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
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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.
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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
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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
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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
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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
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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.
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