HomeMy WebLinkAbout2003-03-26 Government Operations Committee Minutes '
Government Operations Committee �
March 26, 2003
Minutes '
Councilor Attendance: Palmer, Greene, Allen �
Staff Attendance: Farrar, Cammack, Hamer, McNeil, Dyer, Winslow,
Wellington, Enman �
Others Attendance: Channel 7, Jarrell, Alley, Buckley
1. Review of age limit policy for Junior Member status at Bangor '
Municipal Golf Course.
Mr. Jerry ]arrell, a Bangor resident and Bangor Muni member, requested an opportunity '
to discuss the age at which young adults are disqualified for a junior or family
membership. Currently once a junior member turns 18 years of age, he/she no longer
qualifies for a junior or family membership, and must join and pay at the adult rate. �
Under the circumstances, Mr. Jarrell believes that individuals over age 18 should be
allowed to remain on the family membership.
Brian Enman, Golf Pro, discussed the age qualification policy. Since Bangor Muni � '
opened in 1964, age 18 is the determined age when a junior becomes an adult. A �
junior membership is $225, a single membership is $550. Under the family plan, a
resident family is $765.
]arrell thanked Enman for encouraging him to attend the meeting to voice his concerns. �
Jarrell indicated his 18-year old son is a fulitime student with his family paying all of his
living expenses. He would agree with the current policy if his son were living on his �
own, no longer in school and working. Jarrell pays the membership fee for his son and
feels he is being penalized for being one year older when in fact his son's status has not
changed. Jarrell mentioned that in one of staff's memos on this issue it was stated that ■
it would impossible to keep track of who is turning 18. He felt it would be easy to �
administer as he could easily provide documentation that his son is a fulltime student.
He disagrees that it would be unfair to other eighteen-year-olds. A working eighteen- �
year-old should have no difficulty paying a fulltime membership. Jarrell said the issue is
not when someone is considered to be an adult but when the parents are no longer
responsible for the day to day expenses of a child. The Federal Government allows the '
son to be claimed as a dependent, eligible for tax credit due to tuition expenses, eligible
for tuition grants, health insurance includes him as a family member. He feels the �
current Golf Course membership rule is forcing him to pay a higher fee without fair
justification. The current rule is in place to some degree due to complacency, Jarrell
said.
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� Greene agreed ]arrell's points concerning complacency. He would like to see the
Committee explore other possibilities especially when parents are supporting children
� who are 18 and are living under their parenYs roof. He agreed that consistent criteria
was a necessary component.
' Palmer asked how many individuals fall within this category that Mr. ]arrell finds himself
with, and Enman estimated six or eight. There is an average of five and ten that fall
� within the 18-year old range. Enman stressed that he not against change and has
made adjustments over time. He felt that any change needs to be consistent, and he
used the example of one eighteen year old going to college paying one rate and
� another eighteen year old paying a different rate. He also used a potential example of
a 26-year old graduate student still living under his/her parenYs roof.
� Palmer asked when the 18-year old policy was created and the rationale behind that
policy. Enman said it is simply when a child is considered an adult for voting purposes,
and the policy was established approximately thirty years ago. Palmer said that he
� remembers that time and that 21 was the age of adult and wondered if the policy was
adopted in 1974. Enman said he was a junior member in 1965. Palmer is concerned
about the-frnancia+,��lications to the Golf Course and would like the numbers explored
� and presented to the committee. He also asked for an analysis of who actually falis into
this category. Palmer recommended tabling this item. Greene made a motion to table
the item to the next meeting of the Government Operations Committee. Allen seconded
� the motion. Enman said he will meet with Jarrell to draft a solution to the problem with
the policy that will not hurt the Golf Course financially but will help the families affected.
� Enman said he needs a clear definition as to who qualifies for what. Jarrell said that he
and his family will still play at Bangor Muni despite the outcome of the issue. He praised
the Golf Course staff.
! 2. Discussion and Review of City of Bangor Fire Prevention efforts and
Code Regulations/Procedures for places of pubiic assembly.
� Councilor Palmer requested that representatives of Bangor Fire, Code and Police
Departments brief the Committee on codes, regulations and other mechanisms in place
� to prevent tragedies similar to those recently occurring at nightclubs in Rhode Island
and Chicago. Chief Cammack, Dan Wellington, Mike Dyer and Chief Winslow were
present. Wellington made a power point presentation regarding places of public
' assembly and indicated there are two types: those that are static and those that move
around. There are approximately 200 places of public assembly in Bangor. Code
� Enforcement goes into these buildings when a building permit is issued, any licensed
occupancy at least once a year, any licensed occupancy with liquor at least twice a
year, and anytime a complaint is received or the ownership requests a consult on
1 changes. The inspections cover bricks and mortar and operational areas. The
challenges in the bricks and mortar are minimal as since 1972 the City has had a
regulated environment when it started adopting model codes. BOCA has been replaced
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by the International Code Council, of which the City is a member. Allen asked if the �
codes were a higher or lower standard than Bangor, and Wellington said they are
different. The State uses the Life Safety and Fire Codes and the Maine Plumbing Code �
so Bangor has to follow those. In terms of electrical, mechanical and building, the ICC
is used. The operational end is what happens after the Certificate of Occupancy issued. �
Wellington said that 1975 there were 14 City code officials and currently there are 8.
Over the past eight years, Code has worked diligently to take on less of a regulatory
position but more educational oriented. Code Enforcement wants to reaffirm its �
commitment as a City to adopt and enforce the most recent building, electrical,
plumbing, mechanical and fire codes so that as things change, especially after the
Rhode Island fire, the City will be up to speed. Wellington said he personally would �
support looking at special amusement facilities that have both liquor and entertainment
licenses to see if their reporting requirements are adequate to let the City know in
advance if they are going to bring in a rock band. ,
Cammack indicated the Governor had stopped pyrotechnics statewide and some
changes have been made. The inspections will not take place until everything is in �
place. The Fire Marshall's Office will have someone monitor the event and the owners _
will cover the costs. Winslow said that his personnel are in establishments with liquor --
with a lot more regularity and are quick to make the Fire Chief and Code Enforcement �
Officer aware of questionable areas.
Dyer distributed information to the committee, including an addendum dealing with ,
pyrotechnics that is supplied to all those who contract for use of the civic center/
auditorium. It demands prior notification, proof of licensing and permitting ten days in '
advance of the show. It also asks for a stage site lay out plan. Fire drills are done at
least once a year, sometimes more frequently and recently Bass Park completed a mock
evacuation. At every phone in the complex there is an emergency response procedure �
that deals with bomb threats, etc.
Wellington talked about the special amusement permit, which requires a submission of �
the type of entertainment and he indicated the responses are sometimes generic. He
felt it would be prudent to ask for such places of entertainment to submit a monthly
schedule of events. He suggested that staff discuss the future reporting requirements �
under the special amusement permits. Palmer praised the staff for their work in
preventing an incident in Bangor such as took place in Rhode Island. He stressed that '
staff needs to continue to be vigilant.
3. Safety and Security improvements — Pickering Square and BAT �
Community Connector
Staff prepared a series of options for consideration as a result of a recent incident at �
Pickering Square hub for the BAT/Community Connector. Farrar reviewed a memo
outlining the options in detail: 1) installation of emergency telephone; 2) enclosing open
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, space undeveloped under the parking garage; 3) closing bathrooms and/or waiting
area; 4) soliciting requests for proposals for space under the parking garage; and 5)
� limiting or banning bus riders who exhibit inappropriate behavior/conduct.
Staff recommended option 1 that would install a 911 emergency call box with an
' installation cost of $300 with an annual cost of $318. Regarding option 2, Allen asked if
the fence/privacy slat area could be used for advertising purposes. McNeil agreed it
was a good idea but expressed concern about vandalism with the signs. Greene asked
' if there are certain times of the day when individuals congregate at Pickering Square.
Winslow said it is mainly during the day. Palmer suggested a vertical metal fence
� rather than galvanized with the advertising behind it with appropriate lighting. Staff did
not recommend closing the waiting/bathroom area. Farrar said the current budget
does allow for the call box installation but any option beyond that could require
' budgeting. Allen suggested a private group might be willing to support the investment
of some of the options. Greene supported option 5 dealing with individuals exhibiting
inappropriate behavior. Hamer talked about a written policy for the actual drivers
' regarding inappropriate bus patrons whereby the driver has a right to actually request
the patron to leave the bus. If there are repeated incidents with the same patron, it
becomes more complicated in that to ban this patron from the bus would require an
, actual hearing. Allen asked if there was any mechanism in place to prevent these
patrons from even boarding the bus. Hamer said if a person is inappropriately behaving
at the bus stop that person could be asked not to board. In response to Allen, Farrar
' said the current policy does allow the drivers to deal with passengers on the bus but
there is not a policy that allows the drivers to deal with potential passengers before
, they board the bus. Regarding the current incident, Allen asked the reason why the
potential passenger wasn't dealt with. Farrar said that the current incident under
discussion is complicated in that it was not observed by a bus driver but was observed
� by another passenger. Palmer asked about the current camera monitors at the
Pickering Square and mentioned there were no videotapes available from the day of the
incident under discussion. He talked about cameras on the buses. Palmer assumes
, that an emergency telephone could be monitored by camera. McNeil said it would be
monitored in order to avoid misuse of the telephone. There is video surveillance in the
waiting area. Several years ago the tapes were kept for thirty days and now they are
' kept for fifteen days. McNeil was not aware of the reduction in waiting time until this
incident surfaced. He said there was a recent incident on the bus with inappropriate
behavior, the Police Department was contacted, and the situation was remedied.
' Palmer said the City should look at additional low cost ways to make the area more
inviting.
' Kathy Alley addressed the Committee. She feels the emergency telephone is a good
option. Regarding enclosure of the open space, she suggested a chain link fence. She
, feels the bathroom/waiting areas should be left open. She agreed that business
development would be great in the bus area. She thought a business offering food and
souvenirs would be good. Regarding bus patrons being banned from the bus, Alley
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explained that she has a disability that makes her feel not safe at times and, when she '
is involved in a situation such as the one at the Pickering Square, it makes her want to
stay within her apartment. �
Palmer suggested the Committee review each option outlined in the memo from Farrar.
Emergency Telephone. Allen made a motion to recommend installation of an '
emergency telephone in a proper location monitored by surveillance cameras, and '
Greene seconded the motion.
Regarding options 2 and 4, Palmer suggested that a business tenant be sought prior to �
fencing the area. Allen was concerned that it might take too much time to find a tenant
and still favored a fence. Palmer suggested the fence be discussed during budget
deliberations, the budget becomes effective July ln and that a RFP be issued in the ,
interim. Greene suggested advertising behind plexi-glass behind the fence. Looking to
the private sector, Greene suggested donation of advertising space in return for helping
build the fence. Hamer said the Sign Ordinance might restrict what can be done in ,
terms of advertising. A motion was made and seconded to recommend proceeding to
RFP and to investigate this area of possibility.
Regarding option 3, there was not support to close the bathroom/waiting area. Palmer �
stressed it was important to keep the areas clean.
Regarding option 5, Hamer suggested fine-tuning the policy mentioned by Palmer to '
make sure the bus drivers are clear as to what they can and cannot do. Alley said the '
drivers handle situations very well when they are aware of problems. Allen said there is
Republic Parking staff in the area that perhaps could become more involved. Palmer
said the public needs to be more aware of situations and appropriately report them. �
Palmer asked Hamer to come back to the Committee with some ideas on safety at the
Pickering Square. He asked McNeil to check on fencing, lighting, etc. in terms of
budgeting. �
4. License Agreement with Broadcast Music, Inc. (BMI)
This proposed license agreement will permit the City to use musicians' copyrighted �
works including sheet music, CD's, video, and live or recorded public performances.
Hamer explained that this agreement is similar to an agreement the City has with '
ASCAP, another entity which represents a large number of musicians and their work.
The City's license fee is $255/annually. Fines for misuse could be $5,000-6,000. BMI '
and ASCAP represent about 90% of the entertainment industry. A number of City
departments, especially the Airport, use background music in waiting areas. Greene
asked about Musak. Barrett said the music played on the government access channel is �
bought through a service that is copyrighted. Barrett said this would cover music
played by the high school's bands and so-called incidental broadcast or use of music
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' with the exception of formal performances with a fee-paying audience. Greene
seconded the motion to enter into the agreement with the $255 annual fee. Palmer
, suggested the Legal Department do research on the Bangor Hymn for copyright
purposes. Hamer said it was composed in the 1500's and the copyright period would
have long expired. Once expired, it moves to public domain and it cannot be
' copyrighted. Barrett said someone could do a new arrangement but it would have to
be substantially different. The motion was approved as presented.
' S. Review of wage scales and benefits for non-union part-time, seasonal
temporary and on-call employees.
� At the request of Councilor Palmer, staff prepared a review of wages and benefits for
non-union part-time, seasonal, temporary and on-call employees. A detailed memo and
' supporting documentation was provided to the Committee with their agenda. Farrar
said that in terms of regular part-time employees, the City approximately 75 employees
in about 21 various positions. Two of the positions start at minimum wage, 19 start
' above minimum, and the average starting rate for the various positions is $8.50/hour,
clearly above the $6.25 minimum wage. These are part-time positions where employees
work between 25-30 hours on a regular basis. There are mandated benefits for this
, group of employees: retirement, Medicare, Workers' Comp, Unemployment Comp.
Additionally, the City provides non-mandated benefits: earned time off program,
� opportunity to participate in the State Group Life Insurance Program, availability of the
Employee Assistance Program, and the opportunity to apply as an in-house candidate
for available full-time employment.
rAllen asked how many employees have gone from part-time to full-time employment
within the past five years. Farrar said he would need to research that number and
' respond back to the Committee. She also asked how many employees approach the 30
hours per week. Farrar said probably two-thirds of the 75 positions. The City has 25
bus drivers that average 30-35 hours and some employees at Parks and Recreation and
' at Bass Park who average 35-40 hours/week. Greene asked why the City has regular
part-time instead of full-time employees. Farrar said that clearly costs are the main
factor in terms of the benefit package. In a number of the departments, more
, employees are needed in terms of scheduling needs. Finally, some of the positions do
not require full-time hours.
' Farrar said the second category is seasonal, temporary on-call employees. The City
annually employs 250-350 with 31 varying positions/classifications. There are 10 that
start at minimum wage and 21 that are above. The average starting wage for these
' positions is $7.36/hour. The mandated benefits are the same as for the above
referenced group. Greene asked how many of this group of employees come back the
� following year. Farrar said there is some turnover but a number do stay with the City in
subsequent years especially in the area of ballot clerks, Parks and Recreation
playground staff. Greene further asked from a budgetary standpoint if the City is
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providing too much. Farrar said that the turnover rate is in the general area of '
acceptability. Farrar said that non-mandated benefits for the seasonal workers include:
availability of the Employee Assistance Program and to apply as in-house candidates for '
full-time employment. Farrar provided the City's pay scales to the Committee as well as
a survey completed in ]anuary 2002 regarding fringe benefits in the private sector and �
a copy of the Earned Time-Off Policy. Allen said it would be helpful to provide the
regular hours worked perhaps in a graph format. Farrar said the information could be
tracked by employee for the past six months or a year. Allen asked if could be broken '
down by department. Palmer asked for turnover rates and the reason for turnover in
the various departments. Farrar responded that the turner in fulitime positions runs
3-6% and probably 8-10% in the part-time area. Allen asked if the nature of the �
individual would be available; i.e. martial status, gender, and age. Farrar said could
provide a basic overview. Palmer thanked Farrar the information.
The Committee adjourned at 7:00 p.m. ,
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