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HomeMy WebLinkAbout1998-10-20 Municipal Operations Committee Minutes �- �- rt _ - Municipal Operations Cominittee � - .- . Meeting Minutes October 20, 1998 Councilors Attending: Michael Aube, Michael Crowley, Jim Tyler, John Rohman Staff Attending: Edward Barrett,Norm Heitmann, Erik Stumpfel, Jim Ring, Arthur Stockus, Bob Ziegelaar,Pete D'Errico 1. Noise Ordinance Discussion Councilor Crowley noted that this is a general discussion on the current Noise Ordinance but commented that he may have a conflict of interest on this issue. The Committee concluded that there is no conflict. Norm Heitmann explained that he received a letter from Norman Kominsky requesting the City amend its noise ordinance and Land Development Code. The concern is noise generated by EMMC's proposed helicopter use. The current noise ordinance provides an exception for certain aircraft and emergency vehicles. EMMC's helicopter is considered an emergency vehicle. Mr.Kominsky addressed the Committee explaining that he and neighbors are looking for something that will protect the community from noise which would come from the helicopter at EMMC or any � type of aircraft not landing at the airport. It should be written so that noise does not exceed a certain decibel level beyond the properry lines. Mr. Kominsky stated that the City currently has a level of 82 decibels for automobiles and 85 is a number that he would be comfortable with. His concern is when the helicopter swoops down over the homes in the area. Another concern is that EMMC has not provided the residents in that area information about the tests that have been done and what the results are. Councilor Aube asked Mr. Kominsky if in his review of the matter has he been able to determine if there are other communities that have appropriate site location laws with the respect to helicopter noise and have they been able to deternune their noise level and if they have similar types of ordinances? Mr. Kominsky answered that he received information indirectly from the FAA. He is not sure if these other communities have the same type of ordinance. Norm Heitmann commented that he is not aware of any other communities in Maine that have one. He does know there are other communities across the country that have ordinances addressing aircraft, but those that he has looked at are geared toward airports. Norm pointed out that any ordinance that is passed would not be retroactive. The FAA has regulation over flight paths. The issues aze the Land Development Code and noise enforcement. Norm agrees with Mr. Kominsky and has spoken to the FAA that as far as any aspect of the land development code, site location, site plan, etc.,the City does have the right to make noise an issue. It is not currently an issue under the Land Development Code when it comes to aircraft. It is when it comes to noise from nightclubs in the downtown development district,noise from autobody repair shops, etc. In Norm's opinion,the City � is not preempted from exercising that kind of regulatory control. He notes that the request makes reference to that portion of the Land Development Code that pertains to the site location development act application. When something has to be reviewed by the DEP, as does EMMC, the DEP has the right to delegate it to the municipality, which is typically done. The DEP informed Norm that in their opinion, if the City had an ordinance that was stricter than they have, the City __ . 2 Municipal Operations Committee Meeting Mimrtes • October 20, 1998 could enforce it. This doesn't address the site plan issue. John Lord points out that noise regulation needs to be more comprehensive, a more detailed review. The Noise Ordinance is really a police power or function. It states that certain vehicles or activities can not generate more than a certain level of noise. Norm is satisfied, after reviewing the case law, thax the FAA has full control over aircraft noise preempting state and local control. If the Council wants to regulate aircraft noise it must be in the context of the Land Development Code, site location. The issue would be how to measure noise. Councilor Palmer asked if municipalities that have their own police rescue, private companies, are all handled by FAA in terms of noise level? Norm answered that with regard to the noise generated, yes, the FAA sets the regulations. The municipalities have nothing to do with that. Ed Barrett summarized by expla.ining that you can not do an ordinance amendment to the current ordinance to allow the City to enforce a noise limit this proposal. Something could be done in the Land Development Code that could limit or take noise into account in the location of these facilities. Since this process has not been started,nothing can be done about the location that is being proposed right now at EMMC. PUBLIC COlVIlVIENT • Nancy Toneson, a neighbor of the hospital, questioned if there was information from the hospital regarding what the decibels are that these helicopters make? Andy Hamilton, representing EMMC, answered that a sound barrier will be constructed that wi11 address the noise issue. The Committee chair asked Mr. Kominsky if there is a plan to involve the neighborhood in deta.ils relative to the site plan after the presentation to the Planning Board. Mr. Hamilton answered that information had been given at the last meeting. Mr. Hamilton answered that a representative from EMMC went into the neighborhood to speak with the residents and an invitation was given for those who had questions to get in touch with Mr. Ledwin. Councilor Aube asked if the City can restrict the hours of usage of certain activities in certain areas? Norm answered no but he would be willing to do more research on this. Larry Willey, a resident of Howard Street, informed the Committee that EMMC received a noise report study from a company out of Brunswick and the projection is that in four years there will be 812 flights per year. There is no projection beyond the fourth year. The anticipated operating budget is in excess of$1 million a year. This neighborhood is very supportive of the facility, but there is an issue of impact. Sylvia Smith, a resident of Garland Street, asked Mr. Hamilton if the 2 flights a day includes the maintenance flights? He answered that on average the 2 flights will relate primarily to medical emergencies. Tim Smith, a Garland Street resident, commented that helicopters ha.ve been used not only for medical � emergencies but also to get patients and doctors from point a to point b. He feels that if they were assured that the helicopter would be used only for medical purposes, it may help, but these reassurances have not been forthcoming from EMMC. The Committee instructed the Legal and Planning Departments to review what may be done in terms 3 Municipal Operations Committee Meeting Minutes • October 20, 1998 of the Land Development Code. 2. Election of County Representative-Board of Directors at Eastern Maine Development Corporation Committee approved the renomination of Tom Davis as the Penobscot County representative for another three-year term. 3. Use of School Property on Griffin Road to Su�plement Leaf Composting Operations Public Works has asked permission from the School Department to use school property on Cmffin Road for the leaf composting program on an interim basis for 1-2 years. Leaves being collected are exceeding the ability of the cunent two sites to handle them. The School Department has agreed. Councilor Palmer asked what kind of impact it will have in terms of vehicles turning onto Griffin Road? Public Works will only be using the stripped portion ne�rt to the road and towards the center of the drive. This would be away from the residences. Arthur explained that the trucks will be entering and turning azound on the lot and there will be no turning on the road. There will be as many as 60-70 vehicles per day on the lot. 7im Ring pointed out that there are several routes that can be used to approach this site. • 4. Eco-Bag-Leaf Ba�s Arthur Stockus explained that last yeaz biodegradable bags were used for leaf pick up. Public Works ' has found another bag that is clear plastic and is less expensive than the paper bags used last year. They will be encouraging residents to use these biodegradable bags. In order to promote the use of this bag Public Works will inform residents that leaves in the Eco-Bag will be picked up first. These bags are available locally. 5. Utility Location Permit-Bangor Gas Com.�anX Bangor Gas has completed installation of new gas lines on the Broadway Widening Project They axe planning installation of local distribution lines in many areas of the City and submitted a utility location permit application and layout plans for a number of streets on the East side. Staff is proposing to prepare a Council Order approving utility permit for the Gas Company on these streets in accordance with the schedule of street sections included with the packet. The finallocations would be subject to Jim's approval. Councilor Crowley asked in terms of the installation of the pipelines, is it the least invasive way possible? A representative from Bangor Gas answered that yes,this is the least invasive way to do this installation. The Council Order will appear on the next agenda. 6. 1999 Long Term Docking Fees After lengthy discussions and input from several boaters,the Harbor Committee is recommending that • the rate structure remain the same as in 1998. One change proposed is in how the total charge is detern�ined. Charges have been based on boat length from bow to stern. Some boats have extensions on the bow which increase boat length and impact the amount of dock space needed. The recommendation is to charge for boat length from the transom forward, including extensions. The unit rates per foot remains the same, but total revenues would increase by approximately 10%. A 4 Municipal Operations Committee MeetingMinutes � October 20, I998 Council Order will appear on the next agenda. 7. CNF Status Report-Additional Information Requested by Committee Councilor Crowley excused himself from this issue due to a conflict of interest. Chair turned over to Councilor Aube. Ed Barrett presented the Committee with the further information that was requested at the last meeting. Ed��mma�;�ed the 5 tables together for the Committee. Table 1 projects the ne�rt 5 years for continuing to operate the facility as it currently is; 61 bed facility, no residential care element. Table 2 looks at an alternative residential care proposal. This would continue to operate within the same area.that the Nursing Facility currendy occupies in the larger building and add 8 residential beds within that envelope. This would not require relocation of the Health and Welfare Department. Table 3 is the full blown residential care proposal which is formally the proposal that had been adopted by the Council for staff to pursue. This would add 21 residential care beds and require that Health and Welfare be relocated. Table 4 adds in the incremental cost to the general fund of new space for the Health and Welfaze Department. If Health and Welfare needs to move, it would go into the old Naval Reserve building. The cost of renovating this building would be appro�mately $1 million. Table 5 outlines the various assumptions that were used in coming up with the financial figures. These figures are somewhat different than the assumptions that were used by Baker, � Newman&Noyes in their study 18 months ago. Occupancy information was also included for the Committee. The average is 47.3 patients per day for this year. This is down from 49.8 the prior year. Presently, the facility is at a 77% occupancy rate. Last year there were a total of 154 separate , individuals served by the facility. This would include a stable base population that is in the long term care areas of the facility and a more rapidly changing and lower population that is iri the skilled care unit. Approximately 60% of the individuals who are served have some form of close tie to the City of Bangor. There are three items pending that decisions need to be made on. The first is that the City will be receiving a construction bid to address a number of items that include renovating restrooms for handicap accessibility for UCP, a new nurses station in the newest section ofthe building, which is the area used for acute care patients, and some kitchen renovations which address a series of issues. The second item pending is asbestos removal. This needs to be done so that the engineering firm can have easier access to the innards of the building to complete their evaluation. The third item is the patient furniture purchase for appro�mately$30,000. These three projects have an estimated cost of$131,000. Ed expla.ined that certain elements of some of the things being done are part of the residential care proposal. Councilor Aube asked when there may be an answer on our permit application? Don responded that it is his understanding that there would be some numbers in the near future in terms of the costs for reimbursement for the nursing facility aspect. There is still no documentation relative to the residential care aspect. � Councilor Palmer commented that it would be helpful to assess what the subsidy is per patient. Ed pointed out that on the 21 bed proposal, the number shown as the net cash flow number, without considering Health and Welfare, in the Baker,Newman&Noyes study was a positive number and the difference is occupancy. Their proposal assumed that the CNF would be able to operate at 95%+ 5 Municipal Operations Committee MeetingMirrutes � October 20, 1998 occupancy. Staff does not believe that this is a reasonable assumption based on the current occupancy and the fact that the layout of the building for the residential care portion is not as attractive as other facilities. Councilor Aube asked if sta�ff could show the change from the Baker,Newrnan&Noyes assumptions. Staffwill put it together and bring it back to the Committee. Councilor Palmer asked how the CNF's vacancy rate numbers compare with other similar facilities? Don answered that the last time sta.ff was able to get information statewide was last spring and at that time, CNF's occupancy was appro�mately 3 percentage points higher than the average. Don is not certain where CNF is at toda.y. Councilor Aube asked if the occupancy rates impact how much is received by the State? Ed answered that a penalty is paid if it is below 90% and last year was the first year to ever fall below 90%. Various members of the public addressed the Committee regarding this issue. Councilor Aube recommends that this issue be put on the next Committee meeting in two weeks to continue the updating. One issue he would like to discuss is the governance issue that was discussed last year. � mop10-20.98 �