Government Operations Committee

August 26, 2008

Minutes

Councilors: Hawes, Wheeler, D’Errico,

Staff: Barrett, Farrar, Gastia, Higgins, Nicklas, Cammack

1. Voluntary Insurance Benefits

Farrar introduced Donna Ingraham, Account Representative with HRH/Dunlap of Bangor, who assisted the City with the voluntary insurance benefit process. Farrar said that staff is recommending adding a voluntary insurance benefit to its fringe benefit package for City employees. For a number of years, employees have inquired about this benefit. It is 100% paid by the employee and the only employer cost is to make the deduction from the employee’s pay back and to make a monthly payment to the provider. After working with Ingraham, three areas were identified where staff felt voluntary benefits would be an improvement over what is currently offered: accident, critical care, and cancer insurance. Ingraham received five proposals from the following: AFLAC, Allstate, Trust Mark, Colonial and Unum. The proposals were reviewed with the Health Insurance Advisory Committee and reduced the group to two finalists: Unum and AFLAC. At that point, Farrar pulled together a group of employees representing a variety of City departments to interview the two finalists. The unanimous decision was to recommendation selection of AFLAC based on local and personalized service, reputation as a leader in this particular market product, fast claims turnaround time, no statute of limitations on filing claims, no preexisting conditions limitations, and premiums would be taken on a pre-tax basis. Staff recommends the Committee endorse the recommendation and then the Personnel Rules and Regulations would be amended to include the new voluntary benefits. Human Resources would also provide an orientation process for employees. Farrar noted that this is not a new concept but similar in nature to the Group Dental Plan and the Group Life Insurance program currently offered by the City. This will not only offer additional benefits to the City’s regular full time employees but also to its regular part-time employees. Ingraham emphasized that these are voluntary products and employees see these as a value. To purchase these programs on the open market would be approximately 40% higher in cost. Responding to Wheeler, Farrar said the voluntary insurance program would be added to the section entitled Fringe Benefits. Wheeler confirmed that it would be an add-on and not a change to the existing terms of the Rules and Regulations. Responding to D’Errico, Ingraham said the products are portable, should an employee leave the City’s service. D’Errico asked if Council Members would be considered eligible for the voluntary programs. Ingraham said yes. A motion was made and seconded to recommend approval to full Council on September 8^th. Wheeler spoke about classification of Council members as City employees and agreed with Hawes to wait until the end of the agenda.

2. Ordinance Amendment -- Emergency Radio Amplification

Gastia said the City’s public safety personnel has experienced difficulty in communicating with dispatch and others when they are inside large buildings, particularly those that have a lot of concrete and steel construction. He noted the Bangor Mall and Eastern Maine Medical Center. Some time ago, the Council authorized staff to apply for a COPS grant to install bidirectional amplifiers in both of the facilities. It has been installed. Since that time, there has been a great improvement within the confines of both structures. In an attempt to move forward and because of the success, he wants to be sure that public safety personnel continue to communicate. Gastia has been working with the Legal and Code Enforcement Departments who have crafted an amendment to the City’s Building Code ordinance to include emergency services radio amplification systems. It covers new construction of 40,000 sq ft or greater would be required to install a radio amplification system to allow for communication between emergency service staff outside the structure and individuals within the structure. It would also cover existing facilities if those structures are expanded by 50% or more.

Barrett noted that Nicklas provided copies of a revised version than that provided with the agenda. Particularly in the case of existing buildings, Barrett said that the revised version clarifies when they would be required to upgrade with the system to make certain that the City was not being retroactive, to state clear standards at what level of investment in an existing building or an expansion of an existing building the owner would be required to install the system. Gastia said one of the reasons this came to light was that the new Hollywood Slots building did not install a bidirectional system and he understands that the new Court System building will not include the system. He is hoping to further communicate with the Court System hoping they will voluntarily participate.

Higgins said that since 2004 the Department has been working on its communications systems for first responders. Through grant monies, the system has been upgraded and is currently the best it has ever been. There are still issues with larger buildings. If the amendment to the Ordinance is not put in place, in a few years the Department will be back to where it originally was with the communication problems. It is important to the safety of the firefighters. He noted that communities in California as well as Boston have enacted the ordinance and to date Gorham is the only municipality in Maine. Nicklas said the expense is not insignificant and it is not likely that businesses will voluntarily participate. D’Errico felt that the cost would far outweigh the expense. Gastia said it is more expensive to add it to existing structures, and this ordinance would apply to new construction and major renovations on existing structures. The only two systems in place in Bangor are at the Mall and at EMMC, which were installed by the City through grant funding. Barrett asked for a range for square foot cost in a new building. Nicklas said it is difficult to estimate due to variations of structures but he estimated the $10,000 range. Barrett said that the Council will need a dollar figure before making a decision and will need to know the additional cost involved for new construction. Higgins said he would provide the dollar amount. D’Errico asked if a tax credit could be offered some a business making the investment. Barrett said it could probably be technically done but would be cautious in doing so. D’Errico suggested identifying higher risk areas. Barrett said the Department is basically looking at facilities with relatively large numbers of individuals such as public assembly facilities, big box stores, educational facilities. Barrett pointed out that the single largest factor of loss of firefighter’s lives is lack of communication. Hawes noted that it is not just personnel affected but patients and citizens.

If this Ordinance is adopted by the Council, Wheeler asked if it would be

retroactive. Gastia said no. Cammack said their intent is to approach the two businesses, if the ordinance is adopted, to see if they can be convinced to be in everyone’s best interest to work it out. Wheeler asked if there is a possible problem of interference by the new system and the UHF systems already in place in some of the larger facilities. Higgins said no and that the problem is that this is relatively new technology and lack of awareness. Public safety frequencies are separate from those assigned to other users. Gastia said he has worked with the engineers at EMMC regarding interference concerns. At EMMC there is the ability to them to use their radio communications equipment if they chose to go on the same platform and use that system for them to speak outside of their structure. It would require modifications on their part.

Responding to Hawes, Gastia said the Court structure would add this system at this point. Heitmann is attempting to contact the Court system to see if they would be willing to install the system. Gastia thinks they understand the need for the system given the amount of law enforcement officials in the building on a daily basis. Higgins said that the new WalMart would not be required to install the system because they are under construction but it would certainly be a structure that should do so. Barrett mentioned the possibility of the Airport’s terminal building and Bangor High School. Higgins said he doesn’t recall a problem at Bangor High because it is a wood frame structure. Barrett said along with the building type is there a need to recognize construction type. Higgins said that larger buildings are typically not a wood frame construction now. It’s the very dense buildings that are of concern and he mentioned the Barry Dunn McNeil building. Nicklas said the Ordinance is crafted to require a building to have adequate radio coverage so if it is over 40,000 sq ft and a wood frame building an installation wouldn’t be required or if the way it is constructed is enough to meet the necessary radio strength. Barrett said this would work on an existing structure but not a new construction.

Cammack said he understands the need for a square footage cost but he said it would be very difficult. To do the Bangor Mall, the cost was $47,000. He isn’t certain of the Mall’s square footage, $45,000 for EMMC and an estimate of $70,000 for Hollywood Slots because they required a special shielded cable to meet their specifications. They did not opt to go with the system. Gastia said the expense for the Mall and EMMC were after construction costs, which requires more work. He agreed with Barrett that you don’t know what is needed with new construction until the facility is in place and he prefers to err on the side of caution but realizing that cost is a factor. Higgins said that the canopy of the City grows with newer and larger buildings it could interfere with communication.

Hawes said that the Ordinance in itself is a public safety issue but she questioned what gives the City teeth for existing structures that need the system. Barrett said those building would not be covered by the Ordinance until a substantial expansion or renovation is done. The City will work with businesses on the educational front.

In terms of the installation process in an existing structure, Wheeler asked if it is disruptive. Gastia said his Department worked with each facility and at the Mall the work was done in off hours. The installation was done within a week. It worked out very well with EMMC as well. Existing chase ways were used to run the coaxial wire.

Hawes noted that this can be sent forward to Council for first reading and when it comes back the square footage and further information could be provided at that point. Wheeler agreed. A motion was made and seconded to move the item to Council for first reading and referral at the September 8^th Council Meeting. Higgins said there are various municipalities that have made the ordinance retroactive. Barrett said that if the Council is interested in making this retroactive that it raises other questions; i.e., buildings that would be covered. Wheeler asked if state owned buildings are subject to local codes and ordinances. Barrett said they are now but the state can exemption itself from zoning. If it is retroactive, Wheeler agreed with D’Errico that some sort of a tax rebate should be provided to the business. Barrett said this would apply to some City buildings--City Hall, the new Police Department, Airport buildings, Auditorium/Civic Center, some of the school facilities. If the Council is interested, staff needs to put together a list of buildings that would be affected. Higgins said it is not their intent to go retroactive but to maintain the integrity of the current system. He is more concerned that some of the new larger buildings could be identified and the Department would work with them. Responding to D’Errico, Cammack said that hotels are a high risk. D’Errico noted the two new hotel structures. Hawes said she would like the information for their next discussion regarding new or partially completed construction with no Certificate of Occupancy issued as well as the square footage cost information as best as possible. If this is going to possibly affect buildings current under construction, Hawes suggested that the owners be notified of the upcoming discussions and to invite them to the meeting. Hawes feels that in good conscience that some of the newer buildings will come on board.

Cammack said that he will also asked representatives of the Mall and EMMC to also attend to discuss their installation process.

Wheeler withdrew his earlier question and suggested that it be discussed at a later point with the City Manager.

Committee adjourned at 5:30 pm.