Loading...
HomeMy WebLinkAbout2004-03-24 Business and Economic Development Committee Minutes .' � BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE TUESDAY, MARCH 24, 2004 � � Meeting Minutes � Councilors Attending: Gerry Paimer, John Cashwell, Peter D'Errico, Frank � Farrington, Anne Allen StafF Attending: . T.J. Martzial, Rod McKay, Jim Ring, Ed Barrett �� Others Attending: Brian Ames, Patrick Casey, Bjorn Claeson, Meredith � DeFrancesco, Kirsten Repercourten, The meeting convened at 5:00 p.m. � CONSENT AGENDA � 1. Extension of Lease Agreement with Chet Caney d/b/a Bangor Office Machines at 39 Florida Ave. � 2. Participation Agreement with the Maine State Housing Authority � The Committee approved the consent agenda. REGULAR AGENDA � 3. A eal of Denial of Sewer Line Re lacement Re uest— Kenneth and Nan PP p q �Y Milliken — 25 Randolph Drive ,�, Mar�ial noted that the Millikens, who have owned the property at 25 Randolph Drive for over two years, are appealing the denial of their request that the City r' replace their private sewer service. This denial is in accordance with the City's adopted policy. Mar�ial said that Mrs. Milliken remembers Mar�ial telling her that the sewer line had been viewed with a TV, however Martzial said that � actually the s,ewer line had been snaked. Approximately a month ago, the sewer system failed. Martzial said that according to the policy that the Council had � adopted on February 7, 2001, the Millikens are eligible for a deferred 3% interest loan to replace the sewer line. The Millikens are disputing this process. ,�. Ken Milliken of 25 Randolph Drive said that on August 28, 2002 when they bought his home, he had left a message at the Community and Economic Development Office about having the sewer line viewed by N. He said that he � � ' � and his wife were under the assumption that this was done. Two weeks ago when someone came to do the N, they said that this line had never been done; and that they could not get the TV down into the line. The only access point to get into the line was under the sink, which Milliken said he found when he remodeled the kitchen. Since the septic has failed, Miliiken said that he had to � cut a hole in his new cabinets and open up the line for the N. Milliken said that the line was so plugged up that he has had two companies come in and take care of it. He said that on February 24"', the first company, ASAP, charged $125 � and did not fix the problem. The City of Bangor returned the same day and could not get the TV to go into the line. Palmer asked for an explanation of the damage to the new cabinet. Milliken said that he had to cut a hole in the bas�e � cabinet of the sink, because he had covered over the drain. On February 28 , Milliken had Roto-Rooter come with a 125-foot snake, which cost $281.25. Roto- � Rooter pulled out blue contractor rags similar to the ones found in the house when the Millikens had purchased it. The City returned with a N and found a broken pipe. Palmer asked for a clarification of the purchase date of the home. � Mr. Milliken said that they bought it on.September 12, 20Q1. Milliken asked if it was common practice for the City to N pipes when the house changes hands at request. Martzial said that it is not common practice, but it can be done on � request. Mrs. Milliken said that a seller is responsible for certain things during the sale of a home, and the septic was not fine. She said that when Mar�ial said that the picture looks fine, she assumed that it was from the house and that it � was for what the Mi{likens were responsible for. She said that Mike Perry had told her that the City did not want to put a hole in the kitchen cabinet in order to � take a picture from the house line to the main line. She said that she thought the picture that Martzial had was of the whole line as requested. She said that they were not informed that the N could not go through the whole line. Milliken � said that he had a tele inspection report from the City of Bangor on 3-3-04 which shows that after the sewer line was cleaned there was a broken bell and sand in the line, and at 84 feet there were heavy roots and the N could not get by. He � said that the roots were there prior to the purchase of the house. Milliken read the section of the sewer line policy that states that the City will take full responsibility for any repairs necessary to permit proper long-term function of �� the private sewer line up to 90 days after purchase. Milliken said that 2 �/2 years is not proper long-term function. He said that the sewer line had been working slowly since they purchased the home, but they thought it was because the line � had not been used for a while. Palmer asked Mr. Milliken to continue with his expenses necessary to remedy the situation. Milliken said that the additional expenses are the replacement of the kitchen carpet, $168.95, replacement of the � kitchen base cabinet, and repairs to the line as it should have been. Palmer asked Martzial for his position. Martzial said that his position is that he does not remember discussing TVing the line, that the sewer line was snaked clean and �' was running properly during the sale of the house and has worked for the last 2 . � � � � �h years. He noted that there is a used boiler in the house, and he was � wondering if the Millikens would be in to ask for that to be replaced when it goes. Rod McKay reminded the Committee that the City has sold 52 properties in the Randolph Drive area, and adopted a sewer policy, therefore any decision �, made today may apply to 51 other properties. Cashwell asked for an explanation of the 52 properties. McKay said that when � the military declared 52 properties as surplus on Randolph Drive off from Union Street, the City of Bangor purchased the properties from the federal government with the purpose of rehabilitating them and selling them to individuals who � qualify as low to moderate income. McKay said that contractors repaired obvious problems before the sale. He said that the properties sold within 2 years and if � the purchaser listed areas for repairs, the City tried to resolve them. Due to the issues that were listed, the City adopted the sewer line replacement policy. Palmer asked what the expected total expense would be to the Millikens and the f principal amount of the loan. Martzial estimated $3,000 based on other sewer � line repairs. Palmer asked how many others we have done out of 52. Martzial thought it to be 8-10, mostly collapses of the lines. Palmer wanted to know the sewer line distance and whether it crosses a road. Milliken said that it was � approximately 125 feet to the City main from his foundation wall, and the main is within 15-18 feet of the further side of the road. So the line actually goes under �� the road. Milliken has a note dated 8-28 to Mar�ial inquiring about the line and it is one of the reasons that he feels it should be taken care of under the 90-day provision. Cashwell said that it has been 2 �/2 years; however the question in � dispute is the communication about whether the line was - Ned as requested or not during the process of purchasing. Mrs. Milliken said � that they were told that the picture was okay, and they assumed as a buyer that the line was clear all the way through. She said that it has been more like a year that the line has been a problem, and that a root does not grow in a year's time. � Mrs. Milliken produced a note from Martzial's o�ce that shows that there was a discussion about the sewer line prior to the purchase of the home, from 2001. Martzial said that he could not remember whether they discussed the Ning of the line or snaking. Palmer asked if the houses were sold at fair market value and if sold would�the loan be covered. Martzial said that the Milliken's house sold in the $60,000 price range and would sell for up to $40,000 more than that � now so the loan would be covered. Palmer asked what the interest would be on $3,000, Mar�ial said about $90 per year. Cashwell said that there is some confusion about whether or not the City actually made sure that the line was � clear. He said that if the City did not do what they were supposed to do what would happen. McKay said that the City fixed obvious problems, and the potential buyer had a chance to list any concerns before purchasing a house. He � said that houses normally do not come with a guarantee; however the City sold these houses so we came up with a policy to help cover any problems. McKay � � / � � asked Martzial that if there were no observed problems, would the sewer line stili be TVed. Mariziai said that normally we would snake the line, and if a probiem, then we would request a N. Mar�ial said that he does not recall a specific � request to do the TV on this line. McKay asked if there had been any situations where someone has come back with a sewer problem and the City has issued a .� loan. Martzial said that there have been 8-9 loans in compliance with the policy. Palmer wanted to know how the interest is collected. Martzial said that we do not require payment on the interest until the sale of the home. Mar�ial said that � , there should be a clean out in the drain, and that it should not be covered up. Milliken said that the Ioan program has been made available to them, however, he feels that the City is responsible for the damage. He presented a letter from �_ Mike Perry that lists seven other properties that had their sewer lines fixed. He noted that a City employee that has a home down the street asked for the TV to � be done before she bought the home and there was a problem and the City fixed it. Milliken said that this shows that the City is willing to fix problems, that he had requested to have something done. The City used ASAP, which has a snake that goes a maximum of 98 feet; however the clog was beyond the 98-foot �� mark. He said that ASAP did not tell him that their line did not go beyond 100 feet. He said that the City should be willing to take care of the problem for us. � He said that as a potential buyer he had requested that the sewer line be checked and that he did his part and the City shoufd replace the line at no charge and no interest to him. Cashwell wanted to see the purchase and sale '� agreement. Palmer asked if there was a middle ground. Milliken said that he thinks the City should replace the line and reimburse him for his expenses. � Palmer wanted to know if this had come up at 5-7 years would he still feel the same way. Milliken said absolutely not. Palmer wanted to know at what period of time it would have been acceptable to him. Milliken said that long-term � function should be at least 3 years due to the loan program. Mrs. Milliken said that she disagreed with her husband on the 5-7 year mark, that she still feels the same way, that they asked for something to be done before they bought the � house and it was not done. Cashwell noted the verbiage on the purchase agreement indicating that the seller was not responsible for the sewer line. Milliken said that the Economic Development Department has a policy regarding � sewer lines, which overrides the agreement. Milliken noted that this was the last home to be sold in the area and perhaps the City moved too quickly. Ring said that the main sewer line is the City's responsibility, and the connections to the � mains are the property owners responsibility. Cashwell said that the curiosity in this is the call in August prior to the sale that says to check the sewer. Palmer - said that the City and the buyer were not aware of the problem. He � recommended that we table this item for 2 weeks to discuss the issue with Legal to reach a common ground. The Committee agreed to postpone this issue until , the next Business and Economic Development Committee meeting. Milliken �. thanked the Committee for their time. . � � � \ � 4. Review of Penview Watertront Residential Condominium Project Preliminary Plans � McKay said that the preliminary plan submitted to the City for review is � acceptable. He said that the City's charge is to review the overall site layout plan. The agreement calls for a minimum of 28-32 units, a minimum investment and a timetable. Mr. Ames introduced Patrick Casey, the project architect and � manager on the project. He said that they hoped to begin construction this summer. Casey presented the drawings for the project. He discussed the design and how it was to take advantage of the sweeping view of the river and �, the park. The building is designed for underground and area parking to provide for 2 cars per unit on site. There will be approximately 8 units per floor, with � four different unit types. The exterior will be an earthy brick color with green accent. Cashwell asked what the Committee was being requested to do in regards to tonight's discussion. McKay said that at the conclusion of the discussion the Committee would either approve or disapprove the preliminary ,� plan and/or suggest changes. Ames said that in the next couple of weeks, they would be going before the Planning Board as well. McKay said that the only � issue is that the City would lose parking spaces.in the City parking lot and that the City has an agreement with Hutchins for 30 spaces. McKay suggested a _ stairway connecting the two lots rather than a roadway, or developing more on site parking. The Committee discussed the discontinuance of Summer Street and � how it might afFect parkin . Allen asked about how the entrance and exit would 9 affect traffic on Summer Street. Ring did not think that it would adversely affect � the existing traffic. Cashwell asked if the Planning Board would deal with the through way versus stairs for the additional parking. McKay said that this Committee needs to decide whether this should be a drive through or a walkway. � Ames said that this is certainly something that they could incorporate into their plan, and would prefer to have visitor parking on their own site on the corner lot. � The Committee approved the plan with the revision of a walkway rather than a drive through roadway connecting the parking lot to the project. � 5. Bangor Clean Clothes Campaign Representatives of the Bangor Clean Clothes Campaign have requested the opportunity to brief the Committee (and our � newer Councilors) on their program. Bjorn Claeson of Bangor Clean Clothes and PICA introduced the other members � of the Bangor Clean Clothes Campaign. Claeson said that his PowerPoint presentation is 20 minutes long. The group presented the realities and issues in � regards to sweatshops and Bangor's policy on this issue. The City of Bangor adopted one of the first clean clothes purchasing policies in the nation, and the r �� � � State of Maine became the first state to adopt a similar anti-sweat shop law. There are now 6 clean clothes purchasers in the State of Maine. � Allen suggested moving this item to the Finance Committee as a working issue to determine the best resolve. Claeson clarified that the Finance Committee along � with David Pellegrino, the Purchasing Agent for the City, would be willing to discuss options regarding the Clean Clothes Campaign. Farrington suggested that Claeson come during a bid process with a company whose clean clothes � policy is in question. 6. Review of Changes to Grandstand Proposed by Penn National � Barrett noted that Fred Nichols is representing Penn National and that the conditional license issued for Bangor Historic Track required renovations to the � Grandstand at Bass Park. Barrett said that the work involves adding new mutual windows, reestablishing the doorways to provide access from the grandstand to the track apron, and updating portions of the electrical system in the grandstand. � He said that Nichols could talk about the changes, and this Committee does need to approve these changes under the terms and agreement of our development � agreement and initial lease. Nichols discussed the security stockade fence from the barns to the paddock � area. During the installation of a new water main, quite a bit of asphalt had been torn up and requires repair. He said that there are no longer frost heaves inside the facility. The facility has carpet, insulation, heat and handicap � accessibility. May 21� is opening night and the Council is invited. Palmer asked what the previous owner was thinking when the company decided � to remove all of the mutual windows. Nichols said that in his opinion, there is an age difFerential in the slot bill where the minimum age is 21, but at Harness Racing it is 18. He said that there was interest on the part of the former owners �, to get the slots up and running as soon as possible, and to comply with the age differential, the area was sealed off. Nichols said that they will have 6-foot long viewing windows. � Palmer concurred that at Penn National in Charles Town, there were a number of � patrons in wheelchairs. He asked if the Council could get a preview before opening day. Nichols said that it would be possible in about 10 days. The Committee approved the changes to the Grandstand at Bass Park. � � ' ,� � I . ,� The Committee voted to go into Executive Session. � 7. Executive Session — Property Disposition — Slager Property on Union Street � The Committee discussed the matter in executive session. 8. Committee Action on Above Item � No action taken. � 9. Executive Session — Property Disposition — Union Place (Separate memo provided) � The Committee discussed this matter in executive session. � 10. Committee Action on Above Item The Committee directed staff to schedule presentations by the two proposers on � this project. ` 11. Executive Session — Property Disposition — Curve Street � Penquis CAP is expanding the space they occupy in the Weber Oil building on Harlow Street. We have been approached by Weber Oii regarding the possibility �. of providing additional parking on Curve Street to support this expansion. Terms and conditions of a potential agreement were discussed in executive session. � 12. Committee Action on Above Item � The Committee directed staff to continue negotiations and, if successful, to present an agreement to the full Council. � � � � ,� �