mese In Mme different ordinances. There Is a one page amendment in the current ordinance on commercial displays of nudity (the ordinance which prohibits back room nude dancing) which would Increase the range of fines from $10$100 to $100$1000. When this ordinance was originally adopted, it was in response m some Individuals who had approach Me City at the staff level and asked if Me dry bad any position on location of a peep show in Me Goy. The Council responded by passing an ordinance which prohibited Mat sort of business and induced a prohibition on live displays of nudity in back rooms. In practice, Me ordinances turned out m be applied m esablBhments Mat offer live nudity. When there is a violation of Me ordinance, it tends to be a single violation which Is prosecuted Individually and could be regarded as more serious Man Me peep show operation. That is Me reason for Me recommendation Mat Me fines increase. The next ordinance Is a general regulation of businesses Mat offer rocky as part of their entertainment. There are a number of legislative findings which are provided and definitions which primarily repeat definitions that occur in Me existing ordinances. There are a couple of areas Mac Me ordinance would regulate. One is an approval process and some location restrictions. Currently, under Maine law, you can not have an establishment licensed to sell alcohol located within 300 feet of a church, school, or various other uses set out In Me Sate Liquor Licensing Statute. Ina similar fashion, Me dry of Pordand, which has an ordinanceregulating these types of businesses, has a proximity requirement that you an't locate within 1000 feet of those types of locations. The proximity requirement here would require Mata new business of MIs type locating In the City of Bangor not be located within 300 feet of any church, chapel, parish house, public or private school, school dormitory, Juvenile shelter or orphanage in existence as of Me application date. This Is one set of locations where you an Impose proximity requirements. Also, as an alternative or as an additional restriction, within 300 feet of any establishment licensed in serve alcohol or to sell alcohol or within 300 feet of each other. This is fairly typical requirement in municipalities that have chosen to regulate the location of these businesses. There is also a provision Mat is left blank that would limit the zoning districts where these businesses could locate. There are some limitations on Me Lupe of structure which could house one of Mese businesses, which includes Structures which conaln residential apartments or units. With respect to Me location restrictions, Mere lea grand fathering provision which would allow the existing businesses that might not otherwise qualify for an ocNpansy certlflate to remain at their existing location for a period of time. In this draft ordinance, that period B 5 years. This would allow Mem m amortize their Investment at Mat existing bation. After Mat time has Mired, they would be required to find a new locution which would comply with the ordinance. The other requirements Mat are set out In this proposed ordinance would apply to existing businesses as well as new businesses. Those include restriNons on how the businesses are conduced. • No one under Me age of 18 may be employed In such businesses. To Insure compliance with that provision, It would require the operators of those businesses to provide a list of their employees m Me Police Chief and m maintain that list current. • Restrict admission to persons who are over Me age of 18. No alcohol be served. • Prohibit any direct payment from a patron or customer to any dancer or performer participants; In am sort of nude entertainment. No physical contact would be permitted between dancers/perfomlers and patrons/asmm¢rs ash would require Nat Nose acthdties be separated by at least 5 feet From any cusromer on Me prenMes. • If garments are removed during an act, they can but be thrown or tossed to the customers. • Anyone providing this Bunn of entertainment an not engage in any sexual act or sexual contact or any endo-masochbt abuse. • An hours mention would also be added There is an exception for theahial productions. A general prohibition on nude entertainment of any form raises First amendment concems became Mere are forms in which nude entertainment may be expressive conduct that Is protected under Ne First amendment The courts In Maine and elsewhere have said very dearly that commercial exploitation of sex B not something that is protected under the first amendment so Mat If thh Is regulated or prohlbited, you must have Ne ordinance based very directly on Mat and not on nudity in general. This exception only includes me permute and latadon requirements. Another ordinance k Intended to allow Me City an ability to enforce alsdng law in Me areas of prostitution, and for Me purpose of mis ordinance, various drug offenses In a typical prosdtudon on, Me person who Is subject to prosecution are Me barred who were engaged in me act of prosdmdon itself and those prosecutors often do not reach me people really profiting from me actiWty. This ordinance amendment would be an amendment to me land development code and would specify Mat monomer, promoting montudon, and drug offenses, are not permitted land uses In Me City of Bangor, which means those acts, If they are committed or allowed an be committed by someone in control of Me premises in the Ory of Bangor, would be Nolauons of our land development code and could be prosecuted as land use Noladons. That would allow Me Ory to reach landlords, business owners, and property owners who allow Illegal activides to occur. Erik emphasized Mat all of Me regulatory; are aimed at preventing Wslnesses of has We from crossing the line over limb illegal activities. There is anomer policy, Issue for Me City Council as to whether m permit mese types of businesses at all or an regulate them in a different famlon then proposed In Meseortinances These ordinances are not an attempt to shutdown Mese businesses altogether, they are an attempt m regulate them and provide Me Ory with some Tools w regulate Mem so that Me uses Mat are going on remain legal. Councilor Rohman asked! if Me 1000 foot Maurice Mat Me Ory of Portland has in effect has been tested? Erik explained that yes, Mat distance B taken from a leading Supreme Court Case on this Issue. Councilor Rohman asked if Me 300 feet proposed for Me Qty could be expanded to 1000. Erik stated Mat Mere Is ase law in support of this. Regarding the business of the land ordinance Issue, in recognhing what this Is trying m do, how does MIs come inm play when someone is renting property from someone and Mere is prostitution taking place within Mat property and Me person Mat is the landlord has no idea that this is going on. Erik stated that the City could go after the landlord only if We landlord has reason an know Mat it is occurring. Councilor Woodcock noted me language in the Portland Ordinance with regard to Me 1000 feet "the proximity requirement of me 1000 feet from the principal entrance... and Me memod of measurement is from the main entrance". Is there some prohibition against broadening MIs measurement requirement to Include any regularly used enhance? Erik stated he did not mink so. He has no seen anything specifically Mat would address this. Countlbr Rohman asked why "property line" was not used as opposed m an entrance to a building? Erik mid they would revisit mat Issue and do some further research on It Bran Flynn, Manager of Administration at Bangor Hydro, explained Mat employees at Bangor Hydro have had some very direct first hand experience with one of We businesses. Since November, when Diva's opened on Store Street Mere has been Increasing problems associated wide encumbrances on Bangor Hydro's property in the form of using Me property for parkin& a place to consume alcohol, public urination, and some conhontadon in Me parking lot Bangor Hydro runs as 24 hour customer service operation. It reached a point In December where Mere was an outage situation and people ardving W work In the all center did not have a place to pah In Me parking lot A security firm was hired to slt In Me parking lot at nightand $3,00) +/- has been spent since fie middle of December. There Is an Impact to having MIs estmdlshment, without parking, existing in Me downtown area. Itis very Innmldatng for Mose changing shifts in the middle of the night m find someone urinating on vehicles and consuming alcohol. Mr. Flynn does feel Me Ury Is going In Me right direction by trying to enforce more restrictions. It has Impacted Bangor Hydro financially and Were are problems wish employees hying to get in and out of the building to do Meir lob. Councilor Woodcock expressed his appreciation to Mr. Flynn for attending Me meeting and giving Insight on what Me neighbors are experiencing. Tim asked Mr. Flynn m elaborate on Me coniromatlons Mat took place. Tim also asked Mr. Flynn m clarify his position wit Bangor Hydro. Mr. Flynn's position B Manager of Administrator, which includes she facility and parking Ion. When individuals have problems In any of Mese areas, they are brought to Mr. Flynn's attention. Tim explained Mat he asked for this darlficatlon because although he understand Mr. Flynn Is drawing a distinction between those things Mat he has wlmessed first hand and Mose things that have been Teamed second hand, because those second hand reports have mine to Mr. Flynn In the ordinary mune of what he dont for Bangor Hydro and are part of what he does to develop Policy in response to iq those are also appropriate for Me Council to hear. Mr. Flynn explained Mat he has had confrontations when frying to get individuals to move Meir automobiles. Pawns of Diva's are asked not to park mere and sometimes May an nroperadve and sometimes Mey am non. Other Incidences include fight; in Me parking lot and urination on ars. Mr. Flynn has also witnessed a few situations Including drinking and inappropriate aNvlto on a public way. There Is also the Issue of paying for security to stand In Me parking lot Councimr Wmdmax asked Mr. Flynn whether hiring Me security Am has eliminated Me complains From employees. Mr. Flynn responded that when Me security person Is on duty Mere have been no problems. The security firm is Mere 3-4 night per week. Tim asked if the financial burden on Bangor Hydro to retain me semriry firm to protect In employees Is one Mat Me Hydro an not bear indefinkely. Mr. Flynn felt Mat they should not be put in a position where Bangor Hydro has to do that Councilor Aube commenced Mat Me intent of this meeting is to get some information to Me Council and felt mat Erik did a good bb of providing three opponunites for changes/addidons In the ordinances. The next step would be to further develop those as draft ordinances for consideration by Me whole Council. Councilor Crowley asked If crow was the time to make Me change In distance. Erik Smmpfel explained that his Intention in drafting Mese was not to protide the Council with Me answer but to Mgger discussion. He feels Mat Me Committee and Council need to develop their own Minking about what the policy concern are and how to best address Mem. Erik feels it is moving along faster than what he is comfortable with and his recommendation would be Mat As come back to Me Committee at Me next meeting prior to receiving first reading so that Me Commlmee can suggest Manges at Mat time. Councilor Aube's thought was to begin with Me Am reading with referral back m Committee. The Committee, through its process, an begin m amend and look at me structured Items in that light and go back to the full Crunch when Mey are Prepared to. Councilor Crowley recommends changing the distance m 1000 feet and agrees Mat It An to first reading. Other Comments Deborah Pinette Greenwood (Owner of Debs) Ms. Greenwood commented Mat she felt the City Solicitor's presentation was very good and fie does feel Mat the dance business needs to be regulated. After listening m everything mat has been said, Ms. Greenwood doesn't feel it will hurt her business at all. She does a thorough check on all employees and works with the Police Department. She explained Nat she rum a very dean, legitimate business and thinks all the businesses that are coming In should be regulated. Councilor Woodcock added that given that this agoing to require further Committee consideration, the Committee may want to look at a hierarchy of violations and now that there is a suggestion that has a mandatory minimum penalty after a conaln number of violations are found requiring, father than having it he disaetionary, that a license be suspended. The way the proposed ordinance Is written would be discretionary with Ne Code Enforcement Officer. Given Ne nature of the activity and the potential for trouble, he would be more inclined to support a very limited level of tolerance before there 6 an automatic suspension and put this out for discussion and consideration of this at the next meeting Councilor Tyler contains with the City Solicitor on this. Issues like this are somewhat structural with respect to how the ordinance is written. He 6 not sure that going thmugh the first reading pmcm would gain that much because there will probably beat least one more discussion of substance at the next Committee meeting and thatwill require coming of onguage and that language will have m be reviewed by the Committee again. Councilor Tyler encouraged the Committee to bring this back In two weeks and perhaps give guidance to the Solicitor as as some specific things Nat he on work out between now and then. Councilor Aube recommends proceeding with a specific workshop session of this Committee. Committee approves this recommendation. WIN iro Further Items to discuss, the meeting adjourned at 6:45 pm City Connell Workshop Residential picketing Ordinance 2_}9a Erik Smmpfel explained that Use City hos gone through an appeal at the Superior Court level with regard to the Picketing Ordinance. The court determined that the ordinance, as cvrrentiy drafted, does not meet legal requirements. The court invalidated a 300 fool come that the oaten ordinance containshi which targeted residential pickets are prolubited. The City Council bas several options at Nis Point. One is to repeal Use existing ordinance and to decide that the City will not regulate in thisarea. The other optionisw aramilt to amendfie ordinance sothat it comesintocompkance with Justice Kravchuk's recent court decision. Erik informed the Council that rhe US Supreme Court, in 1988, said that municipalities may prohibit pickers that are targeting an individual in their owinsidence. The problem has been mimplementingthat decision. Avaretyofordminceshave been reviewed in the courts with sometimes conflicting results The300footwmthatthe Cityof Baoper adopted wasupheld as constitutional in San lose, yet in a later case, the federal court struck down a MO foot some as constitutionally over broad. Courtshave also gomback and forth auto the amount of specificity you have to provide in your ordinance. Basically Dere ane two decisions which provide guidance. Oca is fusion Kravclwk's decision, which involves an ordinance in tle City ofClyde, Iowa, which Erik hos placed before the Council as well. In addition, there is bar. Whiting's Inner, which doesn't provide ted tat ofthe fug ordnance, but does provide his views as to what such an ordivavce should contain if Council chose m amend the current indicates. Erik also rates that Here is a record for those Councilors who were not on the Council at the time of the hearings that were conducted in cmmation with the lest Council action on this ordinance. It is a 3 -volume set, which Erikhas end is available to any Councilor who wishes to review it. Thebasiciniicyissuefor the Council is does the City of Bangor wish to prohibit the tactic of targeting people in their own homesmam ofderno admorprotenind CigO. Rso,whatregulationofthatactivitydoes the Council determine to benecessary to prevent peoplefrombehng the targets ofpickets in their own homes. There is a draft ordinance which is a revision of the current ordinance, which Erik believes complieswiNJusticeKmvchuk's decision. This isone altemativeiftheCouncil wishesto continue regulating in fids area. Erik pointed out that there is one area that is still open for discussion. The revised City ordinance would reduce the mase in which targeted pickets would be prohibited to the ares in from of the residence and 100 feet on either side. That is a number the Council may wish to take a look m. 300 fed is not acceptable to Justice Krsvchuk. 100 feet may pass because it is representative of the typical group of a typical house in the City of Bangor and the Clyve, Iowa ordinance, which was upheld, established a 3 -Muse sone consisting of the mrgeted residence and can house par either aide. Erik does not recommend using a higher number than 100 feet. Another issue that needs to be addressed is the fect that in the City of Clyve ordinmce expressly allowed picketers to conduct their pickets on the opposite side of die street from the house. Bangor's ordinance does and. That seemed to be a WgrWiceN distinction for the court if you as being perfeetly safe, as Mr. Whiting points out, you would include a similar provision in any ordinance that is adopted. That is not in the draft that Erik prepared for Council. Councilor Woodcock constricted dot of the four Councilors attending the workshop, Councilor Tyler and himselfware MN on the Council when the ordnance was enacted and notes that three volumes of testimony are objective evidence of the complexity of the issue. What Council was attempting to do was to balance two competing interests, the tight to free speech against the right to ptiva in ones home. Timnotes that Mr.Whhi%represents the perspective ofthose who would picket and W. Worried represents the interests ofthose who would be opposed to being picketed. Terry Hughes (Oram Resident): Mr. Hughes explained that he was one of two people that were summoned into court for violating the ordinance that was declared uncrosfitutional. hir. Hughes codunerded Wad those who have goes into the neighborhoods with then pro-life messages have rover picketed any one individual Any reasonable definition of picket is that you spend more that in front of one residence then you do any other residence in the neighborhood. Even after the ordinance was declined unconstitutional, they did est picket in fiont of individual residences. Their intended is on educate the people at Bangor, in residential ant commercial areas, about the horror of abortion and to identify those who profit from the killing and the politicians who support it hfr. Hughes commented that they have spent no amount of time in from of any one house on any of the blocks than they did any other house. It was a neighborhood -wide educational activity, as it has always been. Nothing is forced on anyone and that is what the group will continue ba do, an maser what kind on ordinance is passed. They will net it back and allow the City Council to rule parts of the public road sites and sidewalks in Reagan. heir Hughes concentrated that two of the group lost thein jobs because of this activity. Not because their employers objected to what Wry were doing, but because what they were doing got into the pages of the newspaper and customers would mine into the businesses and want to know why they bad these criminals as the payroll The distioction betwmnbeingsummomdandarestedwa mmade Tbey MAWehjobsbecausetheydefendedthe Constitution against the City Council. Erik Stumpage explained to Mr. Hughes that Mr. Whiting sent a letter that suggests an ordinance which he says would pass constitutional muster and also atates that he has sun it by the President of the Msum Civil Liberties Union and that the President else states it would pass constitutional muster. Erik asked Mr. Hughes if he is telling the Council that if the City adopts that ordinance that he and his attorney ere going to fdea civil sights suit against the City of Bangor and are going to violate that ordinance for the propose affecting it in the occurs? Mr. Hngbes expanded m, that ordinance would a llowthemtowalkby, ontheopposite sideofthestrya, and tee Wm right of way. Theydonothave In go on the side of the strex where growers fives that is named on one of their signs. They do not ward in have road blacks placed th their way by the City Council. Ifthe ordinance allows them to pass by these residences on the opposite side of the atrent, there will be no problems and they would rat be lingering there. Councilor Woodcock commanded that the standard that the City Council is held to in legislating in this area is that they legislate rrespenive of the character of the issue. The ordimvce must be applicable to all situations, all issues, ag times and it moat be issue -neutral otherwise it will be constitutionally Must. The experiencethat the Council bas had with the ordinance, to data, is that it is difficult on legislate in the area where free speech is at issue. The Council understands this and remains aware that it was intendedto be diBcult m legislate ni tits issue. Itis also something that the Council nmst and does recognize and that is that they are not dealing with a single constitutional right, but with an intersection ofconstimtio al rights. Akhough the right to pm0aeY is not specifically listed in the Bill of Eights, it has been recognized by implication for more than a county. This is where the difficulty lies. Councilor Woodcock asked if there is any Council discussion on the proposals made by Solicitor Stumpfel and by the suggestions made by Mr. Worden and Mr. Whiting? Councilor Tyler asked the City Solicitor if the draft provided does or does not incorporate the warrants ofMr. WhidW Ends stated that no, this was prepared prior to receiving Mr. Whiting's letter. What the draft revision of the ordinance would do is to revise definitions in the ordinance to comply with Justice I vchuk's decision. The 300 foot sees in die current ordinance would be reduced to 100 feet There was testimony, atthe poor herrings from the pro -choice people. that 100 feet was adequate to protect the privacy interests that ware a concern to them hfr. Whiting's commands suggest that the City's ordnance be limited to prohibition of targeted pickets directly in front of the targeted reactance ce and you could prescribe a 25 foot zone on either side of the targeted residence. These suggestions have mot been imcotported. Erik asked that the Counc ] [Mugs about the 100 foot distance. He is not sure that this number will pass muster. Erik feels that minimum figure the Council should be contemplating is 50 feet and the madmum at 100 fea. Councilor Eobman e m is med that same most of the City meet right ofways are no more than 50 feet wide, how does the 100 foot distance come into play with across the mea picketing since this is probably less than 100 fen? Erik answered that notwithstanding a sere ofwhanwer distance prescribed, picketing would be allowed on the opposite side of the street Coancilcouldchometo leave the ordinance silent on that issue and then if there were a 50 foot was and the street was Q feet, the inference would be dut picketing was not allowed opposite. Councilor Tyler is comfortable with 100 feat but a Huge consaned with the issue of across the meet. The draft does net address "across the sheet". Tse would like to satisfy the intent of what the Counal, as a L4sladve body, wanted to do initially. The suggestion is to reduce the zone to 100 fee[ and enable the'u8ormetional activity across the meet from the targeted residence, than perhaps this will be something that will pass muster in the courts. Councilor Woodcock explained that [lice workshop was a prei'vuvary information gathering Process. The next step would be to refer it for fust reading at which point it would still go through the Consultee process, additional testimony would be accepted and amendments could be made. Councilor Tyler suggests that the City Solicitor draftan ordinance for fust reading. Hewoudlllo to see a draft ordinance that not only incorporates the language that the City Solicitor has placed before Council in the draft but also incorporate permissive language with respect to "across the meet'. Councilor Aube asked if any situation, in my neighborhood where picketing cakes place which could be perceived by someone as targeted picketing, could ask for enforcement and result in a case that would determine whether or not it was targeted picketing. Erik responded that if there were complaint, the officers would have to determine that it was targeted and they would have to issue a structures and the City would have to make the decision whether to go forward with the presentation in that case and the court would have to make a decision if the conducted was targeed picketing Mr. Hughes tormented that ordivmces that leave too much disuetion in the hands of than enforcing it can also run into constitutional problems, because you con have an officer with a controversial issue or a pesonal bias who would make a decision whether to issue a sarnmons based on that and that is the kind of thing that can be hard to establish in court and therefore be grounds to an* the ordinance. Mr. Hughes feels That the Maine Civil Liberties Union would want w retain the right for pickets that would be more stationary on the opposite side of the street of some residence. His feels they would be aware of cases where they would want Ne cheers to have that freedom. Erik commented than Here is case law which says if you give unguided discretion to enforcement offices then that can be a problem and those caves have came out in contest of these typesofprotests. That is why the definition of targeted in the existing ordinance cmrams specific "amples'bar are mended to guide law enforcement officers; in the enforcement of the audience. That is in response N case law in the federal awash on this issue and that is one of the basis on which the courts remain to declare the ordinance in be uncortitutioml. Councilor Woodcock asked the Committee N the gwdance thin Councilor Tyler provided is acceptable. Coucil"Rohmr asked Erik ifm Ne ordinance, as drafted, was there anything in there about continuous movement. Is the issue annealing across the street or standing outside the 100 foot range addressed in flue draft as opposed to waUdng7 Erik esplaamd that the revised definition of picket would be one or mare persons stmiomd, assembled, gathered, standing, marching, dmmonstmdng or patrolling outside of residence or dwelling while displaying infommtion through some medium. 'Residence or dwelling while displaying information through some medium' is a quote from Justice Kmvchuk. On the issue of continuous marching, you can not probibit general mardung through a residential neighborhood. If someone has a march or demonsumion which goes the entire length of a City street and back down again, it can tat be prevented from happening. This ordineruce does rem do this. The ordinance makes neaception to specifically recognize that even demonws mar which urges an individual is allowed order this ordinance to pass by that individuals home at least twice. Erik attempted to address the case law on that issue in the prior nonhuman and then point was tat one which was raised in the recent appeals. The Committee recomruended this go to that reading and will he referred to Municipal Operations for discussion and the back to the Council.