HomeMy WebLinkAbout2005-11-15 Government Operations Committee Minutes . Government Operations Committee
November 15, 2005
Minutes
Councilor Attendance: Greene, Hawes, Farrington
Staff Attendance: Barrett, Farrar, Hamer, Douglas, Caruso, Quam
1. Proposed Council Resolve Expressing Opposition to Senate Bill
1504, Broadband Investment and Consumer Choice Act of 2005
This proposed Federal legislation would have a significant detrimental impact on
the City's cable franchise ordinance and our negotiated franchise agreement with
Adelphia. The Cable Television Association of Maine, of which the City is a
member, recommends that municipalities oppose this bill. A Council Resolve
has been drafted indicating the City's opposition. AI Douglas was in attendance
to answer questions regarding the City's cable system. If the proposed bill is
enacted, Hamer said it would have a major impact on the city's franchise
ordinance, which regulates the City's contract with Adelphia, soon to be Time
Warner. Passage of the bill would preempt much of what is contained in the
city's ordinance. If enacted, bill 1504 would preempt the City's Cable Television
Ordinance, thereby depriving the City of the authority to regulate cable service,
• collect a fee for the cable company's use of the public right-of-way, and invalidate
the Franchise Agreement with Adelphia/Time-Wamer. Staff prepared and
presented a proposed Resolve, which would object to enactment of Senate Bill
1504. A motion was made and seconded to approve the proposed Council
Resolve. It will be forwarded to the November 28t" City Council meeting for
action. If approved by Council, copies will be forwarded to the Congressional
Delegation. Farrington thanked the staff for putting it together.
2. Proposed Substance Abuse Policy for Certain Applicants and
Employees at Bangor International Airport
Farrar introduced Amy Quam, the Airport Security Office at BIA. She also put the
proposed policy together for the city's consideration. The City currently engages
in substance abuse testing in compliance with regulations covering Federal
Aviation Administration, Federal Department of Transportation and Federal
Transit Administration. Policies are in place for approximately 100-110
employees in federally designated safety sensitive positions. If one holds a
commercial driver's license, drives vehicles over a certain weight limit, or
transports the public, under federal regulations the City is required to include
these employees in drug substance abuse testing both as an applicant and
employees are placed into a random pool for periodic testing, subject to probable
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cause testing, return to duty testing. The City has 10 years of experience in this
• area.
As a result of a contract befinreen the City and Exxon-Mobil Corporation, an
additional group of positions must also be tested for substance abuse. Positions
to be covered by the new policy include Ramp personnel, Ground Support
Equipment workers and Fuel Farm personnel. Because existing Federal
regulations do not classify these positions as safety sensitive, the Airport was
required to obtain approval by the State Department of Labor, Bureau of Labor
Standards before the Policy could be implemented. State approval has now
been obtained and City approval is required as well before it becomes effective.
Two of these groups are non-unionized; the ramp employees are unionized.
Farrar said that part of the protocol would be that, if the committee approves,
formal notification would be undertaken with the union involved.
Caruso said the ramp service division is unionized and recently had the drug and
alcohol testing program in place. During a FAA inspection last year, Airport staff
was told they wanted that division removed from the testing program. But the
ExxonMobil contract still requires the testing. Caruso provided a brief overview
of the program. Hawes questioned the short amount of time involved for an
employee to be offered rehab and if that would be acceptable to the union. Farrar
said the six-month provision is in state law and does apply to all other employees
subject to testing. The City's experience with that timeframe has been good. He
• said an employee testing positive is referred to a substance abuse professional
to determine if there is or is not a problem. That professional can actually
release the employee back to work. On the other hand, continued counseling
may be required. Farrington praised Quam for her work in creating the policy. If
a federal or state regulation is in place, he asked why there had to be union
negotiation. Farrar said in the past this had not been the case but this instance is
different due to the ExxonMobil contract which is requiring this policy to be put in
place for those employees dealing with ExxonMobil duties. These employees
are not in Federally designated safety sensitive positions. Barrett said that this
action protects ExxonMobil against a suit. Responding to Farrington, Farrar said
if the union was to refuse to participate, it would move to the dispute resolution
process that would include mediation, factFinding and arbitration. No problems
are anticipated by city staff. Hawes made a motion that the plan be forwarded to
the full Council for action. The motion was seconded by Farrington. Farrar said
it would probably be at a December Council meeting.
3. Election Ballot for Municipal Review Committee (MRC) Board of
Directors
Annually, charter communities of the Municipal Review Committee are entitled to
vote for Directors on the nine-member committee. The MRC represents
municipal interests associated with the operation of Penobscot Energy Recovery
• Corporation (PERC), the waste-to-energy facility located in Orrington. Each
year, three seats become vacant and terms expire this year for Directors David
• Chittim of Rockland, Elery Keene of Winslow and Larry Folsom of Brownville.
Three seats on the nine-member Board of Directors for the MRC�become vacant
each year, and participating MRC charter communities nominate and elect
successor directors. Each charter community is entitled to vote for one
candidate. The MRC provides oversight and represents municipal interests
regarding the Penobscot Energy Recovery Company's waste to energy facility in
Orrington. Bangor's Assistant City Manager, Bob Farrar, currently serves as a
Board member and holds the position of Treasurer. Bangor was contacted on
behalf of candidate Sophia Wilson of Brownville. A motion was made and
seconded to cast the City's ballot in support of Ms. Wilson. The request to
support her was partially made on the basis that there are currently no MRC
Directors from Piscataquis County and, if her candidacy is successful, her
election would provide representation from that area. This item will be forwarded
to the City Council for final action.
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