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HomeMy WebLinkAbout2006-11-28 Government Operations Committee Minutes � Govemment Operations Committee � November 28, 2006 Agenda � Councilor Attendance: Hawes, Alien, Greene, Gratwick Staff Attendance: Barrett, Farrar, Winslow, Arno, Hamer Others: � CONSENT AGENDA � 1. Authorizing Application for and Acceptance of a $30,000 Grant from the Maine Office of Substance Abuse for the Purpose of Strengthening Substance Abuse Prevention Systems in Piscataquis Countv . � � A motion was made and seconded to approve the Consent Agenda. , The City Council recently approved a companion Order regarding a $30,000 Maine Office of Substance Abuse grant for Penobscot County. OfFicials from Piscataquis County, with concurrence from the State, have recently approached the City to inquire whether they could � join with the Penobscot County effort. Given the fact that Bangor already serves Penobscot and Piscataquis counties for WIC, Immunization and STD programs in addition to the proximity of the counties, staff recommends that Bangor assume lead grant coordination for Piscataquis � County as well. If recommended by the Committee, this would proceed to the full Council for final approval. , REGULAR AGENDA � 1. Plaving in the Streets and Use of Portable Basketball Hoops within City Right of Ways Barrett explained that over the past several weeks, the Council and Government Operations Committee have held discussions regarding the use of City Right of Ways for various � ball playing activities, particularly basketball. The placement of portable basketball hoops has been a primary concern, with residents both opposing and supporting their use along the sides of streets. Most recently, the full Council held a workshop to review various options and to � provide an opportunity for proponents and opponents to speak. Following considerable discussion and participation, the issue was referred back to the Government Operations Committee for consideration and recommendation to the Council. Included in the agenda � packet are memorandum from Assistant City Solicitor Hamer, one from Police Chief Winslow and one from Parks and Recreation Director Comeau. The memos addressed issues and questions raised from the previous Council Workshop Session. Barrett also provided another � copy of a memo outlining various options for Council's consideration. Hamer said the Maine Torts Claim Acts shields the City from possible City liability from � allowing basketball playing on streets. Hamer said a question had been raised at a previous meeting regarding disorderly conduct. Title 17A, Section 5.1 describes it. He said it is difficult for the police to use this statute as it is fairly difficult to get the necessary proof. Generally 1 disorderly conduct is intentional or reckless conduct which results in unreasonable annoyance/ noise. Regarding noise, there is a perception that the City has a noise ordinance and it does not. Certain activities have noise regulations as part of them such as motor vehicles and � amplified sound but there is not a general overall noise ordinance in effect. Part of the reason . � � the City does not have a general noise ordinance is that such ordinances generally regulate � volume and volume usually isn't the issue. Winslow said that he was asked find out how other law enforcement agencies handle this situation. It was not surprising that none of the departments checked aggressively or � routinely enforce the ordinance. As with Bangor Police Department, most respond to complaints as received. Winslow mentioned his earlier concems about the danger of kids of playing in the streets. None of the agencies he spoke with could recall an incident whereby a � child was hit while actively playing ball in the street. He summarized his findings after speaking with 7-8 agencies. Portland has an ordinance which places reasonable restrictions on the activity, limiting it to particular times of the day, residential streets and gives the police. � department authority to stop the activity if property is damaged or consistent problems. City Manager Barrett drafted Bangor's proposed ordinance based on Portland's. Lewiston does not have an ordinance and relies on State Statues. Augusta has an ordinance similar to Portland's. � There is a provision in Augusta's which gives the chief authority to give permission to a group to play ball. Scarborough does not have an issue with the ball playing and does not have an ordinance. Waterville has a very old ordinance that prohibits the activiry. Waterville does seem � to receive a number of complaints and are interested in following Bangor's recommendations for this issue. South Portland has an ordinance and will only look into it if traffic is being obstructed or the officer fees it is unsafe. Old Town does not have an ordinance. Their chief � could not recall any complaints. Gratwick spoke about the problem of noise in areas other than basketball playing. He ' asked how much of a problem it is in Bangor and how it is enforced. Winslow said it is a very common, every day complaint but most are related to bars, loud music in a neighborhood, and very limited about kids playing basketball in the streets. It is usually associated with language , � and the voices. As to how it is enforced, the Police Department relies on the disorderly conduct statute which requires proof that the activity is intentional and unreasonable. . Comeau said there are a number of futl and half basketball courts and hoops in City � � parks. He spoke of parks that previously had courts as well. His best guess is that courts were removed 12-15 years ago basically because of the problems of noise from older kids hanging out late at night in the parks. When searching for a skateboard park a few years ago, Second � Street residents brought up the basketball noise issue. Unless the courts could be located away from residential areas, Comeau does not recommend basketball courts in City parks. Staff also � feels that padding courts in parks will not solve the problem. He spoke of a variety of programs ofFered throughout the City, the Schools and the Y programs for basketball. . Allen asked if the hoops at Mary Snow and Dakin Park are available to individuals to � year round. Parks and Recreation does not plow the courts but they are accessible. Responding _ : to Allen, Comeau said there is one school that removes its hoops at night due to vandalism. � Barrett said there is an ordinance on the books that prohibits playing in the streets and the Legal staff has advised that it is unenforceable. Staff is looking to the Committee for � guidance as to what, if anything, it would like to see placed on the Council agenda. The current ordinance can be revised and stafF would look to the Committee for direction on how the Police Department should enforce that ordinance and what approach to take toward enforcement. The second option is to allow athletic games on the streets under certain circumstances. The � third option is simply to repeal the existing ordinance and to rely on State Statues in terms of disorderly conduct or blocking passage of vehicles. � � � � � Before opening the meeting for public comment, Hawes indicated this item has been � before the Council several times. She asked for those who have not previously spoken on the issue to come forward perhaps bringing new information. � Ken Johnson, 51 Grant Street, spoke about the safety aspects of playing in the streets. Speaking of the three portable hoops on Grant Street, he indicated that all three homes have long driveways and farge backyards and one has moved the hoop to the back of their driveway. He feels that safety is the major concern. He doesn't think it is right for the City to say it is � okay for parents to tell their kids to play on the street. � Vicky Karlsson, 9 Linden Street, said that one aspect that hasn't been addressed is that of children being allowed to play basketball in the street then why can't they be doing anything in the streets. There is nothing regarding age and mentioned unsupervised children in her . ' neighborhood riding tricycles in the streets. If this ordinance were permitted, she asked where � the line is in terms of age, should there be supervision, etc. � Chris Popper, 131 Grant Street, said that playing basketball is fostering families. He spoke of the inconvenience of going to a school or park area to play as opposed to staying at home. Responding to Mr. Johnson's earlier comments, Popper indicated that his son in a � wheelchair is not able to play on grass. She said the group needs to be cognizant of the fact that this issue has been discussed on numerous occasions. The Committee wants to hear from citizens but was hoping for new information. Popper said that as issues continue to be brought � forward they need to be countermanded. At some point, he said that parents have to take parental responsibility. � A Hermon resident who works in Bangor spoke. Penquis CAP has a community mediation program that deals with these exact types of issues that could help solve neighbor to . neighbor problems. � Responding to Allen, Barrett said the draft ordinance requires that any temporary structures (portable hoops) located in the right of way be removed during the period from November 1 through March 31. ` � Hawes a reed with Po er that it is time to at least mak r g pp e a ecommendation to go � forward to the full City Council. Allen made a motion to move the recommendation forward to. full Council that would curtail temporary structures focated in the right of way between November 1 and March 31 to accommodate the snow removal with the understanding that access by made available at Mary Snow and Dakin during school vacation weeks. Hawes �� clarified that it is Option 2 as outlined by the City Manager. The motion was seconded.by _ Greene. �' Greene said that the current ordinance is clearly not enforceable. He likes to see kids playing outside but obviously safety is an issue. He believes it boils down to parental responsibility. A few bad apples should be allowed to spoil the barrel. He felt that option 2, � moved by Councilor Allen, does place reasonable time restrictions, snow removal issues, and will put teeth to the noise issue. � Responding to Hawes, Barrett said that interested citizens were made aware of the various options. � � � Gratwick said that he felt the issue has been very well evaluated and there is merit on both sides. His opinion is that the problem could change from neighborhood to neighborhood ' from year to year. He agreed with parental responsibility. Allen talked about the issue of child accessibility as well as parental responsibility. She � feels that option 2 covers these concerns. As the motion was made and seconded, Hawes confirmed that the item will go forward � to full Council with a recommendation for approval of Opfion 2. Barrett explained that this is an Ordinance amendment so would appear on the next Council agenda for first reading. It would then retuen to the Council for a second reading and an actual vote on December 27. � Given the nature of the amendment, Allen asked if it would be possible to do a first and second reading at the December li"' meeting. Barrett said there is a procedure to waive a second reading if the Council feels a good reason is in place and it requires a 2/3 vote of the Council. � Allen made a motion that the waiver be included as part of the motion. The motion was seconded. The second reading will be waived and the actual vote taken at the December 11 Council meeting. Hawes explained that the waiver was requested since the item under � discussion has been a long term issue. -There has been a lot of time and effort expended from the citizens and the Committee would like to move it forward a bit sooner. Gratwick asked if there was a compelling interest to do so. Hamer said there is if the � City says there is. Popper said it would appear sufficient reason to waive the issue given the fact that there is no ordinance on the books and to insure for safety of snowplowing. � 3. Proposed City Ordinance—Article DC Sections 291-70 and 71, Smoking in Motor Vehicles Over the past several weeks, several interested citizens, health care practioners and �� others have been working to develop a proposed City ordinance that would ban smoking in motor vehicles when any person under the age of eighteen is present. As proposed,the � Ordinance may only be enforced if a law enforcement officer has detained the operator of a motor vehicle for a suspected violation of another ordinance or law. Hamer discussed a draft Ordinance staff has been prepared incorporating those � provisions sought by the group working on the issue. It would prohibit smoking in motor vefiicles when there is a person younger than 18 years presen�. It doesn't matter if windows � � � are up or down. The violation would be a secondary violation. You would not be pulled over by law enforcement if you were seen smoking in a vehicle but, if you were pulled over for�another • issue and found to be smoking with a minor in the car, the driver could be charged with violation. The fine would be $50 if convicted and the officer would have opportunity to provide � a warning to an individual prior to issuing a ticket. Candy Guerette, President of the Bangor Region Chamber of Commerce, presented the � Chamber's position on this item. Both the Chamber Board and its Governmental AfFairs � Committee has reviewed the item and it passed unanimously at both levels. The Bangor Region � Chamber of Commerce has become a first Well Region in the nation because of health issues . . and its work with area businesses to become healthy work sites. She encouraged the City to become more involved in that program. She presented a copy of the Resolve passed by the � Chamber. Responding to Gratwick, Guerette said the Chamber has not taken previous positions � on health related issues. Dr. Jonathan Shenken, Pediatric Dentist and resident of Bangor, addressed the � Committee. He discussed controlling secondhand smoke exposure with Bangor's children. He � � � gave a brief history and provided copies of a table from the Surgeon General's report which was � published in the summer of 2006. He spoke of the repott's finding on the impact of secondhand smoke on children when looking at the level of nicotine in their blood. Children are more impacted than adults. There are laws in place that protect adults drinking alcohol in bars, � protect adults and some children in restaurants and in the workplace. There are no laws to protect children. He felt this was an opportunity for Bangor to be the first to address the issue to try to improve the lives of children in Bangor. � Gra�inrick asked about the experience of two other states in the south and how this has worked in those states. Shenken said the law was first passed in Arkansas and was followed by � Louisiana. The one suggested for Bangor has a much higher age threshold than the other two states. Shenken has spoke with legislators in both states and they indicated it was very easy, � no restaurant or industry opposition, and the local law enforcement has been a willing � participant in the process. In Louisiana, there have been just a few tickets written thus far as the police are attempting to educate citizens about the law. � Farrington asked if this included all confined areas or just motor vehicles. Sheinken said that it just motor vehicles. The Surgeon General's report showed the level of nicotine in children's blood from all sources, not broken down as to where it came from. Responding to � Farrington, Sheinken said there was a recent study published by the Harvard School of Public Health looking at measurements of secondhand smoke particulate matter, which is a dangerous product of secondhand smoke. The report looked at what happens when a vehicle window is � . rolled down, when a window is cracked open, and consider 250 micrograms to be hazard to everybody. If a window was cracked, particulate matter was measured at 272 micrograms. Even with a window open, there were unsafe levels of secondhand smoke. � Allen asked if the study reflected use of various brands and qualities of cigarettes. Shenken said he was not aware of it. Allen asked what laws govern a city or have precedent over the privacy of an individual's home or vehicle. Hamer said the City has general police � powers which can regulate public spaces. Vehicles traveling on public roads are subject to this type of police powers. Entering an individual's home would be a different situation and Hamer would not advocate such an ordinance dealing with a personal residence. Allen asked about !, input from tobacco companies. Shenken said he did feel he needed to contact them. Allen asked what the City needs to combat a private body as opposed to working with them. Shenken referred to a recent study of the American Journal of Public Health looking at the role � of the tvbacco industry in educational efForts and most of their educational efforts were marketing tools for smoking. He said this is not a law to punish citizens but to educate them. � Hawes asked why the City shouldn't go the route of public education first and then align with the partners for health and using some of the available tobacco funds to teach all parents the hazards of secondhand smoke. She referred to individuals who may not have the $50 for a � fine and the possible effect the child could suffer; i.e. lack of ineal. Shenken said many studies look at parental responses to physician inquiries about smoking habits. A huge disparity was � found between what parents said and the truth. The reality is that parents know what they � should not be doing already. He said it took some time to change people's habits with tobacco in public environments. Hawes asked about obesity and the lack of physical activity and all of the other things important to child rearing. Shenken agreed they were valid issues that need to � be dealt with in the future if not currently. One of the things about smoking versus obesity is that tobacco use is very cut and dry and we don't know what to do about obesity yet. � � . � � Allen asked about the economic impacts of the law and asked if it has been researched. Shenken feels that passage of such an ordinance woutd make Bangor a heaithier place to raise � a child and hopes it would make it an even more attractive place for individuals to relocate to. He doesn't think that individuals would by-pass Bangor because of such an ordinance being in place. Allen said that a fine might make one by-pass Bangor. She spoke about current tobacco � free areas around parks which are directly child-related and now the City might go to motor vehicles. Shenken feels that there are certain issues to be dealt with as a community to make lives of younger people healthier and to give them a brighter future. �� � Hawes indicated she has serious concerns about this issue becoming an ordinance. Responding to Hawes, Amo said by that virtue of design of the ordinance dictates there has to � be another violation present in order for a vehicle to be stopped in the first place. On a list of police priorities, smoking in vehicles would be relatively low: The amount of time an officer would need to issue a warning, if an individual was stopped for another violation, it might take � a couple of extr-a minutes. Arno said it wouldn't add a lot of extra time to an officer's day. Greene said the issue is basicatly a common sense issue. He referred to the parental � responsibility discussed with the basketball issue. Greene asked Shenken about a funding mechanism to educate the public and visitors coming to the community who are unaware of . . this ordinance and receive a citation. In terms of visitors to the City who might receive a � citation, Shenken said it is at the discretion of the police officer who doesn't have to give a ticket. The educational tool he hopes to use is signage entering the City and it is at the discretion of the City in terms of informing individuals and applying the ordinance. Greene said � he feels that Bangor should not be the'heavy handed'government and is concerned about the educational aspect of the issue. Shenken agrees that parent should know what is best for the � children but unfortunately they do not. � Allen said she would like to see the matter go into a public health campaign. A parent driving while using a cell phone or drinking soda is just as dangerous. She agrees with � Greene's comments about a�heavy handed'government and Bangor being an isolated community. She suggested working through the school systems and let the kids tell the parents not to smoke in a vehicle. � Skenken said that parents have been talked to about this issue by the medical community. The medical community feels it has hit a wall in terms of educational processes � with their patients. He asked who would pay for a public service campaign. Allen suggested tobacco money could be used. Hamer said that sometimes having a law on the books is a portion of an educational program. � Paul Shapero, allergist in Bangor, provided background information and two specific - � cases. He presented the medical aspect and information from the US Department of Health � and Human Services. There is no safe level of cigarette exposure for one's health. The effects on children are easier to induce because of the rapidly developing child. The second hand cycle initiates medical problems. The US Surgeon General has concluded that second hand smoke exposure is preventable and a smoke free environment has proven to be safe, simple and , effective intervention. He said that complete separation of children from second hand smoke is � the best choice. He endorsed the effort to eliminate smoking in vehicles where children are present. � Gratwick mentioned the cost of the $50 fine and the potential money lost to the . . community by individuals bypassing the City. He asked Shapero the estimated cost of smoking � related diseases amongst children and the general population. Shapero said in the US�it would • � � be in the billions. In Maine, it is expensive. In Bangor, asthma is the most common cause for ER visits and children being out of school and needing medical attention and it is very costly to� families, the City of Bangor indirectly and the State directly. He estimated a $1,000 per ER visit. � Patry Hamilton, City's Health Department, spoke regarding the education campaign. In her twenty years with the City, the Department talks to every parent they see about smoking in � the homes. She agreed with Shenken in that the issue has been addressed with parents and there is a wall. She felt an aggressive action is needed to make it happen, to make people understand that it really is dangerous and harmful and there are consequences to causing harm � to one's children. Allen asked if there are other forms of campaign other than a pamphlet, as referred to by Hamilton. Hamilton referred to the Health Maine Partnerships. It's an evidenced � based practice in physician offices where smoking is addressed. Hamilton doesn't feel it is a � � heavy handed ordinance. Allen continued to talk about education and asked if there is currently a tv ad against smoking in vehicles. Hamilton said she wasn't aware of one. Shenken pointed out that the current educational campaigns in other areas (seat belts, drinking while driving, � etc.) are based on laws. Health education unfortunately doesn't work with a lot of people, Shenken said. � Cary Weston, Kenduskeag Avenue resident, spoke about the opportunity the City has to step up and do what is right for voices that can't speak for themselves. The reason there are tv ads is because of the billions of dollars coming from the very companies that poison individuals. � If the ordinance passes and becomes law, it is no longer an opinion and it could then be taken to the school system. He urged the Committee and the Council to move forward with the ordinance passage. � Dr. Peter Millard clarified that enforcement of seatbelt laws in Maine is a second enforcement. Tobacco smoke is a leading cause of preventable death in the US. Maine is one � of the few states that have taken a serious efFort to control this severe epidemic. In 1997, 39% of high school kids were smoking. Maine was the leading state in high school smoking. As a result of many different efforts, currently 16% of high school kids are smoking in Maine. He referred to the efForts of the Healthy Maine Partnerships and public education campaigns. The � cost of smoking to the City of Bangor is astronomical. He asked the Committee to look at the big picture. � Allen said she thought the City did have a (aw about children in ear seats. Amo said there is a statewide law, but in order to be cited for seatbelt violations you first need to be stopped for a separate primary violation. The same stands for a child in a car seat. Responding � to Allen,Arno said that smoking in vehicles would be treated the same way— a secondary violation. � A Penquis Community Action Program employee spoke about their home visiting program for first time families,visiting about 258 families per year. About 70 of these are in . Bangor. She did a survey of 68 first time mothers asking questions about smoking. Of that 68 � � asked, 44 of them either smoked themselv�s or lived in a home where there was a smoker. The survey asked if children were being exposed to secondhand smoke and wl�y did the mother or partner smoke. She feels that Penquis CAP has made a tremendous gain in getting past the issue of smoking in the home. It is a tremendous education tool. The most common reason for � smoking is stress. � Hawes thanked all for participating and presenting information for the Committee's review. She then entertained a motion. Allen made a motion to move the item to full Council � � for discussion. It was seconded. Allen then asked if the item should be moved to the December 11 meeting or into the new year. Barrett second the second reading would be held � on December 27�', which isn't the best time given the holiday schedules. The first reading could be on the 27�' and then the second reading on January 8, 2007. Allen made a motion that the item be moved to the December 27th meeting to be first read. The motion was � seconded. Barrett said that the basic notion behind first reading is that it serves as a notice to the public that the City Council is considering taking certain action and giving folks an opportunity to learn about it and to express their opinions between the time of first reading or � at the Council meeting at which that item comes back for actual action. A motion was made and seconded to adjourn. � � � � �- � � � � � . � . . � � � �