HomeMy WebLinkAbout2005-11-29 Government Operations Committee Minutes ' Government Operations Committee
, November 29, 2005
Minutes
, Councilor Attendance: Allen, Greene, Farrington, Palmer
Staff Attendance: Hamer, Farrar, Barrett, Cyr,Yardley, Pinkham, Winslow,
� Wellington, Arno
Others:
' CONSENT AGENDA
1. Ordinance, Amending Chapter 134, Section 134.27 of the Code of the City of
' Bangor - General Assistance
This amendment would bring the City's General Assistance Ordinance into compliance
with State law by including a provision which includes a mileage allowance when
, computing applicant eligibility. Previously, mileage was not included as a qualified
expense. The current established State of Maine rate is $0.365/mile, and this will be
adjusted to be consistent with the established State rate for future years.
' A motion was made and seconded to approve the Consent Agenda.
� REGULAR AGENDA
2. Proposed Memorandum of Understanding between the City of Bangor and
' Bangor Soccer Club Regarding the Development of a Multi-Purpose Athletic
Field Complex Located in the Vicinity of Downing Road
Over the course of the past several years, there has been interest in the possible
development of a multi-purpose athletic field complex to serve a growing need for
' additional playing field space. More recently, the City Council established two working
Committees to study the major aspects of this proposed project. The Committees have
recently completed their work and, as a result, a draft Memorandum of Understanding
' has been developed outlining the various responsibilities, adions and understandings
between the City and Bangor Soccer Club regarding the development of the complex.
Members of each Committee have been invited to attend and properly owners in the
' area have been notified of the meeting. The Parks and Recreation Advisory Committee
has also reviewed and endorsed the agreement.
� By way of background, Cyr said that last year the Council created two subcommittees,
one on needs and assessment and one on funding and implementation for the purpose
of evaluating the multi-purpose athletic field complex. The needs and assessment group
' determined there is a need for additional soccer fields specifically but multi-purpose
athletic fields would be the top choice. The group looked at potential land availability
and determined that airport owned property in the neighborhood of Downing Road
t would be most suitable. The funding and implementation committee initiated the
process by looking at a regional effort but no group offered money for the project. It
became clear that the Bangor Soccer Club would take the lead in any sort of fundraising
� for a multi-purpose athletic complex. A memorandum of understanding was drafted.
Cyr highlighted some provisions. To date, no input from neighbors has been received.
Individual and business neighbors as well as the air guard were invited. The air guard
� did not receive the notice in time and no representatives were in attendance. Cyr
introduced Rod Towne, current President of the Bangor Soccer Club.
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Allen asked about the subcommittee structure. Greene represented the Council on the
needs and assessment subcommittee and Farrington on the funding and implementation '
group.
Palmer asked Towne to address the committee. Towne presented and reviewed a map '
of the proposed location. To start the project, the City has asked Bangor Soccer to show
capability to build the first two grass fields and at least the first parking lot and driveway
into that point and bathrooms. Towne also hopes that concessions will be completed in �
that first phase. Responding to Palmer, Towne said there would be a bathroom in the
concession building. Greene said the diagram presented by Towne appears to be
different than a previous diagram. Towne described the differences. The parcel ,
designated was actually split in half. It wasn't clearly specified to the engineers and
they used the entire parcel rather than the parcel adually identified by the Soccer Club.
Responding to Allen, Towne said the fields would be handicap accessible. Since it is ,
Airport property, Allen asked about the regulations. Cyr said that FAA regulations
stipulate that property cannot be used or sold for no value. There is a caveat that
allows for use of airport owned property for parks and open spaces. The Guard has '
some concerns regarding abutting property. The City will work with the Guard. Cyr
talked about the need for alternative access off Union Street. Downing Road is not a
wide road and is dead end. �
Jim Stevens, property abutter, asked about night games, lighting and security. Towne
said games typically end at 9 PM. The fields will not be accessible when not being used. �
Stevens asked if his taxes would be paying for the project. Towne said he is not asking
for tax dollars. Cyr said it is currently a memorandum of agreement and the Soccer
Club has until spring to determine funding. Stevens said the projed was first billed for ,
soccer and now it is multi-use. Cyr said its primary purpose will be soccer but it could
be used for women's and girl's field hockey, lacrosse, looking beyond what is needed in
a recreational setting today to address needs ten years from now. Cyr said the City, '
from the very beginning, has wanted to make certain to address concerns in a way that
is satisfactory to all involved. Stevens said that Downing Road could not sustain an
event attracting 400 vehicles. '
Allen asked the about Downing Road. Barrett said it is certainly not a street that would
be the major access to the complex. The City thinks it hetter to provide a separate '
access off Union Street. He feels that the vehicular traffic will be by groups depending
on game times, etc. and not likely to have 400 vehicles leaving at one time as would be
the case at a Bangor Auditorium event. In terms of night lighting, Barrett said it could '
be designed to minimize off site light impact, which is generally required by the City's
site development ordinance. Towne indicated a lot of use is for prectice which is not a
noisy event.
Gary Dearborn, property manager for the Air National Guard. He asked for a specific �
layout of the proposed fields. Cyr stepped away from the mic to indicate the area on a
map. Dearborn highlighted the current Guard use and future plans for the area. Allen '
asked for clarification of the fields on the map. Cyr pointed out the area.
A resident indicated she had recently moved to Downing Road for peace and quiet. She �
thinks the proposed field will fundamentally changed the character of Downing Road.
Very concerned about noise, traffic and vandalism. The fields would be directly across
from her driveway. �
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, Greene understands the concerns of area residents. He is concerned about the road
' width, safety aspects, etc. He asked staff for a guestimate on the cost to actually have
Union Street for the primary access from the very beginning. Cyr said the City Engineer's
original estimate was $100,000 for the road but didn't include property acquisition costs.
, The estimate for the road off Downing and the field area was $250,000, Towne said.
Palmer asked if there was anyway to reconfigure the roads and parking lot to the other
' side of the field area or other options with the neighbors in mind. Palmer asked about
the open space and the Air Guard security concerns.
' Dearborn indicated the Guard has munitions storage and jet fuel in the area. (He
stepped away from the microphone). Regarding the munitions, Barrett said his
understanding is that the Air Guard has leased land to provide the 600 ft. buffer.
, Another powning Road resident asked about the separation/buffer planned between
houses on Downing Road and the complex.
, Jo Clark, 5089 Union Street. Concerned about the access road. Clark said Union Street
is such a busy street and is concerned about adding more traffic to it. She asked if the
City would be installing a traffic signal. Barrett said the City or the Soccer Club would
have to apply to MDOT for a traffic movement permit that would look at tra�c impacts
, and might require off site improvements if necessary.
A resident at 1621 Union Street spoke. At this point, he is neither for nor against the
� project. He thinks this is better than another methadone clinic. He doesn't feel the
Downing Road is capable of handling traffic generated by the proposal. He asked if
adult leagues are involved. Towne hopes so eventually. Barrett said it is City property
' and at some point will technically become a City park which establishes closing hours
and the police department has the authority to enforce. The property would be under
the City's ordinances governing parks and no alcohol would be permitted. He agrees
' with moving the road near where Skips Grocery used to be located.
Mr. Coburn has a 69-acre lot on Union Street for sale that currently has water and
' possibly sewer. Towne said at this point there is no funding and do not want to raise
taxes to obtain the funding. The 69-acre lot is in the $130-160,000 range. Towne said
the phase one requires $250,000 in in-kind and cash, which covers the first two fields
' and first parking lot.
Allen asked that the neighbors be provided copies of the draft memorandum of
, agreement.
Another resident spoke as a concerned taxpayer. Taxes are already high in Bangor. He
, asked if the taxpayers would be taking over the cost of the fields after they are
completed and the complex is up and running, A lot of maintenance is required for such
a complex. Towne said his organization is made up of approximately 1,200 volunteers
� who will take care of maintenance. He also has a fundraising group. The Club's plans
are to operate the faciliry and have it operate itself. The Club is not asking for City
funding.
fMr. Dearborn from the Guard reminded the Committee of the natural gas pipeline.
� (.yr said the purpose of this meeting is to obtain input from the neighbors to see what
concerns can be addressed through the memorandum of understanding process. Staff
is not looking for the Committee to approve or make recommendations at this point.
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Allen asked about neighborhood and air guard representation at the two subcommittee's
level. Barrett said the meetings are open to the public and staff would be glad to notify '
individuals of the proposed meeting dates. Barrett suggested a meeting with neighbors,
Soccer Club, City staff and the two subcommittees to discuss concerns raised tonight
and how they might be addressed. Palmer said it is important to satisfy the �
neighborhood. The more positive, wholesome activities available for area kids, the less
need for methadone clinia in Bangor. Cyr said she has communicated with interested
parties and asked them to contact her with any further concerns and suggestions. '
3. Dogs in City Parks and Consideration of Local Leash Law
At the most recent City Council meeting, Tom Mooney, speaking for himself and '
neighbors, raised various questions and concerns about dogs being allowed in City
Parks. Mr. Mooney also discussed the need for the City to consider a leash law to
address this situation. The City Council referred Mr. Mooney's concerns to the '
Government Operations Committee for further discussion, review and recommendation.
Barrett provided some history as background information. The Animal Control Officer, '
Pat Pinkham, said that state law requires that animals be on a leash under voice control
of a competent person. Leash enforcement can be determined; however, vocal control
is more difficult. Responding to Palmer, Pinkham said she is not aware of a leash law in ,
a Maine community whereby canine is required to be on a leash. Responding to Allen,
Pinkham said all dogs are supposed to be licensed.
Allen asked Tom Mooney, 39 Parkview Avenue, to address the Committee. Mooney �
agreed with staff in that the problem is having control of an animal on a leash. He
doesn't have the answer but there is a problem. He credits the officers for trying to ,
enforce the particular ordinance. He spoke of voluntary compliance in an area where
small children play. There is a problem with this on a regular basis. In answer to
Palmer, Mooney said he is a cat owner. Mooney would like to see bags available in '
Chapin Park.
Greene said the City has signage in its parks. Is other signage available to 'clean up '
after your dogs'as a reminder. Willette said there are signs, individuals are made
aware, but what happens after that is unpredictable. Responding to Greene, Winslow
said is it not a highly enforced area. He realizes is it a concem. If an officer sees a ,
situation while driving past a park, he is likely to advise the individual of the ordinance
but not likely to issue a summons. If multiple complaints are received regarding one
individual, then a summons is issued. Neighbors are encouraged to report incidents. ,
Mooney spoke of a couple of incidents in which he spoke with officers. Responding to
Allen, Barrett said that picking up after dogs parks is a City Ordinance. It is a problem
area. He finds it is a frustrating problem with pet owners not taking responsibiliry for ,
their animals. Barrett said the second request by Mooney is for a 'no dog' area in the
vicinity of playground equipment. It has been previously discussed in 1995 and some of
the concerns were how to identify the area, etc. If the Committee is interested, it could �
be considered.
Palmer asked for Pinkham's recommendations. Allen asked the number of complaints
received at the police department regarding animal incidents. Pinkham answered 3,200 �
animal complaints last year, less than related to S00 were dogs in parks.
Hamer spoke of the legal enforcement issues related with these types of incidents. The '
City sponsored 'dog day'during the summer months in which the City promoted dog
ownership and good canine citizenship. From his point of view, the most effective tool is
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' to continue to promote in this area. It will promote the City's ordinances that ask
' owners to pick up after their dogs, to keep dogs under control, to be respectful of other
uses of the park areas. The more people understand the law the more they will comply.
Allen talked about walking dogs in the city forest. Barrett said restricting dogs from
' parks will not work. Restricting dogs from the area of playground equipment could be
researched but it will be difficult to enforce. Allen and Barrett spoke of sending info to
licensed dog owners. Allen asked about through the school department. Last year, the
' city had 2,000 licensed dogs. At the time of licensing, owners receive information
regarding picking up after their dogs. Info could be distributed through the parks and
recreation program as well and that is distributed through the schools. Palmer agreed
' with the education praess as opposed to enforcement.
Paul Stevenson, 38 Forest Avenue, has two dogs. Owners should be able to play ball
, with their dogs in the park area. There shouldn't be a law against it. Individuals with
children should not have more rights than those with dogs.
' To summarize, Barrett indicated that staff would put together an approach that is more
consistent city wide to try to educate the public on responsible pet ownership. Greene
asked for a cost factor on some rype of a dog pull bag with some sort of a coupon.
' Barrett said that the Parks and Recreation staff would pull the cost information together.
Allen said that Portsmouth, NH has a dog park. Barrett said it is being looked into for
the City pursuant to a request by an interested party. Staff is looking at possible sites.
, The issue has been discussed at a previous Government Operations Committee.
Jim Savoy. He suggested a runner between to poles in the park areas for dog use and
' owners playing ball with their pet. He also spoke of an incident at Dirigo Drive.
Winslow and Pinkham have confirmed and Pinkham will speak with the owner.
' 4. Citizen Request to Discuss Police Interaction and Enforcement Adivities
Mr. Tom Mooney of Parkview Avenue has requested an opportunity to discuss his
concerns about police interaction and enforcement activities with the Government
' Operations Committee.
Mooney said there seems to be an inordinate amount of police officers that feel it is
' okay to interact in a rude manner with citizens of Bangor. He related an incident. It is
an uncomfortable situation. His first meeting with Chief Winslow was candid and
emphatic. As mentioned, Winslow said it did start out fairly well and then things broke
' down. He recapped some of the involvement of the department during the summer.
Mooney is genuinely concerned about a dog owner of a pitbull and lack of control of the
animal. Mooney asked the dog owner to clean up after the dog and the owner refused.
' At this point, Winslow and Mooney disagree on how it should have continued. Words
were exchanged. An officer responded, Mooney was concerned that it took 25 minutes
for the officer to arrive, radio dispatch logs indicate it was 10 minutes. Unfortunately,
' the dog owner had left by the time the officer arrived. Based upon information given,
the officer indicated he couldn't prohibit the owner from using the park, which was the
focus of Mr. Mooney's conversation. Mooney later met with Winslow regarding the
, officer. Winslow spoke with the officer and believes the officer was being firm but not
intentionally disrespectful. Later, Mooney supplied the dog owner's name and address
to Winslow. An officer was assigned to do followup for statements. The owner of the
' pitbull provided a different perspedive as to what had transpired. The report was
submitted to the DA who returned it to Bangor PD indicating insufficient information to
bring a charge of criminal threatening. Throughout the summer months, a number of
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calls from both individuals were made to the Police Department. Winslow also related
incidents reported on June 8 and August 12. Again, the DA denied to issue a complaint. ,
On August 18 there was another call complaining about Mooney. There are two
markedly conflicting stories which is why the DA's office doesn't respond. Responding to
Allen, Barrett said it is not a leash law issue but one of criminal threatening. Two ,
additional calls from Mooney were made to the Police Department indicating the
harassment order had been violated. The complaint was denied by the DA. On
opening day of school Mooney picketed Abraham Lincoln School with a sign citing the '
Police Chief. Winslow cited another incident generated by a call from the pit bull's
owner. Winslow assured Mooney that the police officers are not harassing him.
Another resident spoke of the pitbull who is always on a leash but is not under control. ,
He finds it intimidating. Also, the owner does not pick up after the dog. He has
witnessed it. He also spoke of an incident of dealing with rude and discourteous police '
officers. Palmer asked that the topic of the current complaint remain on the table, no
anotherissue.
Winslow explained the process in place for making a complaint against a police officer. ,
Mooney spoke further about police officer behavior. ,
Responding to Allen, Barrett said he always takes complaints about an officer seriously
and arranges for a meeting with a representative of the Police Department. Each '
complaint is investigated and at times discipline or corredive action is taken. He urged
anyone concerned with an interaction with a police officer to contact him or the Police
Chief. '
Palmer asked that the issue at hand be kept on the table. Mooney said there is one
officer who has spoken to him inappropriately. He also related a comment a particular �
officer made to him at a sporting event. He talked about the dates on a protection
order. Barrett defended the Police Chief and said nothing was being covered up. That
is why documented information has been provided to Mooney and to the Council. ,
Winslow realizes his department is not perfect but he is comfortable with the way his
officers have handled the incidents that Mooney has brought to his attention. Bangor
has a professional, well-trained police department, has a process for complaints. ,
Mooney has had issues with the school department, public works, animal control and the
police department. Winslow finds it difficult to believe that employees from all these
departments are treating him poorly. Palmer asked Mooney if he had filed a formal '
complaint. Mooney responded no. Palmer encouraged him to file a formal complaint
and let it go through the process. Mooney said the process doesn't work. Barrett said
he understands that the complaint is not about the dog but the dog's owner, criminal
threatening. Allen asked about the animal control officer's involvement. Barrett said it ,
is not an animal control issue but an owner behavior issue. Winslow told Mooney that if
he left the impression that he was going to get back to him, he apologized. It was not
his intent. '
June Vardamis, Bangor resident, has been observing the Mooney family and their issues.
She said that neighbors didn't attend this meeting because they are afraid and '
intimidated in questioning authority. As citizens of Bangor, she doesn't want to wait for
a tragedy to occur for laws to be obeyed. She is in total agreement with abuse of
authority. Allen suggested Vardamis file a complaint and go through the process. ,
Barrett agreed. It is impossible for the police chief to investigate unless he has `who,
what, when, where.' Palmer agreed. Unless directed differently by the City Manager,
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' Winslow said he is not inclined to go back several months and years to open
, investigations. If it is recent, he feels it is appropriate. He didn't want to public to have
the impression that the department is going to open up internal investigations on
allegations that did not come forward for several months of years. Allen agreed it is the
' issue before the committee. Mooney has the prerogative to make a formal complaint.
Winslow said he would mail the information to Mooney the next day and Mooney can
make a decision.
' A motion was made and seconded to adjoum the meeting.
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