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Home My WebLink About2008-05-28 City Council Minutes MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL MAY 28.2008 CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR Called to Order at 7:30 p.m. Chaired by Council Chair Hawes Councilors Present: All Except Greene Adjourned at 9:30 p.m. Presentation of Donation by the James W. Williams American Legion Post#12 rProclamation: Recognizing the James W. Williams American Legion Post#12 WHEELER For their Donation of a Stair Lift at Bangor Parks and Recreation ' PUBLIC COMMENTS: Charles Boothby, Chair of the Historic Preservation Commission,and Sara Martin,former member of the Historic Preservation Commission, Presented the Council with an Honor Award for Outstanding Projects in Preservation ' or the Waterworks project. MINUTES OF: Regular Meeting of the Bangor City Council of May 12, 2008 and FARRINGTON the Regular Meeting of the Bangor School Committee of April 30, 2008. ACTION Approved I 08-178 ORDER Accepting Stairway Lift Accessibility Equipment for the Parks and WHEELER Recreation Department and Recognizing James W. Williams American Legion Post#12 for its Donation ' ACTION Passed 08-179 ORDER Accepting the Resignation of Shepard Harris from the Penjajawoc GRATWICK Marsh Bangor Mall Management Commission ACTION Passed 08-180 ORDER Authorizing the City Manager to Execute an Amendment to the PALMER Lease with Bangor Historic Track,Inc.—Property Metes and Bounds Description and Amended Memorandum of Lease—Bass Park ' ACTION Passed 08-181 ORDER Authorizing Execution of Contract with Bangor Center Management D'ERRICO Corporation ACTION Passed 08-182 ORDER Awarding Grant to the Bangor Public Library for$500 to Fund a FARRINGTON Year of Free Daily Passes to the Maine Discovery Museum ACTION Passed I I I MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—MAY 28.2008 REFERRALS TO COMMITTEES AND FIRST READING ASSIGNED TO ITEM NO. COUNCILOR I 08-183 ORDINANCE Amending Chapter 128-14.1 of the Code of Ordinances- STONE Construction and Maintenance of Solid Fuel Boilers ACTION First Reading and Referred to the Transportation&Infrastructure Meeting on June 3, 2008 at 5: 00 p.m. 08-184 RESOLVE Vocational Education Region#4 Appropriation Pursuant to BLANCHETTE Title 20-A Chapter 606, 15601-15619,Maine Revised Statutes Annotated ACTION First Reading 08-185 RESOLVE Approving School Department Estimates of Revenue from State D'ERRICO Sources and Budget-Enterprise Fund ACTION First Reading 11108-186 RESOLVE Approving School Department Estimates of Revenue from State WHEELER Sources and Budget-Special Revenue Fund ACTION First Reading 08-187 RESOLVE Approving School Department Estimates of Revenue and Budget- PALMER Trust and Agency Fund ACTION First Reading 08-188 RESOLVE Making an Appropriation for the School District Contribution to GRATWICK , the Total Cost of Funding Public Education from Kindergarten to Grade 12 as Required by 20-A MRSA Section 156901.A-B ACTION First Reading 08-189 RESOLVE Making an Appropriation for Non-State Funded Debt Service PALMER Allocation for the Bangor School Department as Required by 20-A MRSA Section 15690 2.A ACTION First Reading 08-190 RESOLVE Making an Appropriation for the Bangor School Department in STONE Excess of the Maximum Spending Target Established by 20-A MRSA Section 15671 A.4 ACTION First Reading 08-191 RESOLVE Making an Appropriation for the Total School Budget for the Bangor FARRINGTON School Department as Required by 20-A MRSA Section 15690 4.A ACTION First Reading 1 1 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL MAY 28,2008 IREFERRALS TO COMMITTEES AND FIRST READING continued ASSIGNED TO ITEM NO. COUNCILOR 08-192 ORDINANCE Amending Chapter 291,Article III,Sec 45 of the Code of the City BLANCHETTE of Bangor— Waiving Court Hearing for Violation;Fees ACTION First Reading Motion Made and Seconded to Waive the rd Reading Passed Motion Made and Seconded for Passage Vote: 8-0 Councilors Voting Yes: Blanchette,D'Errico,Farrington, Gratwick, Hawes,Palmer, Stone and Wheeler Councilors Voting No: None Councilors Absent: Greene Passed I08-193 RESOLVE Authorizing Application,Acceptance and Appropriation of FARRINGTON $90,000 in Grant Funds for Birch Stream Project( ACTION First Reading and Referred to the Finance Committee of June 2, 2008 at 5:00 p.m. 08-194 RESOLVE Authorizing Application,Acceptance and Appropriation of GRATWICK $50,000 in Grant Funds for Stormwater Related Projects ACTION First Reading and Referred to the Finance Committee of 1 June 2, 2008 at 5:00 p.m. 08-195 ORDINANCE Amending the Code of the City of Bangor, Chapter 252, D'ERRICO Sewers and Drains, to Comply with State and Federal Law,Allow for Greater Latitude in Operations and Oversight, and Make Various Other Changes ACTION First Reading and Referred to Transportation&Infrastructure Committee Meeting of June 3,2008 at 5:00 p.m. I I 1 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL-May 28,2008 UNFINISHED BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 08-152 ORDINANCE Deleting Section 291-28 A of the Code of Ordinances—Left WHEELER Turns Prohibited—State and Howard ACTION Motion Made and Seconded for Passage Residents Chris Vetus,Kathy Neal,Ken Doirion,John Frawley, Jack McGill,James Butler,Diana Harper and Larry Willey Spoke in Favor of the Ordinance Residents Gary Bolduc,Bill Riley, and Bob Cymballick spoke in Opposition. Vote:4-4 Councilors Voting Yes: D'Errico,Farrington, Gratwick and Wheeler Councilors Voting No: Blanchette,Hawes,Palmer and Stone Councilors Absent: Greene Failed Passage 08-171 RESOLVE Accepting and Appropriating$323,400 in Funds as Part of the PALMER Fiscal Year 2007 Homeland Security Grant Program I ACTION Motion Made and Seconded for Passage Passed 08-172 RESOLVE Appropriating$18,919 in Unanticipated Ambulance Revenue FARRINGTON for Purpose of Purchasing a Combined Pumper and Aerial Unit for the Fire Department ACTION Motion Made and Seconded for Passage Passed 1 I i 1 1 i 1 1 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—MAY 28,2008 NEW BUSINESS ASSIGNED TO ITEM NO. COUNCILOR Public Hearing: Application for Special Amusement License Bangor Historic Track,Inc., d/b/a Hollywood Slots Hotel and Raceway, 500 Main Street ACTION Motion Made and Seconded to Open the Public Hearing Public Hearing Opened No One from the Public came Forward Motion Made and Seconded to Close the Public Hearing Public Hearing Closed Mr. Tom Russell, attorney for Hollywood Slots urged Council approval Motion Made and Seconded for Passage Passed Public Hearing: Application for Slot Machine Operator License Renewal,Bangor Historic Track,Ind. d/b/a Hollywood Slots Hotel and Raceway, 500 Main Street ACTION Motion Made and Seconded to Open the Public Hearing Public Hearing Opened No One from the Public came Forward Motion Made and Seconded to Close the Public Hearing Public Hearing Closed Mr. Tom Russell, attorney for Hollywood Slots urged Council approval ' Motion Made and Seconded for Passage Passed 08-196 ORDER Adopting Municipal Development Program and Financial Plan D'ERRICO for the Bangor Center Development District ACTION Motion Made and Seconded to Open the Public Hearing ' Public Hearing Opened No One from the Public came Forward Motion Made and Seconded to Close the Public Hearing Public Hearing Closed Motion Made and Seconded for Passage Passed 08-197 ORDER Bangor Center Development District—Establishment of FARRINGTON Implementation Assessments ACTION Motion Made and Seconded to Open the Public Hearing Public Hearing Opened No One from the Public came Forward Motion Made and Seconded to Close the Public Hearing Public Hearing Closed Motion Made and Seconded for Passage Passed I 08-198 ORDER Establishing the Amount of the Tax Rate and Overlay for the WHEELER 2009 Fiscal Year for the Bangor Center Development District ACTION Motion Made and Seconded for Passage Passed MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—MAY 28,2008 NEW BUSINESS continued ASSIGNED TO ITEM NO. COUNCILOR 08-199 ORDER Designating David B.Lawler Tentative Developer of Building WHEELER #26 at 113 Maine Avenue ACTION Motion Made and Seconded for Passage Passed 08-200 ORDER Authorizing Applying for and Accepting Grants from the Maine PALMER I Department of Transportation for Various Sidewalk Projects ACTION Motion Made and Seconded for Passage Passed 08-201 ORDER Authorizing the City Manager to Execute a Collective Bargaining BLANCHETT Between the City of Bangor and Teamsters Local 340 Representing Police Support Staff ACTION Motion Made and Seconded for Passage Passed 08-202 ORDER Authorizing Execution of Lease/Purchase Agreement for Various GRATWICK Municipal and School Energy Conservation Measures ACTION Motion Made and Seconded for Passage Passed 1 1 I