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HomeMy WebLinkAbout1999-09-21 Municipal Operations Committee Minutes Municipal Operations Committee • Meeting Minutes September 21, 1999 Councilors Attending: John Rohman, Pat Blanchette, Gerry Palmer, Nichi Farnham, Joe Baldacci Staff Attending: Edward Barrett, Don Winslow, Arthur Stockus, Norm Heitmann, John Rice, Jim Ring Others Attending: Representatives from the Inland Fisheries and Wildlife Department, Reps from Bow Hunting Group, State Representative from Old Town Meeting convened at 5:00 p.m. 1. State Bow Huntinq Regulations Councilor Baldacci was contacted by residents who expressed concern regarding the expanded archery season on deer in the special districts • that have been established in the Bangor area. Deer hunting has always been allowed in the City limits and is subject to the same basic regulations that apply under state law to other hunting (no shooting w/in 300' of a residence and no shooting across a public way). The City has a separate ordinance, which covers discharge of firearms with two districts identified. In the inner-district of the community it is prohibited to shoot a firearm. In the more rural areas, it is allowed, but the City's restrictions are different in that there is a 600' restriction on discharge of firearms near a residence. The season has been extended and will run September 11t" to December 11th with bag limit of two deer instead of one. The question becomes does the City want to do anything in response to this change or make an adjustment in the expanded deer archery zone? Don Winslow explained that he spoke with several communities that were affected by this. Lewiston and Portland have chosen to take a wait and see attitude. Waterville is in the process of drafting an ordinance that will prohibit the discharge of a bow, but has received a lot of opposition from the Wildlife Commission and other Associations as well as bow hunters. Augusta requires a permit that is issued by the Chief of Police and in that permit there is an outline of the designated areas that hunting is allowed. The Chief of Police in Augusta indicated to Don that because of the . expanded archery zone this year, it has become quite a burden on him to go through all the requests. Council Chair Baldacci commented that his issue is not that there is bow • hunting but that homeowners in these areas be told where it is allowed and when it will be happening. Ed Barrett agreed that it is an education issue. Homeowners are unsure of where it is allowed and how they post their properry, etc. One thing the Committee should look at is if the 300' from a residence is acceptable or whether it should be changed to require more. Councilor Rohman explained that because the season has already begun, there is not enough time to make any adjustments for this season but the information is welcome so any necessary changes would be in place for next season. COMMENTS: Amy Nickerson, Game Warden, explained that Bangor is part of her district and at this time, most of the concerns she's heard have been that local residents are seeing hunters in areas that they've never seen them in before. Amy agrees that it appears to be an education issue. Councilor Blanchette asked if there were any way to tell how many deer there may be? • Gerry Levine, Deer Biologist for Inland Fisheries and Wildlife, answered that they did not have an actual calculation for Bangor in particular, but they do have a general estimate for similar areas that have come under fire on discharge ordinances. One consideration in the more developed part of the state is that it is unsafe to discharge firearms; however the fact that hunter densities are limited doesn't necessitate that the deer population will remain stable. When hunting is restricted severely, one of the major mortality factors controlling this really takes ofF, and there are high deer numbers. The areas of the state that have the highest road kill problems, highest complaints about shrubbery and ornamental damage, highest complaint from commercial farmers growing vegetables, and the highest risk for lyme disease are these types of areas that come under discharge ordinances. Three years ago in 1997, this season came on line as one approach to begin managing deer population where firearm ordinances are in affect. It is recognized that archery hunting doesn't have the safety liabilities that firearm hunting has. One of the primary reasons is that archers tend to take very close range shots, their arrows do not travel as far as bullets do and many archers hunt from elevated locations (tree stands) and are shooting downhill which makes it very likely that the arrows will not travel beyond a 30 yard radius. It is � recognized that actually controlling the deer population if it is at 50, 60 or 100 deer per square mile is very difficult just with archery. This is the first step and best approach that the department can take to begin addressing 2 public concerns in the southern and central part of the state. This was • enacted by the Legislature in part to address these problems and in part to recognize that it provides an opportunity for hunters that wasn't available before. Both hunters and residents living in these areas need to come together to better understand these changes. Councilor Blanchette indicated that she felt the Committee needed more information on bow hunting to better understand this issue. She invited Mr. Franklin, an avid bow hunter and master teacher on bow hunting to the meeting. John Franklin, Essex Street, explained that he attended this meeting to answer any questions about bow hunting. He indicated that in the 12 years that he has been bow hunting he has never encountered a non- hunter while hunting. With regard to additional regulations, he feels bow hunting is adequately regulated and bow hunting is a very safe activity. Mr. Franklin gave the Committee a handout with further information on bow hunting. Representative Matthew Dunlap, Old Town, indicated that this came about � in January of 1997, expressly to provide some opportunity that had been lost years before because of the enactment of no firearms discharge iordinance areas. The first year was done as an experiment in some areas of the State. It was a success, but the participation was not what the department had hoped. It is felt that this is partly because the fee for residents was $40, but for non-residents it was $80. The confusion and concern about the expanded area appears to be because people didn't know anything about it. Because the majority of bow hunters use a tree stand, residents do not usually see them. This seemed ideally suited for areas of high person population. There is an increasing need to address the rising deer population. Mr. Dunlap agreed that more information should have been forthcoming to the municipalities. Charles Sanborn, State Chairman of the National Education Foundation, indicated that last year in this region, they certified 228 bow hunters. This year will be approximately 270 - 275. Classes are held in this area and Mr. Sanborn will get the information about these classes to the Committee. Ed Barrett, City Manager, explained that in the last revision of City Code, staff included the City Forest, ofF Kittredge Road, as a designated City park. This is traditionally an area where individuals have bow hunted, but it is no longer allowed. This issue may need to be looked at as to what • should be done in that area. There are potential conflicting uses in this area as the hiking, biking, multi-use nature of that area comes up. 3 Councilor Baldacci suggested that it might be helpful if the Department � and the City hold a public informational session. Because the City didn't know about the change, it was difficult to answer questions that residents had. Councilor Rohman also suggested a public hearing be held to give the opportunity for both sides to be heard further on this issue. Chair Rohman thanked everyone for attending the meeting and providing the Committee with information. Staff will look at a cooperative briefing to be held in the future. 2. Continuation of Noise Discussion - Jimmy V's Street Dance of 9/5/99 Jimmy V's held a street dance on September 5t"and Lt. Welch took sound readings at that time. The readings at State and Birch Streets indicated that the day ambient level was 74.1 decibels and at night it was 61.4. The street dance on July 31� was 77.8 and the dance on September 5tn was 57.6. Staff worked with Jimmy V's on their set up and adjustments and management made sure the language was more appropriate. There was one complaint received from The Terraces. In summary, the results showed an overall lower noise level. Mr. Gunther had indicated to staff that there was a noise ordinance in Detroit that should be looked at which was included in the Committee's packets for information. Don Winslow ` explained that most of the calls usually received complaining about noise such as this are received after 11:30 p.m. Fred Gunther, resident of Bangor, commented that in the past, the noise from the street dances has been very intrusive. However, on September 5�" there was no intrusion. He still felt that a simplified ordinance would be the solution. His concern is that there is a proliferating problem with a bar moving in on the fringe of a neighborhood creating this disturbance to his quality of life. Councilor Rohman explained that staff is currently looking at issues in the downtown area. At this time, it is not known that it will be expanded to include this issue or not. Ed commented that their experience is that the number of complaints received is related to a number of variables (direction of wind, the band, sound person, etc.). History shows that these types of problems are solved for a period of time, but the potential is there for it to happen again. This has been mostly with Legends because Jimmy V's is newly opened. In terms of regulating noise, this is difFicult. There are several issues that need to be looked at when drafting this type of ordinance. � Norm Heitmann explained that an ordinance from another state might not necessarily fit what is needed in Bangor. This may be something that should be handled on a business by business basis. If the business has 4 been a problem in the past, the City has control over the special permit. � As part of this permit process, there could be a policy. A record can be kept of the businesses that receive a permit so that the history can be looked at every time they apply for a special permit to see if the policies have been followed. Councilor Baldacci agreed that this would be more effective in the long run and having a policy with the permit gives the Council flexibility and discretion. Readings c�n be taken and weather conditions at that time of these dances can be noted so that it can be determined what factors are present when there is a noise problem. City Engineer Jim Ring feels it would be beneficial if a stafF member looked at the layout before future dances start. Ed also suggested looking at the event permit to cover some of these issues such as a layout map, sound person, the band, etc. A general policy statement could be attached explaining what the City expects of these events which recognizes that there are others who can be afFected by them. StafF will continue to work on this issue and will keep everyone involved informed of progress. 3. Police Department - Program Updates Don Winslow explained that recently the Police Department became involved in new programs that support the community oriented policing efForts. • ♦ Communities for Children: This effort began in 1997 and has been led by United Way of Eastern Maine. It is a grass roots, community wide initiative involving youth, parents, citizens, and youth agencies that have the goal of making Bangor the best place to raise children. Don explained the 6 desired outcomes for this initiative: ♦ Children come to school ready to succeed ♦ Community provides a caring and encouraging environment for learning ♦ Youth have meaningful roles in the community ♦ Children and youth have positive peer relationships ♦ "Families" have positive communication ♦ Community provides positive, responsible role models Don is on the Governor's task force to work on Communities for Children. They have received a grant from the Danforth Institution and Don recently returned from St. Louis where technical assistance was given. The task force is in the process of identifying people to serve on task forces that will address each one of these desired outcomes. Ultimately, Don feels there will be a lot of prevention-type programs spun off. Some are already in existence that will get added • support and some new programs that will help support efforts to get to these outcomes. On October 20th there will be a community wide forum designed to promote these efForts and motivate the community s members into action. Councilor Rohman asked how this ties in with • the Police Department? Don explained that this supports the City's community policing philosophy in building partnerships and relationships with groups that are trying to do things (safety programs, etc.). ♦ Triad: This program consists of three organizations working together to reduce the criminal victimization of the elderly. The partnership includes the Police Department, AARP and the Eastern Agency on Aging. On September 8t", District Five of the Maine Chiefs and Sheriff Reynolds held a ribbon cutting ceremony and an agreement signing at the Bangor Mall that officially endorsed TRIAD for Penobscot County. Surveys are being mailed to elderly populations to get feedback from them to determine what their concerns are. The information received so far indicates that they are concerned with fraud and safety. Once all the information is received, the partnership will begin looking at what can be done to address these concerns. Councilor Rohman asked with regard to the expanding population in the downtown area of the elderly, is it possible to isolate this group for the survey to get their particular input to see if their concerns are different? Don answered that the Eastern Agency on Aging has taken the lead on the surveys and he will check with them to see if they can extract that • data. Ed suggested that they might want to do an additional one for the downtown area. ♦ R.A.D. (Rape Aggression Defensive) Systems: This is a basic self defense program designed to help build a woman's confidence and reduce her level of fear. The program runs a minimum of twelve hours, however additional hours are recommended so that the students can practice their techniques. R.A.D. has been in existence for 10 years and is being taught by over 3500 instructors in the US and Canada. Over 100,000 women have graduated from the program. Cathy Rumsey from the Bangor Police Department, is currently the State of Maine Coordinator for R.A.D. Instructors. Cathy will be running a pilot program beginning on September 20, 1999. The course will be offered to female employees at the Police Department and police officer family members. Some equipment costs will be needed to get started ($3,000-$4,000). Officer Rumsey has been looking into funding sources and indicates that they may be available through the Violence Against Women Act federal funds. 4. National Child Safety Council Solicitation • This is a reputable nationwide non-profit organization that solicits funds from businesses only and uses the money to produce child safety literature. The National Child Safety Council has worked very well for the 6 Department in the past by providing informational materials to hand out • (coloring books, school bus safety, etc.). There is no cost to the Department for this and approximately 90% of what is raised stays in Bangor. In order to receive the materials, the Department is asked to select what best suits the local needs and to provide a letter of introduction to the representative which endorses the program. Don included a draft of the letter for the Committee. 5. Management Plan - Citv Forest Arthur Stockus, Director of Public Works, explained that submitting this plan opens the door for additional funds in the future. There is a minimum of $300,000 in additional work on the City Forest that could become eligible depending upon what the Maine Forest Service thinks of the plan as adopted by the City. The management plan was prepared by Charles Simpson, a Maine Licensed Professional Forester who is highly respected in the State of Maine. Once the Maine Forest Service accepts this, staff can apply for additional funds from $300,000 - $600,000, at a 75/25 match. Mr. Simpson pointed out in the report that the damage from the ice storm was classified as light. One thing that will be pointed out to the Maine Forest Service is that a lot of the inspections that he did in preparing this report was done after some of the cleanup had taken • place. This is done strictly for the City Forest. In order to have Brown Woods, Essex Street Woods and Prentiss Woods involved in the same program, an assessment for each would need to be done. The objectives in the plan are to improve the appearance of the forest, have it serve as an educational tool and to lower the risk of fire because of the dead limbs that exist due to the ice storm. Some of the secondary objectives deal with wildlife protection and enhancement, permanent wood yards, construction of duck boxes and birdhouses and some beaver control devices. This forest is on the edge of a national natural landmark which puts stringent controls on what can and can not be done, particularly in the wet areas. Part of the plan discusses the Tripp Drive and Kittredge Road entrances. Effort will need to be centered on the Kittredge Road entrance and at some point, there will need to be a parking lot and a means of entering the forest easily. Another recommendation was to establish an advisory Committee of forest users. Three years ago staff developed a group to deal with some of the trails that were being developed in Essex Woods and the City Forest. These included a bicycle coalition, hunters, hikers and someone from a bird sanctuary. There is a lot of interest in the forest and there should be an advisory committee with a broader background for insight into plans for the forests. The fourth part of the plan involves a fire protection plan. This deals primarily � with the Fire Department and the monies available for forest fire fighting and training and other things that have been developed within the City forest to aid them. The hunting issue was also addressed in the plan and � the recommendation is that discharge of firearms should be prohibited • entirely and consideration for control of bow hunting is strongly suggested. The City Forest, Brown Woods, Essex Woods and Prentiss Woods were added to the list of Parks in the City Ordinance within which hunting is not allowed. The use of motorized vehicles is another issue that should be addressed. The suggestion is that this type of use be eliminated. Staff requests that the Committee review and recommend this plan to the full Council for adoption. Committee approves recommendation to full Council. 6. Underground Utility Location Permits: - 51V Tripp Drive - Pole #3 Summer Street ]im Ring explained that these are routine permits as required by the PUC. The Summer Street permit is in conjunction with the redevelopment of the Conquest buildings. Tripp Drive is for a new residence being put in. Approved recommendation. 7. Acceptance of Haskell Road Extension � Jim will be preparing a Council Order for formal acceptance of an extension of Haskell Road. This is the road that goes along past Darlings/Ford and Sam's Club. Staffs recommendation is to approve. Approved. 8. Emerson Street Discontinuance Further information is needed for this item. Staff requests tabling until next meeting. Item tabled. With no further business before the Committee, the meeting adjourned at 7:11 p.m. � s