HomeMy WebLinkAbout2007-02-05 Finance Committee Minutes
FINANCE COMMITTEE
February 5, 2007
Minutes
Council Attendance: Hawes, Farrington, Stone, Gratwick
Staff Attendance: Moore, Cyr, Barrett, Courtney, Hupp, Heitmann, Birch,
Cammack, Dubois, Higgins, Gastia
Others: Curry’s, Ms. Hamel
1. Executive Session - Hardship Abatement – 36 MRSA Section 841(2) (
2. Open Session – Hardship Abatement Decision
A motion was made and seconded to approve staff recommendation.
3. Consent Agenda
A motion was made and seconded to approve the Consent Agenda.
a. Quitclaim Deed – Bonham-Fougere – 183 Birch Street
b. Quitclaim Deed – Erickson, Wilbur – 123 Forest Avenue
c. Quitclaim Deed – Smith – 27 Orchard Hills Parkway
d. Quitclaim Deed – Spaulding – 115 Clark Avenue
e. Council Resolve 07-069, Accepting & Appropriating a Homeless Continuum
of Care Grant from HUD
4. Bids/Purchasing
a. Rotating Beacon – Airport – AD Electric - $122,743
Hupp indicated this is part of the Airport Improvement Program to install a
new rotating beacon. The current beacon is on top of the water tower over
by the Maine Business Enterprise Park and involves someone climbing the
tower by ladder to change a light bulb. It is a safety concern. The new
tower would be in the same general location but the light would be able to be
lowered to the base of the tower. It will still provide the same level of
visibility for aircraft. The project has been in the Airport’s planning phase for
several years. FAA specs are very detailed and there is no simpler way to
locate a new beacon. Responding to Stone, Cyr said that at some point OSHA
would step in regarding the safety issue involved. The project would be
funded 95% by the Federal, 2.5% by the State and by the Airport. A motion
was made and seconded to refer staff recommendation to the full Council.
For the future, Stone said he would like staff to present the Committee with
two alternatives.
b. Wireless Mobile Data Terminals – Public Safety - RITEC - $523,161
Cyr said this would create a closed network for all of the City’s public safety
to operate on. Currently, the operation is by radio back to the dispatch area
or by cell phone. There are currently two primary databases, which are not
accessible from the City’s emergency vehicles: 1) PCLES, Penobscot County
Law Enforcement System; 2) State DMV records. There are other future uses
including GIS. RFP’s were issued with two responses. One was from Verizon
and was for wireless technology using cell phone towers, and the other
RITEC which is a closed network available only to the City. Based on
mapping, the consultant has determined that with six access points located in
Bangor that vehicles throughout the City will be able to access this system.
There are sufficient grant funds available from Homeland Security and the
Department of Justice to cover the cost of the project. The $523,161 does
not cover the cost of the laptops, but there is additional grant money
available through Homeland Security to purchase the laptops. Responding to
some of Stone’s concerns, Cyr said there is no access fee associated with the
system on a recurring basis, the laptops are heavy duty with a three-year
warranty, the Homeland Security is committed to creating interoperability
communication with grant funds, there is a minimum amount of training and
any annual training would be built into the annual training programs that
police and fire operate. Barrett asked the employees in attendance to justify
their request. Cammack said that cell phone are all that is available to the
rest of the county. The City is together with the rest of the County in terms
of software that runs the PCLES system. The County has also bought into Fire
and EMS software. This new request provides an opportunity for the City to
have a closed system because the fiber allows it. The other opportunity that
is affordable for the rest of the county municipalities is cellular phones.
There is a continuing fee with cells phones. This closed system does not
have reoccurring costs. Cammack said it is a better system and it will cut
annual expenditures. Responding to Farrington, Cammack said that
compatibility would increase. Gratwick talked about ultimate compatibility.
Bangor is only one region. Gastia said some other area agencies are looking
at cellular service. The State Police uses cell service and are limited by tower.
The Police Department tried cellular service on two separate occasions and it
failed. The technology was not available to support the system and dropped
signals. Once the City owns this system, there are no recurring costs. Other
agencies have the opportunity to join Bangor in the new system with the
exception of the Sheriff’s Department due to their wide coverage area.
Barrett said this system is solely to access our computer system that then
accesses other computer systems. It isn’t designed to give the officer an
ability to talk with state patrol officers in southern Maine. It does provide a
backup for our officers if the rest of the communication systems were to go
down. He suggested discussion on how things will be structured to insure
inoperability of communications in a crisis and how this system fits in.
Gratwick still questioned why the City isn’t part of a regional system. Barrett
said it is all based on a regional system, the City would provide access to a
regional system. Gastia again stressed that this particular system is a data
based system, it is not a voice system. Everyone recognizes that technology
changes rapidly. Gastia has researched the systems used with other states.
Responding to Gratwick, Gastia said some larger cities use cellular service in
a limited area with a lot of citizens. Maine has a huge rural area without
infrastructure in place. Gastia said cellular use in the southern part of the
state is better due to additional towers. The City has the advantage of
having the dedicated fiber in place that runs throughout the City. The City
wouldn’t be moving into the area without the preexisting fiber. It would be
too expensive. Higgins said the system is important because the federal
government has identified real time data and interoperability as one of their
number one priorities. The system will be completely funded, it will have a
five-year warranty. He spoke of various ways in which the system could be
used regionally. He stressed the value of real time data. Stone said he
understands it is all federal money. When the City received the grant, could
it be spent in other areas or would it have to be returned to the federal
government. Stone asked what the City would receive from this $500,000
plus grant that will make it a better system, citizens will be more protected.
Gastia said it is a high priority in both the Police and Fire Departments. If the
money was not spent on this particular item, the City would have to go back
to the drawing board and there is no guarantee that the money could be
spent on another project. The money is available as long as it falls within
certain parameters. The primary reason for this system is to get data from
our computer systems into our emergency service and people in the field as
efficiently and as rapidly as possible. The people in the field will have as
much information as possible at their fingertips when they are responding to
a call. It will make the Departments more responsive to the needs of citizen
and allow the City to keep its officers in the field where they need to be – not
writing reports back at the station. Other communities in the surrounding
area have the ability to get that information through our system or through a
cellular system. It is not available statewide. Gratwick said he is concerned
that Bangor is becoming more special, the proposed system sounds very
extraordinary. Responding to Gratwick, Gastia said the transmitters that
provide access to the police and fire personnel cost $3,500/each. As an
example, once the network is in place, if Brewer wanted to join this, they
could spend $3,500 for a transmitter and they would already be on line for
part of the City. They might have to install access points at $3,900/each.
There would be no recurring costs after that point. Higgins said he has
spoken directly with Brewer’s Fire and Police Departments and they are very
much interested. Hawes said it is very difficult to quantify public safety
issues when it comes to efficiency and lifesaving activities in the field. The
City has expert departments that are doing their best but this system will put
Bangor as a frontrunner. It makes only good sense to take it. The other
surrounding communities have the option to build onto it. It is their decision.
Hawes made a motion that this item be recommended for full Council
approval, and the motion was seconded. The vote was 4-0.
c. Request to Waive Procurement Regulations – WWTP Control System
Upgrade
Moore asked that the procedure policy be waived and a bid be awarded to
CH2M-Hill. He referred to January 17 memo to the Committee recommending
that the design build procurement process be done by CH2M-Hill using them
as an integrator. Equipment at the WWTP is being replaced with the same
manufacturer with the same programming control and software. The Plant
has worked with CH2M-Hill, who is very familiar with the WWTP and who
originally designed the Plant 15 years ago. By using the design build
procedure process in comparison with the traditional specification documents,
the bidding and then oversight of the construction process, the City can save
approximately $68,000. Barrett said he felt the City would receive a better
product at a competitive price. It will make a very easy and cost effective
transition to a new system to operate the Plant. A motion was made and
seconded to forward staff’s recommendation to the full Council. The vote
was 4-0. The item will return to Finance Committee once a recommendation
is made to award a contract.
d. Request to Terminate Contracts – Hypochlorite & Sodium Bisulfate
Moore said these are two major chemicals at the WWTP. There is a three-
th
year contract in place that was signed on January 25. We have been
approached by a supplier indicating the availability of Hypochlorite for
$.70/gallon. Under the contract, it is currently $.90.246/gal. It would be in
the best interest to cancel the current contract as an option/clause is
available within the contract to end. This would result in an approximate
$15,000 savings. The current supplier’s price for the bisulfate is $1.23/gallon.
A previous supplier will supply it for $1.03/gallon resulting in a savings of
about $800. A motion was made and seconded that the current contract be
terminated and that the bid awards be made on an annual basis rather than
three year contract. A motion was made and seconded to approve staff
recommendation by a vote of 4-0.
e. Carpet – Fire Station – Expert Flooring - $15,333
Cyr said this is for Central Fire as part of their FY07 budget. The budget
estimate was $10,080. The City received nine bids. The bid specs asked for
rolled carpet as well as carpet square prices. The low bidder is Expert
Flooring of Bangor, which is above the budget, to install carpet tiles. Hawes
questioned the quality and warranty provided. The warranty is for 10 years.
The third lowest bidder gave a 20-year warranty. Cammack said the current
carpet’s life has been 10-11 years. Barrett said the warranty should cover the
installation and any defect in the material but would not cover routine wear
and tear. Cyr indicated that Item 5 on the agenda deals with a request to
appropriate funds for the additional amount. Responding to Stone, Cyr said
that Dave Pellegrino chose this brand/type of carpet for all high traffic areas
in the City. Stone asked how the City knows it is still the best brand.
Responding to Gratwick, Barrett said that all City Hall carpet is the tile type.
Cyr asked for the Committee’s recommendation contingent upon Item 5 for
the additional funding. If Item 5 does not pass, the item will need to be
revisited. A motion was made and seconded to approve the carpet tiles
contingent upon approval of Item 5.
f. Request to Waive Procurement Regulations – SCBA Mask and Cylinder
Replacement
Cammack said this item was included in the annual budget at $10,080. He
asked that the bid process be waived so that the department can purchase
these through Industrial Protection Services which is the authorized dealer in
this region to provide Scott parts for the current air packs. IPS is the only
dealer in the area. A motion was made and seconded to approve staff
recommendation by a 4-0 vote.
5. Proposed Appropriation of Funds for Fire Department Repairs and
Maintenance
Cammack talked about the recent potential mold problems at Station 6. At
that time, Summit Environmental Consultants was hired to perform an
assessment. They offered a series of recommendations based on their
testing. They recommend removing insulation from the living quarters along
with the suspended ceiling tiles and washing the areas in which there is mold
or water stains present on the sheetrock. It was also recommended that
asbestos abatement professionals be contacted. Statewide Asbestos Removal
provided an estimated of $3,300 to remove and disposing of the ceiling tiles,
the insulation and then preparing the sheetrock surfaces for paint coverage.
The remainder of the needed funding will be used to purchase supplies and
to have Public Works perform the installation. There is also a need to have
the carpet cleaned once all work has been completed. The Fire Chief asked
for $10,000 to perform the work. He would like to have most of the work
completed by the end of February. Gratwick asked if the leaks have been
corrected. Cammack said he did not see any active leaks when he and
Summit visited the building. Once the ceiling tiles are removed, it might
show active water issues. Gratwick asked about the replacement of Fire
Station 6. Barrett said the Council has approved a million dollar bond issue
for the replacement. Staff has been in the process of looking for a final site.
It will be a design/build contract and staff hopes to break ground in the
summer of 2007. Responding to Hawes, Cammack said that Summit
indicated the employees at Station 6 are in no immediate danger due to the
mold. During the work, employees from Station 6 will be moved to Central
Fire. Most mold issues are above the ceiling. Hawes asked if the City was
throwing good money over bad into the building. Cammack said he needs a
reasonable way to insure his employees that the building is safe and the
temporary fix is the best alternative. A motion was made and seconded to
recommend approval to full Council for passage of a Council Resolve
appropriating $15,000 from the General Fund Improvement Reserve for Fire
Department repairs and maintenance as outlined by staff. $10,000 will be
used for Station 6 and the additional funds will be used to fund the shortfall
for the carpeting (item 4 e. above). The vote was 4-0. Responding to Hawes,
Barrett said staff is working with Engineering to identify a location for the
new station. He thought the site would be identified before spring.
6. Review of Denial of Insurance Claim
City Solicitor Heitmann introduced this item. Frances Hamel of 163 Elm
Street alleges that, on or about June 5, 2006, she fell at the point where her
walk and the City sidewalk connect. She also indicates that she had called
Public Works about a year earlier with a complaint about the sidewalk. She
subsequently filed a claim which was denied by our insurance carrier because
the City is immune from liability in this instance due to the Maine Tort Claims
Act. This immunity is in place regardless of whether the City received prior
notice of an alleged defect in the sidewalk. Recently, Ms Hamel met with City
staff and the City Manager. She has requested that the City pay her
outstanding medical bills in the amount of $199.26. Staff explained that she
has the option of suing the City, but she indicated that she does not want to
do so. The Finance Committee has the authority to settle claims of this size,
should the Committee wish to do so.
Heitmann and Barrett reviewed the Torts Claim Act. Barrett spoke about the
City’s history in paying claims. Farrington spoke about setting a precedent
when the City steps outside of its established procedure. Heitmann said
there is no legal precedent. Responding to Gratwick, Heitmann said there is
no legal difference between falling on a sidewalk in front of his home as
opposed to a mile away from the area. Hamel’s advocate spoke about Ms.
Hamel’s fall of 2005 in the same area of sidewalk in front of her house and
injured her leg. She notified City Hall and Public Works. It is the same area
where she fell in May of 2006 and broke her wrist and damaged her hand.
She is disabled. She is not looking for a monetary settlement but to have the
area fixed. Gratwick made a motion to approve staff’s recommendation to
deny the claim. He acknowledged it is a sad and difficult situation. They
spoke of balancing public good and private need. The motion was seconded
by Farrington. The vote was 4-0. At Stone’s request, Cyr will talk with EMMC
to see if the bill can be waived. Hamel continued discussion about the City
not repairing the sidewalk.
7. Assessor’s Update
Birch specifically talked about sales ratio analysis and assessment levels. He
asked for Committee direction on whether he should continue to strive for the
100% market or to relax for one assessment period. The housing industry is
beginning to slow down. He provided an example. Birch feels it reasonable
to set the level of assessment at 93%. Barrett suggested 95% or 100% as
long as there is no shift between residential and commercial property. He
spoke of LD 276 that is a proposal to freeze all residential homeowner’s land
portion of his or her assessed value. The ‘freeze’ amount is not yet known.
He also referred to LD 261, an act to define more clearly procedures by which
municipality assesses property, which proposes to create a new committee
and to restrict assessors in their existing work of the statutes. He will voice
his concerns through Senator Perry regarding the dangers of LD 261.
8. Review of Draft Information as to Qualifications for Elective Office
After the most recent election, Dubois said there was some confusion as to
qualifications to run for City Council and School Committee offices and the
qualifications to serve. It had been suggested that the Clerk prepare
information to be provided to candidates. The information has been reviewed
by the Legal Department, the Superintendent’s Office, the City Manager and
the Clerk’s Office. Dubois asked for Committee feedback so that the
information can be provided for those running in the special June 12 election.
Gratwick talked about changes to the Ethics Ordinance. Heitmann said it
should first be reviewed by the Board of Ethics. Gratwick asked about the
language indicating that a conflict of interest with spousal participation on
City boards. Gratwick said his question related to City Council only. Hawes
agreed that it should go back to the Board of Ethics if there is any question
and then back to the Finance Committee. Farrington asked about serving on
the Council and the State Legislature. Heitmann said that one is not
subordinate to another. Heitmann said that some provisions are in State Law
and some are in areas other than the Ethics Ordinance. He suggested that
the prepared information be handed out to interested candidates from this
date forward until the ordinances are changed. A motion was made and
seconded to move the item to the Board of Ethics by a 4-0 vote. A second
motion was made and seconded to request the Board of Ethics look at the
City’s Code of Ethics in particular some of the family relationship sections to
see if they are appropriate. The City Solicitor was asked to point out areas
that have been in past conflict to the Board of Ethics. Gratwick asked that
information be gathered from other municipalities. The vote was 4-0.
9. Review of Funding for Other Agencies
During the FY07 budget process, Council directed staff to work with non-
profit agency requests directing them away from City funding to some
degree. Cyr provided information from the past three years relating to non-
profit requests. Responding to Hawes, Cyr said the Cultural Commission is
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for specific cultural issues and does not address the 4 of July Corporation,
as an example. Hawes spoke about the BCVB indicating that discussion had
taken place whereby the City would downsize its contribution over a five-year
period. Cyr said that during last year’s budget process she automatically
reduced each non-profit request by 15%. BCVB’s specific issue was unrelated
business income and their tax-exempt status. Therefore, the BCVB’s amount
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did not decrease last year. Stone would like 4 of July, Senior Little League
and the AFF to be moved into the Cultural Commission. He would like the
BCVB to be eliminated from City funding. Hawes questioned Stone’s three
suggested areas being considered cultural events. Stone asked Barrett to
prepare an analysis of the City’s payback when providing funding to the
BCVB. Barrett and Cyr will look at it and return to the Committee with the
information. Gratwick asked what format is appropriate to deal with the
organizations that have different needs at different times. As the first step,
Barrett said the Cultural Commission should evaluate the benefit and report
to the Council. Cyr said there are civic responsibilities in terms of some of the
requests but needs a definition as to the threshold for the amounts. She also
spoke of the East West Highway. She also said that the Senior League
sponsorship is in the form of an advertisement and she will move that to the
advertising budget area. Cyr talked about the City matching dollars raised up
to a total of $5,000, for example. Responding to Stone, Barrett said he thinks
the first place to start is whether or not the Council wants to fund the
requests. If so, the question becomes what is an appropriate method to
determine the amount. It comes down to the individual presentations and
the Council’s emotions involved.