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Commissioners regular Meeting

Commissioner Shea called the meeting to order at 8:32 a.m. on Tuesday, September 11, 2007in the conference room at the County Courthouse in Ellsworth with Commissioners Brown and Lawson in attendance.

8:30 a.m.: Personnel Hearing

Commissioner Shea declared the Hearing open at 8:40 a.m.  As Mr. Urquhart was not present, Commissioner Shea declared the Hearing closed at 8:41 a.m.  No discussion took place and no testimony was heard.

Adjustments to the Agenda:

MOTION: move to add the following items: 5-A, accept the resignation of Facilities Director Perley Urquhart, to add item 5-B, to appoint Richard Davis of Ellsworth as Acting Facilities Director, to add item 5-C, to advertise in-house for an Assistant Facilities Director, to add item 9-A, a request by the Historical Society to add a ramp to the Courthouse side entrance of the Old Jail, to add item 11-B, a discussion regarding  ICMA Retirement Savings Account Resolution, to add item 3-C, a discussion regarding TSA options. (Shea/Brown 3-0, motion passed)

9:00 a.m.: Bid Opening – Airport Pick-up Truck
Morrisons Chevrolet $29,463.00 less trade in of $14,000,00 = $15,463.00
Darling's $29,816.00 less trade in of $13,500.00  =$16,316.00

Airport Manager Cossette suggested contacting Darlings immediately in order to allow them to double check their math.  He reported Darlings agreed that a math error had occurred and that their intended bid amount was $16,316.00.

MOTION: move to accept the bid from Morrison Chevrolet in the amount of $15,463.00. (Brown/Lawson 3-0, motion passed)

9:15 a.m.: Eastern Maine Development Corporation: Update on EMDC activities.
John Holder, Director of Business Services presented the Commissioners with a brief overview of projects from the past year.  This list is available upon request.

Commission Business:

1.   Commissioners:

a.   Approve: Minutes of the August 14, 2007 Commissioners Regular Meeting, August 22, 29 and September 5th Commissioners Budget Workshops.

Discussion: The Clerk requested the September 5th Commissioners Budget Workshop minutes not be included in the motion as the have not been reviewed for accuracy.

MOTION: move to accept the minutes of the September 14, 2007 Commissioners Regular Meeting, August 22 and 29, 2007 Commissioners Budget Workshops as presented. (Lawson/Brown 3-0, motion passed.)

b.   MCCA $5,000.00 request

  • Commissioner Shea stated that MCCA has requested $5,000.00 from each County, to participate in lobbying and research efforts to study the States proposed County Jail takeover.  Ten counties have indicated, so far, that they will participate.
  • Commissioner Shea suggested funding the request from the Professional Services line in the Commissioners 2007 budget.

MOTION: move to approve the request of the Maine County Commissioners Association in the amount of $5,000.00 to assist with a study and lobbying associated with the proposed Jail takeover. (Lawson/Brown 3-0, motion passed)

2.   Emergency Management Agency:

  • As Director Pinkham could not attend the meeting, there were no questions regarding the monthly report.
  • Commissioner Shea stated that today is the 6th anniversary of the attack on the World Trade Center.  He requested a moment of silence in remembrance of the victims and families of the attacks of September 11, 2001.

 The Emergency Management Agency submitted a quote from Seacoast Securities to install panic buttons throughout the Courthouse.  The cost of installation in the Andrew Peters Office Building was $375.00.  The cost of installation in the Courthouse was $1,330.00.  Total start-up cost is a little over $2,000.00.  The monthly cost quoted is $36.00.  The Commissioners decided to table this item until further information is presented.

3.   Airport:

MOTION: move to ratify the Amendment to the Morris Yacht Lease. (Lawson/Brown 3-0, motion passed)

Discussion: Treasurer Crowley asked if payment for this would come from Reserve Funds.  The answer was no, matching funds would come from the Undesignated Fund Balance.

MOTION: move to accept and execute the MDOT Grant Offer for the Runway 4-22 Safety Area Project. (Brown/Lawson 3-0, motion passed)

  • Airport Manager Cossette reported that he has received a Notice of Assistance Award from TSA.  He reported TSA has decided to grant the Airport $108,883.00 annually, for the next five years, provided funds are available.  This will create an increase in cost to the County over the time provided.  He presented the following three options:
    1. Fund the losses each year.
    2. Locate a supplemental source of funds.
    3. Petition TSA for "flex stationing."
    • Airport Manager Cossette will continue to provide security services as required by law and is planning on asking for flex stationing.
    • Commissioner Shea suggested petitioning our State Representatives for assistance in solving the security issue.

4.   Treasurer:

a.   Approve: Monthly Bills and Warrants

MOTION: move to approve Payroll Warrants #07-31, #07-32, #07-33, #07-34 and #07-35 in the amount of $324,787.08. (Lawson/Brown 3-0, motion passed)

MOTION: move to approve Expense Warrants #007-026, #007-027 and #007-028 in the amount of $730,656.77. (Lawson/Brown 3-0, motion passed)

MOTION: move to approve Unorganized Township Warrant #3 in the amount of $5,819.06. (Lawson/Brown 3-0, motion passed)

  • Treasurer Crowley reported that her Department has been working on the payroll conversion to Bangor Savings Bank.
  • The final accounting of the UT budget will possibly be received by the end of the month.  As soon as she knows the result, she will e-mail the information to the Commissioners.  Commissioner Shea would like to see the Contingency Account increased to bring it close to the $25,000.00 threshold.

5.   Maintenance:

  • Commissioner Shea reported that there is still existing damage to the Courthouse roof.  He requested authorization to retain Lewis + Malm to provide design documents for replacing the roofing membrane on the main courthouse.  He felt it was imperative that the work done before winter begins.  Bid specifications and prices need to be obtained.

MOTION: move to authorize chair to secure design documents for replacing the rubber membrane roof of the Courthouse. Brown/Lawson 3-0, motion passed.

MOTION: move to accept the resignation of Perley Urquhart of Ellsworth as the Facilities Director. (Lawson/Brown 3-0, motion passed)

MOTION: move to appoint Richard Davis of Ellsworth as Acting Facilities Director at a rate of $750.00 per week, effective September 8, 2007 and to advertise in-house for an Assistant Facilities Director. (Brown/Lawson 3-0, motion passed)

  • Commissioners Shea and Brown toured the shower area of the Jail this morning.  Commissioner Shea will be contacting Lewis & Malm to discuss the issue further.
  • Commissioner Brown questioned whether former Facilities Director Urquhart had contacted anyone regarding the pipes under the shower area.
  • The columns of the Andrew Peters Building need to be replaced as it has been discovered that they are rotten.  The cost associated with the replacement is approximately $6,000.00.  The basement floor of the building will be graveled shortly.

6.   Unorganized Territory:

a.   Monthly Report

  • Commissioner Brown reported that he had spoken to UT Supervisor Bunker prior to the meeting and that there were no items to report.

Sheriff:

  • Sheriff Clark presented the Commissioners with Monthly Jail Board Report for the year 2007.  The report indicated that board for the month of August was much better than prior months.  He stated that if the Jail receives $8,500.00 per month, for the next 4 months, they should meet their income projection for 2007.  A printout of the Average Daily Inmate Population Report was distributed as well.
  • The Commissioners and Sheriff Clark discussed the proposed State take over of County Jails.

b.   Permission to sell 2001 Ford Windstar.

Discussion: Commissioner Shea suggested advertising the sale of this vehicle in Uncle Henrys.

  • Sheriff Clark provided the Commissioners with the 2008 projected fleet mileage.

MOTION: move to approve the Sheriff's request to sell a 2001 Ford Windstar, to authorize the Sheriff to offer the van for sale and that he consult with the chairman prior to the sale of the vehicle to the person with the best offer. (Lawson/Brown 3-0, motion passed.)

c.   Approval and signing of vehicle lease agreement

  • Commissioner Shea reported that we have run into an issue on insuring the proposed lease vehicle through the MCCA Risk Pool.  Sheriff Clark felt that because Waldo Count was insured through the Risk Pool that there would not be an issue with him doing the same.
  • Sheriff Clark was willing to work the Commissioners on a Lease Agreement that is acceptable to all parties.
  • Commissioner Brown was concerned that if Sheriff Clark had an accident while using the vehicle for personal use, the Risk Pool would have a coverage issue.  Sheriff Clark stated he has insured the vehicle through his own insurance company, thus solving the problem.  This will also remove a vehicle from our Risk Pool Policy.
  • Sheriff Clark proposed to reduce the Lease to $375.00 per month.  This would cover the lease of the vehicle and insurance coverage.
  • Commissioner Brown suggested that the County trade in the Windstar and purchase a Truck for the Sheriff.  Commissioner Shea stated this idea was rejected at a previous meeting.
  • Sheriff Clark stated he has already traded in his personal vehicle, therefore negating Commissioner Brown's proposal.  Commissioner Shea stated this is an unfortunate scenario due to the fact that the Risk Pool did not promptly answer our questions regarding insuring the vehicle.

Discussion: Sheriff Clark suggested advising the Treasurer of the account the lease would be paid from.

MOTION: move that we approve the vehicle lease agreement between the County of Hancock and William F. Clark and that the lessee agrees to pay the lessor the amount of $375.00 per month. (Lawson/Brown 3-0, motion passed)

10:45 a.m.: Break
10:54 a.m.: Back in session

8.   RCC 9-1-1:

a.   Monthly Report

  • Director Dunno submitted her written report prior to the meeting.
  • Commissioner Shea asked for an update of the CAD System.  Director Dunno reported that Dispatcher Means is scheduled for training, reports are being generated but there are some issues that still need to be resolved.  She reported that once everyone is used to the system there should be very few issues.
  • Director Dunno stated the connection to the City of Ellsworth has not been completed yet due to Kirk Communications not responding to our request for service.  Commissioner Shea suggested making a list of current issues and contacting Sierra Communications in Bangor.
  • Commissioner Brown stated that at the last meeting with the RCC the Board of Directors expressed a concern regarding not having a contract in place between the City of Ellsworth and the County of Hancock for the use of the CAD system.  Commissioner Brown questioned if this would be a good time to discuss dispatching services with the County of Penobscot.  Commissioner Shea stated it was his opinion that it was not a good time to tackle this issue due to other pressing issues with in County Government.
  • Commissioner Brown questioned whether the CAD system would be available to other towns within the County. The answer was no, Commissioner Shea stated that John DeLeo has previously stated that the CAD system does not really do his department any good.
  • Commissioner Brown stated he has been contacted by Towns requesting a joint exercise to include the RCC and other towns through out the County.  He would like the see a cooperative exercise between the County RCC and the Towns.  Director Dunno stated that there would be cost associated with this.  Radio frequencies would have to be programmed.
  • Commissioner Shea questioned if Director Dunno had been working on hiring a part-time employee.  Director Dunno has been running numbers and does not have an answer to his question at this time.  Commissioner Shea assured Director Dunno that she has permission to advertise for a 20 hour a week, part-time employee.
  • Commissioner Shea suggested completing a study on evening dispatching for towns throughout the county.  Director Dunno reported the expense associated with the proposal would be adding radio frequencies.

b.   Discussion of Exxacom voice recorder replacement

  • Director Dunno reported that quotes for an upgrade to the Exxacom voice recorder were received.  One quote was for $6,390.00 for a complete upgrade.  This quote contains a maintenance fee.  A quote for $14,485.00 was also received.
  • Commissioner Lawson questioned why we would choose an old upgrade vs. a new upgrade.  She questioned the major differences in the proposals.  Both versions presented are compatible with Windows XP.
  • Director Dunno suggested putting out an RFP for a new system that is compatible with an MS platform, digital capabilities and 4 and 8-channel expansion.  Director Dunno will return next month with the RFP for approval by the Board.

9.   New Business:

  • Commissioner Shea stated that the Historical Society has requested to install a ramp at the Courthouse side entrance of the Old Jail.  This ramp would come from the doorway to the end of the building.
  • Commissioner Shea was concerned that a ramp would make snow removal difficult and make backing out of parking spaces a problem.  We would also lose a parking space.
  • Commissioner Lawson was concerned that the railing was not designed to meet ADA specifications.
  • Commissioner Brown was concerned that an easement would be required to put the ramp on County property.  Commissioner Shea was concerned that the agreement would be irrevocable if agreed to.
  • The Commissioners questioned the timing of the request.  Commissioner Shea stated it was a little disconcerting to see bricks falling off the building on to our land but yet, they have funds to build a ramp.
  • Commissioner Lawson suggesting taking back the building.
  • Commissioner Shea suggested a walking inspection of the building.  Sheriff Clark suggested adding the ramp to the front of the building rather than the side.  Sheriff Clark stated we would loose two parking spaces due to regulations.
  • Commissioner Shea stated the Historical Society owns the walkway and footprint of the building and therefore could add the ramp to the front of the building without consulting the Commissioners.

 MOTION: move to deny the request of the Historical Society to install a ramp at the Old Jail. (Brown/Lawson 3-0, motion passed)

  • Linda Grindle from the Historical Society joined the meeting at 12:35 p.m.  She stated the need for a handicapped ramp at the Old Jail.  Commissioner Lawson suggested repairing the building before installing a ramp.  Mrs. Grindle questioned adding the ramp to the front of the building.  Commissioner Shea stated that would be a possibility, it is Historical Society land and a more practical way to handle the issue.  Commissioner Shea volunteered to meet with her to help with projections.
  • Commissioner Lawson suggested calling Earl at Maine Historic Preservation in order to receive funds for the project.

10.   Old Business:

a.   Eaton v. Town of Castine clarification of Tax Appeal Order

Commissioner Shea stated that his calculations at the August 14, 2007 meeting were incorrect regarding the Eaton v. the Town of Castine Tax Appeal.  He reminded the Commissioners of the three separate zones that divided the area.  The following clarification was made to the Order:

MOTION: move to clarify and grant an abatement to Lawrence Eaton in the amount of $33,166.00. (Shea/Lawson 3-0, motion passed)

b.   Non-exempt, non-union Overtime and Compensatory Time Policy

  • During the July 2007 Commissioners Regular Meeting the Clerk was instructed to create a Non-exempt, non-union Overtime and Compensatory Time Policy that mirrored the current SO/RCC Union policy.

MOTION: move to approve the Non-exempt, non-union Overtime and Compensatory Time Policy which states: Non-exempt, non-union employees may accumulate up to 100 compensatory hours per year.  Compensatory time may be used or bought down at any time during the year.  Not more than forty-(40) hours may be carried over annually. (Brown/Lawson 3-0, motion passed)

c.   Reschedule: Tax Appeal Hearing: Robinson, Biskind, Cohen vs. Town of Brooksville
The Tax Appeal Hearing for Robinson, Biskind, Cohen vs. Town of Brooksville was rescheduled for November 13th at 1:00 p.m.

12:35 p.m.: Back in session

11.   County Clerk:

  • The County Clerk request the Commissioners to accept a Resolution from ICMA Vantage Care for a Retirement Savings Account.

MOTION: move to adopt the ICMA Vantage Corporation Vantagecare Retirement Health Savings (RHS) Plan, Adoption Agreement. (Shea/Brown 3-0, Motion passed)

MOTION: move that the remaining balance under section VIII of the Vantagecare Retirement RHS Plan revert to the employer. (Shea/Lawson 3-0, motion passed)

Treasurer Crowley reported that the UT Roads budget had a carry forward of $22,640.00 from prior years.  She asked if the Commissioners wished to carry it forward or put it into a Roads CD?  Commissioner Shea suggested putting it into a CD.

If the funds were put into reserves, it would show the UT budget under budget.  Treasurer Crowley asked if the Commissioners wanted to treat it as a work in progress or let it lapse to surplus.  Commissioner Shea suggested applying it to the 2008-2009 budget.  Treasurer Crowley suggested letting it lapse to surplus, that way it could be applied to the 2008-2009 budget.

MOTION: move to replenish the Roads Reserve account in the amount of $22,690.00. (Lawson/Brown 3-0, motion passed)

Treasurer Crowley questioned why the firefighting and waste removal lines of the UT budget had so much money in it and stated that she has asked for copies of UT Contracts for several years.  She also voiced her concert that the Administrative Assistant "goes out on the road" with the Supervisor rather than working in house.  She felt it was the duty of the UT Clerk to reconcile the UT accounts on a monthly basis.

MOTION: move to instruct the Sheriff's employees to comply with the Auditors request to provide an accounting of the Employees Account, if the information is not provided by October 1st, the income generated by the machines will revert to the County Treasury. (Shea/Brown 3-0, motion passed)

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