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Home My WebLink About2010-09-13 City Council Minutes I MINUTES OF THE REGULAR MEETING BANGOR CITY COUNCIL—SEPTEMBER 13.2010 CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR Called To Order at 7:30p.m. Chaired by Council Chair Stone Councilors Present:All Except Gratwick&Hawes Adjourned at 10:40p.m. PUBLIC COMMENT: Kerrie Tripp of the Greater Bangor Convention and Visitors Bureau announced that the car show that had been held over the weekend was a huge success and thanked the council for its support. Tim Lo,Executve Director of the Kahbang Music& Art Festival thanked the council and city departments for their support and recognized the many Volunteers who helped to make the event a success. MINUTES OF:Regular Meeting of Bangor City Council of August 23,2010,and Special Meeting of Bangor City Council of September 2, 2010, Government Operations Committee Meeting of August 10, 2010,Finance Committee Meeting of August 16, 2010,Joint Meeting of the Airport Committee and Business&Economic Development Committee of August 18,2010,Regular Meeting of the Bangor School Committee of July 28,2010,Meeting of Commission on Cultural Development on August 3,2010, Bangor-Brewer Citizen Advisory Committee Meeting of August 3,2010,Penjajawoc Marsh/Bangor Mall Management Commission Meeting of July 30, 2010 ACTION Approved Liquor License Renewals: Application for Liquor License Renewal,Malt Spirituous, Vinous, of Massimo Ranni and Anne Marie Ranni d/b/a Massimo's Cucina Italiana, 96 Hammond Street ACTION Approved Application for Liquor License Renewal,Malt Spirituous, Vinous,of Constance Boivin,Dream Biz LLC,d/b/a The Charles Inn, 20 Broad Street ACTION Approved I Application for Liquor License Renewal,Malt Spirituous, Vinous,of 99 Restaurants,LLC, d/b/a 99 Restaurant&Pub, 8 Bangor Mall Blvd ACTION Approved 10-298 RESOLVE Ratification of Execution of Municipal Quitclaim Deed- NEALLEY Property Located at 15 Walter Street ACTION Passed 10-299 ORDER Authorizing Execution of Municipal Quitclaim Deed- WESTON Real Estate Located at 326 Union Street ACTION Passed 10-300 RESOLVE In Support of Extending the Truck Weight Limit Pilot Study BRONSON Increasing the Truck Weight Limit on the Entire Length of Maine's Interstate System ACTION Passed I MINUTES OF THE REGULAR MEETING BANGOR CITY COUNCIL—SEPTEMBER 13.2010 CONSENT AGENDA continued ASSIGNED TO ITEM NO. COUNCILOR I,, 10-301 ORDER Approving a Memorandum of Agreement Allowing the 101m BLANCHETTE Air Refueling Wing to use the City's Mobile Command Vehicle ACTION Passed 10-302 ORDER Authorizing the Interim City Manager to Accept$9,000 in PALMER Grant Funding to Provide Support and Technical Assistance To the Greater Penobscot Continuum of Care(GPCOC) ACTION Passed 10-303 ORDER Authorizing Grant Application for Boating Infrastructure Grant BLANCHETTE Funding for Dock Replacement ACTION Passed I I 1 I ii 1 MINUTES OF THE REGULAR MEETING BANGOR CITY COUNCIL—SEPTEMBER 13.2010 REFERRALS TO COMMITTEES AND FIRST READING ASSIGNED TO ITEM NO. COUNCILOR 10-304 ORDINANCE Amending Chapter 33, Code of Ethics, of the, Code of NEALLEY the City of Bangor—§33-11. Conflicts of Interest ACTION First Reading and Referral to Government Operations Committee on September 28, 2010 at 5pm 10-305 ORDINANCE Amending Chapter 165,Land Development Code, §165-112, BLANCHETTE Submittal Requirements, of the Code of the City of Bangor, To Require Submission of Post-Construction Stormwater Maintenance Plans ACTION First Reading and Referral to Infrastructure Committee on September 21,2010 at 5pm and Planning Board on October 5, 2010 at 7pm and to City Council for final action on October 13, 2010 at 7:30 pm 10-306 ORDINANCE Amending Chapter 268,Stormwater, of the Code of the City of WHEELER Bangor, to Change the Requirements for Submission of Post- Construction Stormwater Maintenance Plans ACTION First Reading and Referral to Infrastructure Committee on September 21, 2010 at 5pm and to City Council for final action on October 13,2010 at 7:30 pm 10-307 ORDINANCE Repealing the Moratorium on Medical Marijuana Dispensaries PALMER ACTION First Reading I I I 1 I I I MINUTES OF THE REGULAR MEETING BANGOR CITY COUNCIL—SEPTEMBER 13.2010 UNFINISHED BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 10-184 ORDINANCE Amending Chapter 165 of the Code of the City of Bangor by HAWES Adding Provisions Regarding Nonprofit Marijuana Dispensaries ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Amend by Substitution Passed Motion Made and Seconded for Passage As Amended Vote: 0-7 Councilors Voting Yes: None Councilors Voting No: Blanchette,Bronson,Nealley,Palmer, Stone, Weston& Wheeler Councilors Absent: Gratwick&Hawes Failed 10-185 ORDINANCE Amending the Code of the City of Bangor by Adding Chapter WHEELER 177-Medical Marijuana Dispensaries ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Amend by Substitution Passed Motion Made and Seconded for Passage As Amended Vote: 7-0 Councilors Voting Yes: Blanchette,Bronson,Nealley,Palmer, Stone, Weston& Wheeler Councilors Voting No: None Councilors Absent: Gratwick&Hawes Passed As Amended 10-265 ORDINANCE Amending Land Development Code—Zone Change—97 Court HAWES 111 Street from Urban Residence 2 District to Multi-Family and Service District ACTION Motion Made and Seconded for Passage Vote: 7-0 Councilors Voting Yes: Blanchette,Bronson,Nealley,Palmer, Stone, Weston& Wheeler Councilors Voting No: None Councilors Absent: Gratwick&Hawes Passed 10-290 RESOLVE Authorizing the Interim City Manager to Accept and Appropriate WHEELER $29,947 in Grant Funds as part of the Edward Byrne Memorial Grant Program, which will be shared with the Penobscot County Sheriff's Department ACTION Motion Made and Seconded for Passage Passed 10-291 RESOLVE Accepting and Appropriating Grant Funds from the U.S.Department GRATWICK of Housing and Urban Development—Tenant Based Rental Assistance ACTION Motion Made and Seconded for Passage Passed I MINUTES OF THE REGULAR MEETING BANGOR CITY COUNCIL—SEPTEMBER 13,2010 UNFINISHED BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 10-292 ORDINANCE Amending Chapter 165 of the Code of the City of Bangor by HAWES Adding Article VA,Miscellaneous Uses,Adding§165-31.1, Community Gardens, and Collecting Other Miscellaneous Uses Under the New Article ACTION Motion Made and Seconded for Passage Vote: 7-0 Councilors Voting Yes: Blanchette,Bronson,Nealley,Palmer, Stone, Weston& Wheeler Councilors Voting No: None Councilors Absent: Gratwick&Hawes Passed 111 1 I I I I t I I 1 I MINUTES OF THE REGULAR MEETING BANGOR CITY COUNCIL—SEPTEMBER 13.2010 NEW BUSINESS ASSIGNED TO ITEM NO. COUNCILOR Public Hearing:Application for Special Amusement License for Constance Boivin,Dream Biz,LLC d/b/a The Charles Inn, 20 Broad Street Public Hearing Opened Ms. Constance Boivin introduced herself to the Council Motion Made and Seconded to Close the Public Hearing • Public Hearing Closed Motion Made and Seconded for Passage Passed 10-308 ORDER Proposing Amendment to the Bangor City Charter,Article IV BLANCHEI IE Section 11,Recall ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing Mr.Bill Sullivan urged the Council to send all the issues to the voters this year and suggested that they consolidate issues into fewer questions. Mr.Brad Saucier questioned whether these changes would reduce accountability of councilors by making it more difficult to recall councilors. Motion Made and Seconded to Close the Public Hearing Motion Doubted Vote: 7-0 Councilors Voting Yes: Blanchette,Bronson,Nealley,Palmer, Stone, Weston& Wheeler Councilors Voting No: None Councilors Absent: Gratwick&Hawes Passed 10-309 ORDER Proposing Amendment to the Bangor City Charter,Article II BRONSON Section 4 and Article III Section 4, Vacancies ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing No one from the public came forward to speak Motion Made and Seconded to Close the Public Hearing IPassed 10-310 ORDER Proposing Amendment to the Bangor City Charter,Article IV NEALLEY Section 5,Nominations and Elections,Filing Nomination Papers; Acceptances of Nominations Must Be Filed ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing No one from the public came forward to speak Motion Made and Seconded to Close the Public Hearing Passed I I I MINUTES OF THE REGULAR MEETING BANGOR CITY COUNCIL—SEPTEMBER 13.2010 NEW BUSINESS continued ASSIGNED TO ITEM NO. COUNCILOR111 10-311 ORDER Proposing Amendments to Various Sections of the Bangor City PALMER Charter Technical Housekeeping Changes Including Making the Charter Gender Neutral, Correcting Punctuation,correcting Grammar and Changing Number Sequences ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing No one from the public came forward to speak Motion Made and Seconded to Close the Public Hearing Passed 10-312 ORDER Proposing Amendment to the Bangor City Charter,Article II WESTON Section 5,Regular Meetings and Qualifications and Article IIA Section 5, Oath of Office ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing No one from the public came forward to speak Motion Made and Seconded to Close the Public Hearing Passed 10-313 ORDER Proposing Amendment to the Bangor City Charter,Article II Section WHEELER 2, City Council, Composition,Election, Tenure of Office, etc. and Article 11A Section 2, Superintending School Committee, Composition, Election, Tenure of Office, etc. ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing No one from the public came forward to speak Motion Made and Seconded to Close the Public Hearing Motion Doubted Vote: 3-4 Councilors Voting Yes: Nealley,Palmer&Stone Councilors Voting No: Blanchette,Bronson, Weston& Wheeler Councilors Absent: Gratwick&Hawes Failed 10-314 ORDER Proposing Amendment to the Bangor City Charter,Article VII BLANCHETTE I Section 13(b),Business and Financial Provisions,Issuance of Bonds and Notes ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing No one from the public came forward to speak Motion Made and Seconded to Close the Public Hearing Passed M I ii I 1 MINUTES OF THE REGULAR MEETING BANGOR CITY COUNCIL—SEPTEMBER 13.2010 NEW BUSINESS continued ASSIGNED TO ITEM NO. COUNCILOR 10-315 ORDER Proposing Amendment to the Bangor City Charter,Article VI BRONSON Section 16,Business and Financial Provisions, Undesignated Fund Balance ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing Mr.Larry Willey expressed that the current 10%target is Adequate and felt that increasing to 15%was unnecessary. Mr.Bill Sullivan urged the council to have this item as a stand alone question on the ballot, if passed. Finance Director Cyr stated that the 15%is simply a goal to reach 1 to cover unexpected expenses or unforeseen cuts in revenue. Motion Made and Seconded to Close the Public Hearing Motion Doubted Vote:3-4 Councilors Voting Yes: Blanchette,Bronson&Stone Councilors Voting No:Nealley,Palmer, Weston& Wheeler Councilors Absent: Gratwick&Hawes I Failed 10-316 ORDER Proposing Amendment to the Bangor City Charter, to Include NEALLEY a Provision for a Code of Ethics ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing No one from the public came forward to speak Motion Made and Seconded to Close the Public Hearing Passed 10-317 ORDER Proposing Amendment to the Bangor City Charter, To Add a PALMER Provision to Prohibit Immediate Family Members of Sitting Councilors from Serving on Boards, Committees or Commissions ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing Mr. Charles Boothby expressed that he felt that a prohibition of family members is short-sighted and addresses an non-existing problem. Motion Made and Seconded to Close the Public Hearing Motion Made and Seconded to Strike out the following language: "This provision shall not apply to any immediate family member of a sitting City Councilor on a board, committee or commission on the date of adoption of this provision for the remainder of the term of the immediate family member." Vote of Amendment:5-2 Councilors Voting Yes: Blanchette,Bronson,Nealley, Weston& Wheeler Councilors Voting No: Palmer&Stone Councilors Absent: Gratwick&Hawes Motion Made and Seconded to Move As Amended Passed As Amended I I I MINUTES OF THE REGULAR MEETING BANGOR CITY COUNCIL—SEPTEMBER 13.2010 NEW BUSINESS continued ASSIGNED TO ITEM NO. COUNCILOR 10-318 ORDER Proposing Amendment to the Bangor City Charter,Article II WESTON Section 6, City Council ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing Mr.Larry Willey urged the Council to put all items on the 2010 ballot. Motion Made and Seconded to Close the Public Hearing Motion Made and Seconded to Amend to the election date of November 2,2010 Motion Doubted Vote: 6-1 Councilors Voting Yes: Blanchette,Bronson,Nealley,Palmer, Weston& Wheeler Councilors Voting No:Stone Councilors Absent: Gratwick&Hawes Motion Made and Seconded for Passage As Amended Passed As Amended 10-319 ORDER Proposing Amendment to the Bangor City Charter,Article IV WHEELER Section 2,Nominations and Elections, Wardens and Ward Clerks ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing No one from the public came forward to speak Motion Made and Seconded to Close the Public Hearing Motion Made and Seconded to Amend to the election date of November 2, 2010 Passed Motion Made and Seconded for Passage As Amended Passed As Amended 10-320 ORDER Proposing Amendment to the Bangor City Charter,Article VI BLANCHE!t L Section 1 (/),Business and Financial Provisions,Accounts and Records ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing Mr.Larry Willey expressed his concern that this amendment concerns the basic function of separation of powers and delegation of duties. Motion Made and Seconded to Close the Public Hearing Motion Made and Seconded to Amend to the election date of November 2, 2010 Passed Motion Made and Seconded for Passage As Amended Passed As Amended 10-321 ORDER Proposing Amendment to the Bangor City Charter,Article VI BRONSON I Section 2,Business and Financial Provisions,Annual Audit ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing No one from the public came forward to speak Motion Made and Seconded to Close the Public Hearing Motion Made and Seconded to Amend to the election date of November 2, 2010 Passed Motion Made and Seconded for Passage As Amended Passed As Amended I i MINUTES OF THE REGULAR MEETING BANGOR CITY COUNCIL—SEPTEMBER 13.2010 NEW BUSINESS continued ASSIGNED TO ITEM NO. COUNCILOR 10-322 ORDER Proposing Amendment to the Bangor City Charter,Article VI NEALLEY Section 5,Business and Financial Provisions,Purchasing of Supplies ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing No one from the public came forward to speak Motion Made and Seconded to Close the Public Hearing Motion Made and Seconded to Amend to the election date of November 2, 2010 Passed Motion Made and Seconded for Passage As Amended Passed As Amended 10-323 ORDER Proposing Amendment to the Bangor City Charter,Article VI PALMER Section 17,Business and Financial Provisions, Capital Improve- ment Reserve ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing 111 No one from the public came forward to speak Motion Made and Seconded to Close the Public Hearing Motion Made and Seconded to Amend to the election date of November 2, 2010 Passed Motion Made and Seconded for Passage As Amended Passed As Amended 10-324 ORDER Proposing Amendment to the Bangor City Charter,Article VI WESTON Section 11,Business and Financial Provisions,Emergency Appropriation ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing Mr.Larry Willey stated that he didn't feel this was necessary. Motion Made and Seconded to Close the Public Hearing Motion Made and Seconded to Amend to the election date of November 2, 2010 Passed Motion Made and Seconded for Passage As Amended Motion Doubted Vote: 5-2 Councilors Voting Yes: Blanchette,Bronson,Palmer,Stone& Wheeler Councilors Voting No: Nealley& Weston Councilors Absent: Gratwick&Hawes Passed As Amended 11 r I MINUTES OF THE REGULAR MEETING BANGOR CITY COUNCIL—SEPTEMBER 13.2010 1 NEW BUSINESS continued ASSIGNED TO ITEM NO. COUNCILOR 10-325 ORDER Proposing Amendment to the Bangor City Charter,Article V WHEELER I Section 6(d),Administrative Officers,Powers and Duties of The City Manager ACTION Motion Made and Seconded for Passage i Motion Made and Seconded to Open the Public Hearing , No one from the public came forward to speak Motion Made and Seconded to Close the Public Hearing1 Motion Made and Seconded to Amend to the election date of November 2,2010 Passed Motion Made and Seconded for Passage As Amended Motion Doubted Vote: 1-6 Councilors Voting Yes: Stone Councilors Voting No: Blanchette,Bronson,Nealley,Palmer, Weston& Wheeler Councilors Absent: Gratwick&Hawes Failed 10-326 ORDER Proposing Amendment to the Bangor City Charter,Article II BLANCHETTE Section 2, City Council, Composition,Election, Tenure of Office,etc. ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Open the Public Hearing Mr.Bill Sullivan explained that this item does not provide For an increase to the Council, but rather removes the Unnecessary delay that any increase becomes effective. Motion Made and Seconded to Close the Public Hearing Motion Made and Seconded to Amend to the election date of November 2,2010 Passed Motion Made and Seconded for Passage As Amended Passed As Amended ACTION Motion Made and Seconded to Suspend the Rules to Take up Order 10-327 Passed 10-327 ORDER Approving the Placement of a World War II Roll of Honor Monument WHEELER I in Norumbega Mall ACTION Motion Made and Seconded for Passage Passed ACTION Motion Made and Seconded to Suspend the Rules to Take up ii Order 10-328 Passed 10-328 ORDER Authorizing Contract Award for Installation of a Bi-Fold Door BRONSON ACTION Motion Made and Seconded for Passage Passed I