HomeMy WebLinkAbout1992-10-20 Municipal Operations Committee MinutesMmicipal . � Cmndttae
OcnAer 20, 1992 at 9:30 pn
!@AIfH6
councuoo Preempt: non Soucy, .Tare Sail, ,ioM Mx
Stat£ Press ti ed Flauett, Prlk Stumpfal, Sa11y Tbmpuon, Partly nazximan,
Sim Avg
1. Selo of Nelson Scx®t ixa®.ty
City $olioitcx � Stmpfal reported tMt the wr�r of 58 Neleon Street,
Next3n Bram, has tewrexel an offer to buy a City tax acqu 2,000 eq.
ft. lot that awls his ncnw.vd'® lot to, melson Street for the City's
easesei valve of $900. ' lot is adjacent to etl uphill from a
�y dmmatsi lot that was acceptetl by the City for use as pert of the
Kwdusksag $trema Park. city staff hoe xeviswed this lot, artl has
aaclurWi that Charm Ts m plan or ncai to inchtle it within the park
bo urlaries now is ttmre any otM1a mrranily crmtagil use for it.
the lot has ru value to a:ryoe other than an abuttfrg property owrer, azul
purclmse of this lot will bring mix. F nls lot clear to couplyfng with
currm2 rating �. Therefore, the xecormdation is to sell
the lot for $900 to mt. ffiwm. 'lhe Cmsdttes apprc a this anon ani
recamade approval to the (knead.
2. Bradford Cmoma-wire Affoniable Nave' That
city Solicitor ltak st mpfel mvie,ed ilea situat£mm with the (xrmittes.
The National Affordable %wring m.,er, Inc. has bean working aver the
past sr eal nmRhs to acquire the to i£ard Campns Apaxtee nt mglex on
Mmseon Avers for the puxpoe of converting the cmpl into a low moue
tau exempt housing project. In reviewing the situation, it is clear that
the pmpoaed nae of lhaifad Cmmmrm rhea satisfy the Writable purpose
req� of Moire Lea. As a result, the appl� can xuN®t and
mi In tax-emapt status.
eNa City area the Nn r,.= mfor a o Ikweing Trost t teen tlixussing this
situation. MIF¢' has agreed to wpm an amval payment in lieu of tomes to
the City Sn an arount eqto one-half of the C£ty's re7u tax
and pxeeantei PMPer y. AAt �i went b t,
the agreareat are as follwe:
1. The aty would acluwleige the tax-exenpt status of the pxmjert aero
MaHI' acquires title aml begins achral uee of tte property In acmniarce
with its clarioble purpose.
2. abs exmption would apply only if at l t 508 of the units m the
cxmpl.ar are used to Pra'ide housing far popla with low inane. ler
moue is defined fire this pugzme as a lvmselold irr:me of lws then 508
of tM nerliarm leuserold Ircme for persons living in the Bm
metropolitan statisT;^'i oma. O4ds maespoMa with the definition of
verixcoe urlations
tlee eI`mF9�xa1 Poveiog and t pevelcprent regu
urp u on IW 6' by the Macre State Housing
Aatlnxity.
3, b9gff wild mala an actual voluntaxy pyesmt in lieu of taxes egual to
508 of the tax that world otherwise be assessed against the Ptalfortl
canons upavtrivR caplem.
During discussion, various manbers of the Camdttse indicated their
con una that this change for the ltrad£orl Canons caplex might imiieate
that similar changes wall be nada or contempt in the future. All
present were cvncercd that this might leal to aiditSmal erosion of the
City's taxable property base. The suggestion was made that City staff
look into any legislative rte- nee which might be available to diacauage
ash future transitions from taxable to non-taxaUle resddamdal property.
Given the situation, the Committee xecamerdal to the full Oaysfl that
the agreement be approved.
3. P uest to a int Adminirt ative Lieute�ane
Pblboe Chief Rainy Harriman appearel before the Committee to request
authority to appoint an iieutemo t. Until February of
1991, there was both a Chief ami a Deputy Chief in the Police Department.
The Deputy Chief was reapomible for day to day cperatiors within the
Department; ani for frust level discipline. During the last year ani a
half, a comber of prri)la6 have arisen die tr the lack of a Deputy Chief.
1. The chief is freguemay out of the office atteniing Matings within
the City and across the state. During his abee ce, there is no one who
has the authority to art on his behalf, tele disciplinary action, approve
permits, arbitrate dispui , etc. 2. All disciplinary actin uaml to be
ishan by the DeputyChief ad c be appaalatl w the Chief of police
At the present time, the Chief offers the first level of tlieolpline in
the dePOrt ell: aci all appeals must be mato to the City manager. 3. Union
ti•ph dug agreements; require Main activities and decisions be made by
the Police Chief or Dgvty Chief. in the Chief's a]me ce, these decisicrs
can not always be male in a timely fashion. 1n order to address thaw
problem ad izi.ng that it is rot presently possible to reestablish
the position of Deputy Chief, the Police Chief has requested that the
Lieutenant in the Services Division be given the authority of the Deputy
Chief. 'Otis position would raisin a n.h®.'e...,m position mM in tic
bargaD rLng unit, gut the title would be changed to
AdNni.atrative
Lieutenant.
This change has been discusses with our Union They also
arycsd that the pmition of Deputy Chief was neem , hit realized that
the cumene budget aces our alloy us to create the position. As a
result, they have agreed with this chaps so log as the r.ha.r=
selectaP tpaid at to be paat the existing Lieinteaxnt pay scale, the
position weld be a tao-yvar appoiaboak, aci the �tive
^� world receive on akiftio al stipend of $20600 per year for the
adiitioal duties which le assumes.
.Duds are available within the Police Deparlueur budget for this stipen i.
After same diammsLn which feoueed m casein that this position wild
remain in the tfiien, the possibility that an atldltioml deputy chief's
position would be nee—' —' at same tima in the future, and questions as why
the Deputy Chief's position had born aliminmt i, to Cmmdttee sppm
this request.
4. to fbdi.fv the Newham xalicv. P nsesnml aures ace
I+eculations
The C®mlttee xeviesmxl a memorandum prepared by NrA Paaar, Director of
Administration. The issue which was cedressai is the existing defuLLticn
of depar4ionts used for purposes of the n spetiam policy. In scum
instances, these depattsysto en cenpass a variety of divisions which are
not. in the sere work location of closely related. fe i w this
wnmideratiat, staff woukd rammxwii that the definition of department be
empaded with the folhawug additions: Motor Pool, The Ems, Ihman
ducts, IrSonmtim services, Purchasing, central services, Public
weeks, Engineering, T rot ant Plant ani Wlf course.
After reviewing these changes, the Cmmittee apprwcd the aspersion of
the definition of department soil xWussted that a oral draft rule be
prepared for Council crnaitffiretton.
5. @utlitim of Mace on the Jobs Rmd
Grunt for lbasansion Of the Public wade and iinqr
locility
city manager edtard feastt reported that the city has hem reguaatai ty
the Mane Depixtment of Mcoa'+mtr• ace Ci unity peuelcpoat to accept a
anditim on the .Tote emtl (,rant for the fuhdic warts Cmplex
particularly as it relates to a bale which is included in that project.
The cvitlftnm states "hhc City of Bangor shall limit the use of its
baler, to be purchases in whsle or 10 part with these Maine Jobs Beni
creation pcayam faces te that of Bangor's municipal waste scream. -
EY ray of t cbgaunl, the state has recefvei a ccuplaLK from Seaver
Nnvezcamenml vdncatutg that they feel the purchase of such a haler by
mese City of Sanger might adhreiaely affect Leer' ,rnph..} f011ogtng
anplaithe State aelmd the city te act the
private atetoo ast With
loris u
Which it currently < iia is r"ecycling
pprograman ] to ask e then if they hen any erfiniwt je the purchase re such
haler. Tfe City has dune e*nve ace tanker team at they er the purchase.
chats' Trash might
ease he*the bar, did indicate that they vete ogram.nad
that the City might use the h len for a regional xaycling program.
�sa �tlteeearesp ty has
the his; developed a proposed iltton.
wrdition and costume with the p rchhase of the halerthrough options. We cou3sl eittar
tlpprove the
pcogsua, me wind rot accept the totdi.tion and eliminate the bales from
tie program. This Ovula require either deet nue do roc puchme the baler
or that we Purchases it with City fuMa.
After discussion, snug all the staff masers involved, it was the
wniesaue of the staff that we go alb wtth the grant and w1tle accepting
the condition. At the pressR thae, rechclutg tmrlseB are clanging and
the market for lakletimai newspaper will he eliminated in the near
future. Givmt cur cuaset volumes, we are having difficulty ling up
with the paper flaw and the paper: is reeks for us to both keap� up ami be
efficient In our recycling operatiais.
Couwilor Gvl exryessal uer rurcew deet a v®ber of the cityCrnmca
work against to City on such a project. she did, however, cavmvd
that the oxdition be accepted before of the need. W craw appmvcd
acceptsd of the cvMition and same to Nurcil.
6. Dixator to Et :uea notion to
12.76 Pc as of i
ate lama in question is in the Honming l ama. ovaz a Saar ago, the
City PuxeL a po+ion of a parcel fran Charles W. Sprague, Jt. A
that tide, we entered into an c tion agamont on an ahlitimmal
apprmdahem 13 n firmed
Ward. At this time, Uu Air of laal pami's
the cba has leen £dame up, and ar have a woubi idea of . ne for for
the petard. that of the land am option would to r Council
mhe this we
oxa�d the C® elttee approve and scussiad to tla Cancel that this
option ci e. aereisai. rafter ]lief disaasionr rile C setae appmveL such
etazcise.
7. yaauti Se (X' Hatt' -la¢' toMer Jov
The gree.rant, C istophhec Joy, vee given t option of having tic
>n op
in opeenns hating in aitlman pan or cloeal eeeeien. He c}mse Tu pmneed
aesaien.
vete grievant wed r `xete.nw by Jots amlr'i. H[. ]xvrtat r4,ieaed the
backgonand of the grievance with the p ten . i . Joy use hired in
Public 4bxke ad is related to George Clair Mto is a Heavy Egaipn
Operator 1 in the sem dsp�. He indicated that Hr. Joy rsprn to
a separate supervisor, and that he sandmen or never ami W. rlair while at
ark and they had very limited dealings with each otler. In adiition,
Us tw a e ort xsaporeiDle to tte care person. m tha tirm l . ,kgr
filled wt the application for mpla}amnt Sn Use Public Works ,
st did rot realise Uat relative
stinca for
such as
step-parent. two i iia. 9Wrer intmdured two sau� forr Ue City's
consideration.
Issoe one is tfat thepolicy i y as Written does not ma ate to firing brat
to be
to hiring o£ into} a Wr. issue
o roue tint While Chia aay assn
t be a W.
point, tth whole Chain of nopotian is a [VIM . l
Point. 11[. Joy is not in the amen blain Of crease as t4. Clair. the ben
v iy little wMeit with him, and tte appliegin w of the nepociaa policy
in this instance is a y in this matter w ani, t with. M a reailt, the
f
policy slnalp not apply l this instance ad, of eupine, the issue of
Whether the policy auU)loyed Cts tenmtration of avpinrysent once an
i,mividmi has been aployed is a legitimate issue.
lbe sad issue ralse l vas the fairness and app¢gaiaten<ss of tM
City's cuttent napotiau policy. p . malar indicated his opinion that
the policy is unfair as currently drafted. most .epo� policdes sinply
do not penait relatives to supervise each otter or he in the dire[ chain
Of camad. ace City's policy is overly broad a l senses far beyond
Mut is >eueeaarl' to preserve a sand w king enviroment. W. �
Udicatsd he felt the only guiding g factors in the City's hiring a l
avploy ent polfbfas ahold be fit and > t. a4e current policy is
overly broad and unvsery.
City anger Heriett reviaci with the p tnee the reawm for his
denial of W. Joy's grievance, m regard to the first issue, that Uma
Policy as evressad is not applied no fixing but only to the hiring of
euplohxea, nae indicated that Chia it to ration of th policy would
leave t City w tbcut remiy in the case of an adairistrative error.
In acdiition, he pointed ant that Nr..ioyvas within hie pmbetiamaxy
period in his position in Public 4brke. As such, the City has the right
to terndnate ewploy t for ary or no mason.
In regard to the secosl issue raised, that of the City's xepotiao
policy, mr. 9axrett indicated that his decision on the grievance had to
he basad on the City's existing policy. fo went on to state, hnxever,
that the policy which the City has adopted is defensible, regardless of
Whether you approve or agree with it. The purpose of any personnel
policy is to uaIrtain a positive and productdve auric ernixowent.
Everyone appmrs to admit that relatives supervising each other is not a
good idea. rhe City's policy addresses this issue in a somewhat broader
frmrewrk which tam into oxaideracion ret only supervision but also
potential prohlsas which may arise Wen relatives are empleyad in the
same work grog. Clearly, if relatives are not hired within the same -
dep5LbrenC, the isae of eventual supervisory relationships is largely
avoided and the issue of problems Welch may result from employees anrkirg
together ds also addreased. 4 e it is clear that in sere or many
instances, relatives may be ahle to work tegather productively and
without prrblea^„ and even in sore instances supervdse each other witffiut
demi, it is also clear that problems can and do arise in such
situations. The City Wmmcil has made a policy decision to adopt a
persaael rule Welch avoids these pmbdess. In regard to this particular
situation, the City Commou has reviewed it and has also reviewed tho
baei ally upheldwithonly a mUer change atually imlr the
extent of the policy. whether yoo agree with this policy or not, it is a
policy which has been established by the Cantil and which has sae
grounding in the objective of personnel rules ad regulatiom to provide
for a positive and prodic[lve vmrlc envtxomenrc.
After anoe dtscuseion of the dews Welch were raised, tin Os s imst
voted unendureWuslY upfold the City wanagec'e decision in this iretur.,:.