HomeMy WebLinkAbout1999-08-17 Municipal Operations Committee Minutes Municipal Operations Committee
Meeting Minutes
• August 17, 1999
Councilors Attending: ]ohn Rohman, Nichi Farnham, Gerry Palmer, Judy
Vardamis, Michael Crowley, Joe Baldacci
StafF Attending: Edward Barrett, Chief Cammack, Bob Welch, John
Hamer, Frank Comeau, Tracy Willette
1. Fire Department Charaes for Services Amendment
This issue is a result of discussions between Chief Cammack and Lt.
Welch. This will enable the Fire Department to establish a way to recoup
costs incurred for responding to an emergency rescue call with the rescue
boat. There have been an increasing number of calls for the rescue boat
to aid individuals who have jumped into the river from one of the bridges.
The costs range between $500 and $600 per call. The amendment would
permit the Fire Department to pass the cost on to the citizen. Approved
recommendation to Council.
2. Citizen Complaint re: Outdoor Dances and Noise Level
� Ed Barrett explained that for the last 5-6 years there have been 3-5
outdoor dances each year at Legends and more recently at Jimmy V's.
There is an ofF-premise liquor license required and a Special Amusement
Permit. There have been complaints received and staff has worked with
the establishments to try to minimize those complaints. The level of �
complaints seems to be related to wind conditions at the time of the
dance.
John Hamer explained that the City does not have the authority to restrict
the amount of noise produced by a special outdoor event in the
Downtown Development or Waterfront Development Districts, however
the Council can regulate noise levels through conditions placed on Special
Amusement Permits.
Bob Welch explained that most of the complaints about Legend's dances
came from Brewer. The configuration is such that the noise is heard more
on the Brewer side. Jimmy V's configuration is such that the noise travels
to the east side. Lt. Welch took a noise level measurement at noon time
and then at 11:00 pm during a time when a band was playing at ]immy
Vs. At State and Birch Street you would hear that something was going
on, but at Summer and Railroad Streets the sound was muted. The
� readings were all higher at the 11 pm time. Levels at 80 decibels are
compared to if you were standing 50 feet away from a jackhammer. 120
decibels would be a jet engine taking off 100 feet off the runway. A report
filed at the Police Department from the commanding officer at Jimmy Vs
the night of the dance indicated that there were over 1000 people in the
. parking lot with over 2400 people attending. There was coarse language
from the band that didn't seem to bother the crowd. There were two
people ejected for starting a fight. At 12:30 a.m. the band stopped
playing and people left at that time. No arrests were made at the dance
and officers working the dance took no report of criminal nature.
Fred Gunther, a resident of Grove Street, indicated that he lives
approximately �/z mile away from Jimmy V's and expressed that the noise
is disruptive and loud.
Councilor Baldacci informed the Committee that he received calls from 2
residents of the Freese building complaining about the noise levels during
these dances. They wished to inform the Committee that the residents of
the Freese building agree with Mr. Gunther on this issue. The residents
were kept awake and could hear the crude language the band was using.
Frank Jordan of Legends explained that while he sympathizes with those
that have complained, he points out that these are only held a few times a
year and they work very closely with the Police Department and the
community to make these work.
Councilor Crowley asked if it were typical of a municipality to have an
� ordinance that would identify the downtime and create criteria subject to
other areas of the municipality? Ed Barrett explained that this has been
done in some areas where there are differences in City ordinances in
specific things that apply to the downtown development district that don't
apply to other areas. Legends and Jimmy V's are both located in the
downtown development district. In terms of noise, there is not a -
comprehensive noise ordinance. There is an ordinance that covers
specifics, such as vehicles, trains, boom boxes, etc. The problem that
arises is that if a limit of 75 decibels is set at a particular location,
depending upon the nature of that noise, it can still be an irritant to
someone who has a direct line of vibration to that location. It's the nature
of the noise, the intermittence of it and the quality of the noise that tends
to bother people. Councilor Baldacci commented that there needs to be a
balance. Street dances shouldn't be banned but the language being used
is offensive to those that live in the area and needs to be addressed.
Councilor Aube reminded the Committee that a year ago the issue of a
proposed noise ordinance came before the Committee with respect to a
leaf blower used by the funeral homes. The Committee voted against the
ordinance because the noise was during the day at a business
establishment. Data was collected that may be helpful to this Committee
• in making a decision. Councilor Baldacci agreed and suggested drafting
some options regarding time, place and manner restrictions. John
explained that other than regulating decibels, the Committee could discuss
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limiting sound in terms of the annoyance factor. Because there is an
application filed for another street dance to be held on September 5, the
• Committee would need to make a decision tonight. Ed explained that the
policy has been to continue to allow these dances and direct stafF to work
with these establishments to try to minimize the impact. Since Jimmy V's
is a new operation, stafF has not has as much opportunity to work with
them. Ed is concerned because of the nature of the set up there, if there
is sound, it will bounce ofF the front of the building and will all be
concentrated back into the community. Staff recommends working with
Jimmy V's in terms of set up, speaker placement and volume level and
have the Police Department do readings as it is going on and try to keep
the readings in the residential areas down. Councilor Crowley suggests,
that as a result of this discussion, they should look at principles being
applied including that profanity is unacceptable, the volume needs to be
maintained to respect the rights of residents and staff should try to
accommodate the structural set up of that area and see if it can be
worked around. He recommends against restricting the type of
entertainment that these two establishments can have as part of their
attempt to do business in the Bangor area. Committee agrees with the
recommendation to revisit this issue at the September 21� meeting.
3. Swimming Pool Residency - Parks and Recreation
A residency survey was conducted at the City's two swimming pools this
� summer. The overwhelming majority of pool users are Bangor residents.
The Advisory Board recently discussed the issue of a fee for general swim
and swim lessons. It is felt that a fee for general swim would greatly
reduce the number of children that use the pools on a regular basis. A fee
will not be implemented for general swim. Staff will implement a fee of
$15 for residents and $20 for non-residents for swim lessons.
4. After School Program - Parks and Recreation "
The Parks and Recreation Department has been working on a budget for
the after school program beginning in the fall. This will be a 32-week
after school program from 3 - 6 p.m. for grades 4 and 5 at Mary Snow
and Fairmount Schools. The program is limited to 40 children at each
school. There will be an on-site supervisor as well as three activity
leaders at each school. If the program is successful and operates at near
capacity or at capacity, the ofFsetting revenue will be generated. Frank
has concerns about generating the revenue based on the restrictions that
have been placed on them by the collaborative; not being able to operate
during school vacations, holidays, snow days, etc. The revenue figure
given to the Committee is based on being full. Councilor Aube raised the
issue of access and making sure that all children, including those children
� whose parents may not be able to pay for the program, have an
opportunity to participate. Frank indicated that there are scholarships
available. Ed explained that the City will be making people aware of this
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program after many people have already made arrangements for their
children. The program will not begin until October. Committee
� recommends approval to Council.
5. Dirigo Search and Rescue - Lease Extension
Dirigo Search and Rescue contracted with the City to lease the old animal
shelter through the end of 1999. Their intent was to build a new building
during the summer. Fundraising for this has not gone well and they are
requesting a lease extension for one year. Approved.
6. Underground Utility Location Permit - Mid Maine TelPlus predominantly
west side of Bangor
Approved.
7. Underground Utility Location Permit - Bangor Gas predominately west side
of Ban�or
Approved.
8. Update - Estavan Gomez Plaque
� Stan Moses updated the Committee on the Gomez Plaque. Public works
has estimated $2,000 for site and base preparation. The cost will be split
between Community Development and Public Works. The planning site
will be centered in the park across from City Slickers restaurant. There is
no word yet from New Bedford on a shipping date. After this is received,
`� a formal dedication date can be determined an advertised. The tentative
date is Columbus Day weekend in October.
With no further business to discuss, the meeting adjourned.
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