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MANAGER’S REPORT For Council Meeting Tuesday, February 19, 2008 TO: MAYOR AND HONORABLE CITY COUNCILORS FROM: Joseph J. Slocum, City Manager DATE: Friday, February 15, 2008 Non- Agenda Items: Enforcement of sidewalk ordinance in the Downtown Area: In November a local businessperson came to City Hall and raised a strong complaint that over the last 10 years the City has not adequately enforced its ordinance requiring property owners to remove snow from the sidewalks adjacent to their buildings. He brought in past letters, newspaper articles to reinforce the fact that this was a longstanding problem. He asked me to send the Police Department to visit the negligent business owner’s downtown to enforce the law. I asked this businessperson for an opportunity to discuss this with the “Downtown Business Group” but I have yet to have the pleasure of meeting those people. In December I advised the Council that the Charter requires me to see that our laws were enforced and that it was my intent to enforce this one. I intentionally did not raise this issue with the downtown community before the New Year, as this is the busiest time of the year for retail shops and not a good time to fix a 10-year-old problem. After January 9th I announced through the press that a letter would be sent to all property owners in the downtown area to thank those who had complied with this law and to remind the others of the law and to let them know we would pursue an enforcement mechanism that could require them having to reimburse the City for expense incurred due to their failure to comply. I also actually reviewed the City Code, which specifically says that the City Code Enforcement Officer should enforce this law. The law itself is poorly written, as was made clear to me in the half dozen follow up meetings and phone calls I had with various owners of these downtown buildings. Here are the ambiguities in the City Code: 1. ”shall remove within a reasonable time after snow ceases to fall in the daytime and before 10:00 in the morning on the first day after a fall of snow in the night”. Since there is no definition of what constitutes a reasonable time I am only enforcing the ordinance when there is snow on the sidewalk after 10:00 a.m. from the day before because that much is clear. Most of the storms this year have snowed all day- on and off. 2. “the owner thereof shall before 10:00 in the morning on the first business day after a fall of snow” … The word business day is not defined. Lack of clarity in a law or contract is legally construed against the party who wrote the law or document. In this case that is we as the City. Hence I can’t arbitrarily assume the next business day includes either a Saturday or a Sunday. Some businesses are open these days- many are not. 3. “the…persons having
care…of any building… adjacent to public sidewalk… or the owner thereof,
shall remove from the sidewalks so much of the snow and ice as will create
reasonable passage sufficient for pedestrian traffic ”. If there is no building
there is no requirement to remove snow from the sidewalk. Hence several downtown
owners who have parking lots with no actual building adjacent to the sidewalk do
not feel that this is the area the ordinance requires them to shovel and they
leave it. I have met or spoke over the phone with about a half dozen concerned business owners and it was an enlightening discussion. One property owner advised me that they did not own the sidewalk and how could a City demand that private property owners take care of public property? It was a good question. I went to the City Assessor’s Office and after a significant review on their part we have confirmed that indeed, for most of Main Street area, the City literally owns from the brick face on one side of the street to the brick face on the other side of the street. I contacted MMA Legal for their opinion. They advise that there is a specific State Statute 30A MRSA 3009 (1) (A), which authorizes municipalities to order adjoining property owners to maintain the sidewalk. The owners I spoke to also raised several non-legal policy concerns: - Why do we have to clean the sidewalks in front of our buildings when the rest of the City does not? - The City plow-trucks pile up snow for clean up overnight on parts of the sidewalk making it harder for some building owners to comply! - Do we have to shovel even when we are closed? - It’s more efficient for one entity (the City) to do this then having 88 property owners trying to do this in their random sequences! At your last meeting I secured funding to hire contractors to do this work so I can charge back the owners when they fail to comply. I have met with Bob Richards at Public Works so that we will clean the “gray” areas and only the corners. I have met with Code Enforcement Officer Dave Studer and we are prepared to enforce this ordinance under a conservative interpretation of its ambiguous language. This is a long story about a seemingly little problem. I am glad that I did not “just send in the police” or just dump this on the Code Enforcement Officer. This is a good example how a poorly written, poorly communicated law and action of the City can create a nightmare for many. Since January 1st, I have spent more time on this issue than any 4 of the goals the Council defined in December. This is another reason why I recommend that we spend some time reviewing what we do now to make sure it is the way we want it to be before we go and add on more. Economic Development: I met with State Department of Economic Development Director John Richardson, Matt Jacobson of Maine and Company, Alan Hinsey of Knox Waldo Economic Development Council (KWRED), Chamber representatives from Belfast, Camden and Rockland along with Rockland City Manager Tom Hall and State Representative Chris Rector in Rockland last Monday. Here is what Commissioner Richardson and Matt Jacobson had to say: 1. There were 90 visits to Maine by athenahealth representatives before they announced they would come to Belfast. Having available assets was a big attraction as companies are waiting until the 11th hour before they are committing to a location and by then they need to either move in or get into the ground immediately with no local hassles. Uncertainty in the ability to develop property or “local difficulty” in responding to development is very important to a successful business attraction plan. Communities need to identify what they are willing to accept. They stressed that the Pine Tree designation, which saves a prospective employer a lot of money on payroll taxes for 10 years, is very important to companies and it essentially gets us competitive with most other states. 2. The most important message is the State’s shortage of labor that would attract new businesses. We are literally in a world wide competition for new jobs and new markets. The world has changed and Maine needs to adjust to the new realities of the Global Marketplace. Blue-collar jobs are getting harder and harder to maintain because transportation cost of goods is very high given our location. New companies will not come or expand to Maine unless they believe there is a labor pool here that can provide them with the quality of skills they need to succeed. If you have the building, a beautiful place to relocate to- it all goes down the drain if you do not have a skilled labor force that can help the new company fulfill its mission. 3. Working with the State in the future; Commissioner Richardson said they are reformatting their work efforts to work more closely with the 6 Regional Development Councils. This means that we will need to synchronize ourselves as a City with Eastern Maine Development Corporation (EMDC) even more tightly than we have in the past. Presently the City enjoys an excellent relationship with EMDC. The City’s participation in KWRED and former City Manager Terry St. Peters seat on their Board are but two examples. Our coordination with EMDC will take on new significance with the State. It will likely involve more than personal contacts. The State and the outside world will be looking for consistency with regional development goals. This brings us to EMDC’s annual discussion of their Comprehensive Economic Development Strategy. It is important that Belfast’s Economic Development Strategy, however we define it, is represented in this regional strategy. On February 28th at 10:00 a.m. I encourage you to join me and meet with officials from EMDC here at City Hall. We will have an opportunity to offer input on what we think Regional Economic Development should look like. Here is the information on this meeting.
To: Prospective CEDS Participants From: Chris Shrum Date: February 19, 2008 Re: Eastern Maine Comprehensive Development Strategy Each year Eastern Maine Development Corporation (EMDC) reaches out to community and business leaders to discuss economic development issues of the region. We are inviting you to join these meetings because we see you as a key stakeholder in the region and value your insight into eastern Maine’s economic development landscape. Eastern Maine’s Comprehensive Economic Development Strategy (CEDS) is a planning process that outlines a five-year strategic plan for regional economic development and is updated annually. EMDC is the economic development district serving a six county area in eastern Maine. As the federally designated economic development district, EMDC is mandated to submit a CEDS to the Economic Development Administration by the end of June. To accomplish this effort EMDC brings together a broad-based group of representatives from across eastern Maine each year to develop or update the CEDS. The strategy seeks to analyze current conditions, establish goals, objectives and a vision, and identify and evaluate projects that help realized a thriving economic climate. EMDC is committed to supporting a strong CEDS process that engages the community in substantive dialogue on key issues that enhance our quality of life and place. Your input is greatly needed and we hope you can participate in the process over the next few months. Attached are the key issues and projects identified in last year’s CEDS. At these initial meetings we will review these lists, make any modifications, and update projects to be considered this year. Please take the time to review these lists and we look forward seeing you at an upcoming meeting. Sixteen Top Issues in Priority Order (from June 7, 2007 CEDS Forum) 1. It is widely perceived that the “Business Environment” in Eastern Maine is poor; this is generally attributed to: the state’s tax and regulatory structure; cost of and access to utilities and technology; and transportation and infrastructure challenges; Maine spends too much time with negatives and should concentrate on the positives. [Thriving Economic Climate] 2. Current telecommunications infrastructure (broadband capacity – backbone – redundancy, connectivity and cellular service) is insufficient. [Infrastructure] 3. With respect to the development of Tourism, there is an overriding need for vision, policies and funding that will transcend administrations and politics. [Tourism]. 4. Major economic development issues facing Eastern Maine need to be addressed at the regional level such as allocation of scarce financial resources, the location of critical infrastructure, and business retention and attraction efforts. [Regional Leadership and Collaboration] 5. The region’s road infrastructure is not being maintained in a manner that is supportive of economic development goals, largely due to limited resources. [Infrastructure] 6. “Micro businesses” and the creative economy are very important to our regional economy, particularly in the sparsely populated areas, yet there are challenges with respect to: marketing and access to markets; capitalization of small businesses; and access to broadband. [Thriving Economic Climate] 7. Access to capital and targeted technical assistance remain limited at early stages of conceptualization through to product development, which adversely affects the success rate for viable technologies. [Research, Development, Entrepreneurship & Innovation] 8. Limited municipal resources require better collaboration and coordination such as model zoning, cooperative purchasing, etc. among counties and municipalities in the region. [Regional Leadership and Collaboration] 9. The region has great potential for all alternative energy. [Natural Resources] 10. Traditional natural resource based industries – aquaculture, fishing, agriculture, and forest/wood products – have been the foundation for Eastern Maine’s economy, continue to play a significant role in the economy, and need to be supported through various business and community programs. [Thriving Economic Climate] 11. There is a need to improve infrastructure that supports tourism product development, particularly quality roads, hotel facilities, and certain amenities such as signage and rest room facilitates for visitors. [Tourism] 12. Eastern Maine’s rural downtowns are a critical component to the region’s unique character and quality of place – their support and revitalization are critical. [Unique Quality of Life & Place] 13. Expanding value-added product development opportunities helps to encourage people to “buy local”. [Unique Quality of Life & Place] 14. The education system needs to be better integrated with business sector and be agile and responsive enough to meet current and future workforce needs. [Research, Development, Entrepreneurship & Innovation] 15. Despite opportunity for educators to partner with businesses in workforce training and development, there remains a disconnect between education provided and employment opportunities; need for curriculum development by region with consistency. [Education and Workforce Development] 16. There is a need to encourage lifelong learning and the methods to address this through transferability of course, encouragement by business to advance skills, access to courses and affordability. [Education and workforce Development] AGENDA ITEMS: 11.B Discussion and Action to approve submission of the CDBG Housing Assistance Grant Application. This item is in support of Group Home Foundation to construct a 5 unit multi-family housing project at 195 Waldo Avenue. Wayne Marshall, City Planner has attached information on this for your consideration. (Goldenrod) 11.C Consideration of First Reading of an amendment to the Zoning Ordinance to eliminate the Special Commercial District located on Searsport Avenue. Wayne Marshall has attachments for your consideration on this matter. (Orchid) 11.D Discussion of follow up on various topics from the Belfast Leadership and Action Summit. In December the Council indicated a preference to periodically update themselves on the progress of eleven goals outlined by various participants at a Leadership and Action Summit conducted by City Officials last Spring. The Summit identified ten projects/initiatives and goals in a list of priority for the City to pursue. These “goals” were reviewed by some community representatives and then by the City Council in December. An 11th goal was added to this list which specifically separated a plan for improving walking, bike and other pedestrian amenities from goal #4, calling for unification efforts between the East and West Side. The walking bike path “goal” is now number eleven but its priority is still at the #4 level. There is a list of these eleven “goals” printed in the meeting agenda for discussion on each. The Council’s thinking on these matters in December was to have each goal further defined and then to identify a process mechanism and potentially a timetable on how it might be pursued with clear identification on what actions by the City would need to be done to bring the “goal” to fruition. Since this is the first of what I hope will be 6 council meetings where these matters will be discussed in 2008 I suggest that we proceed with any updates on these matters in an informal fashion. On some goals we may see some fairly significant amount of development since the prior meeting and on some “Goals” there may be very little progress. We should all expect that, given the fact that these efforts involve many people, some of whom are volunteers and have competing demands on their time. I am aware that the Belfast Area Watershed Coalition and Bike Trails group has a handout (Green) and will be present at the meeting to discuss #11 “Plan to improve walking, bike and other pedestrian amenities. We may wish to move them to the top of the list in consideration of their personal appearance. Some members of the Council are directly involved with these “goals” and I ask the Mayor to call on anyone who wishes to introduce the discussion on each of these “goals”. 11.E Update by Belfast Area Chamber of Commerce: I have asked John Burgess, Interim Executive Director of the Belfast Area Chamber of Commerce to come and give you an update on Chamber matters and to specifically speak about their new membership drive initiative. 11.F Discussion and Action on Police Cruiser Bid Opening. We budgeted for a new cruiser in the 07-08 budget. I remind the taxpayers that we use smaller police cars (Impala’s not Crown Victoria’s) which cost less and use less fuel and oil. We generally buy one new car each year and trade in one with 100 -115,000 miles on it. The bid opening will happen after these notes are drafted so we can discuss at your meeting which bid to award. The bid information is attached for your review. (Blue) 11.G Discussion and Action on Tax Lien Foreclosures. We unfortunately have had to foreclose on four properties because taxes have not been paid. We try to call people if we can find a way to reach them. These taxpayers have either not responded and not paid or just have not paid. We need Council authority to advertise these properties for sale. We do allow the former owners to reclaim title if they pay in full before the bids are opened. City Treasurer Rickie LeSan has attached a memo providing greater detail. (Pink) 11.H Update on Council Goals: (Gray) Apart from the goals that came out of the Action Summit the Council itself set some additional goals for the year, which we also agreed to revisit every 60 days for updates. In my last Manager’s Report I advised that I am concerned that we are all trying to do too much. We were too busy last meeting to discuss these goals. When we are too busy to talk about goals then we should realize that we are too busy to meet them in a responsible fashion. I applaud all the energy and enthusiasm but when it overwhelms capacity I worry about accountability and quality. Someone asked me what I would recommend. I recommend the City take advantage of the fact that they have a new Manager, stop or slow down its new and improved initiatives for a brief period- and look as I do to revisit what the City really is and what the City does every day - how our laws are written, how our committees are set up and how they actually function, how our process and service delivery systems are functioning and most importantly how our long term planning (Think Comprehensive Plan) is being reflected in our great collaborative effort. With due respect and appreciation all around- an Action Summit is not a Comprehensive Plan. An action Summit should compliment a Comprehensive Plan- repeatedly. In the seven months since I have served you I have seen a number of disconnections within our daily experience here and none of it is intentional. It’s about lots of people moving in lots of directions and often without the time, opportunity or clarity to keep in step with everything and everyone else. It’s all driven by positive passion of folks who think and folks who care. First and foremost Belfast has wonderful people---period. Its cultural, economic, architectural, natural and social assets only grow exponentially from there. For me the greatest vibrancy we can display is in the way we look out for one another and in that process the real intelligence, patience and quality-centered mindset of our citizens will shine. I think that kind of culture attracts everyone. When we are always onto something new we can lose sight of what we either were or are. I‘d hate to have this community suffer any level of the quality it deserves. I list your goals below and I will address them one at a time with you at Tuesday’s meeting. 1. Aggressively pursue Retail Development- City Manager to invite Wal-Mart to come and meet with Council Members to discuss City’s interest in them moving to the Route 3 site. City Manager to otherwise continue to investigate and make inquiries of other general merchandise merchants and grocery stores to encourage them to come to the City. 2. Pursue Jobs for Belfast for both Skilled and Unskilled workers. -consider building spec building in Industrial Park for incubating small businesses 3. Pursue Development of the Stinson Property along the waterfront. 4. Get our Range-ways open, marked and with a plan to maintain them- possible consideration of an “Adopt a Range way Program”. 5. Implement the Recommendations of the Energy Audit and the April 30 recommendations of the Energy and Climate Committee 6. In early part of report. 7. Investigate, report on and plan for an Affordable Housing (Workforce Housing) Program in Belfast. 8. Bring all the land use sections of the Belfast Comprehensive Plan up to date and ---start writing the Zoning Ordinance to implement the new Comp Plan 9. Improve City Council Operations -identify and adopt some rules of procedure -consider less detailed minutes -visit with Departments to better appreciate functions -meet with all City Committees to say thanks and to make sure everyone is on the same page in terms of duties and responsibilities -consider some rules and format changes for public hearings to promote dialogue -pursue greater decorum in discussion 10. Determine policies on City Finances -Adopt a Reserve Policy -Consider a mil rate policy -Benchmark City expenses compared to comparably sized communities in Maine -Improve the clarity of the Budget adoption process to promote greater clarity -Consider Zero based budgeting
11. Council to consider hiring a full time Economic Development person - determine how it will impact existing economic development strategies Supported by the City including the Chamber of Commerce and the Knox / Waldo Economic Development Council 12. Update the City’s Waterfront Development Plans 13. Improve the walking area from the Boathouse to the Footbridge 14. Provide Financial Support for the Hutchinson Center Expansion My continuing thanks to each of you for your consideration and effort.
Have a great weekend! |
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