MEMORANDUM

To:       Members, Task Force to Study Maine’s Homeland Security Needs

From:   Elizabeth Cooper, OPLA

Date:    October 16, 2006

Re:       Meeting Notes from in Portland , September 8, 2006

Members Present: Chairs Strimling and Gerzofsky, Hugh Tilson, Charles Updegraph, Sen. Hastings, Kim Boothby-Ballanytne, and Rep Grose. Also OPLA analyst, Elizabeth Cooper, attended as staff to the committee.

I.        TOUR- The task force members met at 10:45am at Buoy in Portland and went on a boat tour of area ports. The Portland Fire Department made the fire rescue boat available for the tour. Several city officials and business representatives from Portland and South Portland provided information and commentary.

II.     PANEL DISCUSSIONS - The task force members convened at Portland City Hall at approximately 12:45 for lunch and the afternoon session convened at approximately 1:30.

A.     INTRODUCTION - Senator Strimling and Representative Gerzofsky started the meeting with introductions. They provided background on the charge of the task force,  the focus of the meeting for that day, and announced an upcoming meeting in Wells on September 13.

B.      PANEL 1 - Maine’s Port Security: Global and National Perspectives – participants: Admiral Gregory G. Johnson, USN-Ret., and David Flanagan, former General Counsel to the Senate Committee on Homeland Security and Governmental Affairs’ Investigation of Hurricane Katrina.

                                    1.      Admiral Johnson – biographical sketch and written testimony entitled “Securing the Maritime Commons” is provided. Testimony covered issues related to Maine’s role in international shipping and commerce; factors related to challenges of port security planning; the US Dept of Homeland Security’s layered defense; and the need for an additional part of the defense structure in the form of public exercises involving federal, state, local, and private sector players to demonstrate the capacity for successful response. He suggested the creation of formal coordinating committee where all the players meet regularly, develop standard operating procedures, plan and execute exercises and honestly critique the exercises to make improvements to the operating procedures.

PANEL 1 - Maine ’s Port Security: Global and National Perspectives (continued)

                                    2.      David Flanagan - biographical sketch and written comments are provided. Comments focused on vulnerability of ports noting that ports are a relatively low priority at the US Dept of Homeland Security. He discussed S. 2459, GreenLane Maritime Cargo Security Act, May 9, 2006. (OPLA analyst will provide additional information on the act separately.) He also discussed lessons learned from Hurricane Katrina, noting poor infrastructure design (the levee), poor local preparedness, poor communications interoperability and poor situational awareness. In particular, he pointed out that prior to the event officials in New Orleans knew that there were 100,000 or more people without transportation. While preparedness exercises for New Orleans were conducted, there wasn’t follow-up to make improvements based on the lessons learned through the exercises. He also noted that in general, the Coast Guard performed the best during the crises because they conducted the most exercises. He discussed the National Incident Management System, the need to identify roles and responsibilities and the need to determine Port responsibility at the federal level.

                                    3.      Questions and Answers (all panelists)- Leadership and the need for inter-jurisdictional standard operating procedures (SOP) were discussed. According to panelist, there is no entity equivalent to the Federal Aviation Administration for Ports. While the mission of federal Transportation Security Administration (TSA) includes security for all sectors of transportation, the major focus of the TSA has been airport security. There was a discussion of available tools for monitoring port security, risks of bioterrorism and pandemic via port entry. The favorable response to the ice storm of 1998, during which Mr. Flanagan was CEO of Central Maine Power, was discussed. Task force members and panelists discussed the importance of interoperability and the critical need for leadership in order to establish interoperability. There are risks related to the travel of cargo prior to entering the US and cargo “rest stops.”   The United States is unable to inspect every piece of cargo that enters our country. Tools to inspect that could be acquired at the local or state level include X-ray, but it could be quite expensive.  Regarding the GreenLane legislation, it was noted that the 22 ports targeted by the bill handle 98% of cargo and containers. Portland ’s major product coming and going through the ports is petroleum. According to panelists, the formula in the GreenLane legislation to distribute $400k is risk-based with wide latitude for spending. David Flanagan noted that the quality of the application will be a big factor in determining the award. Both panelists agreed that in balancing the need for preparedness exercises and trying not to create unnecessary public fear, states and localities should err on the side of more preparedness exercises. Exercises should focus on a variety of issues such as terrorism, natural disaster, nuclear disaster, bioterrorism, pandemic and quarantine. Some could be simulated via computer. When asked how much at risk the State Maine is for a terrorist target, Admiral Johnson indicated it’s difficult to tell because terrorists could go for another big target like the World Trade Center or instead target smaller, more remote areas that seem more vulnerable and easy to penetrate.

C.             PANEL 2 - Protecting Our Ports: Coordinating Federal, State and Regional Efforts  -  participants: Capt Stephen Garrity- USCG, Major John Fetterman -Deputy Chief Maine Marine Patrol, Capt Jeffrey Monroe - Portland Director Ports and Transp., and Tom Meyers, South Portland Director of Trans. and Waterfront

                                    1.      Capt Stephen Garrity- USCG - biographical sketch and press release dated 9/1/06 provided. Discussed coast guard activities and emphasized the effectiveness of numerous exercises to prepare for emergency response. Julie N oil spill was an example of how good training pays off. Memorandums of understanding (MOUs) are effective tools for working with 1^st responders. He noted there is an interoperability exercise coming up on Sept 14.

                                    2.      Major John Fetterman - Maine Marine Patrol (MMP) - biographical sketch and written testimony provided. Discussed role of MMP and resource constraints. Noted MMP’s role as back-up to Coast Guard, the Ardent Sentry exercise testing, the Maritime Security Team and training in Bar Harbor on Oct 17 to improve coordination with US Dept of Defense. On a scale of 1-10 (with ten as best) the coordination between state and federal entities rated at 8 and coordination between state/local/county 5 or 6.

                                    3.      Capt Jeffrey Monroe - Portland Ports and Transportation - biographical sketch and written testimony provided. Provided statistics entitled ‘ State of the Port 2005.” The city collaborates with federal, regional groups, South Portland and other towns in areas. He is unaware of a State plan for resumption of port services after a catastrophic event and the city’s relationship with feds is stronger than with State. Suggested broaden role of MEMA to include an office solely focused a systematic security plan for movement of passengers and cargos through all modes of transportation and ports. Need unified command structure and local involvement in state planning.

                                    4.      Capt Tom Meyers - South Portland Transportation and Waterfront- biographical sketch and written testimony provided. Discussion of critical infrastructure in the area. Due to wide range of possible incidents, City of South Portland uses and“All-Hazards” approach and are developing famework for port incidents. Follow principles of National Incident Management System. Discussed Greater Portland Incident Standard Operating Guidelines which is multi-jurisdictional and has common command and control framework. Rated local coordination high.

                                    5.      Questions and Answer(all panelists)- Local public health officials are involved in planning and SOPs includes public health mitigation. Capacity to deal with mass illness among passengers on ship may be better in Portland area due to capacity of public health infrastructure. Fewer medical facilities further up the coast may present problems if there’s a mass ship board illness. Maine ’s local/state coordination seems better than the city/state coordination in Louisiana prior to Hurricane Katrina. Panelists didn’t have specific information on volume of cargo headed to other east coast ports in close proximity to our shores. An office to deal with ports/cargo similar to that proposed in the federal GreenLane legislation, the limitations of having multiple systems in place and the need for a TSA-type entity for surface and maritime transportation were discussed.

D.     PANEL 3 Homeland Security and Emergency Preparedness: Response and Recovery - participants: Portland Fire Chief Fred LaMontagne, South Portland Fire Chief Kevin Guimond and South Portland EMA Director Jeff Temple.

                                    1.      Fire Chief Fred LaMontagne, Portland - biographical sketch provided. Remarks focused on the city’s ability to notify people of emergencies, availability of mass transportation and city’s evacuation plans. More information provided during Q&A- see section below. He allowed the committee to briefly review a draft of an operating plan and agreed to prepare a modified version of the plan to share with the committee.

                                    2.      Fire Chief Kevin Guimond, South Portland   - biographical sketch and a written copy of the co-talking points with Jeff Temple provided. Discussed expenditure of homeland security grants funds on equipment, training and exercise drills, coordination with the medical community and improved medical infrastructure. Specific to port security, comments mentioned plans for purchasing underwater camera and a radiation detection device, coordination with the Coast Guard and collaborative work with port partners in drills and exercises such as Ardent Sentry.

                                    3.      Jeff Temple, South Portland EMA Director- biographical sketch and written copy of coordinated remarks with Kevin Guimond provided. See the remarks above offered jointly by Temple and Guimond.

                                    4.      Discussion and Questions/Answers(all panelists)-  In considering gaps in the State’s plans, the panelist noted that the local capacity to get the word out with due diligence and notify people of a need to evacuate is fairly strong. There are arrangements to use mass transportation for individuals who don’t have personal transportation. Only the Governor can declare mandatory evacuation and city officials think this works well. There isn’t local capacity to go door to door, but the city and state take measure to educate people. Education includes personal responsibility and heeding the advice of emergency warnings and notifications. In the event of a mass evacuation away from the coast, the shelter capacity in the interior or northern portions of the state could fall short of the need.

E.      PANEL 4 - Maine’s Port Security: A Private Sector, Tourism & Transit Perspective participants: Tom Hardison, Portland-Montreal Pipe Line, Tom Dobbins, Sprague Energy, Donald Cormier, The CAT Ferry, and Capt. Roki Horr and Capt. Nick Mavodones , Casco Bay Island Transit District

                                    1.      Tom Hardison, Director of Operations - Portland-Montreal Pipe Line -biographical sketch and written testimony provided. He provided an overview of company noted in written remarks. Mr. Hardison said they are regulated by the US 33 Code of Federal Regulations 105 Maritime Security: Facilities. They have a Facility Security Plan in place, which is approved and monitored through audits by the USCG. He believes the company receives the proper level of security information locally and nationally, but the cost of preparedness and limited funding for security planning and development continues to be a challenge.

PANEL 4 - Maine ’s Port Security: A Private Sector, Tourism & Transit Perspective (continued)

                                    2.      Tom Dobbins, Manager, Terminal Services - Sprague Energy - biographical sketch and written testimony provided. Mr. Dobbins provided an overview of the company as noted in written remarks. Discussed how emergency was handled during 9-11 and the response/recovery including additional safeguards that were put in place. Discussed coordination with local and federal government and noted that they look to Coast Guard as lead for this.

                                    3.      Donald Cormier, VP  Operations &  Safety Mgmnt - The CAT Ferry- biographical sketch and written testimony provided. He provided an overview of company noted in written remarks. Discussed post- 9-11 adoption of new international ship and port security standards and believes “The Cat” was the first passenger vessel in North America to be certified to this new code by Lloyd’s Register, a risk management group. He discussed the specific safeguards in place for passenger vessels. He expressed concern about over-regulation and the need for public sector investment for the cost of increased security measures.

                                    4.      Capt. Roki Horr Asst. Operations Manager, and Capt. Nick Mavodones , Operations Manager Casco Bay Island Transit District (CBITD) - biographical sketches and a follow-up summary of remarks provided. Described the organization, which is a quasi-municipal, non-profit transit provider open to the public. CBITD receives limited federal and state funding and operational costs are primarily funded by fares. Have received small grant for closed-circuit television system. Since capital is limited for purchase of special security equipment or designated security personnel, they have developed communications and relationships with the agencies tasked with keeping abreast of security intelligence and first response. First priority for public funding for security should focus on prevention and the security grant process should be simplified. Concerned about cost and impact of the federal Transportation Worker Identification and Credentialing proposal, and would like to see the implementation deadline extended until further analysis is conducted. Emphasized that all hazards planning, drills, exercises and, in particular, good public communication with early warning mechanisms are important. Discussed federal initiatives focusing on prevention (specifics identified in written summary) and encouraged Task Force to support these proactive and preventative measures.

III.   PUBLIC COMMENT- At approximately 6:15 pm, the task force asked for public testimony regarding homeland security and any emergency preparedness topics related to the work of the State Homeland Security Task Force.

A.     Public comments focused on a variety of issues including concerns about federal spending; ideas for alternate communication devices such as pagers; possible need for auxiliary policing and better coordination with private and non-profit sectors including churches; need for focus on prevention including nuclear preparedness, discussion of an “all hazards approach” and alternate, “disaster-specific” approaches.

B.     There was also discussion about public health related issues including resource centers, Maine Center of Disease Control (CDC) preparedness topics, early identification, outbreak management, and protocol for mass distribution of pharmaceuticals. Chairman Strimling noted that reports on several items from the Maine CDC are due Sept 18 and there would be more public health discussions after reviewing the reports.

C.     The public comment portion of the meeting was complete around 7:30 pm and written testimony submitted by the public provided.

IV.  PLANNING  The task force commence the planning portion of the meeting shortly after 7:30 and adjourned at approximately 8:00 pm.

A.     Reports from the Maine Center for Disease Control and the Maine Emergency Management Agency are due September 18.

B.     Next meeting should be after the Task Force has the chance to read the reports. May need to wait to meet again until after the elections in November. (NOTE: the chairmen are looking at dates in mid-November before Thanksgiving.)

C.     The Task Force members should submit ideas for recommendations to the Task Force chairman or the OPLA analyst.

D.     May need to ask for an extension of the report deadline. Current deadline is November 1. (NOTE:  Extension was requested and the Legislative Council granted an extension to December 1, 2006.)

V.     FURTHER INFORMATION – This information is intended to summarize the content of the meeting but is not intended to be meeting minutes. This meeting was video taped by Community Television and tapes can be purchase by contacting William Blood at 207-775-2900. If you need more information on the work of the Homeland Security Task Force, please contact the State Legislature’s Office of Policy and Legal Analysis at 207-287-1670 or visit our webpage at www.maine.gov/legis/opla/homsec.htm.