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HomeMy WebLinkAbout2004-10-12 Government Operations Committee Minutes ' Government Operations Committee , October 12, 2004 Minutes ' Councilor Attendance: Greene, D'Errico, Farrington, Palmer, Allen, Gratwick ' Staff Attendance: Winslow, Arno, Barrett, Heitmann, Hamer, Bates, Clemons, Hathway Others: Diane Lacadie, Members of the Dynamic Performance , Car Club, Charlie Birkel i. Discussion with Dyriamic Performance Car Club-Downtown ' Enforcement Activities. Greene stated that, at a recent City Council meeting, Ms. Diane Lacadie � and several members of the Dynamic Performance Car Club spoke to the Council about their concerns regarding police department enforcement activities in the downtown area. Since that meeting, Chief Winslow and , other department representatives have met with Ms. Lacadie and members of the Club to address various issues raised. Chief Winslow prepared a background memorandum, which provided greater detail and ' assisted in providing conte� for the discussion. When meeting with the Lacadie's and several members of the Club, , Winslow indicated that several incidences caused him concern. One particular pattern of behavior that was of concern to the Chief was with , one member of the Club. An internal investigation was launched by Bangor Police Department. Winslow said that two officers are being held accountable and disciplinary hearings will be held later in the week. , Winslow is confident that the issue has been resolved and there will be no further problems. The Police Department will continue with its zero tolerance policy in the downtown area. For the most part, the Club is well , behaved. There have been some problems with violation of the cruising ordinance or looping, rapid acceleration but not speeding, questionable red light violations, etc. � Diane Lacadie agreed with the Police Chief and further agreed that the ' meeting between all involved parties went very well. A Club member greed that the meeting went well but expressed concern , that the Club has been told in the past that the problems would be taken care of and it didn't happen. The season for the Club is ending and he is in hopes that next year will bring positive results. He thanked the Police , Chief for his time. 1 � ' ' Allen questioned the Club's fundraising. A Club member said there was an ' organized car show at Bass Park. It was well advertised. Allen asked if it was the downtown gathering that has caused problems in the past. The Club member said it is the meetings, not the car show itself. A , misconception of Bangor is that it is a bad gathering. IYs mainly a group of individuals who have the same interests. ' Lacadie asked Winslow if she and the Club would be made aware of the investigation findings and results. Winslow said she would be made aware of the final disciplinary action. She expressed concern about false ' allegations and repercussions. Winslow said there are always two sides to the stories with differing perceptions. The Club did convince him that a pattern existed that caused him concern. On at least two occasions, the ' Club was mistreated by foul language and another occasions where a bike officer may have pulled in front of the car clubbers and intentionally rode ' slow. Allen talked about working with the group as it does have some positive ' effects on Bangor. Palmer said that as long as there is open discussion of issues around the table there will be a positive resolution.. Palmer asked if there might be ways to improve perception of the Club in the downtown ' area; i.e. community service projects. D'Errico asked the frequency of the Club's meetings. The Club has organized meetings but the downtown meetings are not part of that schedule. ' Greene thanked Mrs. Lacadie for bringing the issue to the Council. Greene is very impressed with the Police ChieYs handling of the matter. ' He suggested the issue be revisited in six to twelve months for a status report. Winslow said there will be improved attitudes but that there should be concern with what activities are permissible in the downtown ' area. A number of individuals live and work in the downtown area who do not feel the Club is a good mix for the downtown. He talked of finding a ' location for the Club where they would be visible but wouldn't interfere with residents. Allen asked about a parking lot beside the skateboard park at Bass Park. Barrett said it is a park that closes at 10 p.m. ' Don Brown, attorney and friends of the Lacadie's, addressed the Committee. He commended the Police Chief and his department with ' listening and identifying problems. The Club has a right to assemble downtown but has a responsibility to act appropriately. , , ' , 2. Review/Discussion of Downtown Cruising Ordinance. ' While Council was listening to concerns expressed by the Dynamic , Performance Car Club, a request was made that this might be an appropriate time to review the City's Cruising Ordinance as well. By way ' of background, Winslow said that over the past fifteen years, there has been an increase of residency in the downtown area. More complaints regarding noise, loud vehicles and kids have been called in to the Police ' Department. At that time, the Police Department suggested a curfew ordinance which was adopted in 1997 and then a cruising ordinance a few years later. During their recent meeting with the Chief, the Club had , suggested modifications to the cruising ordinance. A Club member agreed the cruising ordinance is a good tool when used , appropriately. He spoke about reducing the looping time for three turns in one hour cited in the ordinance. Sally Bates, representing the Bangor Center Corporation, addressed the , committee. When the anti-cruising ordinance was passed by Council, the ' Board of Directors of the Corporation was a proponent. At the request of a downtown resident, Bates read a letter to the committee, expressing complaints about noise in the downtown area causing lack of sleep. ' Medically speaking, Gratwick agreed that a good night's sleep is important. The City has a changing pattern of mixed commercial and , residential. Palmer doesn't think the Club is an impediment to sleeping so much as the Bangor Fire Department. He talked about blocking off Main Street during off-hours. The downtown needs to be resident friendly. , Allen agreed with interacting with the residents. Lacadie indicated that the Council should look at these as two separate issues. The Club is not a party-going group. She feels that looping and cruising are two different , issues. Farrington is impressed with the approach of the Club and the Police Department. It is important to recognize that the downtown has , changed and is changing. More and more residents are living in the downtown. Bates indicated there were several downtown residents in attendance. Many spoke in favor of the current ordinance. At the ' conclusion of the meeting, it was agreed that Bangor Center Corporation would meet with the organization to listen further to their issues/ concerns. This was determined appropriate as BCC represents downtown , interests and has facilitated other downtown discussion of issues including a variety of parties. Any recommendations or proposed changes in the current ordinance will be brought back to the Committee for , consideration. 1 , 1 ' 3. Request to Review City of Bangor Charter. ICouncilor Allen requested that a review of the City Charter should be ' undertaken and specifically proposed a Charter Review Commission composed of 5-7 members that are publicly elected, going through a nomination process. The Commission would have hearings to review and , propose modifications to the Charter. She also suggested the Commission could review the formation of the government to meet its changing needs. Nationwide, she indicated that are many communities going through this ' process. Heitmann said the establishment of a Charter Commission is set by Statute. A Commission could be created by passage of a council order or voters could bring it before the Ciry through the municipal election ' process. Three members would be appointed by Council and six members elected by the public. Once in place, the Commission would review the entire Charter and make recommendations as they deem appropriate. ' The Commission's final report would be within a year after its establishment. The Commission can spend money within its budget. The , Council appropriates $100 initially and can appropriate more if deemed necessary. The municipality would be required to provide office space for the Commission to meet, facilities for public hearings, clerical assistance. ' The Commission's final recommendations go before the voters. D'Errico asked for examples of how the Charter has failed the City. Palmer said there are a number of ways in terms of referendum questions and the ' percentage that is required. Even if no change results, he feels it would strengthen the organization. The Charter was updated in 1989, Heitmann said. Heitmann provided a copy of the results and reviewed the ten ' changes made by the 1989 Commission. At that time, the Council Chair appointed the Charter Commission. If a Charter Commission is established, Palmer recommended that Heitmann be a part of the process. ' Gratwick suggested that prior to establishing a Commission that the Council should review it to see if there are some outrageous issues to be � updated. Allen said the Charter is the backbone of City government. Palmer said the review would provide a good training session for the upcoming new councilors. Charlie Birkel addressed the issue indicating , the Charter is a rule of law for operation of the City. He feels it needs a complete, unbiased review with no additional funding needed due to the excellent City staff and resources that are available. Barrett said there ' have been amendments made to the Charter; i.e. the financial provision was totally revised in the mid-90's. As with Councilor D'Errico, Farrington asked if there is a specific problem to be addressed or is this a general , check-up. Heitmann said he would review the records for every occasion that a Charter amendment was brought forward. Heitmann said the starting point would be for him to provide the Council with a copy of the ' ' ' Charter to look at areas that are weak, a council order establishing a ' Commission and outlining specific areas for review. Parts of the Charter are controlled by Statute and others by ordinance. A motion was made ' and seconded to bring the issue of reviewing the Charter in full to the City Council. Heitmann will prepare a Council Order establishing a Charter ' Commission for the upcoming Council meeting. ' ' , � ' ' 1 , ' � ' , , ' ,