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.
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