Commissioners Regular Meeting

Commission Chairman Steven E. Joy called the meeting of the Hancock County Commissioners to order at 9:00 a.m. on Tuesday, April 5, 2011in the conference room at the county courthouse located in Ellsworth, with Commissioner Lawson in attendance. Commissioner Brown was absent.

Adjustments to the Agenda:

MOTION: to add item 2h, to accept the resignation of Tyler Kennedy as the airport clerical assistant, to move the Sheriff's items to the top of the agenda, to remove items 4 A &B, to continue the Means grievance hearing, to postpone the Ewing grievance hearing, to change item 2b to: approve the hire of a part-time, on call as needed ARFF employee at a rate to be discussed and to move the airport manager’s evaluation to item 2I. (Lawson/Joy 2-0, motion passed)


Sheriff Clark introduced Drug Task Force Advisory Board members Chief James Willis, Chief John DeLeo and Chief Sean Geaghan, Special Agent Supervisor Corey Bagley and Deputy Christopher Thornton. Sheriff Clark requested approval to hire Michael Southard of Cherryfield as a full-time patrol deputy at Step 12C $17.67 per hour effective April 9, 2011.

Commissioner Joy stated that he was in favor of the Drug Task Force (DTF) and questioned the fiscal impact of the change. Sheriff Clark presented the wage savings spreadsheet which outlined the savings associated with the Bagley/Thornton promotions. Sheriff Clark stated that a spare vehicle will be retained for Agent Thornton and Deputy Southard will be utilizing Agent Thornton's current cruiser. Commissioner Lawson stated that she was in favor of the plan as presented.

MOTION: to approve the hire of Michael Southard of Cherryfield as a full-time patrol deputy at Step 12C $17.67 per hour, effective April 9, 2011. (Lawson/Joy 2-0, motion passed)

Discussion: Chief Willis stated that, in his opinion, the DTF is one of the best ideas that has been implemented in a long time. He voiced his support of the continuation of the DTF and encouraged the commissioners to take action today, since the DTF is working shorthanded. Supervisor Bagley will actively participate in the day to day operations of the task force. Chief DeLeo stated that there is a tremendous cooperation within Hancock County and that Hancock and Washington counties should not be compared. Commissioner Joy stated that Bucksport Town Manager, Roger Raymond has previously voiced his concern of not receiving reports on the efforts/accomplishments of the DTF. Chief Willis stated that reports and data will be coming in the near future.

MOTION: to acknowledged the promotion of Deputy Christopher Thornton to the position of Special Agent to the DTF. (Lawson/Joy 2-0, motion passed)


MOTION: to approve putting a 2005 Ford Crown Victoria out to bid. (Lawson/Joy 2-0, motion passed)

The following bids were received for the 2004 Dodge Intrepid:

McFarland and Associates LLC $1,311, as is

David Walton $500

MOTION: to accept the bid from McFarland LLC in the amount of $1,311 for the 2004 Dodge Intrepid. (Lawson/Joy 2-0, motion passed)


MOTION: to authorize the chairman to sign the amended closeout documentation for AIP 23. (Lawson/Joy 2-0, motion passed)

Airport Manager Navia explained the current ARFF structure and presented a training design and implementation plan in order to provide more structure to the department. She requested to hire a part-time, on-call as needed ARFF employee and to place the hire on the wage scale at Step 8A $12.99 per hour with a step progression. Commissioner Joy stated that he could agree to a part-time regular person with specified hours every week. Commissioner Lawson agreed. CFO Roy suggested reverting back to the Garcia rules with regard to the overtime issue.

MOTION: to authorize the airport manager to hire a part-time, trained ARFF Responder at 12.50 per hour. (Lawson/Joy 2-0, motion passed)

Discussion: this would be a trained person.

MOTION: to accept the lease and operating rights agreement for Enterprise Rent-A-Car Company and to authorize the chairman to execute the document. (Lawson/Joy 2-0, motion passed)

MOTION: to authorize the chairman to sign all airport pavement marking contracts dealing with Hoyle, Tanner & Associates to perform professional engineering services, going out to bid and the grant application. (Lawson/Joy 2-0, motion passed)

Airport Manager Navia updated the commissioners on her progress to bring the air charter business Dreamshore Aero to BHB.

MOTION: to accept the resignation of Tyler Kennedy as airport clerical assistant. (Lawson/Joy 2-0, motion passed)

Chairman Joy stated that because Commissioner Brown was not here and he was not prepared to conduct the airport manager's evaluation today. A comparison of salaries of other airport managers in the area was distributed.

A special meeting was scheduled for April 20, 2011 at 1:00 p.m. in order to open security camera bids and conduct the airport managers evaluation.


MOTION: to affirm the hire of Joan Higgins of Ellsworth as a part-time, on call, as needed clerk in the Registry of Probate/Registry of Deeds, at the rate of $12 per hour, to by paid under the Surcharge account. (Lawson/Joy 2-0, motion passed)

10:22 a.m. - Break
10: 27 a.m. – Back in session


MOTION: to accept: the resignation of part-time dispatcher Eli Brown effective March 4, 2011. (Lawson/Joy 3-0, motion passed)


The Gleason v. the Town of Gouldsboro tax appeal was scheduled for the May 3rd commissioners’ regular meeting at 1:00 p.m.


MOTION: to approve Payroll Warrants #11-08, #11-09, #11-10, #11-11 and #11-12 in the aggregate amount of $232,778.87. (Lawson/Joy 2-0, motion passed)

MOTION: to approve Expense Warrants #11-09, #11-10, #11-11 and #11-12 in the aggregate amount of $641,454.45. (Lawson/Joy 2-0, motion passed)

MOTION: to approve Jail and UT Payroll Warrants #11-35, #11-36, #11-37, #11-38 and #11-39 in the aggregate amount of $116,954.03. (Lawson/Joy 2-0, motion passed)

MOTION: to approve Jail and UT Expense Warrants #11-32, #11-33 and #11-34 in the aggregate amount of $116,923.88. (Lawson/Joy 2-0, motion passed)

CFO Roy distributed the financial reports to include the jail update. He explained that there are several accounts in the jail that are over expended. Account 4602 is overdrawn by $13,408 due to work being done on the interior of the facility. The overtime account is over expended by approximately $25,000. He stated that by the end of the year, the jail will be over expended, in total, by $20,000. Commissioner Joy suggested changing the overtime budget proposal for 2013 to reflect actual overtime in the amount of $170,000. The retaining wall issue will be discussed by the working group within the next few months.

The jail budget will be discussed at the May regular meeting.

MOTION: to approve February 2011 expenditures in the health insurance account in the amount of $160,144.71. (Lawson/Joy 2-0, motion passed)

CFO Roy explained that the March health insurance report will be approximately $40,000 to $50,000 in the red due to a third installment payment incurred in March.

There were no capital expenditures and/or transfer requests.

Energy grant work is progressing; the contract with Penobscot Builders in the amount of $208, 660 should be signed next week. The total amount of the project to include savings will be $196,140. This amount is $3,860 under the $200,000 amount approved by the commissioners. Details have been ironed out and Commissioner Brown is working as the Clerk of the Works on the project. A preconstruction meeting will be held next week.

Bank bids were received from: TD Bank North, Bangor Savings Bank, The First, Camden National and Machias Savings Bank. Bar Harbor Bank & Trust declined to offer a bid

CFO Roy discussed the need for an internal control document stating that he will have a one available, for review, within the next few weeks. He stated that departmental checking accounts are a big issue. The finance department does not have control over the sheriff's employee account and Civil Process. CFO Roy and Commissioner Lawson agreed that The Sheriff’s Cup Charities accounts should not be utilizing the county Federal ID Number. He stated that the audit reflects a deficiency in this area.

The investment policy follows Title 30A. The Treasurer makes the investments once they are approved by the County Commissioners. Commissioner Joy stated that his concern is mostly with checking accounts; he was not concerned with the “employee accounts” but was concerned with the Hancock County Sheriff’s Cup funds. The auditor will make recommendations toward this in the audit.

Commissioner Joy stated that he believed that the commissioners did not vote to approve an amount to put into CD’s in October 2010. He felt this was done in error. He would prefer to have documentation noting who moves funds/CD’s, who is responsible for them and who is the signatory on the accounts/CD’s. CFO Roy stated that the CFO and Deputy Treasurer do not have signatory authority on any accounts. CFO Roy explained that once a CD matures and is not renewed, the funds automatically move back into the county’s checking account. CFO Roy explained EFT transfers. Commissioner Joy requested the preparation of a CD policy


Meritain Health insurance renewal paperwork, for 201, will be included on the April 20th meeting agenda.

MOTION: to sign the MDOT agreement for the land departure rumble strips project located in the UT. (Lawson/Joy 2-0, motion passed)

The MDOT agreement for the hot mix asphalt overlay in Township 7 was signed.

MOTION: to approve: Minutes of the March 1, 2011 commissioners’ regular meeting and March 16, 2011 commissioners’ special meeting. (Lawson/Joy 2-0, motion passed)

CFO Roy stated that the Procedural Order #2 from LURC stated that the deadline to bring concerns to regarding the Bull Hill Wind project is April 7, 2011. A letter will be written noting the commissioners public safety concern and will state that the commissioners will not be providing testimony and are neutral in their position. This letter will reserve the county’s right “at the table” to voice their concerns .

12:10 p.m.

MOTION: to enter into executive session under MRSA Title 1 §405 6(A): to discuss a personnel matter in the Office of Financial Affairs. (Lawson/Joy 2-0, motion passed)

Commissioner Joy declared the meeting back in regular session at 12:26 p.m. with nothing to report. He adjourned the meeting until 2:20 p.m.


EMA Director Pinkham requested permission to put out a bid for an EMA vehicle. He questioned if his current vehicle will be reassigned to the Civil Process Coordinator. Funds were included in the budget and through capital accounts in order for Civil Process pay for this vehicle. Commissioner Joy requested that a trade in value be included in the bid request as well as an outright price.

Director Pinkham stated that he has no problems utilizing the current vehicle. CFO Roy respectfully requested not to purchase any more vehicles until September/October 2011. Commissioner Joy stated that the commissioners were moving in the direction of transferring the EMA vehicle to Civil Process but asked the director to wait for a couple of months before putting out the RFP. Commissioner Lawson disagreed and suggested that the EMA director keep his vehicle and to have the sheriff find the funds for another Civil Process vehicle. Commissioner Joy reiterated his position.

Director Pinkham stated that a Homeland Security grant has been received in the amount of $8,200 to work on the narrow banding project and requested to pay Deputy Director McKenney $15.63 per hour beyond his 16 hour work week, to work on this project. Commissioner Joy suggested contracting him to do the work. Commissioners Joy and Lawson agreed to pay him the difference between $12 per hour and $15.63 for work done on the project during the past few weeks.

MOTION: to contract with Deputy Director McKenney for the services of a narrow banding study/work at the rate of $15.63 to be paid for out of Homeland Security funds. (Lawson/Joy 2-0, motion passed)

Interviews for the RCC renovation/construction project were conducted with Sealander Architects, SMRT and Lewis + Malm.

3:56 p.m.

MOTION: to adjourn. (Lawson/Joy 2-0, motion passed)

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