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HomeMy WebLinkAbout1997-09-16 Municipal Operations Committee Minutes U Municipal Operations Committee Meeting September 16 , 1997 Councilors Attending: Pat Blanchette, Mike Aube, Tim Woodcock Staff Attending: Bob Farrar, Erik Stumpfel, Norm Heitmann, Dan Wellington, Jim Ring, Don Winslow Others Attending: Roxanne Saucier (BDN) , Gerry Palmer, Clergue Jones, Mrs . Jones, Gary Watson (neighbor) Meeting convened at 5 pm 1 . Executive Session - Disposition of City Owned Property (Legal) The Committee moved into Executive Session at 5 :05 pm and returned to public session at 5 :40 . No formal action was taken by the Committee on this item. 2 . Request for Expansion of City's Noise Control Ordinance Clergue Jones wrote a letter to Dan Wellington regarding the current noise control ordinance. He realizes that it currently applies to only self-propelled vehicles . Mr. Jones requests that the City expand the ordinance to include leafblowers . Mr. Jones and his wife rent an apartment across the street from Brookings-Smith Funeral Home on Garland Street. Brookings-Smith use a variety of machines to keep their establishment clean, including a leafblower. Mr. Jones states that this leafblower is being used as an outdoor vacuum cleaner which picks up nothing and blows sand, dirt and leaves somewhere else, which they again blow on neighboring properties when it is blown back onto their asphalt. They use this machine on their big parking lot, at times more than one hour each time they use it. Mr. Jones also states that in addition to this leafblower, other machines are used adding to the noise in the neighborhood, including frequent visits by delivery and fuel trucks . The Committee was concerned that the development of an ordinance to deal with this current localized issue was not necessary. The Committee requested Dan Wellington, Code Enforcement Officer to meet with Mr. Smith and other parties to work out an acceptable solution to this problem. The Committee asked Wellington to report back in two meetings with a report of his efforts . 3 . 23 M.R.S .A. § 3032 - "Paper Streets " Jim Ring provided background information on this subject as follows : There have been some changes in 23 M.R.S .A. § 3032, which pertains to so-called "Paper Streets " . Paper Streets are essentially reservations shown on lotting or subdivision plans for streets or ways which have not been constructed, used or formally accepted as public ways . Historically, the statues have provided for "discontinuance by abandonment" if a street or way has not been maintained at municipal expense for regular vehicular use for thirty years prior to January 1, 1976 . However, the statutes now provide that municipal interest in Paper Streets shown on subdivision plans recorded before 9/29/1987 will expire on 9/29/1997 , unless a municipality files notice in the Registry of Deed to retain interest for up to another 20 years . If public interest in a paper street expires, private rights of access for adjoining properties are maintained, however. Files and plans recorded in the Penobscot Registry of Deeds have been reviewed to determine the extent of paper streets that would be affected and if the City should take action to preserve public rights . This is a rather tedious process, as there are over 500 110 old plans recorded in the Registry of Deeds . Very few paper streets are identified with a name. Jim and the Municipal Operations Committee reviewed in detail maps of all paper streets in Bangor and highlighted those which Jim and his staff recommend that the City retain a continuing interest . The Committee voted to accept Jim's recommendation and forward the recommendation to the full Council . With no further business to come before the Committee, a motion was made to adjourn at 6 : 10 pm. •