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
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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
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• 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
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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%+
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Municipal Operations Committee
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� 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.
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