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HomeMy WebLinkAbout1998-04-07 Municipal Operations Committee MinutesMunicipal Operations Conanine, Meeting Mines Aprd T, 1998 Councilors Attending: Michael Aube, Michael Crowley Ncle Farnham, Tim Tyler, Tim Woodcock Staff eraing: U Barrett, Dale Thartauit Others Attending: Sohn Browning, Ciblon Beringer, Roaame Saucier 1. Refurbishing ofPaul Burma Statue John Browning Marketing Chairperson for the Paul Bunyna Festival Days explained to the Committeethe this year the Bangor Convention and Visitor's Bureau will be the official sponsor of this event. Leat year a conanioment was wade to the City thin they would raise finds to ref bish Paul Bunyan. Mr. Browning has spoken to Nomma Martin, the designer of the Paul Buoym Sonata and Ken Brooks, a local artisS who would like to do this job. They have agreed to do this for $2,50D. The Conunittce would like to do fmdreiser in the surrounding oommuntty. Mr. Brooks has designed a sign and the Committee would like petmission to put the sign up is front ofthe statue for the time that the fmdmiser is going on. The Committee hate received $500 in commimnmts@om people that would litre to contribute. Mr. Browning feels it will only take approximately 6 weeks to raise the funds. B will take 45 days to complete the refflushing. They will also needtheuseofa Citynockforsandingtheamore. hishopefulwhavetheworkdonein time for tourist season. Bangor Beautiful is going before their committee to get approval for landscaping around the mine. This is not a commitment yet, but is being worked on. If approved, them will be a media day and the Council will he invited for the kick off. At the time that the project is finished rhe Committee will officially hand the statue back to the City of Bangor. The haus was raised as to whether or not the Bangor Convention and Visitor's Bureau is a independent, separate, non-profit organization- On Monday, a policy will possibly be adopted on fimdmising. Acopy of the policy will be given W the Bangor Convention and Visitor's Bureau. Councilor Crowley added the he had an opportunity to work with Johv on the fust POW Bunyan Days and thanked John for his hard work and also for the cooperation that Dale and Parks and Rm provided for all the activities encouraging organizations to get involved. He reaomreends that the City provide them with equipment said the necessary Parnassian and permits that they need in order to do tIris project. Commies approved recommendation. 2. Ba]uest by USS Maim Command Committee- Use of Davenport Park for Temporary Budding Dale Thaisult isfAmned that the request is to put a building that is currently down on the waterfront in Davenport Pak with electricity coming to it. Dale has looked at the budding and it is in good shape. The Centennial Committee will paint and fix up the building. They will use the building to provide information, education presentations and sale offuvdreising memorabilia to add to the maintenance fund to take care of the mamment and park. Councilor Aube asked ffthe facility would be staffed. Mr. Deringa eWlained it would be staffed during the day. Mr. Domager believes the equipment could be detailed to move the building Couoolm Tyler asked Chief Harriman if he were comfortable with this. Chef Hamilton feels given the location, it will be very visible to either police officers or the general public sa there will be less chance of people breaking U Couucimr Woodcock feels the this City awes a vast deal of grounds to Ckif Dainger and the volmaeer efforts of this group. The memombillia developed to wmmemomte this event is very nice and it would be a grceaz opportunity for people visiting the !idly restored monument to pickup something hue. Approved. 3, Public Notification of Convicted Sea Offenders Chief Harriman explained to the Committee that he was looting for guidance on what the policy of the Police Department could he in reference to notification to the public of sex offenders. Stam Statute currently Aims the dissemination mfany conviction data. The difference between the sewed offender registry and normal conviction data is that the sex offender registry allows the Police Department or release the address of &a pan= as well as the normal information and es the name, conviction, picture, etc. According to the Attorney Genael's Office, any type ofnotification is demoed lawfid and they could not think of my manna in which notlficatlon would not be lawful. The criminal manna is when the Pohce Department gets notified of sex offender living in the community, if it comes with a warning from the Department ofComecti=s that this person is deemed to be dangerom, the Pohce Department will notify the mghbom. In addition to that, wybndywhow tsto,inthe CityofBangor,c=goinandlookmtheliarofsex oBenders in the City of Burger who are required to register. N addition to that, ff someone warted m look at conviction by any sex offender, whether they were required to register or not, that infrmeati=would be released (name, description, but no whines). In the last few months, there have been more requests 6om people about how this infommtion should be released. Randy has received requests&am Old Town and Orono, people who live in those aces. Man individual lives on the town Ware m Orono and registered sex offender moves in next door, they would rent be notified by Burger. The eurentmleisthatoalytbe oundinghousesmeno0ed. Mostpeapdefesithettbe whole City needs to be notified and ifthis were done door to door, the cost would be $21,000 and15 people working 5 days to complete the task Anothaproblem with the notification at the Police Station, a person can go down and check and find that there is= offender in their area, but the notice could go to the Police Department the very near day. In looking at haw, the Police Department could provide this information to the public in a mmmerthm was readily accessible, the idea ofthe lntsmrt came to nand. There are a lot ofpeople who have access to the Internat. People also have access through the schools and the library. Randy discovered that there are four other stmes that currently have websites. He also found that two other states have an automated telephone system that an individual can call into and gm the information by using the touchtone features, which gives a lot more access to the public. The Department has me capability of doing both these features. Given that staff is looking for away to make the information readily available to the Pubfi4 the question becomes what level of notification do we feel is appropriate to let everyone know not omdy in Bangor but possibly the surrounding area and what information exactly is wand to release? Randy made a recommendation of name, description and the crime the person committed. In looking m some other websites and talking with other people, Randy suggests also adding the armed the person fives, not naessarily the strep woman because there is concern about harassment and thremenall, At the some time, those people who five on that strew are going to have a good idea of who the person is. Another onion is pictures. Councilor Aube asked Chief Hamman how long does the mate provide notification to the municipality? Chief Harriman answered 15 years for reporting where they five. The Police Depanmpt can release that information forever on the conviction. After the 15 years the City would no longer be notified by the state, but if the City chooses, the information can stay on the hounm. What Randy intended to do was to just keep the individuals on that are required to report coder the sex offender registry and put those on who we not required w report bin who me on parole or probation and who the corrections department fees is a risk to the community. Randy explained that the reason this is such a topic across the country is because this particular group of oft'enders hes One of the highest repeating rtes of any mime and there have been estimates between 60 and 8o%of0 offenders will repent [hear crime and this is an attempt to let the public know that there is better then a 50°/u chance that there win be another victim. Councilor Aube asked ifthe Onto provides the information on offenders on an actual basis? Randy Wlained that they only have to upon when they change their residence. Councilor Aube asked how would the City be notified if they no longer lived in the community. Randy answered a letter is mailed to the Police Department saying they re longer lived in the community. Every 3 months the State Department of Corrections prints a list that the Chief receives which fists every offender in the state. The Some Barnum of Identification is required to maintain this infinmention and mtfy the howl municipality whenever a convicted sex offender sugared to register moves to that municipality. What Randy would like is the state to take over this responsibility, Councilor Woodcock asked if other communities have a written policy and if Bangor has Nem as well. Randy explained that Bangor doesn't but some websites will indicate what their policy is. a explained that one of the difficulties with this issue is that the Rate law bas been in affect for 1 year and during that period of time the Attorney General's office has been indicating that they were working on some act ofguidelines for cormnurdties m use and have raver quite come forth with them. Randy commented that they have come up with a fuller description ofwhat the law is but they haven't come up with a specific reporting method. Wayne Foote: The Maine law provides immunity for law enforcement agencies that put &a information out and notify the public. 1 think: 4 is clear to now that the statute only provides that immunity for the law enforcement agency and apparently not the muncipality in general so that any distribution should he by the Police Department and nm delegated m some other organization. Another concern that l have, and I've given some thought to the web page aspects and looked at w emet law somewhat, and there is a developing area of law anthe Internet that suggests you can be hailed into court anywhere that hffomation is available, which menus mrywhere in the world. It doesn't monjust in the State ofMame or mthe United Rates or in Cmmda. It is scan in the United States federal courts holding trials for things that happen in other countries, involving citizens of other countries and the possibility exists that the City could be there and that may suggest more in the area of telephone, where the people have to came to you to actually come to you physically to get that information and make their contract with the gate of Maine. Ifymu are going w give notification don't rely on jug electronics, Ad] think about notifying the neighbors. Councilor Woodcock asked Mr. Foote ifhe has seen City policy or departmental guidelines for these. Mr. Foote commented that he hadn't. Randy Hamman commmaed that he fans that the phone is a good way to W as a A but the disadvam[age of the phone is that you will not get a picture and you will not be able to print it out You will have to write down anything that you want to get off Nat system, but if the phone system is in place and people went more information, they, resold go to the Police Department and get a printout. Councilor Woodcock askzd ifwhan the neighbors me notified are they given the Rreet address? Randy commented that right now they do. Randy f els Nat the Police Department needs to do a level of notification greater than what is done right now, and his suggestion was to go with the haeme[ btu would be comfortable with anything hers than that What level ofinformagon would the Council feel comfortable with and is it limited to the sex offender registry or are those people who are on parole that the Department of Corrections feels are a level 1 threat included also9 Councilor Crowley commented them he fell the City should try to put together a policy or strategy, that is comprehensive, then involves the web, maintain one-onrone contact with community members in the neighborhood and perhaps implarnam the phone or another access, but the plan should be comprehensive to protect the people that are most vulnerable; the potential victims. Randy explained that ifthere are concems about the web, they could put the phone number on the web and nate then Tsomeone whole to know recently who is on the list, give the phone number to call sed how to access it. Councilor Woodcock asked what was the distinction between the gross earned misconduct oonviction with a person under the age of 16 send a level one threat? Randy explained that the threat is what is the likelihood that the person is going to re- ofiad. Randy explained that if this infomation was released about people other than those required to register under the Sex Offender Registry Act, the City would be entirely out from under the protections of the Megan's Law, but title 16 does allow law announcement agencies to release that information at their discretion. Commilor Aube recommended that Randy put together a policy, a comprehensive package as to what =city will be done, how will be maintained and when are the different media that would be used. Councilor Woodcock rummaged that during the Rate budget cutting ua there was a Inge amount of therapy programs for people who had committed this kind ofodense and the debate at the time was that by defunding the program, it was increasing the likelihood of repeaters and asked whether Randy knew where the reinsfimtion of that therapy is in the sate funding mechanism and whether the Council should consular sending it back to Augusta a request to rename funding The Committee recommends that Randy put together the Whey and bring it back to the Municipal Operations Committee. 4. DisconinumcecfNewcomb Road Lou RingexplamM that Newcomb Road is an old road that has never been maimained as a road. Tbereis arequest Rom property abutters that the City take action. Tina involves ratification from the City Engineering to get authorization from the Council to hold a public hearing. The order will appear m the next Council meeting, which would be the feat action on this issue. 5. Adult Entertaimnent Ed Burrett: Jug a few things W go over, and agahn, as I acted earlier, Erik came down with the flu today and did go Mme so we probably can't do everything. I firs[ wanted to go over the summary, which is on page 45 of the discussion we bad last week, just to make sure that we have it aavmixly depicted. Item# on zoning ratriaiona we talked] about potential permitting adult mmrtaimment operations in any commatial zone provided the business meets off-street puking requ remets, rmrdmum buffer requirements for the shoppivgtpersound Advice district and is not located within 500 fat ofany residential zoning district. We have on the map in red the areas that would be permitted under zoning under those criteria. The solid red is the area where it would be permitted. The crosshatched yellow and red represents the 500 moback an basically you me looking a effectively the mall area, downtown and the waterfront, outer Odliv Road mea, a se econ of Union Street and Broadway Shopping Curter. This map does not take into account any other setback requirements Gom churches, schools, are. We have nor gone that other step yet. We wanted to run this pest you first Isuspect if we go that additional AT that portions of this will be further cm back. On measuring distance we talked about the 500' limit from any, I think Erik bad a little bit die2rmt word, any regularly used entrance Grandfathering. Erik is looking a this issue. I don't believe he has yet gotten arrything back to us on that. Age of Employees: We agreed the Committees consensus seamed to be certainly the ISYeartimit. 18yeamoldurolder. Requirement to document on site. Theewas some discussion about rrequaivg notification to Police Depsrmemm of new employees or contract employees. I don't know if that is sometbing you want to include in the draft or not. Hours of Operation: We went with those in ed'at for liquorestablishments. The issues that are remaining that we have talked about are tipping. We have not talked about the requirement of limitation in the draft ordinance of an physical emmct between patrons and perfcrmers. Erik put on the fist of possibilities thatthere could be some limits on the degree of mrdity permitted, such as prohibition against full rmdity. Those might be other mass we want to discuss tonight or hold off cm until Erik comes back. Councilor Aube: In an Menpt to make some progress, maybe we canjust go down tbaq where there are some major (inaudible) and address those particular questions in that regard and than maybe have a(mandble) discussion. Are there any questions or comments with respect to the zoning restrictions ar we had asked the gaff to prepare? Again, Erik not being here you be0eve he was using a door that is regularly used... Ed Baan: This is rtricktly on zoning. We have not gone back to each of these areas. For example, depending on the level ofresniuvons, it is unWrely that Broadway Shopping Center would be permitted if we haw a 500'restrictwa on establishmems serving liquor because there are a amber ofrestaumants there that I thick probably serve liquor. We would haw to go check. You also have Rite Aid, which is a bquor outlet. Scene areas we would have to go back and look again. That's what is under the aging limitations. Councilor Aube: So the measuring distance needs to be incorporated lino that as wall. Ed Barrett: Yes, at some point we would have to go back and he lust to try to get at least a feeling for bow much would be affected by the 500' twits from the churches, chapel, parish houses, schools, juvenile shehers, orphanages, establishments serving or selling alcohol and other adult emertaiunevt businesses. Com hir Aube: Questions? Councilor Woodcock. Councilor Woodwck: We have three options int necessarily all mumally escnsm east notall ofwhicharebeforeus at this pairs, as Iundersmnd. Thepropomd ordinmce,98-I17haabemassignedmit. Thatustillregulmon. Thmwehavea proposal regarding inning. Ed Barrett 11th would be part of the regulatory ordinance. Councilor Woodcock: And ther, act before us was a proposal that Erik brought to our attention at the last meeting whirl was a phased temunatlon. Ed Barrett Yes. Erik has bear asked to draft an approach that would prohibit. The temanatim is also an issue under the grandfathering if we take the regulatory approach and that is something else that he u being researching. Councilor Woodcock: Presumably. ifthe Coundwereto adopt, a[somepgnt,a phased nomination, an mention period of regulation would be appropriate Ed Barrett: I thank: the theory at the Ian meeting was to try to prepare both. Councilor Aube: In my discussions with Erik, in teams ofpreparation for this meeting to try to naive this item forward, to get before this Committee both a regulation, one that regulates displays ofnudiry and am that lamas. I thinkthat is what he has been working towards so that the Committee could taproot out to the Council one option or the other. I dunk that's the same of the Committee m this point in time, is that we went to work towards that. At least presenting one option to the full Council, taking into account Councilor Woodcock's comments that there may be if we choose a prohibition more dere would be some transition language that would be deal with the regulators dunng that hrtetm period while we grandfather the existing fmdtim. That is the disucssion I've had with Erik in terms of moving in that direction m this point in time. Any other questions? ' ComcilorCrowley: What exactly mewelookingfofl UIundemmndwhereweare at this point in time we are confirming to work with the language that regulates the current situation and well also have an option that would allow us to outright ban and when those two options are in find draft form, they will come back to this Committee so that we can then move it forward as a recotmveMarionW the full Council. Ed Barrett: There are only a few things that you need to decide. Current draft calls for an direct payments ftom patrons to performers. There has been indications from representatives of the establishments tem that would create difficulties for them. Are you interested in talking that out or should we leave it as it is or modify it? Councilor Crowley: no issue of tipping? Ed Banned Yes. It is in there now ant it will stay in there unless somebody tells us to prepare something differed. Councilor Woodcock: I.et me take some of these in the order that I am them hoe. Under conduct and dill get to the ripping. Under conduct, the first proposd hero is that no person under the age of 18 is to be employed in these estsbfisknents and that is supplemented by a reporting requirement to the local Police Department on anyone who would be employed m on of these mmblisiwmts. The hes would necessarily reach employees, direct employees, as well as the independent contractors as the term maybeimplied. Ihaveacoupleofcommagetsonthal. Flim, l think thisisan appropriate restriction given that even the people operating these businesses have told us then they do not wish to have people who are under 18 years of age employed so it is as 1 understand thein testimony consistent with their policy, the orgy exception was the fisting of names m the Police Station. I see that as an absolute pre -condition to ussurang that you are not going to have people who are under the age of 18 performing in these places because otherwise you will leave it up to the businesses to he self - policing. We have received record testimony thus far from performers that, at urea these establishments, that although the current establishment they work at is nor abusive, they have worked az establishments that are abusive and can am ensure contimtity of ownership or even oomumity of[maudtfi el the more appropriate position to take is a more Protective position to make certain that the Police Department is aware and has all the appropriate infatuation on whoever is working there. Beymd that, I would recommend that we put into this some way that insures that this information be provided to the Police Department before anyone begins working there in asy capacity so that we don't get post fecto notification to the Police Department. Pd Barrett: The consensus Oat time was to change and have on-site recordkeeping. So we need to decide what we wart as the draft. Councikor Aube:I did not get the sense that then was the consensus, maybe I'm wrong. We hadn't come to a consensus, it was stili an open issue and I for one, have a fimher coraean as I understood some of the testimony when it was so-called amateur night where threw people do mourns some kind of upping or receive some kind of renumeration for that activitythat cerrai* isn't done with the knowledge of who the individual is, theoretically, because it is anyone that could arrive there that would do it I have a question in terms of how do we deal with that Practice from the standpoint of ensuring that we do get Proper ratification or the Police is properly notified of who those individuals may be Ihane more questions with respect to that issue. Councilor Crowley: Wouldn't that prevent amateur night or an amator night type of activity &the list had to be on file at the Police Department. Councilor Woodcock: They would stiff have to regular. You would require them to register in advance. Mr. Foote: Dan of our major concerns with registering with a fist on We a the Police Department has been the safety of the individuals and I thunk I stressed that to you in a letter. My suggestion would be [bat, and I think that Councilor Woodcock's concern and certainly Diva's concern with people under 18 performing and being employed there is important. I thick: those dings can be monitored. I think the employer should be required to so and verify and keep copies of photo ID before anyone performs and have that open to police inspection but by giving those Gass to the Police Department, you can publish them in the Bangor Daily News, anyone can go down and Per a copy of them. The individual safety ofthe performers and empkoyos could be jeopardized and I note that there was some corrcem earlier for the safety of folks who have bean convicted ofcfvves. These are folks who were not convicted of crimes. These ere folks who are entitled to artery and protection and I thin: sending those documents to the Police Department makes them public records. I don't think there is any question ofit. Councilor Crowley: Is that time that that public record would be open to anyone walking in? SEVERAL SPEAKING AT ONCE: Yes Wayne Foote: I think thn el a cairns flaw ht that approach Councilor Woodcock: Depmdivguponhawyouperceivethensk. "eriskthatin the first instance that we ere trying to address m this particular proposal is a substantial risk the someone who is really quite young maybe drawn into an activity the could be deleterious to them and the question really to me is on which side of the fair should the City fah and to me the City should be most concerned about the risk relative to those who are underage who might be drawn or and 1 harken back to the testimony the I found to be frankly quite dramatic on the part of at least a couple ofperfumes; who testified to conditions under which they were in Lewiston which they thought were repreheamble, dangerous to their Meth and safety as well as to the of others who associate with the business. I do not we how the City should indulge that fair and I think the City has an obligatiou therefore to make sure there are procedures in place that mays chine the risk to an cannot possible. l do not funlr that the proposal that you are suggesting which would place the burden on the Police Departments to make regular checks of ledgers and sheets and whatever at these places would be sufficient. The burden should ren on the commercial establishment On, come forward with then formation and to insure, thereby, that there is no underage person performing there. Wayne Foote: Even iftire burden isonthe esteblishmem to bringdoerecordsto the Police Department, I kill am concerned for the safety ofthe employees by meting those records part of the Police Department files. 1 think ifyou have verifiable photo E) copies that are brought to the department and I tMelo acme spot checking like any Other organization which serves liquor, or whatever, can accomplish these purposes. I think that the City can accompfish its goals without making all employees names, addresses, social security creature, telephone numbers, a raft of information. Councilor Aube: My perspective is that I don't understand where tbere would be middle ground to put on this issue. It is either we have some mechanism by which we can have a significant wanton factor the people under the age of 1S are rot engaged in this type of activity and as I said earlierI have a question with respect to the whole concept of anumau night, the concept of independent contractors. Where do they fit into the mix in more of employment law and I'm looking at it firm the standpoint of anyone who meso sneedsto provide to the local government an assurance that they are IS yeam of age k this point and I happen to believe that the way to do the is to require that those names be given to some autho W. What I'm trying to drink m my mind is there a mechanism that could prmect tkree people and I'm am sure there is. I don't have the confidence that management offices types of facilities will necessarily comply with the irdmt. That's my personal view. Airy other recommendations on that? Shall we move that the procedure of sending it to the Police SEVEJUsL SPEAKIbIGAT ONCE: Yes Councilor Woodcock: It should be clear that this registration requirement obtains an inspomonbefore. Councilor Aube: D you went to deal with the ripping issue Councilor Crowley: My sense is to leave it in. Profubhion, Leave the prohibition language m Councilor Aube: No tipping Cwnalor Crowley: Bight, that's my recommeMaion Councilor Aube: Any other thoughts Wayne Foote: I again, world reiterate the suggestion before, the City of Portland's language seemsto deal with thmissueprettyweLL The languagethey have used and that I propose. Councilor Aube: Is than any objection to proceeding with the dowment havingthe prolubirionofripping. Put that into the teglations. Anythingelse? Ed Barren: There is the no physical wnmct between patrons aid performem. I am assuming you wish to keep that in. Not included at the draft, but ErJr did come forward and suggest that the Council can put some limitation on the degree ofnudity permitted. Councilor Aube: Let me suggest that that item we deal with in terms of our prohibition a this point in time. PABartett neonyothathi%thatIdwlkweneedwde vhffiisthe grandfathering issue. Councilor Aube: I think we need mote irdermarion. It isvety bard w decide absent that Had ofinformariom EA Barret The New York City ordhuncegave rare yen, with an appeal and sfter that h isjust generally a set period of time seed deepened ofrirne can be, depending on the nature of the issue that is being grandfathered, awhole range of Wings. Councilor Aube recommended that this issue be dismssed at the nem meeting when Erik has had time to put together the models on gaodfahering. Ed Barrett suggested for the net meeting to take the draft and update it, do some further checking on the footage limitations to see how that atPects things, then come back with that and more information on the grandfathering issue. With no further business to discuss, the meeting adjourned