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Commissioners Special Meeting

Commission Chairman Percy L. Brown Jr. called the special meeting of the Hancock County Commissioners to order at 9:00 a.m. on Friday, June 11, 2010 with Commissioner Joy in attendance.

Adjustments to the Agenda:

MOTION: to add item 6, approval of bids for installation of security gate and electronic door lock system. (Joy/Lawson 3-0, motion passed

Commissioner Lawson excluded herself from the Henderson v. the Town of Penobscot tax appeal deliberations. An audio tape of the deliberations is available, upon request, in the commissioners’ office.

Commissioner Joy stated that there are three criteria that the commissioners have to look at, he did not feel that the judgment was irrational or unreasonable, he stated that the Henderson’s did not prove that they were discriminated against and the methodology was not fraudulent, dishonest, or illegal. He stated that in his option, the assessment stands as is. Commissioner Brown concurred and stated that in his opinion, the Town of Penobscot has made an effort to look at the property and has taken an additional 10% off the house lot and land for the inference of the gravel islands. Noting that, he concurred with Commissioner Joy to deny the appeal.

MOTION: that we deny the Henderson appeal against the Town of Penobscot finding that the judgment of the assessor was not irrational or unreasonable, the Henderson’s did not prove discrimination and the methodology used was not fraudulent, dishonest, or illegal.. (Joy/Brown 2-0-1, motion passed.) Commissioner Lawson abstained.

Discussion: Commissioner Joy stated that there was a period of time in the real estate market that when sales were driving up prices and sometimes that picture or window in time happens to be they did their assessment. People paid more at that time than the property is worth today, but there is a picture in time that the assessor has to choose and on that day they chose it and there is a value determined as of that day. He felt that the methodology used was fine. The mill rate needs to reflect the tax; he felt that the methodology that they used was fair to all concerned.

Commissioner Lawson stated that she has reviewed the petitioners request and the arguments presented by Patterson’s Law Office. She found that the petitioner has not proven their case and that there was no fraud, no discrimination, no errors in computation and she felt that the town had assessed the property correctly. Commissioner Joy stated that, for the record, the judgment of the assessor was not unrational or unreasonable; he didn’t feel that the petitioner had been discriminated against and that the methodology used was not fraudulent, dishonest, or illegal. He believed that the town of Brooksville has assessed the property fairly. Commissioner Brown concurred with Commissioners Lawson and Joy stating that he looked at the property and from the maps that were given to him, although one side of the property looks a little different than the other side, both was aesthetically pleasing to him. He saw no discrimination in the methodology used by the Town of Brooksville in assessing the valuation on the Freeman property.

An audio tape of the Freemen vs. the Town of Brooksville tax appeal deliberations is available, upon request, in the commissioners’ office.

MOTION: in the case of Freeman vs. the Town of Brooksville, we find that the assessors judgment was not irrational or unreasonable, that the assessor did not discriminate against the Freeman’s and that the methodology that they used was not fraudulent, dishonest, or illegal, therefore we move to uphold the assessment from the Town of Brooksville. (Joy/Lawson 3-0, motion passed)

Discussion: Commissioner Lawson stated that she was “hung up” on the side of the property until she figured out that it did not matter where the extra property was put in, it could be put in in either place.

Telephone system:

MOTION: to approve the purchase of the telephone system offered by sierra Communications in the amount of $35,850. (Joy/Lawson 2-1, motion passed) Brown opposed.

Sheriff Clark presented with commissioners with three issues. He requested to transfer $2,000 to the Town of Southwest Harbor for their involvement in case that led to a drug task force forfeiture. Commissioner Brown was opposed to his request due to the amount of funds the county currently pays to the town to supplement their officer.

MOTION: to recognize that Southwest Harbor deserves the $2,000 for their portion of drug task force forfeiture. (Lawson/Joy 2-1, motion passed) Brown opposed.

Discussion: Commissioner Joy asked if the drug task force was going to make their projected revenues in the FY10 budget. Sheriff Clark thought that they would.

Sheriff Clark requested approval to ask for a minimum bid of $8,000 for a 2007 Buell Firebolt motorcycle that was obtained by a DTF forfeiture. This item will be put out to sealed bid through a local newspaper, sales magazine or on the internet.

MOTION: approve the sheriff’s request to ask for a minimum bid of $8,000 for a 2007 Buell Firebolt motorcycle. (Joy/Lawson 3-0, motion passed)

Sheriff Clark requested to that a $2,696.47 lien on 2004 Mercury Mountaineer obtained through a drug task force forfeiture be paid. He also asked for approval to ask for a minimum bid of $6,000 for the vehicle.

MOTION: to pay off the loan of the 2004 Mercury Mountaineer in the amount of $2,696.47 and to set a minimum bid of $6,000 on the vehicle. (Joy/Lawson 3-0, motion passed)

MOTION: to award the contract for installation of a security gate in the amount of $1,684 and to accept the bid from Acadia Lock in the amount of $834 to install an electronic buzzer system in the sheriff’s department lobby area. (Brown/Joy 3-0, motion passed)

MOTION: to approve the Courthouse Union Collective Bargaining Agreement with non substantive changes that involves grammar and typographical changes. (Lawson/Joy 3-0, motion passed)

Commissioner Brown stated that he met with architect Rick Malm to view the jail retaining wall. Mr. Malm felt that major work would be needed. Mr. Malm is preparing estimates for engineering and to fix the wall.

Commissioner Brown stated that the CFO has presented numbers for the end of the fiscal year jail budget. Commissioner Joy stated that if this was not an agenda item, he was not going to discuss it. He preferred discussing the matter with the sheriff present. Commissioner Brown offered to add it as an agenda item, if the sheriff wanted to join the meeting.

10:12 a.m.: Break

10:15 a.m.: Back in session

MOTION: to add item 7, as an emergent item, a discussion about FY 09-10 jail end of year budget. (Joy/Lawson 3-0, motion passed)

CFO Roy briefed the commissioners on the FY09-10 jail end of year revenue and expense totals. Discussion followed.

11:03 a.m.: meeting adjourned.

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