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HomeMy WebLinkAbout1992-11-17 Municipal Operations Committee Minutes i � . Municipal Ope.rations Ccannittee No�re�nber 17, 1992 at 4:30 Fan • AGEI�IDA Councilors Present: Don Soucy, Jane Saxl, John Hragg Councilor Excused: Charles Sullivan Staff in Attendance: Edward Barrett, Ralph Mishou, Jim Ring, Arthur Stockus, Erik St�npfel, Bruce Shibles, John Foley, Gary Jewell Mzry Anne Chalila, Ma.rLy Sabel � (Secretary's note: The it�ns appearing on the Mun.icipal Op�rations Ccanmittee agenda were taken out of order in order to acc�date mr�nb�rs of the public as well as staff who were present. For simplicity, however, the minutes reflect the discussian of the it�ns as they appear an the agenda) . 1. Review and Discussion of Sewer Discounts. Z"he City Manager briefed the Ccgrmittee on the ten sewer accounts which have or are receiving a discount on their bills. He noted that under our s�r ordinance, the City is required to bill users for all water which enters our sew�r systc�n. In recent years, discounts ha.�e generally not been authorized.. All of the accounts which currently receive a discount apparently ha.ve been longstanding and date back many years. 7.'he Manager reviewed a draft letter and sewer discount request form which he rec�nded be mailed to all of these accounts. The letter indicates that effective at the end of the next billing cy�le the discount wi.11 be eliminatGC]. t�nlpSs evidence supporting the discount can be pravided to the • City in writing. Under the proposal, a11 of the discounts w�uld be ended unless the individual or cc�r►pany receiving the discount can pravide doc�nentation of the amount of water used in the facility which does not enter into the sewer syste�rt. The Manager also noted that the whole issue of discounts and water which does not enter the sc-�r system rnust be reviewed and should be reviewed as a part of our averall proposed rate study. He also noted that the current sewer ord.inance does not provide sufficiently detailed information regarding the application and potential adjustm�nt of sewer accounts. During the Ccarmittee's discussion, several points were raised. The CcaYer�ittee rEquested that staff review the current sewer ordinance and take steps to revise it even prior to the impl�nentation of a sew�r rate study. The Ccgnmittee also discussed whether it would be appr�priate that steps be taken to recaver past amounts provided to accounts as a discount. This discussion was in view of the actions of the City regarding the previously discontinued discount for New Franklin Laundry on Fern Street. The general consensus of the Ccarmittee was that we should be consistent in our approach. Finally, the.re was scane discussion about the appropriateness of recovering past amounts. The conser�sus of the CcaYar�ittee was tha.t this would be an item tha.t was appropriate for full Council discussion. .After discussion and review, the Camnittee authorized the Mznager to send. out the notification letters as well as the s�r user cha� discount request fonns. • � • . 2. Discussion of Ba1er for Public Works. : City Ma.nager reported. to the Cca�mittee that Mike Aube, the Co�nmissioner of the State Department of Econcamic and Ccer�muiity Dev�lo�ient, has notified. us that the ba1er originally appraved as part of the jobs bond grants for the Public Works DeparL-�r�nts expansions and imprav+�r�nts has b�ri eliminatGd frCHCI thSt �ant. The Manager then proceeded to outline the options available to the City. These options include: an appeal of the decision of Mike Aube to Superior Court; Su}a�iission of a grant for a baler to the Maine Solid Waste Manag�nent Agency; and rn„r.hase of a baler fran City funcls. Manager indicated that these options are not inconsistent with each other, and that they could be pursued. in tandc�n. He rec�nded that we proceed with a court appeal and with sul�iitting an application to the Maine Solid Waste Management Agency. He noted that if these options did not ccarie to pass, the option of punchasing a baler frcan exi.sting City capital reserve funds r�nained an option. Hawever, he noted that it was his preference that other sources of funds for the baler be rn,r�ued prior to using the City's rese� funds. After discussion the Ccarmittee appraved proceeding as rec�nded by the Manager and directed the Manager to send a letter to Mike Aube and Gavernor stating our disagree�nt with this decision. 3. Lease of Fornter Snc�an�obile Club Proper�y on Pushaw Roa.d. Erik St�fel briefed the Ca�rm.ittee on this issue. Since 1973, the City has been leasing the "Co�minity House", so called, located on Pushaw Rc�ad . to the Greater Bang�or Area Snawtriobile Club for their use. The Club has been using the building at an annual rental of $1.00. Late last mpnth, we were notified by the Snaar�obile Club tha.t they wished to turn the property back to the City. Since that tiir�, we wpxe contacted by Rob�rt E. Rogers, the Ministerial Coordi.nator for Food-4 U expressing an interest in the pmperty and requesting an aption period of 60 days to allaw his o'►�ni zation to examin�e the building to detennine whether it would be suitable for utilizatian as a food sorting-distribution station and for periodic o�nizational meetings. Mr. Rogers appeared. before the Cc�mittee to request the same 60 day option period. frcan the Cc�rmittee. This was approved. 4. Vehicle replace�nent - Fire Departm�nt. Chief Foley appeared. before the Ccarmittee to request its appraval to issue bids for a new fire pumper and for a pick up truck. Both of these units would be replac�nt units. The ptm�r in question would replace a 22 year old unit which recently was r�rioved f�an sezvice due to s?�?r? rusting. Z'his is one of the depaztments four front line engine units. T'he pick up truck which is used. for a variety of purposes is also beyond econcanic repair and should no longer be used on City streets. The Chief also noted that tw� other pieces of front line equi�e,nt will require a replacement in the near future. Z'his includes a pumper as well as the City's second aerial ladder which is currently located at Station #5. Both of these uni.ts will require replacc�nent scarietime with.in the next three to five years. Both the Chief and the Manager noted that these proposed purchases would mpst likely result in. the el�mination of the iFire Vehicle Reserve account. The City will have to develap a plan for dealing with future Fire De�nt replace�nent needs in the near future. � The Ccmmit'tee appr�ved the issuance of bids. 5. C.O. 93-6 Addition of Section 7.6, Chapter III, Article 6-Fine for Parking Violations". Bruce Shi.bles, Assistant City Solicitor, briefed the Co�mLittee on the proposed. amendrr�ent. The purpose of the amendment is to make it clear that upon conviction of a parking violation, a fine equal to the waiver fee shall be imposed for each violation. In a recent case, the court questioned whether the waiver fee should be imposed or whether the general Ordinance pirovision ��iring a min��� $100 fine should gav�xn. Staff's general feeling was that the �mposition of a $100 fine might be considered. coercive and might result in putting pressure on individuals not to use their right to appeal a txaffic violation to court. Mr. Shibles did, hawever, indicate that he wc�uld rec�nd amencling the proposed Ordinance to require t1�at the fine be equal to the waiver fee if the court appeal was filed. witniri thixty (30) days of the date of the ticket; othezwise, the fine wr�uld be doubled if the appeal to court took place after thirty (30) days. Such an amendment would track our actual procedure for applying waiver fees. 'I'he Carenittee reco�mended. appraval of this Ordinance change as well as Mr. Shibles' pr�posed. a�nt to the full Council. 6. C.O. 93-7 "Amendinq Cha.pter III, Article 6, Schedule VI-Parkincr for Handicapped-Collmibia Street". . 'I'his it�n was tabled until the next Ccatimittee meeting. 7. C.O. 93-8 "Am�nding Chapter III, Article 6, Section VI-Parking for Handicapp�d Kenduskeag Plaza". A request has been received for handicapped parking space located in the ��;t section of Kenduskeag Plaza. Z'his is the portion of Kenduskeag Plaza located. between the Parking Garage and the Kenduskeag Stream. At the present tim�, no spaces in this area ha.ve been designated. for handicapped parking. In gPxieral, there are mpre than sufficient spaces in this area for our ��;t parking. Z'he individual requesting a handicapped space uses this area and often finds that places close to the work site are occupied requiring a longer walk. The Ccamu.ttee rec�nded this change. 8. C.O. 93-9 "Amending Chapter III, Article 6, Section 1-Parking Prohibited at Al1 Times-Hayes Strcet". 2'he City has received a request frcan the Ma ine National C�.ia.rd to post Hay�s Street as no parking. Hayes Street is a short street which rL]t1S frcan Maine Avenue back taward one of the National (�ard facilities near the Bangor Ccar¢nunity College campus. This year, the C�nity College has either been more strictly enforcing its penn.it systesn or has experienced. an increase in enrol]ment. .As a result, many of the students at the colleg�e hav+e been using on street parking to avoid pa.ying the pe�nit fees. Individuals have been parking on both sides of Hayes Street, making it difficult for trucks frcan the National C�ard to make the turn frcan Maine Avenue onto Hayes Street. The Police Depart�r�nt rec�nds � that one side of Hayes Street be posted for no parking. 'I'he Ccarm.ittee rec�nded. appraval of this Ordinance. � 9. C_.O. 93-10 "Amending Chapter III, Article 6, Section 1-Parkina Prohibited at All Times-Parkview Avenue". The proposal frcen the Police Depart�nt was to ban parking on one side of Parkview Avenue between Garland Street and Mt. Hope Avenue. In this area, there is a rather sharp hill. As a result of this hi11, visibility is limited. A n�nber of residents of Parkview Avenue appeared and spoke before the Ccaren_ittee. They indicated that there is a general problFsn in this area with motorists and mptorcyclists speeding for the thrill of going aver the hill. 'I'his has created a v�ry dangerous situation for residents backing out of their driveway and also for children in the area who may cross or utilize the street. They did not feel that no parking on one side of the stt�eet would eliminate this probl�n. 'I'hey suggested that consideration be given to making Parkview a one-way street. In discussing the issue, m�nbers of the Municipal Operation Cc�armittee were familiar with the probl�n. Cc�m.ittee m�snbers were concerned that neither the no parking proposal nor the one-way proposal w�uld resolve the probl�n. Jim Ring, City Engineer, did indicate that it may be possi.ble to lawer the grade of the street. 'I'he stre�t is primzrily constructed aver ledge, and he proposed putting together infonnation on what the potential costs wr�uld be for lawering the hill. 2'he Cca�mittee also r�quested t1�at accident data. on �thi.s stretch of Parkview be coa�piled and revi�w�d. 'I'he residents also requested. that better signage be placed on this stretch of str�t, and the City Manager indicated that this would be done. . Based on discussion, this it�n was tabled for furth�r review and analysis. 10. HN Prevention Grant-Health and Welfare Departm�nt. Mzry-Anne Chalila appeared before the Cca�mittee to discuss this it�m. She indicated that the purpose of the program w�uld be to provide public education to the male hcanosexual and bisexual population. The grant wuuld be in the amr�unt of $5,832.48. There would be no additional cost to the City, and Mary Anne anticipa.ted that a contract w�uld be entered in to with perhaps a graduate student frcen the University of Maine to pravide the educational program. The Ccarrriittee appraved. the grant and rec�nded full Council appraval. 11. FCC Regu.lations for Cable Television. The City current has an opportwnity to file c�nts with the FCC regarding various rules and regulations which the FCC must enact aver the next year or so relating to cable television regulations. C�nts must be received by Decesnber 9, 1992. Mr. Stiunpfel requested of the Ccanmittee authorization to prepaz� and su�iit such c�nts to the FCC by this deadline. The Ccanmittee granted its approval.