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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 � 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. i •