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Commissioners Regular Meeting

Commission Chairman Percy L. Brown Jr. called the meeting of the Hancock County Commissioners to order at 9:00 a.m. on Friday, December 10, 2010 in the conference room at the county courthouse in Ellsworth with Commissioners Joy and Lawson in attendance.

Adjustments to the Agenda:

MOTION: to remove items7 a and b. (Joy/Lawson 3-0, motion passed)

MOTION: to add an item 3b regarding a budget issue. (Lawson/Joy 3-0, motion passed)

MOTION: to add item 10m, approval of the Transco Maintenance Agreement and an executive session under MRSA 405(6). (Lawson/Joy 3-0, motion passed)

MOTION: to add item 4f, the execution of the business agreement for 2010-2012 with Colgan Air. (Joy/Lawson 3-0, motion passed)

Horst Kuehn was recognized for his 10 years of service to Hancock County. The commissioners congratulated him on a job well done and stated that he has been an example to other employees, he was wished well upon his retirement and the commissioners agreed that he will be missed.

Commission Business:

OLD BUSINESS:

MOTION: to approve the minutes of the November 9, 2010 commissioners regular meeting. (Joy/Lawson 3-0, motion passed)

Commissioner Brown stated that after reading the Morgan Bay Zendo appeal, he was not sure if the commissioners could grant an appeal on a tax exempt property. He felt the commissioners did not have the authority. Commissioner Lawson thought the hearing should be scheduled.

The commissioners scheduled the tax appeal hearing for Morgan Bay Zendo v. the Town of Surry for Friday, February 4, 2011 at 9:00 a.m.to schedule a tax appeal hearing for Eaton v. the Town of Castine for February 4, 2011.

COMMISSIONERS:

MOTION: to approve the revision to the Personnel Policy in section XIII. C. Overtime and Compensatory Time. (Lawson/Joy 3-0, motion passed)

MOTION: to approve the revision to the Personnel Policy in section XXX Nepotism (Joy/Lawson 2-1, motion passed) Brown opposed.

Discussion: It is understood that current employees, that fall under this revision will be grandfathered. Commissioner Brown felt that this policy could possibly be construed as discrimination. Commissioner Joy felt this policy should be implemented for hiring purposes and followed from this day forward.

EMERGENCY MANAGEMENT AGENCY:

There were no questions concerning the monthly report. Emergency Management Director, Ralph Pinkham stated that there are inaccuracies in the FY09 County Audit with regard to the Emergency Management Department. Commissioner Brown directed Director Pinkham to contact the auditor, in order to better understand the issues. CFO Roy stated that corrections will be made to Schedule B, by the auditor that reflects proper placement of grant funds. These funds have been placed in their own fund, since the beginning of 2010. This change should correct the problem. Commissioner Joy stated that the Director is ultimately responsible for his department and he should be the person coming to the Office of Financial Affairs to report problems. Commissioner Brown stated that there needs to be better communication between Emergency Management Agency and the Office of Financial Affairs. Director Pinkham and CFO Roy agreed to work together to resolve the problem. A meeting will be held on Tuesday between the auditor, the CFO and Director Pinkham, in order to resolve the issues.

AIRPORT:

MOTION: to authorize the chairman to execute two MEMA Security Program grants in the amount of $10,776.35 and $8,859.49. (Lawson/Joy 3-0, motion passed)

Discussion: These funds would fall under the airport manager’s charge.

MOTION: to authorize the chairman to sign Change Order No. 2 for the ARFF Facility Project, AIP 27. (Lawson/Joy 3-0, motion passed)

MOTION: to authorize the chairman to execute the Design and Engineering Contract Amendment for the ARFF Facility Project, AIP 27. (Lawson/Joy 3-0, motion passed)

MOTION: to retain the airport’s part-time on-call janitor, not to exceed 8 hours per week. (Lawson/Joy 2-1, motion passed) Brown opposed.

MOTION: to authorize the chairmen to sign the agreement for 2010-2012 with Colgan Air for Essential Air Services. (Lawson/Joy 3-0, motion passed)

Airport Manager Navia updated the commissioners stating that the Instrument Landing System is back in service, the Goose Cove Aquaculture project, the budget and the sweeper was briefly discussed.

REGISTRY OF DEEDS:

The state wide web portal is moving forward, the search screens are being work on and all vendors have been contacted. Up to date information will be more costly than a 24 hour delay.

MOTION: to authorize the Register of Deeds to travel out of state to the Aptitude Conference. (Joy/Lawson 3-0, motion passed)

10:30: Break
10:33: Back in session

RCC/E-9-1-1:

MOTION: to approve the director’s request for out of state travel. (Lawson/Joy 3-0, motion passed)

MOTION: to approve a contract between the Town of Eastbrook and the Hancock County RCC in the amount of $891.70. (Brown/Joy 3-0, motion passed)

There were no questions regarding the RCC/E-9-1-1 monthly report. Commissioner Brown questioned over expenditures in the RCC budget for FY10. CFO Roy clarified that including grants, the RCC/E-9-1-1 budget was actually over $7,000 to the good.

SHERIFF:

MOTION: to remove administratively from the employment rolls: Corrections Officers Robert Courtot, Amy Jo Smith, Glenn Foss, Gregory MacKay and Chris Staples. (Joy/Lawson 3-0, motion passed)

MOTION: to approve the hire of Joshua Jordan of Waltham as a part-time deputy, effective December 11, 2010 at the rate of $12.50 per hour. (Joy/Lawson 3-0, motion passed)

MOTION: to approve a request to extend Leave of Absence Without Pay for Tim Jones for 30 days. (Joy/Lawson 3-0, motion passed)

UNORGANIZED TERRITORY:

Commissioner Lawson and Commissioner Joy agreed that the county should offer the Town of Burlington $1,500 as a flat rate. Commissioner Brown stated that he was concerned that the county would have to cover these firefighters under the county workers comp policy, due to new laws. The discussion was postponed for later in the day.

OFFICE OF FINANCIAL AFFAIRS:

10:54 a.m.

MOTION: to enter into executive session under MRSA 405 (6) to discuss a contractual agreement. (Joy/Lawson 3-0, motion passed)

Commissioner Brown called the meeting back into regular session and the following motion was made:

MOTION: to transfer $50,000 from the health insurance capital account into the UBS health account. (Joy/Lawson 3-0, motion passed)

MOTION: to approve the General Fund and Airport payroll warrants #10-44, #10-45 and #10-46 in the aggregate amount of $139,711.03. (Joy/Lawson 3-0, motion passed)

MOTION: to approve the General Fund and Airport expense warrants #10-44, #10-45, #10-46 and #10-47 in the aggregate amount of $349,588.94. (Joy/Lawson 3-0, motion passed)

MOTION: to approve the Jail and UT Fund payroll warrants #11-19, #11-20 and #11-21 in the aggregate of $69,078.65. (Joy/Lawson 3-0, motion passed)

MOTION: to approve the Jail and UT Fund expense warrants #11-16, #11-17, #11-18 and #11-19 in the aggregate of $72,798.20. (Joy/Lawson 3-0, motion passed)

CFO Roy updated the commissioners on the financial reports to include jail update noting that jail overtime has reached excessive levels. Jail Administrator Dannenberg stated that the overtime issues are a direct result of the Union Contract. Commissioner Brown asked the sheriff why we do not change the jail to a holding facility. The sheriff did not feel that this was a good idea and stated that the county will never pay more than the tax cap set in FY08. He felt that giving up the county jail would be the first step in the depletion of county government.

MOTION: to approve October expenditures in the health insurance account in the amount of $84,584.83 and November expenditures in the amount of $143,332.99. (Joy/Lawson 3-0, motion passed)

MOTION: to approve capital expenditure from accounts: G1-3014-10 Treasurer Technology $4,330, G1-3012-90 Deeds Copier & Technology $7,200, G1-3012-40 DA Copier $3,000, G1-3012-20 Commissioners Copier $3,000, and G2-3010-80 Airport Office Equipment $1,140, to purchase a copiers, for a total of $18,670. (Joy/Lawson 3-0, motion passed)

MOTION: to approve a capital expenditure from account #11-03-72-7201 Capital Building Improvement in the amount of $4,875.00, to purchase a copier. (Joy/Lawson 3-0, motion passed)

MOTION: to approve a capital expenditure from account G13011-01 Courthouse Technology in the amount of $1,328.99, to purchase a computer. (Lawson/Joy 3-0, motion passed)

CFO Roy requested that the commissioners direct county staff to use the Comdata card for all purchases. Sheriff Clark stated that he has no reason to use the Bangor Savings Credit vs. the Comdata card. A discussion regarding cost savings from utilizing the Comdata card vs. utilizing Dead River Company was discussed.

MOTION: to direct the sheriff to stop using the Bangor Savings credit card and to contact Bangor Savings to cancel the card. (Joy/Lawson 3-0, motion passed).

Discussion: Commissioner Lawson suggested directing the sheriff to stop utilizing the Dead River account. Sheriff’s Administrative Assistant, Michelle Cote explained that part-time patrolmen need to utilize the Dead River account rather than having credit cards in patrol cars.

CFO Roy requested to consolidate all county cell phone accounts under one account. Commissioner Brown suggested meeting with department heads in order to see if there are savings to be had.

12:25 p.m.: Break
1:04 p.m.: Back in session

MOTION: to enter into executive session under MRSA title 1 §405 6(E) to meet with legal counsel. (Joy/Lawson 3-0, motion passed)

Commissioner Brown called the meeting back into regular session at 1:41 p.m. with nothing to report.

1:42 p.m: Break
1:46 p.m.: Back in session.

Communication discussion continued:

CFO Roy requested that the commissioners direct the sheriff to provide the corresponding user information with cell phones issued. Commissioner Lawson used the example of the cruiser inventory created by Lt. Timothy Cote.

CFO Roy requested formal approval of the Jail Bond refinance resolution.

VOTED: (1) That, pursuant to authority granted by the general laws of the State of Maine, and any other applicable law, there is hereby authorized the issuance of General Obligation Refunding Bonds of the County (the "Bonds") in an aggregate principal amount not to exceed $2,400,000 for the purpose of refunding an existing bond originally issued in 1998 for the purpose of jail construction and courthouse renovations as authorized by Chapters 40 and 81 of the Private and Special Laws of 1997 and a referendum vote conducted on November 4, 1997.

(2) That the County Treasurer and Chair of the Board of Commissioners are hereby authorized to seek competitive bids and award the Bonds on behalf of the County to the bidder offering the lowest interest rate. The Treasurer and Chair are further authorized to fix the dates, maturities, denominations, interest rate, place of payment, form and other details of said securities, including the execution, sale and delivery of said securities against payment therefore, consistent with the terms and conditions contained in the Preliminary Official Statement for the issue, which is hereby approved and ratified in all respects, including the appointment of The Bank of New York Mellon Trust Company, N.A. as Paying Agent. The term of the Bonds does not exceed 120% of the economic life of the project for which the bonds being refunded were issued.

(3) That the bonds are hereby designated bank-qualified obligations pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.

(4) That the County hereby irrevocably pledges the revenue from ad valorem taxes assessed and paid to the County by its member municipalities pursuant to warrants issued by the County to the municipalities, as authorized by State law.

(5) That the County officers and officials are hereby authorized to execute and deliver any and all documents and certificates, and to take any and all actions, including affixing the seal of the County as may be necessary or convenient to carry out the full purpose and intent of the foregoing vote.

MOTION: to enter the “Vote” for the jail bond refinance resolution into the minutes. (Joy/Lawson 3-0, motion passed)

Discussion: the bond will be put on the open market for sale on January 15, 2011 and called at the end of January. It will be paid off in February 2011.

CFO Roy requested the incorporation of all telephone, internet and cell phone account into one department. Commissioner Joy stated that this should be discussed at a department head meeting. CFO Roy requested to add the item to the December 28th Special Meeting agenda.

CFO Roy requested approval to move all Sheriff’s Office grants and contracts that are revenue neutral, to their own fund thus creating a Fund 8. Approval was granted.

MOTION: to approve the Office of Financial Affairs to move all grants and contracts that are revenue neutral to their own fund from the Sheriff’s Office. (Joy/Lawson 3-0, motion passed)

CFO Roy gave a brief overview of potential health insurance changes for 2011. The grandfathering of the current plan was discussed.

MOTION: to grandfather county health insurance with regard to the “Obama” plan. (Lawson/Joy 3-0, motion passed)

The Energy Grant RFP has been sent out. Efficiency Maine will be helping with offset monies.

CFO Roy requested approval of the Transco copier maintenance agreement.

CFO Roy recommended the following changes to the FY11 County budget:

MOTION: to change the RCC bottom line budget from $641,120 to $641,705. (Lawson/Joy 3-0, motion passed)

MOTION: to change the Sheriff’s department bottom line budget from $1,146,252 to $1,145,807. (Lawson/Joy 3-0, motion passed)

MOTION: to change the 3rd Party Donations bottom line budget from $129,500 to $129,260. (Lawson/Brown 2-1, motion failed, BAC motion passes) Joy opposed.

MOTION: to use $100,000 from FY2010 Undesignated Funds to reduce the taxes for the FY11 budget. (Lawson/Joy 3-0, motion passed)

MOTION: to set the Overlay at 2%. (Lawson/Joy 3-0, motion passed)

MOTION: to remove from the general fund, departments 19, 21 and 45 and create a Fund 8. (Lawson/Joy 3-0, motion passed)

MOTION: Total Revenues: $1,452,152. (Joy/Lawson 3-0, motion passed)

MOTION: Total Expenditures: $6,693,477. (Joy/Lawson 3-0, motion passed)

CFO Roy recommended the following changes to the FY11 Airport budget:

Revenues:

  • Increase account 40-150 Airport Misc Revenue, to $2,000.
  • Increase account 40-350 Airport Car Rental to $80,000.
  • Increase account 40-400 Airport Fixed Base Operations to $121,600.
  • Decrease account 40-500 Airport Parking Fees to $2,500.

Expenditures:

  • Increase account 40-10-006 Cleaning to $2,500
  • Decrease account 40-10-200 Gas to $6,000.
  • Decrease account 40-10-600 Misc. Supplies to $8,000.
  • Increase account 40-10-700 Automotive to $7,000.
  • Decrease account 40-15-001 Electricity to $25,000.
  • Decrease account 40-15-002 Heat to $10,000.
  • Increase account 40-15-310 Trash Removal to $900.
  • Increase account 40-70-110 Lawn Mower to $3,000.
  • Increase account 40-70-410 Terminal Bldg Equipment to $2,000.
  • Decrease account 40-70-420 Paving to zero.
  • Increase account 40-70-460 Terminal Building Roofing to $10,000.
  • Add an account for Loader Replacement and fund it with $10,000.

MOTION: to approve the FY11 Airport revenues in the amount of $718,960. (Joy/Lawson 3-0, motion passed)

MOTION: to approve expenditures in the amount of $617,708. (Lawson/Joy 3-0, motion passed)

MOTION: to approve the FY11 Unorganized Territory expenditures in the amount of $224,567. (Joy/Lawson 3-0, motion passed)

MOTION: to approve FY11 Unorganized Territory revenues in the amount of $29,562(Joy/Lawson 3-0, motion passed)

MOTION: to approve FY11 Unorganized surplus in the amount of $40,000. (Joy/Lawson 3-0, motion passed)

MOTION: to move the amount to be raised by taxation for the UT budget at $155,005. (Lawson/Joy 3-0, motion passed)

COUNTY CLERK:

MOTION: to approve the 2011 Holiday Schedule, as presented. (Lawson/Joy 3-0, motion passed)

MOTION: to approve the Freedom from Unlawful Harassment Policy, as presented. (Lawson/Joy 3-0, motion passed)

MOTION: to approve the 2011 Health Insurance Buy-Out/Buy-Down Policy, as presented. (Lawson/Joy 3-0, motion passed)

MOTION: to enter into executive session under MRSA title 1 §405 6(a): to discuss an employment issue. (Lawson/Joy 3-0, motion passed)

Commissioner Brown called the meeting back into regular session at 3:15 p.m., with nothing to report.

MOTION: to approve the Transco maintenance agreement. (Joy/Lawson 3-0, motion passed)

Unorganized Territory continued:

MOTION: to sign the Burlington Fire Protection Agreement with a $1,000 annual rate and the stipulated hourly rates if they are called out. (Joy/motion failed for lack of 2nd)

Discussion: Commissioner Lawson wanted to know why the county is contracting for fire suppression with the Town of Burlington, if we have not done so in the past. The Town of Burlington asked for this service.

E-9-1-1 Addressing Agent Perry stated that Nicatous is the most populated township that Hancock County has other than Fletchers Landing Township. Commissioner Brown stated that by law, we do not have to provide fire services to Unorganized Territory’s. He suggested offering them a straight fee of $2,000. Commissioners Lawson and Joy disagreed. Commissioner Lawson stated that the UT Agent should write a letter to the Town of Burlington designating them as the fire suppression entity for Township 3 and the West Lake area located in Township 40. Commissioner Brown directed the Clerk to check with workers comp to see if these firefighters will be liable under the county workers comp policy and that the county will not be liable if any firefighters get hurt. Mr. Perry cautioned the commissioners about reconsidering their stance on not providing fire suppression service to the Unorganized Territory’s. Mr. Perry was asked to return with his request on December 28th.

Public Comment: Philip Merletti and Roger Ek requested commissioner support to repeal the 1971 Land Use Regulatory Act. The commissioners listened to their proposal, and thanked them for their attendance.

MOTION: to adjourn. (Joy/Lawson 3-0, motion passed)

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