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, November 1, 2011 in the conference room of the county courthouse located in Ellsworth Maine with Commissioners Lawson and Brown in attendance.


MOTION: to approve: minutes of the October 4, 2011 commissioners regular meeting. (Lawson/Brown 3-0, motion passed)

MOTION: to postpone the assistant financial officer job description discussion to a later date. (Brown/Lawson 3-0, motion passed)

Adjustments to the Agenda:

MOTION: to add item 3p a discussion regarding updating Citrix. (Brown/Lawson 3-0, motion passed)


MOTION: to approve the Warrant Policy as presented. (Lawson/Brown 3-0, motion passed) 

Discussion: Commissioner Brown did not think a policy was needed due to the annual designation of the chairman signing the warrants in January.  This is a reaffirmation of the annual January vote.


MOTION: to approve general fund and airport payroll warrants #11-39, #11-40, #11-41 and #11-42 in the aggregate amount of $219,394.26. (Lawson/Joy 3-0, motion passed)

MOTION: to approve general fund and airport expense warrants #11-37, #11-38, #11-39 and #11-40 in the aggregate amount of $439,707.80. (Lawson/Joy 3-0, motion passed)

MOTION: to approve jail and UT fund payroll warrants #1-13, #12-14, #12-15 and #12-16 in the aggregate amount of $99,014.01. (Lawson/Joy 3-0, motion passed)

MOTION: to approve jail and UT fund expense warrants #12-11, #12-12, #12-13 and #12-14 in the aggregate amount of $46,109.95. (Lawson/Joy 3-0, motion passed)

Financial reports to include a jail update were presented.  CFO Roy explained that there was a clerical issue regarding Maine PERS, but the issue has been rectified.  There has also been an issue regarding overtime calculations for Maine PERS between patrol, civil process and the RCC.  A resolution is forthcoming.  Jail overtime is a continuing issue.  Pension/Retirement has been underfunded due to a mandated increase in the employer contribution to Maine PERS after jail budget had already been completed.  CFO Roy was granted permission to attend the Corrections Working Group meeting scheduled for November 2, 2011 to discuss the jail retaining wall.

MOTION: to approve September expenditures in the health insurance account in the amount of $80,068.76. (Lawson/Brown 3-0, motion passed) 

Discussion: Health insurance numbers are behind by one month.  CFO Roy predicted that the fiscal year should end with an approximate deficit of $100,000.  CFO Roy will be requesting to expend health insurance capital funds in the December meeting.

Signatures were obtained for capital a expenditure from account G1-3021-80 Sheriff Forfeitures in the amount of $7,254.  This item was approved at the October 4, 2011 commissioners’ regular meeting.

MOTION: to approve the capital expenditure of $1,500 from account G1-3011-40 to install counter tops in the MDEA van. (Joy/Lawson 3-0, motion passed) 

iscussion: Commissioner Joy questioned if the funds should come from the DTF account rather than the Underage Drinking capital account.

MOTION: to grant approval to pay holiday benefits to employees budgeted in the Outside Contract account from said account. (Lawson/Joy 3-0, motion passed)

CFO Roy asked for direction from the commissioners regarding the payment of holiday benefits for union employees for the upcoming Veterans Day and Thanksgiving holidays.  He stated that by paying holidays for time actually worked on the holiday, it has made the “system” complicated.  Historically employees have been paid by “shift” rather than by the actual time worked on the holiday.  RJ+ and RJ- were discussed.  Due to the day after Thanksgiving and Veterans Day falling on a Friday, and holiday benefits being paid for actual time worked on the holiday, employees hours will be shorted because they are not being paid by shift.  Commissioner Joy stated that the commissioners “went down this road” at the advice of CFO Roy, he questioned why he was changing his mind.  CFO Roy clarified that he told the commissioners that this scenario would happen once they began paying for actual hours worked on the holiday.  Commissioner Brown agreed with Commissioner Joy.  Commissioner Lawson stated that the CFO did warn the commissioner about the potential problems associated with the change.  Commissioner Brown stated that the discussion could wait until the commissioners have met with the union representative.  Commissioner Joy suggested postponing CFO Roy's meeting with Time Trak representatives until the issue is resolved with the union representative on November 14th.

The following carpet estimates were received for replacement of the Office of Financial Affairs carpet: The Family Floor Store: $2,702 and Marden’s: $2,175

MOTION: to accept the estimate from Marden’s in the amount of $2,175. (Lawson/Joy 3-0, motion passed)

Work associated with the energy grant has been completed.  The final payment will be held until all lien releases have been received.

Regarding the audit RFP, CFO Roy stated both audit firms can do the work, he stated that each year a significant deficiency listed is “Preparation of Financial Statements and Audit Adjustments.”  The auditing firm of Runyon Kersteen and Ouellette have volunteered to help with this issue, thus eliminating the audit deficiency at a cost of between $10,000 and $12,000.  CFO Roy suggested hiring Runyon Kersteen and Ouellette for one year in order for them to help write the program to allow the county to produce their own financial statements.  Next year a RFP for auditing services would be sent out again.  This would lead to a potential savings of $25,000 over the next 5 years.  Once the financial statement program is written, the county would own the program, there is no ongoing expense related to this purchase.  The commissioners wanted assurance that they would “own” the program and requested documentation citing who would own the program and questioned that if the county chose to utilize another auditing firm in the future, would the program continue to belong to the county?

The commissioners authorized CFO Roy to negotiate with Runyon Kersteen and Ouellette for the report writer program as proposed and to discuss a one year contract with Runyon Kersteen and Ouellette.

CFO Ro requested approval of a travel expense form per recommendation of the auditor.  Commissioner Joy suggested that the form be sent to department heads for input and requested that the item be placed on the December agenda.

The UT audit recommended that capital accounts be appropriated prior to the end of the fiscal year.  The Jail audit noted that $153,000 should have been transferred to the jail account from the general fund prior to the beginning of the fiscal year.

The bank account conversion should be completed by the end of November.

Commissioner Joy preferred to postpone the vending machine discussion to a later date.  CFO Roy proposed to change the vending machine supplier from L & L Vending to Pine State Trading/Vending due to the lack of monthly statements or reports from L & L Vending.  He stated that profits from each machine would be 15% of each sale and statements would be provided monthly.  This change would affect the entire county campus and the airport.  Corey Bagley questioned if pricing would remain the same, the answer was yes.   All machines are Energy Star rated.

MOTION: to approve Pine State Trading/Vending as the county vending machine supplier. (Lawson/Brown 3-0, motion passed) 

Discussion: Commissioner Brown was concerned with the revenue generated by the airport vending machine.  All funds will be sent to the Office of Financial Affairs and distributed per machine number and location.  An accounting will be demanded from L & L vending prior to removal of machines.

A spreadsheet noting bank accounts was disseminated as a precursor for discussion in December.

MOTION: to approve the hire of Deborah Nickerson of Hancock as a part-time clerk in the Office of Financial Affairs at the rate of $12.50 per hour, for up to 10 hours per week, effective November 4, 2011. (Lawson/Brown 3-0, motion passed) 

Discussion: At the request of the department head and in per county policy, benefits are not associated with this position.  Commissioner Brown was concerned with utilizing funds from the UT.  He was also concerned with possible funding for FY12.  The employee has been made aware of this dilemma.  Commissioner Brown suggested that funds to pay for this person could come from the OFA Technology reserve.

MOTION: to award the purchase of a new Citrix server to Sierra Communications in the amount of $9,700, purchase to be paid from the Courthouse Technology Reserve Account number 3011-11. (Joy/Brown 3-0, motion passed) 

Discussion: Commissioner Joy questioned if the quote could be less, the answer was yes.


Airport manager Navia requested an exemption from punching in and out.

MOTION: to add Allison’s name to the list of exemptions. (Lawson/Joy 1-2, motion failed) Brown and Joy opposed. 

Discussion: Commissioner Joy questioned why the airport manager could not drive to the ARFF building, punch in and then do her rounds.  It was explained that due to the change in airline traffic, the airport manager is now the first to arrive and open the building.  Many days, she does not come to the airport but rather attends meetings outside of the office.  Commissioner Brown he felt that punching in and out is an essential administrative tool to be used for employment reporting purposes.  CFR 29 516-3 addresses exempt employees’ time record parameters.  CFO Roy stated that Clock Traks could be utilized when the airport manager is not at the ARFF building.  Manager Navia clarified that she is requesting an exemption from getting her picture taken and the possibility of not getting paid if she doesn’t.  Airport Manager Navia was assured that she would not be docked pay when she does not have her picture taken.  Commissioner Joy questioned why Manager Navia has not been punching on a regular basis and stated that he was looking for consistency among the department heads.  Commissioner Brown agreed.  Commissioner Lawson suggested creating a separate policy for exempt employees and non-exempt employees.  Commissioner Joy stated that the airport manager was requesting to be included in a “class.

Commissioner Joy stated that he was fine with checking in on Clock Traks on a computer or a cell phone, he thought that noting time via inputting information when not at the clock was a good thing.  He felt exceptions could be made for department heads stating it isn’t that the commissioners think she is not doing the work, it’s about clarifying a policy.  Commissioner Lawson suggested omitting the second paragraph of the  October memorandum.  Commissioner Brown stated that he felt the memo was directed at “regular employees.” He suggested removing the word “all” and replacing it with “County.”  Commissioner Lawson stated that the commissioners agreed to reexamine the memorandum.  The new memo should contain language stating that Clock Traks could be utilized by exempt employees.

Airport Manager Navia discussed the urgency of acquiring another airline at the airport.  Due to operational and budgetary reasons and the reduction of flights, she requested permission to invoke layoffs at the airport.  Two layoff scenarios were presented.  Airport Manger Navia stated that the ARFF with the most seniority will be kept.  Commissioner Brown suggested laying off the part-time ARFF and have the full-time ARFF do the maintenance.  Airport Manager Navia was instructed to conduct more research prior to making a suggestion.  Commissioner Joy suggested including the county attorney in the discussion and holding the discussion in executive session on November 14th.

The monthly update included a reimbursement in the amount of $4,582.35 in the advertising account, 10,000 enplanements has been surpassed thus securing funding of $1,000,000.  Airport concessions to include the fixed based operator and rental cars are up from last year.  Vending concessions are down.  The FAA Part 139 Certification Inspection went well.  Until the DOT issues a request for proposals a new airliner cannot propose to provide services at BHB.  Manager Navia will be contacting the DOT this week to check on their progress.  Taxi service equality was discussed.


Register Curtis reported that revenues will surpass projections for FY11.

MOTON: to approve the Deputy Register and Clerk job descriptions, with corrections. (Brown/Joy 3-0, motion passed)


Maps of the county will be provided to the commissioners and clerk's office.  A spreadsheet of FY12 revenues was distributed.  Commissioner Brown requested that the RCC Director pull the cost of dispatching for the sheriff’s department from the cost of the RCC and to make a presentation of her findings.  First Wind has reported that they are ready to fund the cost of a tower at any time.  This is NOT part of the TIF.  Verbal permission has been granted from the Town of Osborne to include a repeater on the Osborne tower.  Tower coverage for the Caterpillar Hill site in Sedgwick was discussed.  Spreadsheets were distributed showing the cost of dispatch centers throughout the state.  CFO Roy questioned if this was the time to change the fee structure in the RCC.

Break for lunch: 12:13 p.m.
Back in session: 12:38 p.m.


Director Pinkham presented his monthly report in a new format.  The mitigation plan is ongoing.  The recent snow storm was discussed.  Director Pinkham stated that the commissioners NIMS courses do not have to be repeated.


MOTION: to approve the hire of Ashley Turner of Holden as a part-time cook effective October 29, 2011 at the rate of $12 per hour. (Lawson/Joy 3-0, motion passed) Discussion: No benefits are included in this request.

MOTION: to approve the hire of Christopher McDonald of Holden as a part-time, on call corrections officer effective November 5, 2011 at the rate of $12 per hour. (Joy/Lawson 3-0, motion passed)

Discussion: no benefits are included in this request.

Patrol Lt. Patrick Kane requested the replacement of a wrecked cruiser.  Commissioner Joy questioned the mileage of the vehicle and the speed during the accident.  The employee was returning from a call at the time of the incident.  Commissioner Brown was opposed to spending the funds for the cruiser out of a capital account.  Lt. Kane clarified that if this vehicle is purchased in 2011, only one vehicle will be purchased after November 1, 2012.  If this vehicle was fixed, two vehicles would be purchased in 2012.  The new vehicle will be equipped with equipment from the wrecked vehicle.  Commissioner Joy was okay with the request as long as only one car is purchased in 2012.  Attendees M. Cote and P. Kane were in agreement.  CFO Roy stated that $5,453.27 of the funds along with striping costs would come from account E10-70-300 Sheriff Reserve Vehicle.  $15,233 would come from the Town Contract account 30-11-70.  CFO Roy stated that an RFP should be posted prior to purchase of the vehicle.

MOTION: and to approve the purchase a cruiser in the amount of $26,145 from Morrison Chevrolet and to authorize an over expenditure from account E10-70-300 Sheriff’s Reserve Vehicle in the amount of $5,453.27.  $5,448.76 would come from the insurance company; $15,243 would come from the Town Contract account 30-11-70. (Lawson/Joy 3-0, motion passed) 

Discussion: the cost of outfitting the vehicle would come from account E10-70-300.

The wrecked vehicle will be disposed of at A Silvers in Orrington or Green Point in Brewer.  The purchase of the new vehicle will be “sole sourced” due to the recent purchase of a new cruiser.


The following courthouse snow removal bids were opened:

K.J. Dugas Construction: Plowing $45 per hour Sanding $59 per hour
R.F. Jordan and Sons:     Plowing$46.50 per hour Sanding $57 per hour

MOTION: to award the courthouse snow removal bid to K.J. Dugas Construction. (Lawson/ Brown 3-0, motion passed)

The conference room #1 leak has been stopped.

Facilities Director Davis stated that the elevator relay board has become an issue.  A temporary fix has been made but a final resolution will be needed in the future.  Once this issue is addressed several other upgrades will be needed in order to make the system(s) ADA compliant.  The approximate cost to fix the entire issue is approximately $58,875.  Commissioner Lawson suggested going out to bid and possibly utilizing funds from the Building Reserve Capital account to pay for the purchase.  CFO Roy suggested contacting elevator companies within the state for quotes for the November 14th special meeting.  Commissioner Joy agreed.


MOTION: to sign the Nicatous Lodge Snowmobile Club application for financial assistance. (Lawson/Joy 3-0, motion passed)

The Franklin Fire Department requested the inclusion of an annual fee of $2,500, in the proposed T9 fire contract, to cover the cost of liability.  Also requested was the inclusion of highway obstructions, motor vehicle accidents or other emergency calls under the "Scope of Protection" article.

MOTION: that we not sign the Franklin Fire contract. (Joy/Lawson 3-0, motion passed)


MOTION: to amend Article XXVII Retirement of the Personnel Policy to state the following: All employees hired after November 1, 2011 shall be ineligible for retiree health insurance upon retirement.  The above schedule does not apply to employees hired after November 1, 2011. (Lawson/Brown 3-0, motion passed)

Applicant resumes for the position(s) of EMA Deputy/Director were distributed to the commissioners and Director Pinkham.  Parties will report their selections to the clerk who will compile the choices and distribute them to the commissioners and Director Pinkham on November 7, 2011.

2:06 p.m.
MOTION: to enter into executive session under MRSA Title 1 §405 6(A): to discuss an employee matter. (Lawson/Joy 3-0, motion passed)

Commissioner Joy declared the meeting back in session at 2:56 p.m. with nothing to report.

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

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