HomeMy WebLinkAbout2004-03-23 Government Operations Committee Minutes Government Operations Committee
� March 23, 2004
Minutes
Council Attendance: Greene, Palmer, Nealley, Gratwick, D'Errico, Farrington,
Allen, Cashwell
Staff: Farrar, Winslow, Heitmann, Barrett
Others: Rogalski, Sturgeon, Wallach, Reed, Wellington, Sullivan,
3 Other Citizens, McDade
Committee Chair Greene indicated that Item #3, Presentation by Keep Bangor
Beautiful, has been rescheduled to the April 13t" Committee meeting.
1. Request by Bangor Police Department to Pursue Federal Funding
for an Explosive Detection Canine.
Chief Winslow briefed the Committee on an opportunity to apply for
federal funding to acquire a bomb-snifFing dog to assist with searches where
explosives are suspected. Winslow recently learned that the Transportation
Security Administration has funding up to $40,000 available to support law
enforcement agencies in the pursuit of a bomb detection canine to be utilized at
major airports. Typically these funds are reserved for category one or category
2 airports which are larger municipal airports. In Bangor's case, BIA is a
� category two airport but, with its strategic East coast location and its runway
length (over 11,000), it has become a preferred site for diverted flights and some
potential problems. The TSA is very interested in a bomb detection canine in
Bangor. Winslow has had informal conversations with TSA regarding the funding
but has not received any formal paperwork. The TSA may provide up to $40,000
annually in funding. The funds are basically discretionary expenses that fall
within the parameters of the mission; i.e. training of the canine, wages while the
officers are working in that capacity, etc. TSA would provide a suitable canine,
would provide the certified training for the canine and the officer, would provide
a canine coordinator to assist with running the program and would provide
training supplies. The City's commitment would be to select a suitable handler,
and Winslow indicated there are several in-house officers who are interested.
The TSA program would be in addition to the Police Department's current canine
program. There is a stipulation that the dog and the handler would have to be
working in an authorized capacity for 80% of the time, which basically means
that the officer would have to be available as part of his regular duties to
respond to an incident with a suspicious device. Winslow indicated that would
not be a problem as his intention is to assign this canine to someone who will be
assigned to the Airport. This program could also be used for schools or public
buildings in dealing with bomb threats.
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Winslow asked for Committee approval to pursue this funding with the �
TSA. If funding is received, the item would come back to tfie full Council for final
approval. In response to Councilor Gratwick, Winslow indicated that one of the
expectations is that Bangor would provide support to the Bar Harbor Regional
Airport, the Presque Isle Airport, and the Augusta Airport for a suspicious
incident requiring a bomb canine. Winslow estimates $7,500 in overtime which
would be covered by the $40,000 TSA funds. TSA tries to put together a team
of three dogs. The Sheriff's Department has expressed an interest in obtaining a
dog as well and is working with the State Police to see if they would be willing to
obtain a dog also. A three-dog pool would reduce the incident calls to other
areas. Gratwick questioned the reliability level of bomb detecting canines.
Winslow indicated he doesn't know specifics but understands it is in the 90
percentile in terms of reliability if it is a substance they are trained to detect.
Canines are trained in a number of chemicals and typical components used in
constructing a bomb. Gratwick said he would be interested in further
information on such data. In response to Palmer, Winslow said there are
approximately six school bomb threats per year in Bangor. In terms of the
region schools, he speculated that a school receives a bomb threat per year. He
noted that as part of the TSA requirement it would have no interest in having
Bangor respond to other schools. If a resource is available and not costing
overtime, Bangor provides support. Palmer asked the Chief for information as to
what the canine can and can't do, and how they might protect officers as well as
the public. Winslow said it is basically an added safeguard in dealing with a �
suspicious package/device. Because of the canine's significant sense of smell,
lockers and containers can effectively be searched without being opened. The
dogs do tire relatively quickly (30 to 45 minutes). Allen asked if bomb dogs can
be used for other uses. Winslow indicated it is strictly for explosive devices.
Cross training a dog causes it to lose its expertise. Greene talked about the
$40,000 annual contribution and asked if additional funds would be needed for
the program. Winslow said no. It currently costs the Department approximately
$12,000/annually per dog. In the end, the Department should see a revenue
increase of $20,000 annually if the TSA program plays out as he expects.
A motion was made and seconded to authorize the Police Chief to pursue
this avenue of funding. -
2. Quarterly Update with Bangor Water District
♦ Introductions: Sturgeon, Chair of the Board of Trustees for the Bangor Water
District, introduced the Water District representatives in attendance. Rogalski
updated the Commiftee on the following ifems.
♦ Mutual Aid Study with Area Utilities: This past year, the Orono-Veazie Water
District, Old Town Water District, Hampden Water District, Hampden Water
District, the Brewer Water Department and Bangor Water District engaged
Woodward and Curran, a local engineering firm, to assist in conducting a •
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mutual aid study to formally look at the systems to see what could be done
� for the 6 water districts to support each other in time of need, particularly
with emergency water supplies through interconnections and distribution
system. With the varying water supplies that are treated difFerently, the
issue of co-mingling is a concern. It could be a potential health concern if
not properly mixed. Brewer can treat 2.2 million gallons of water per day.
Hampden can't treat any because all of their water comes from Bangor.
Orono-Veazie can treat 2.6 million gallons per day, Old Town 1.2 million.
Bangor can treat 13 million per day and uses approximately 5 million per day.
Bangor is clearly is much larger and can be replied upon to provide support
needed for the area. Bangor can also receive support from the Orono-Veazie
at 20% of Bangor's needs and Brewer at 20-25%. The study was performed
at $30,000 and a $10,000 grant from the State Drinking Water Program was
received. The remaining $20,000 was funded by the five utilities involved.
♦ Using Water Pressure to generate electricitv: The District's treatment plant is
located at an elevation of 430 ft above mean sea level. Once the water
comes through the treatment plant, it comes in from Floods Pond to serve all
seven communities by gravity. The excessive pressure needs to be reduced
through a control value system in Veazie. The water comes in a 150 psi and
is dropped to between 80 and 90 psi. The District is nearing completion of a
detailed design which will allow the water to be run through a turbine and the
turbine in turn generates electricity. It will not only reduce the pressure to
� where it needs to be but will generate electricity in the process. The cost to
put the system in place is $91,000 which includes engineering/contingency,
and engineering is already being paid. The actual cost will be $65,000-
70,000. The District will be pursuing a grant to fund the capital side of the
project. It will generate approximately $17,000-22,000/year in sale of power.
To pay for the system is an approximate 4-5 year payback. The life
expectancy of the turbine is 20 years. The control value will be in Orono at
its existing building.
♦ Additional water treatment requirements: The Federal Government has
recently proposed new drinking water regulations called Long Term Two
Surface Water Treatment Rule to deal with cryptosporidium. Floods Pond is
the most protected watershed in the country. Floods Pond has been tested
monthly for cryptosporidium for over five years, parasites have not been
detected. The testing is not required by Federal regulations. The proposed
new drinking water rule, which will be finalized in December of 2005, will
then require utilities to conduct two years of monitoring. Ultra-violet lights
have been found to be an effective disinfection and could be installed in 2008
or 2009 at an approximate one million dollar cost.
♦ Overhaul of Johnson Pump Station: The station is located at Floods Pond,
constructed in 1958-59, and has been running around the clock since.
Maintenance and major upgrades have been done. The facility is now facing
• a full-blown overhaul in 2008-09 at an approximate cost of $2M. In order to
doj the sta�ion needs to be shut dawnj �emporary pumping capacity installed,
temporary intakes. It w�l! be accomplished over s�vera!-month time period.
There is no federa! funding provided. �
s Remaval af leadite fram distribution s r�stem: This is � le�d substitute, which is
melted and used at each section of piping. In 1948-5Q's, it was found there
were main breaks with this material. Due to its high failure rate, it needs to
be remaved. The Disfirict experiences approximately twenty main breaks
annualiy. It will be repiaced with duct lion pipe which has a life expectancy
of one hundred years plus. The repiacement cost is $75-80ifoot.
♦ Rate increase update: The District's last rate increase was in 2Q01 at 16.2°ta.
Rate increases prior ta that was 26.2 in 1992, 7.62 in 1994, 24.4 in 1996.
After the 2001 increase, the pistrict began loaking at a transition maving to
smaller but more freq�ent rate increases. The District didn't want a rate
increase that coincided with a sewer rate increase. In 2010, the District
wants to renew more p�pe than currentiy being done. Approximately three-
quarters to a mile of main pipe are renewed annuaily. The District wants to
move to at ieast 1.75 miles/year. At the end 100 years, the system wiil have
been renewed. The District has a five-year budget plan in place thraugh
2009 caliing for a 4.5°lo rate increase in 2005, 3.5°lo in 2007, 2.5°lo in 2009.
Revenues along with the proposed increases will support the operational
requirements and pianned capitai improvements. Nealley suggested that
some of the District's key points for the proposed increases should be shawn
on the local government channels of all communities involved and perhaps
the regional access channel. The District wiil ga tn the PUC, will hold pub#ic �
hearings and will send out notices.
♦ Invitation to tour water su�plv and treatment faci(ities: The Distriet affered �n
open invitation for Council Members to tour their facilities at anytime.
3. Presentation- Keep Bangor Beautiful (POSTPONED TC3 4/13/04).
4. USA Patriot Act Discussion
Councilar Allen requested a discussion af the Federal Patriot Act an behalf
of several citizens. Allen introduced Bil( Sullivan, who is a member of the Bangar
Committee for the Defense of the Bi(I of Rights. He intraduced others members
in attendance with him as well. Sullivan expressed an interest to discuss a
Resolution which the City of Bangor might adop� expressing concern over certain
parts of the USA Patriot Act. Mare than 250 cities including Portland and
Waterville in Maine have adopted similar resolutions as has the Nafiional League
of Cities. Sullivan said the Patriot Act is a collection of amendments to the US
Criminal Code that strengthens the hand of prosecutors in enforcing federal laws
chiefly by reducing the role of the federal judiciary by remaving longstanding
- limitations on the authority of federal investigative agencies and by dramatically
expanding the government's access ta what used to be considered private
records. Mast of the changes had been requested by private investigators and
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the FBI prior to 9/11 and some during the previous administration but had not
� been enacted because of their impact on traditional liberties of American citizens.
The Patriot Act was adopted to combat terrorism but information developed in a
Patriot Act investigation may be used to prosecute any of the 3,500 federal
crimes on the books. The Patriot Act methodically weakens the system of checks
and balances that governs the legal system by substituting prosecutorial
discretion for independent judicial review.
Sullivan said the City Council is the first level of elected government and
feels this is a governmental issue. Each Councilor has taken an oath to support
and uphold the Constitution of the United States. Five years ago the Council
adopted a clean clothes resolution expressing concern about sweatshop
conditions in foreign countries and directed the City to purchase goods that meet
certain fair labor standards. Sullivan asked the Committee, if they share the
same concerns, to adopt a resolution expressing concern over excesses of the
Patriot Act and reaffirming the City's commitment to respecting and protecting
traditional American rights. The ten amendments of the Bill of Rights applaud
American freedom. He concluded that the current Council has already spent
more time listening to the comments of the public on this matter than the US
Congress did in the six weeks it took to pass the Patriot Act.
Palmer expressed concern and asked Sullivan to comment about a section
� of Portland's resolution reading "that Portland affirms its strong support for the
rights of immigrants and opposes measures that single out individuals for legal
scrutiny or enforcement activity based primarily on their race or country of
origin". Sullivan felt they were responding to events that have occurred in
Portland. Sullivan distributed copies of his recommended resolution for Bangor's
consideration. He also distributed a copy of the Bill of Rights. The proposed
resolution is very limited solely focusing on the preservation and protection of
the Bill of Rights. Nealley asked for a copy of the National League of Cities'
resolve. Based upon meetings members of the Council had in Washington, D.C.,
both Senators Collins and Snowe realize that amendments need to be made to
the Patriot Act. D'Errico agreed with Sullivan's comments regarding
infringements on private and certain rights but he understands that Congress will
readdress and correct some of these issues. D'Errico further stated he didn't
think this was an issue for Bangor to come forth with. Allen questioned to what
extent the federal government has to intervene realizing it is all within the
welfare of security, protecting and responding to situations such as 9-11. She
said that the rights of the community and its citizens need to be respected as
well. As a city passing this resolution, it merely defines more of what the City is
saying of its community. She stressed that passing the resolution is not a �
combative measure. Gratwick asked if the resolution would be going to full
. Council, if approved by the Committee. Gratwick asked Bangor Public Librarian
• Barbara McDade the impact of this Act on libraries. McDade said the portion of
the Act that disturbs her is that it changes the definition of library records and
bookstore records making them the same as business records. Librarians have a �
Code of Ethics and part of it deals with keeping confidentially the sources used
by individuals at libraries. In 1983, the State of Maine passed a law indicating
library records shall be confidential. The US Patriot Act changes that.
Information would be given if a court order were involved. But the Patriot Act
has changed the definition so that it is no longer probable cause, but now only
has to be related to an investigation. It could tarnish an individual's reputation.
She is hoping that Congress will repeal that portion of the Act and urged Bangor
to pass a resolution calling for the repeal. Gratwick asked if the Bangor Council
has a right and obligation to talk about things larger than the community and
suggested perhaps the Council needs to make this determination of what its
mandates are prior to acting on the Patriot Act. He felt it imperative to examine
the policies and procedures, with historical background, made available in order
to make an educated determination. Palmer said Bangor does have a right in
this issue given that the City gives dollars to the Library each year. Bangor
officers might be asked to enforce the Act, which may or may not be what
citizens or elected officials feel is right. He agreed that more discussion is
necessary and to broaden it to the community. In response to D'Errico, McDade
said that library records include name, address, phone number, e-mail, books
that have been checked out, and also use of the Library's computers with sites
used/searched. Allen said it does need to be looked at as a whole community.
She indicated it is one thing to respond to a situation at a time of emergency but �
quite another to be able to function in a daily life with the sense of respect and
dignity. Allen suggested bringing this item to a full Council session. Nealley
agreed with Gratwick as to whether the Council has comfort addressing issues
that aren't under the control of the Council. Nealley suggested the Council not
spend time on this issue but, as individual citizens, could sign a resolve that
would go to the Congressional Delegation. Farrington suggested hearing from
the remainder of the special interest group.
Janet Stratton-Pilsbury, 397 Hancock Street, a school librarian addressed
the group. She indicated that judicial oversight is being thrown out. Many
aspects of the Patriot Act are against what has been built over two hundred
years time. Another member of the group spoke and said he hoped this issue
does go before the full Council. He feels the Act has a chilling effect on those
immigrating into the States and that the community's position does matter. Bob
McCallen expressed deep concern about the Patriot Act. He regards freedom of
speech and the right to assemble peacefully without fear, harassment or
intimidation by the government to be the corner of democracy. He feels it
necessary to appeal to local elected officials to consider review and repeal the US
Patriot Act.
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Farrington feels the discussion needs to be continued. He doesn't feel
� this is the appropriate avenue for a municipality. The Council should be spending
its time on issues it has control over. Gratwick feels it is equally important to
start a community dialogue. He respectfully disagreed with Farrington but he
feels a very profound outcome of this that will do the community a great and
long lasting service, more important than taxes and potholes, would be to have
every student know about the 4t" amendment. He asked for staff to educate the
Council as to what its proper role is on this issue. He suggested the item come
back to this Committee in two or four weeks for the next level of discussion.
Allen made a motion to support a resolution calling for a revision of the US
Patriot Act. The resolution should support a revision that will impact daily lives,
impact how we function as a community, as individuals and as an entire unit.
Allen felt it is an issue to go before the full Council for discussion. Greene asked
for a second to the motion. The motion to send the item to full Council was
seconded by D'Errico. Farrington asked for clarification whether the item would
go to a Council Workshop Session or a Council meeting. Allen said her motion is
to seriously address the resolution put before the Committee. Greene said he
understood the motion to be for discussion at the City Council meeting level.
Farrington felt that is unfortunate. D'Errico asked if he was allowed to recall his
second to the motion. Greene responded yes. D'Errico recalled his second to
the motion agreeing with Councilor Farrington that the issue should be further
• researched and discussed prior to going to full Council. Nealley again expressed
his concerns that the Council does not have jurisdiction of the issue and it is a
relatively dangerous area for the Council to go. Palmer agreed with Farrington,
Gratwick and Nealley that further discussion is needed. He does not feel it
should go to the next meeting because he will not be present to vote and he
would like an opportunity to do so. Palmer suggested a widely advertised
Council Workshop to openly discuss the issue. He would like to hear from clergy,
law enforcement officials, the legal staff and legal community.
Councilor Allen said she would reword her motion to bring this issue forward to a
full Council Workshop. If it is put forward to a Council Workshop, it should not
be in a combative light but in a constructive manner. The public needs to be
invited to become a part of the process.
Greene indicated the original motion lacked a second. D'Errico seconded the
reworded motion made by Allen. Nealley questioned where the Council should
operate regarding its jurisdiction as elected officials by the citizens of Bangor.
He feels it is convoluted for every level of government to get into every other
level of government's business causing redundant bureaucracy.
5. Property Tax Reform Update
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Farrar indicated that this item has been recommended for a full Council
Workshop which will be scheduled in the near future. At that time, City Manager .
Barrett will review the following:
♦ Maine Municipal Association Referendum Question
♦ Palesky Tax Cap Referendum Question
♦ Various Legislative Proposals
(Governor's bill, Speaker of the House proposal, Bi-Partisan proposal)
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