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HomeMy WebLinkAbout1999-12-07 Municipal Operations Committee Minutes Municipal Operations Committee Meeting Minutes � December 7, 1999 Councilors Attending: )ohn Rohman, ]oseph Baldacci, Gerry Palmer, Judy Vardamis, Nichi Farnham Staff Attending: Edward Barrett, John Hamer, Norm Heitmann 1. LD 2339 - Prohibiting Discrimination - Sexual Orientation This item was introduced at the request of Councilor Vardamis. Ron Hersom of the Maine Speak Out Project, requested the Council's support at the last Council meeting. The intention of this bill is to ensure that all citizens regardless of their sexual orientation have the same civil rights protections guaranteed to other citizens on the basis of race, color, religion, sex, age, national origin and physical or mental handicap. The bill also makes clear that this amendment does not confer legislative approval or special rights to anyone. It requires that the amendment be submitted to the voters at the next general election. Councilor Vardamis explained that this resolve has been drafted in a way to support the • legislation and the process. Mr. Hersom explained that this was drafted and came as a result of six separate sponors that put forth legislation after the defeat of a previous bill in February 1998. Councilor Farnham commented that she is concerned about acting on this issue as a Council and whether or not it falls within the role as representatives of Bangor. This goes beyond the border of what is typically done as far as regulating how the City does business. Councilor Farnham feels this would afFect local businesses and how other people do business within the City. The State acted on this already and by acting on it on the City level, is it overstepping the boundaries as representatives of those within the City? Councilor Farnham would prefer not to move it further and to leave it at the State Level. Councilor Palmer commented that he feels Councilor Vardamis is correct in that Bangor is a leader and this is something that is necessary and pushes forward to areas of discrimination. Councilor Baldacci commented that this is more of a moral issue in the sense that it is important, that there be a statement, as a City, against � discrimination, prejudices, etc. The community has a long history of tolerance and diversity but there have aiso been episodes of hate and prejudice against people of different religious minorities as well as people of different sexual orientations. Councilor Baldacci feels that one of the • features of this proposed statue is that it makes it easier to latch onto because it does call for a referendum and leaves the ultimate decision to the voter. There have been two statewide referendums on this issue (1995 and 1998) and both times the clear majority of the people of the City of Bangor by margins of 55% to 65% were in favor of banning discrimination. Councilor Baldacci moved to recommend the Resolve to the Council. Councilor Rohman seconded the motion. Committee approved recommendation to Council. 2. Council Ordinance 00-28 Amendin�g the Commercial Displays of Nuditv Ordinance, Chapter 228, Article IV )ohn Hamer explained that the purpose of this amendment is to protect the ordinance from constitutional attack both in the current case with Diva's and from any future businesses that may try to locate to the City of Bangor. By suggesting these amendments, it is not being suggested that the ordinance should not have been passed, it is just an attempt to proof it against any future constitutional attacks. Part of the amendment process was to settle the current litigation with Diva's and it was recommended that this not be passed unless there was an executed settlement with Diva's first. � Diva's would like to stay at their current location until they recoup their investment in that property. One of the primary amendments proposed is to let them stay until June 1, 2001. When this ordinance was originally adopted, it provided for a one year period in which a business could remain at a current location and also provided for an appeal to the Board of Appeals to show economic hardships arguments to get a second year. Diva's went to the Board, presented their information, and the board voted 3-2 to grant them to additional year; however four votes were needed to allow that to continue so effectively it was a denial. Diva's appealed this which is now pending a court date. Further information provided to the Committee outlined the proposed amendment. Committee approved recommendation to Council subject to a signature on a settlement agreement from opposing parry. 3. Council Ordinance 00-29 Amending Cha�ter 278 of the City Codes— Taxicabs, Rates of Fares This ordinance would change the rates that taxi operators may charge in � two ways. It would increase the first 1/6 of a mile, or fraction thereof, 2 from $0.95 to $1.30 and would increase each additional 1/6 of a mile, or fraction thereof, from $0.20 to $0.30. The amendment would also increase the charge from $0.20 to $0.30 when taxicabs travel less than 10 � mph for more than two minutes because of traffic conditions and would remove the provision that taxicabs may be employed as sightseeing taxicabs at a rate of $10.00 per hour. Approved recommendation to Council. 4. U�date, City Nursing Facilitv Connie Pingley, Administrator at the Nursing Facility, explained that the Facility has a census of 55 and is at a 89% occupancy. Connie commented that she is pleased after reviewing the financial information. Staff s recommendation is to put the res-care project on hold since the occupancy has been maintained and go with the bed structure as it is now. Staff put together information showing an analysis of the two options (residential care option vs. the current configuration). At 54 beds, it is approximately the same. Anything over 54 beds, the facility does better by not having changed. The residential care proposal was based on 97% occupancy, which is a concern. For the past couple of months, the facility has been averaging a break-even point in comparing the current configuration against the residential care configuration. A lot of money will have to be spent on the physical portion of the building and stafF is not sure that there will be an immediate financial payback. Staff recommends � that while the facility is doing well, the best option may be to wait and see what happens. Councilor Baldacci asked Ron Heller what the deficit would be for this year. Ron explained that the revenue picture has greatly improved. We budgeted a $623,000 subsidy. At the moment, it appears to be doing significantly better than that. The Facility is ahead of budget on revenues and net income. Ed Barrett commented that everything is moving forward but this needs to be formalized and input from this Committee and the Council is needed to continue. Connie explained that the State surveyors recently visited the facility. There are paper compliance issues that need to be taken care of but the facility did very well. They could have brought up the issue of the physical plant, but Connie explained that she would be coming before this Committee requesting an appropriation to correct these items. They did cite the facility for the refrigerators. The approximate cost is $12,000 for the refrigerators and $30,000 to bring the whole kitchen and dining room up to the State surveyor's expectations. Fire doors are needed between the Facility and Health & Welfare. This cost is approximately $15,000. Carpenter and Associates have given a floor plan for the renovation of the � central section. Staff is working on it and it is believed it will take care of the ventilation problems in that area. This cost is approximately $70,000. 3 Closets are needed but Connie did not have a cost for those yet. They are waiting for two bids. There is $300,000 in bond revenue which could be used to take these first steps. At this time, staff is asking for a i recommendation to come forth with an order pacing a hold on the prior order until August 1� and approval to reallocate the bond proceeds for various capital purposes. 5. Consent: a. Order, A�pointing Lee Umphrey to the Maine Municipal Association's Legislative Policy Committee Approved recommendation to Council. � � 4