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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, June 7, 2011in the conference room at the county courthouse in Ellsworth with Commissioners Lawson and Brown in attendance.

There were no adjustments to the agenda:

Commission Business:

OLD BUSINESS:

MOTION: to approve the minutes of the May 3, 2011 commissioners regular meeting and May 12, 2011 commissioners special meeting. (Brown/Lawson 3-0, motion passed)

Discussion: Sheriff Clark questioned why the department heads do not get the opportunity to preview minutes prior to approval. After further discussion, it was determined that minutes will be available, to department heads, prior to approval from now on.

Deliberations: Gleason v. Town of Gouldsboro tax appeal.

MOTION: that we deny the Gleason appeal on the basis that we did not find that the taxpayer presented credible, affirmative evidence that the assessor’s valuation was manifestly wrong, by demonstrating (1) the property was substantially overvalued and injustice resulted; (2) there was unjust discrimination, or (3) the assessment was fraudulent, dishonest or illegal. (Joy/Lawson 3-0, motion passed)

Discussion: Commissioner Brown emphasized that the burden of proof was on Mr. Gleason and he felt that the town proved their point.

Either Party may appeal from the decision of the county commissioners to the Maine Superior Court within 30 days, in accordance with the Maine Rules of Civil Procedure, Rule 80B.

MOTION: to reschedule the Blue Hill Peninsula Holdings LLC. vs. the town of Blue Hill tax appeal hearing to September 6, 2011 at 1:00 p.m. (Lawson/Brown 3-0, motion passed)

REGISTRY OF PROBATE:

Register of Probate, Bonnie Cousins requested a part-time, 16 hour a week employee. The use of an ABLE employee was encouraged through the end of the year. Commissioner Joy questioned if ABLE has been contacted to see if funding would be available in July. Commissioner Joy bringing the matter back to the July meeting.

DISTRICT ATTORNEY:

MOTION: to approve the sheriff's, chief deputy and deputies bonds. (Lawson/Brown 3-0, motion passed)

AIRPORT:

MOTION: to authorize the chairman to execute the assignment of Land Lease P-1 from Philip DiVirgillio to Karl Warner. (Lawson/Brown 3-0, motion passed)

Discussion: Commissioner Brown was concerned with the language “transfer” vs. “assignment” of a lease. Current lease rates vs. previous rates were discussed. Sub-leasing is prohibited in the lease. Commissioner Joy encouraged the airport manager to visually see the bill of sale for the building as a condition of the sale.

MOTION: to authorize the chairman to sign the grant offer for the Pavement Marking and SRE project. (Lawson/Brown 3-0, motion passed

MOTION: to award the Loader bid to Beauregard Equipment Inc in the amount of $179,451, extended warranty $1,498. (Lawson/Joy 2-0-1 motion passed) Brown abstained due to the fact that it was not approved in an open meeting.)

Discussion: Commissioner Joy questioned the decision of this particular bid. Airport Manager Navia stated that a rating system was utilized in order to choose the winner. The bid specifications are explicit; unfortunately some of the bids were incomplete. The low bid was received from NorTrak at $167,937 the warranty was $533. Details of the insufficient NorTrak bid were discussed. Commissioner Brown voiced his concern that the bid was not approved in a public meeting.

MOTION to formally authorize the M-B Companies the bid for the blower in the amount of $168,679, extended warranty $2,826. Airport share of $7,042.98. (Lawson/Joy 2-0-1, motion passed Brown abstained)

MOTION: to accept the grant offer for the purchase of snow removal equipment and to complete Pavement Remarking, Airport Improvement Project 32 and authorize the chairman to sign the grant offer. (Lawson/Joy 3-0, motion passed)

MOTION: to affirm the hire of Arthur O'Callaghan as a part-time ARFF at $12.50 per hour, effective May 14, 2011. (Lawson/Joy 3-0, motion passed)

MOTION: to approve the lateral transfer of Arthur O'Callaghan from part-time ARFF to clerical assistant. (Lawson/Brown motion and 2nd withdrawn)

Discussion: the airport manager was not opposed to amending the job description to show the pay at $12 per hour. Commissioner Brown asked if the clerical assistant position was advertised in-house. The answer was yes. It was not advertised throughout the county complex though. Commissioner Lawson stated that the position should be listed as a on-call position. This person would not be considered an ARFF in this position. CFO Roy stated that the position should be paid at $12.50 per hour. Commissioner Joy stated that the position should be advertised throughout the county and advertised at $12 per hour.

MOTION: to affirm the hire of Gregory Libby of Bradley as a part-time ARFF at the rate of $12.50 per hour, effective June 11, 2011. (Lawson/Joy no vote was taken)

Discussion: Commissioner Brown asked if this position was advertised inside and outside of the airport. Commissioner Joy suggested hiring Mr. Libby in an interim part-time position until the position has been properly advertised.

MOTION: to hire Gregory Libby of Bradley as an interim part-time ARFF at the rate of $12.50 per hour, effective June 11, 2011. (Joy/Lawson 3-0, motion passed)

Discussion: Commissioner Brown suggested interviewing all applicants.

MOTION: to approve a capital expenditure request in the amount of $3,508 from account 40-70-460 for terminal building camera update. (Lawson/Joy 3-0, motion passed)

MOTION: to approve a capital expenditure request in the amount of $2,925 from account 40-70-460 for Terminal building plumbing replacement. (Lawson/Brown 3-0, motion passed)

Discussion: CFO Roy requested to approve the total amount of the expense, not half. Commissioner Brown questioned the condensate for this project.

MOTION: to grant permission to Allison for out-of-state travel to Burlington MA for FAA training. (Lawson/Brown 3-0, motion passed)

Disadvantaged business enterprises and credible documentation of DBE’s were discussed. Funds have been budgeted for this trip.

MOTION: to grant approval for Allison and Phil to set up expense accounts for the 2.5% of the AIP projects. (Lawson/Brown 3-0, motion passed)

Discussion: Airport Manager Navia discussed the AIP funds distribution process. The 2.5% would come from airport funds.

MAINTENANCE:

Facilities Director Davis requested permission to put out an RFP for sealing the courthouse envelope. This was part of the 5 year plan drawn up by former Commissioner Shea. Commissioner Joy preferred to postpone the project to 2012. Commissioners Brown and Lawson were comfortable with Commissioner Joy’s assessment. There was a brief discussion regarding the jail retaining wall.

Facilities Director Davis requested permission to install a swipe card system on the elevator. Employee ID Cards would be utilized to run the elevator after hours. This request affects the Registry of Probate more than any other department. Commissioner Joy felt this was a necessary request and requested the facilities director to obtain a price for the service.

SHERIFF:

Sheriff Clark suggested putting the maintenance truck out for bid and giving the maintenance department the current civil process 4WD pick-up. If a decent bid is received, the process could move forward. Commissioner Brown stated that a front end loader or Bobcat/Skid Steer was needed. He would rather see him put money towards that, than a pick-up truck. Facilities Director Davis stated he preferred to have something to plow with. CFO Roy stated that they are currently looking for a Skid Steer under a municipal lease, there is currently $10,000 set aside for this purpose. Commissioner Joy suggested finding out the Kelly Blue Book value of the Civil Process and maintenance truck first.

11:09 a.m.: Break
11:11 a.m.: Back in session

MOTION: to affirm the hire of Dustin J. Turner of Gouldsboro as a part-time, on call corrections officer, effective May 21, 0211 at the rate of $12 per hour. (Lawson/Joy 3-0, motion passed)

MOTION: to approve the hire of Stephanie M. Davis of Ellsworth as a part-time, on call, as needed corrections officer at the rate of $12 per hour, effective June 11, 2011. (Brown/Lawson 3-0, motion passed)

CFO Roy stated that the working group has cut the 2012 and 2013 budgets for Hancock County by close to $90,000. The cut for 2012 is $33,430 of what the sheriff actually requested. Commissioner Joy stated his concerns regarding the current jail budget as well as the 2012-2013 budget. The end result of the working group was to apply $31,000 back into the 2012 budget. This is short of the sheriff’s original request by $2,430. This means the sheriff would have to reduce his 2012 budget by $2,430 to balance the jail budget. Other counties took shortages of as much as $500,000. The 2013 budget should be included in the state supplemental process. Sheriff Clark stated that the expenditure budget for 2012 was $31,000 short but projected revenues were approximately $40,000 short. Over $40,000 in expenditures were not budgeted in the current or 2012-2013 budget years. The jail budget for 2011-2012 is projected to be $2,193,000. Sheriff Clark stated that the commissioners wanted the sheriff to speak on behalf of his budget, he is to create his own budget and he is the person who knows what is needed in the jail budget. He stressed that one person needs to speak for the jail, it should be either the Sheriff or the CFO. Commissioner Joy reaffirmed that the sheriff should be the spokesman for the jail.

Sheriff Clark distributed a spreadsheet noting Comdata vs. Dead River gasoline price comparisons. He stated that he has encouraged deputies to utilize the Irving station on High Street. The spreadsheet reflected a greater value with Comdata during the first of the month but Dead River Company reflected greater value toward the end of the month. He stated that the market is more fluid than the rack price. Commissioner Joy stated that he liked having the discussion of looking where money can be saved. He would also like to see the commissioners direct the CFO to transfer the gas discounts received from the beginning of the year to his account. CFO Roy stated this will take some time, but can be done.

The Buell motorcycle will be sold on Friday for $4,000 cash.

MOTION: to approve the Drug Task Force transfer of a portion of the Defendant In Rem, William R. McManus, Sr. namely, sixteen thousand three hundred eighty-one dollars ($16,381) in U.S. currency, pursuant to 16 M.R.S.A. §5824(3) and 4826(6). (Brown/Lawson 3-0, motion passed)

MOTION: to approve the Tremont law enforcement contract. (Lawson/Joy 3-0, motion passed)

Sheriff Clark stated that the maintenance vehicle was worth $5,800 in a private sale, according to Kelly Blue. The Civil Process vehicle was worth $14,000 in a private sale. The plow would cost approximately $4,700. Sheriff Clark requested to purchase a civil process vehicle. Currently there is $12,300 in the civil process vehicle account. Commissioner Joy stated that he does not purchase vehicles with excess mileage. Discussions will follow once the EMA Director is available.

12:00 p.m.: Break for lunch
12:30 p.m.: Back in session

OFFICE OF FINANCIAL AFFAIRS:

MOTION: to approve payroll warrants #11-17, #11-18, #11-19 and #11-20 in the aggregate amount of $189,419.80. (Lawson/Joy 3-0, motion passed)

MOTION: to approve expense warrants #11-17, #11-18, #11-19 and #11-20 in the aggregate amount of $336,720.51. (Lawson/Brown 3-0, motion passed)

MOTION: to approve Jail and UT payroll warrants #11-44, #11-45, #11-46 and #11-47 in the aggregate amount of $86,208.40. (Lawson/Joy 3-0, motion passed)

MOTION: to approve Jail and UT expense warrants #11-39, #11-40 and #11-41 in the aggregate amount of $66,787.57. (Lawson/Joy 3-0, motion passed)

Jail update: $130-140,000 will be needed to offset the 2011 jail budget. The BOC will release $160,000 on Monday to cover the shortage in the budget. The County of Hancock is the only county requesting the funds that is currently due. CFO Roy stated that 2013 will be a critical year for the Board of Corrections as there will be NO MONEY available.

Commissioner Brown asked how the commissioners wanted to proceed with the presentation of the jail budget, should the CFO remain the watch dog or should he be out of the loop. Commissioner Joy felt the sheriff should be the spokesman at meetings but suggested that the CFO inform the sheriff that he will be attending meetings, on behalf of the commissioners and to apprise the sheriff of his attendance at meetings. Communications between the sheriff and CFO was discussed briefly and it should be known that the CFO can answer questions, if asked by the BOC or working group. It was noted that the sheriff has not submitted a 5-year capital improvement plan to the BOC. Commissioner Joy felt strongly that the jail was the sheriff’s responsibility to manage.

MOTION: to approve April health insurance expenditures in the amount of $84,588. (Brown/Joy 3-0, motion passed)

CFO Roy stated that the energy grant glass project and deeds air conditioning project is approximately 80% completed, the lighting project is ongoing. Commissioner Brown stated that there was an issue with the plumbing in the sheriff’s office and a 5-8 week wait on the base boards in the EMA area.

The July meeting date was changed to July 8, 2011.

COUNTY CLERK:

Commissioner Joy stated that there have been UT related telephone calls and issues recently, which have been handled in the clerk’s office. He requested reactivating Nora Garland as a temporary employee in the UT office. As Ms. Garland is on dormant status and has not resigned, Commissioner Brown and Lawson agreed with Commissioner Joy’s request.

1:13 p.m.

MOTION: to enter into executive session under MRSA Title 1 §405 6(A), to discuss a personnel issue. (Brown/Lawson 3-0, motion passed)

Commissioner Joy declared the regular meeting back in session at 1:38 p.m. and called for a motion.

MOTION: to send the decision letter to Tyler Kennedy regarding his termination. (Brown/Joy 2-1, motion passed) Lawson opposed.

1:39 p.m.: Break
1:46 p.m.: Back in session

Commissioner Joy called the Means continuance of grievance deliberations to order at 1:46 p.m. Commissioner Brown stated that he has read the grievance and is an agreement with Mr. Means request.

MOTION: to grant the Means grievance. (Brown/Lawson 3-0, motion passed)

Discussion: CFO Roy stated that the total amount owed to the various employees was $407.09. Commissioner Joy stated that he does not necessarily agree with the underlying premise, and has not from the beginning. He stated that in speaking toward the granting of the grievance, it sets the precedence, for him, of talking about hours actually worked. The commissioners are going to advise and consult with the union about paying for hours actually worked. He preferred to follow the exact letter of the contract and not follow past practice when it is convenient. He stated that, for the purpose of union representation, we are now going to advise and consult about hours actually worked. He reemphasized that the commissioners are going to follow the contract. He stated that it was his understanding that the grievance was only dealing with Holiday Pay.

MOTION: to pay the $407.09 owed to six employees in the next pay period. (Brown/Lawson 3-0

Discussion: Time Trak will be contacted to change programming to pay time and one half for hours actually worked, on the holiday and for employees to earn time and one half for all hours worked over 40 hours during a holiday pay period.

The Means grievance was granted and employees will be paid for hours actually worked on holidays. The union was also put on notice that the commissioners intend to advise and consult with them regarding a discussion that will take place regarding paying for hours actually worked within the pay period. Mr. Means stated that by moving forward with paying for hours actually worked with the pay period in conjunction with paying for hours actually worked on the holiday, there will be a grievance because it hurts the night shift employees. Mr. Means stated that he is willing to rescind his grievance if the commissioners will not implement this until the contract is negotiated. Commissioner Joy stressed that he would like to follow the contract explicitly. Deliberations were declared closed at 1:59 p.m.

1:59 p.m.: Break
2:02 p.m.: Back in session

EMERGENCY MANAGEMENT AGENCY

EMA Director Pinkham requested authorization to replace the current EMA vehicle. He preferred to trade in his current vehicle as he felt it was the least expensive way, within his budget, to replace the vehicle. Commissioner Joy requested specifications for the next meeting. Mileage on the current vehicle is 86,000 miles. The trade-in value would be approximately $15,000-$16,000 and the government cost to purchase it would be approximately $35,000. The vehicle currently gets 15 miles to the gallon. The capital account currently has $10,000 available for the purchase of a vehicle, EMA Director Pinkham questioned this amount as he thought $20,000 was available. Commissioner Brown suggested obtaining a budget reimbursement through a budget addendum to homeland security to purchase the vehicle. The item will be discussed again at the July meeting.

Commissioner Joy asked about the liability of the one day event policy in the amount of $470. The MCCA Risk Pool should be consulted on these types of items in the future.

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

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