Commissioners Regular Meeting

Commission Chairman Steven E. Joy called the meeting of the Hancock County Commissioners  to order at 9:00 a.m. on Wednesday, August 17, 2011in the conference room of the county courthouse located in Ellsworth with Commissioner Brown in attendance.  Commissioner Lawson was absent.


Patrol Deputy Scott Kane - 20 years of service.

Adjustments to the Agenda:

MOTION: to remove the Fitzgerald FY10 tax appeal hearing from the agenda and to postpone items 1C and D and 5A, 5B, 5C and 5D. (Brown/Joy 2-0, motion passed)

Discussion: Correspondence was received from Daniel Pileggi Esq. stating that the Fitzgerald FY10 matter has been settled.

MOTION: to hear the audit presentation after the RCC renovation/rebuild discussion. (Brown/Joy 2-0, motion passed)

Commission Business:

Old Business:

MOTION:  to approve: minutes of the July 8, 2011 commissioner’s regular meeting and July 28, 2011 commissioners’ special meeting. (Brown/Joy 2-0, motion passed)

MOTION: to enter into Executive Session under MRSA Title 1 §405 6(a) to continue a discussion regarding a retiree benefit request. (Brown/Joy 2-0, motion passed)

Commissioner Joy called the meeting back into regular session at 9:10 a.m. no action was taken.

Rick Malm and Charles Early of the architectural firm Lewis + Malm updated the commissioners on the RCC rebuild/renovation project.  A letter of proposal for services from communications consultant Kenneth R. Knight was discussed, he proposed to do the work requested for $200 per hour/$15,000.  Bonding and referendum scheduling was discussed in order to receive town approval.  Payment for Mr. Knights services will be directly to Mr. Knight, not through Lewis + Malm.  Commissioner Brown agreed with the requested payment to Mr. Knight and Kay Rand of $200 per hour.  The target begin date is fall 2012.  Commissioner Brown stated that it is uncertain that the “new generation” technology will need additional space.  Mr. Malm stated that Civil Air Patrol is willing to have their building torn down and rebuilt in order to incorporate the RCC and EMA in that space.  The Ellsworth meeting was discussed briefly.

MOTION: to engage Ken Knight as a project communications consultant at a fee of $200. (Brown/Joy 2-0, motion passed)

Mr. Malm stated that, in his opinion, the best option is the incorporation of the Civil Air Patrol in with the RCC/EMA.  The commissioners agreed that purchasing land in Ellsworth was still an option.  Commissioner Joy stated he has not ruled out Bucksport or the airport, but an additional option may be to purchase land in Ellsworth, Commissioner Brown agreed.  Mr. Malm will pursue the land purchase option over the next few weeks, approximately 2 acres are needed.  The cost of the building will be approximately $300 per square foot or approximately $2 million dollars.  Commissioner Joy was not ready to commit to a $2M building.  Mr. Early presented the commissioners with assorted drawings of the proposed building.  Daylight basements, two stories and single floor buildings were discussed.  Commissioner Brown made it clear that he did not want an elevator.  The commissioners agreed pursue of land located in the City of Ellsworth.  The clerk will contact Mr. Knight in order to request a proposed contract after which the contract will be forwarded to the county attorney for review.  Mr. Malm will present his final report at the September 6, 2011 CRM.  Commissioner Joy suggested keeping the drawings/proposals to include the CAP, a standalone RCC & EMA/RCC with a partial basement.

MOTION: to add item 2i, a request by the treasurer to attend a seminar. (Joy/Brown 2-0, motion passed)

2010 AUDIT PRESENTATION: Kathleen Tyson from the accounting firm Runyon Kersteen Ouellette presented the annual financial report for year-end December 31, 2010.  The Letter of Communication and portions of the Financial Statement were explained.  Airport Capital Projects “local match” was explained, every time a draw down is done, the 2.5% local match will occur at the same time.  There were no findings with regard to airport regulations compliance (incompliance) for 2010.  Auditor Tyson stated that the auditors did not have any issues with regard to revenue diversion in the 2010 audit.  Due To/Due Froms were explained (page 5 of the audit) She pointed out that the airport owed the general fund 1.5 M in the 2010 audit.  Airport projects: expenditures are all front loaded by the county and then the federal government issues a reimbursement.  Commissioner Brown questioned if the airport should go to a bank for the “front loaded” funds or should they come to the county.  Auditor Tyson stated that it is clear that all airport funds have to be tracked but there is no problem with “pooled funds.”  She questioned if a bank was the most prudent way to fund the airport.  The charging of interest to the airport due to utilization of county funds is a management decision.  The Management Letter listed the following significant deficiencies: Preparation of Financial Statements and Audit Adjustments, DA Restitution account, General Ledger Control Accounts, Posting of airport expenditures, a Section 125 Cafeteria Plan, Trio training, Credit Card controls, Policies and Procedures and Unusual Disbursements.  Auditor Tyson thanked the commissioners and their employees for their assistance throughout the years.  The commissioners thanked Auditor Tyson for her services.  A discussion followed regarding the distribution of the "draft" audit prior to final printing and audit presentation.  Auditor Tyson stated that it is a management decision as to who reviews the draft audit prior to presentation.  Copies of the audit are available, on request, in the Office of Financial Affairs.  TRIO software constraints were discussed.


MOTION: to approve General Fund and Airport Payroll warrants #11-26, #11-27, #11-28 and #11-29 in the aggregate amount of $219,070.78. (Brown/Joy 2-0, motion passed)

MOTION: to approve General Fund and Airport Expense warrants #11-25, #11-26, #11-27 and #11-28 in the aggregate amount of $763,683.23. (Brown/Joy 2-0, motion passed)

MOTION: to approve Jail and UT Fund Payroll warrants #11-52, #12-01, #12-02 and #12-03 in the aggregate amount of $97,686.80. (Brown/Joy 2-0, motion passed)

MOTION: to approve Jail and UT Fund Expense warrants #12-01, #12-02 and #12-03 in the aggregate amount of $42,029.90. (Brown/Joy 2-0, motion passed)

Financial reports to include jail update were presented, CCA and ½ of investment funds have been received.

MOTION: to approve July expenditures in the health insurance account in the amount of $140,131.80. (Brown/Joy 2-0, motion passed)

As of August 24th the Meritain bills will be paid from the Machias Savings bank account instead of the UBS account.

Six towns have paid their county taxes to date.

Register of Probate Cousins requested to purchase 2-desks.  Commissioner Joy stated he did not agree with the cost of the shipping.

MOTION: to approve the purchase of desks for the Registry of Probate in the amount of $2,500. from account 08-70-600 Office Furniture. (Brown/Joy 2-0, motion passed).

CFO Roy stated that work associated with the energy grant is approximately 70% completed.  Lighting in the District Attorney’s Office and parking garage are still to be installed.  The project should be completed by the end of September.

MOTION: to approve the RFP for the audit. (Joy/Brown 2-0, motion passed)

CFO Roy stated that the communications account consolidation is working well.  Savings, due to the purchase of the new telephone system and the installation of the PRI-T1 line have been evident.  Savings in the consolidation of the wireless accounts have been challenging due to the addition of new lines.  New equipment (cell phones) purchases should be budgeted in the departmental equipment budget lines.

Sheriff Clark stated that he was advised by the CFO that a newly hired jail employee was not going to be paid, like other jail employees, 42 hours per week.  The sheriff disagreed with CFO Roy’s statement.  CFO Roy explained that there was a mistake made by the Office of Financial Affairs in implementing a change in Time Trak.  He stated that the employee was on a duty cycle of 28 days and is being paid 3 hours of overtime that he should not be paid, during the second duty cycle the employee is paid 6 hours of overtime which he should not be paid.  During the third duty cycle the employee is paid 9 hours of overtime, which is correct.  The net loss to the county is 9 hours over the first two duty cycles.  CFO Roy stated that the 207K exemption should be followed for non-union employees.  The union contract employees will be paid by union contract agreement.  The difference between the duty cycle and the pay cycle was explained.  CFO Roy explained that the employee is being paid for overtime after his regular shift.  Sheriff Clark stated that the employee should receive the same benefits, under the7K exemption, that other employees receive.  This does not correlate directly to the union contract.  Sheriff Clark stated that you cannot invoke the 7K exemption for one employee and pay the rest of the employees differently.  CFO Roy explained that this was a mistake that has been corrected and apologies have been made.  Commissioner Brown stated that he would like to see the issue resolved and discussions continue at a later time and believed that this is a union issue.  Commissioner Joy stated that this issue has come up before, he preferred to discuss the issue further at a later date with all the players involved and to ask Pat Dunn her opinion on the issue.

Treasurer Eldridge requested that she and Deputy Treasurer Atwater be allowed to attend a networking event on Bar Harbor September 16 – 18 hosted by Machias Savings Bank.  Commissioner Joy stated that he did not mind the Deputy Treasurer attending of the December treasurers meeting but he would not approve the Deputy Treasurers attendance at other treasurers meetings or the Machias Savings event.


The monthly report was distributed prior to the meeting.

MOTION: to approve the promotion of regular part-time clerk, Velma Jordan, to temporary full-time for the months of September and October, to be reimbursed from the surcharge account. (Joy/Brown 2-0, motion passed) Discussion: Benefits to include vacation and sick time accrual.

Commissioner Joy requested Register Curtis’s opinion on the “sunset provision” with regards to the new Registry of Deeds law associated with LD 1499.  Commissioner Joy stated that it is time to turn the issue of taking documents from the Registry of Deeds web site over to the sheriff for investigation and eventual prosecution.  He stated that the theft of documents from the web site needs to stop.  The Ellsworth Police Department, State Police and the AG’s office will be contacted.


Commissioner Joy chose not to open the bid for the EMA vehicle and suggested rebidding the vehicle to include 2011 specifications.

MOTION: to reject and destroy the EMA vehicle bid and rebid the vehicle to include 2011 models. (Brown/Joy 2-0, motion passed)

MOTION: to approve the out-of-state travel request by Director Pinkham to travel to Ft. Lauderdale Florida on November 19-December 1, 2011 to attend the Cruise Line International Association leadership forum. (Brown/Joy 2-0, motion passed)


MOTION: to approve the hire of Taylor Trombley as a part time regular ARFF at $12.50 per hour, effective August 20, 2011. (Joy/Brown 2-0, motion passed)

MOTION: to reconsider the motion to award the pavement remarking services to Markings, Inc in the amount of $69,030. (Brown/Joy 2-0, motion passed)

MOTION: to reject the bid for pavement remarking services in the amount of $69,030 from Markings, Inc. (Joy/Brown 2-0, motion passed)

MOTION: to accept the bid from HiWay Safety Systems in the amount of $86,485. (Brown/Joy 2-0, motion passed)

MOTION: to authorize the chairman to sign the Notice of Award and project contract for the pavement remarking project to HiWay Safety Systems. (Brown/Joy 2-0, motion passed)

EMA continued:
MOTION: to rescind the vote made earlier on the EMA vehicle and open the two bids received. (Joy/Brown 2-0, motion passed)

The following EMA vehicle bids were opened:
Darlings – Bangor 2012 Ford Expedition $32,444, trade $7,500 $24,944

Darlings – Ellsworth 2012 GMC Yukon XL 1500 $39,264 trade in $10,000 $29, 264.

Bids were turned over to Deputy Director McKenney for review and recommendation at the September meeting.

Dispatcher qualifications were discussed.

MOTION: to accept the resignation of part-time dispatcher Kayla Blanchard effective August 2, 2011. (Joy/Brown 2-0, motion passed)


MOTION: to accept the resignation of corrections officer April Cruz effective 8/2/11. (Joy/Brown 2-0, motion passed)

MOTION: to approve the hire of Troy Frye of Orland as a part-time, on-call, as needed corrections officer, effective August 20, 2011, at the rate of $12 per hour. (Brown/Joy 2-0, motion passed)Discussion: the seniority date may change once Maine PERS is contacted

MOTION: to approve the promotion of corrections officer Jon Merchant of Bar Harbor to full time employment at Step 9C $15.09 per hour effective August 20, 2011, and to have his seniority date be placed at May 14, 2011 the seniority date will be determined at the September meeting. (Joy/Brown 2-0, motion passed)

MOTION: to approve the hire of part-time employee Shawn Merchant of Ellsworth to work on a temporary full-time basis for six months at the rate of $13.50, effective August 20, 2011. Benefits to include sick time and holiday benefit.
Discussion: Sheriff Clark requested that the record should recognize this employee as a 7K exemption employee. Commissioner Joy disagreed.  The employee will be paid as a regular full-time jail employee for the time being.

MOTION: In the case of the State of Maine v. Michael A. Thibeau, Michael W. Ray or Stuart A. Ray; move to approve the transfer of one 1999 Subaru Legacy Wagon, VIN 640952, pursuant to 15 MRSA §5824(3) & 5826(6). (Joy/Brown 2-0, motion passed)

MOTION: to accept $4,780 as a drug task forfeiture in the case of State of Maine v. Thaddeus Jozefowicz. (Joy/Brown 2-0, motion passed)

Sheriff Clark requested to purchase a club cab Chevrolet Pick-up as a Civil Process vehicle.  This vehicle would include a flex fuel package and average vehicle mileage is 15-21.  The sheriff requested permission to go out to bid for an extended cab 5.3 flex fuel pick-up truck.  A 2008 Chevrolet Silverado would be traded in on the new vehicle, this vehicle currently has 162,000 miles on it.  The purchase of this vehicle would be paid for from the Civil Process vehicle account with the remainder paid from the Sheriff’s cruiser account.  Commissioner Joy suggested bidding this as a clean sale and with a trade-in, separately.  Commissioner Brown preferred to put this purchase off to 2012.  Commissioner Joy stated that, some day, he would like to see Civil Process stand on its own.  Sheriff Clark stated that if this was a private industry, that could be done, but the rates are set by the legislature and he has not say over the fees.

MOTION: to allow the sheriff’s to go out to bid on a Civil Process vehicle. (Joy/ no second) died for lack of a second.
Discussion: Commissioner Brown stated that he would not second the motion due to knowing Commissioner Lawson’s wishes.  He didn’t oppose going out to bid in 2012.  Commissioner Joy encouraged the sheriff to add this item to the September agenda.

Patrol Deputy Scott Kane requested approval to go out to bid on a 2011 Chevrolet Caprice; the average highway mileage is 19 miles to the gallon. it is a rear wheel drive vehicle and includes a police package.  Funds to come from the contract cruiser account.  Sheriff Clark stated that this was a moot issue if it is not purchased out of the contract cruiser account.  Commissioner Brown stated that all cruisers for 2012 were purchased in 2011 he would not mind going out to bid for this vehicle, but he is needs to know the cost.  The Tahoe will be traded-in for the new vehicle.  Commissioner Brown suggested finding out what the price will be prior to putting it out to bid.  Utilization of interior light bars was discussed.

MOTION: to approve the Deputy Kane’s request to solicit a bid according to the specifications received. (Brown/Joy 2-0, motion passed)
Discussion: as a point of clarification, Deputy Kane will request a price for the specified vehicle and a price for the trade in of the Chevrolet Tahoe and return during the September meeting with his findings.

Budget workshops were scheduled for September 6th, 14th and 20th.  Schedules will be distributed to department within the week.

MOTION: to approve the chairman to sign the salt/sand agreement with the County of Penobscot. (Brown/Joy 2-0, motion passed)

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

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