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Commissioners Special Meeting

Commission Chairman Steven E. Joy called the special meeting of the Hancock County Commissioners to order at 9:00 a.m. on Tuesday March 16, 2011 with Commissioners Brown and Lawson in attendance.

Roxanne Jobe from Eastern Maine Development Corporation and Erik Stumpfel Esq. of Eaton Peabody and Associates presented information for discussion on Tax Increment Financing (TIF's) and Community Benefit Agreement requirements.  The TIF District will include all county owned roads. An audio tape of the discussion is available, upon request, in the commissioners office.

The following were suggested for use of TIF funds: waste disposal in the UT’s to include the purchase of land to house dumpsters, road projects to include Martin’s Ridge and the Nicatous road, hot topping, ditching and brushing, internet service used for security and safety (towers), boat landings (public access ramps) for Nicatous Lake and Graham Lake, professional economic development costs, planning and engineering costs, school bus/driver for UT's, snow mobile trails and grooming, promotion of job training, scholarships to Maine colleges, revolving loan funds (that roll over) to leverage grant funds, funding for fire trucks and E-9-1-1 towers.

Commissioner Joy discussed enviro-tourism and requested that letters be written to Inland Fisheries and possibly the Department of Interior to see if there is an inventory of resources ie. eagles nests, deer wintering yards, ect, that may be a natural resource of significance that might also spur enviro tourism.

Commissioner Joy preferred to base the project revenues on megawatts, intervenor status was briefly discussed, it was suggested to enter into executive session.

10:20 a.m.
MOTION: to enter into executive session under MRSA Title 1 §405 6(C) to discuss economic development and TIF funds for the Bull Hill project. (Brown/Lawson 3-0, motion passed)

Commissioner Joy brought the meeting back into regular session at 11:00 a.m.  Attorney Stumpfel expressed his concern as the commissioners representative in LURC proceeding, he was concerned that if the county represented itself directly without council at LURC proceedings and a deadline is missed or adverse actions are taken against the county as a result of failure to appear that it would fall back on the law firm as a potential malpractice claim, his second concern was that the services provided for the county, if Eaton Peabody does show up at various LURC hearings, is not covered by the First Wind reimbursement agreement/TIF request.  He clarified that anything that they do (Eaton Peabody), causes the county to incur expense that would not be funded or reimbursed by First Wind.  He asked for formal direction as to what his firm's roll was in the LURC proceedings.

Commissioner Joy stated that the commissioners should consider dropping their intervenor status.  Should they choose to do so, they would remain a commenting agency and have a right to participate in public hearings.  The question of representation verses representing themselves was discussed at length.

MOTION: to have Erik Stumpfel of Eaton Peabody address a letter LURC to confirm whether intervenor status by the county requires representation by an attorney in LURC proceedings, or not, as far as LURC is concerned. (Brown/Lawson 3-0, motion passed)

11:10 a.m.: Break
11:20 a.m.: Back in session

RFQ's for the RCC renovation/rebuild project were discussed. The top three choices were Sealander, Lewis + Malm and SMRT.  Commissioner Joy requested advice from each company on expanding the current space or new construction.  Commissioner Lawson preferred building new, offsite.  The FAA would need to be consulted if the center was moved to the airport.

The question of whether to expand in place or move offsite (EMA and RCC) will be one of the primary questions asked during the interview process.  Companies should arrive at the meeting with their recommendation to that specific question.

MOTION: to interview Sealander, Lewis + Malm and SMRT during the April commissioners meeting. (Brown/Lawson 3-0, motion passed)
Discussion: Interviews will be in 20 minute intervals

Jail cook Tim Jones presented the commissioners with a quote from C Caprara Food Service Equipment to replace the existing commercial dishwasher in the jail.  The cost of installation of the New Hobart AM 15 dishwasher would be $975.  An additional 6 month warranty is included if Hobart installs the machine.  No other quotes were presented.  Funds for the purchase will come from account 11-70-201.  Existing capital has to be spent prior to requesting funds from the Board of Corrections.  Sheriff Clark stated that he has met the competitive price requirements because the other two companies did not sell Hobart products and Flagg does not provide service.  Hobart will honor the guarantee whether the purchase is from C Caprara or Flagg.  The commissioners preferred that the Department of Corrections be notified of any purchases over $5,000 and they wanted to see a quote from Flagg, with that information they had no problem purchasing a dishwasher.

MOTION: to authorize the chairman to review bids and if it meets his satisfaction, purchase a new dish washer. (Brown/Lawson 3-0, motion passed)

Later in the day, Jail Administrator Dannenberg presented a quote from Flagg in the amount of $12,140, the cost of installation would be separate.

MOTION: to purchase a dishwasher for jail from C Caprara in the amount of $10,195.  The unit will be installed by Hobart at a cost of $975. (Brown/Lawson 3-0, motion passed)

Administrative Assistant to the Jail Administrator, Frank Shepard presented the commissioner with a pie chart indicating how overtime in the jail is expended.  Extensive time off has caused overtime to increase due to filling shifts.  Excessive sick time is also an issue.  Per union contract, overtime has to be offered to full-time, union employees before it can be offered to part-time employees.  Commissioner Joy asked if shift changes (schedule changes) may help. Sheriff Clark stated that employees abuse call out time.  CFO Roy stated that the jail is at minimum staffing levels, he suggested hiring 2 to 3 individuals to rotate through the shifts and not fill shifts with another employee when there are call outs, the swing person would fill the void.  The union contract, the schedule and staffing pattern is the problem.  Officers finding their own replacements was discussed.  Five man crews with 4 man minimum staffing was acceptable to Sheriff Clark.

CFO Roy stated the current Garcia schedule is a 10 week rotation, if they went to a 14 day rotating schedule of four on, three off, three on four off, overtime would be easy to track and would be minimized.  It would not solve 100% of the overtime issue but it would help.  AAJA. Shepard stated that employees should be paid via Garcia rules or a 40 hour work week and not for all hours worked beyond their scheduled hours.  Sheriff Clark and Chief Deputy Bishop disagreed.

Commissioner Joy stated that the budget has to reflect actual overtime.  CFO Roy stated that funds can be transferred from the part-time line into the overtime line after which the sheriff would need to suggest how to get overtime under control or not fund any more overtime.  Sheriff Clark thought the suggestion was ridiculous.  Commissioner Brown did not like the idea of transferring money to the overtime account, stating this does not give a true accounting of the cost of overtime.  Sheriff Clark and Commissioner Joy agreed with Commissioner Brown.  Commissioner Lawson preferred looking into hiring two new officers in order to alleviate the overtime.  Commissioner Joy preferred to continue the conversation to another time and suggested researching the issue.

MOTION: to approve/acknowledge the promotion of Special Agent Corey Bagley to the position of MDEA Supervisor. (Brown/Lawson 3-0, motion passed)

Commissioner Joy questioned if the Hancock County DTF was being enlarged?  Sheriff Clark stated no.  By promoting Special Agent Bagley, an opening is created in the Hancock County task force.  Special Agent Bagley will be the Field Office Supervisor for the Downeast Task Force.  Commissioner Brown stated that he had a problem in hiring another person to fill Deputy Thornton's patrol position.  Sheriff Clark stated that applications have been requested for a new patrol deputy.  Commissioner Lawson stated that we would be saving money if we promoted Deputy Thornton and hired a replacement.  She stated that the commissioners promised the citizens a three man task force and we should keep our word.  Commissioner Joy stated that this is a three person task force, should the state continue to pick up their end, he has no problem with it, should they defund or cut funding, there would be a big problem.  Commissioner Lawson suggested going ahead with the interview process of hiring a patrol officer.

1:02 p.m.: Break for lunch.
1:30 p.m.: Back in session.

CFO Roy presented a Request for Proposal (RFP) for banking servicesl.  The process will take approximately three months.  Commissioner Joy stated that he preferred to put out the RFP, open it and award the bid.  Discussions are not necessary.  Commissioner Lawson stated that the top three companies should be interviewed.  The audited financial statements will be included in submissions.

MOTION: to approve the RFP for banking services as presented. (Lawson/Brown 3-0, motion passed)

Commissioner Brown stated that he had an issue with the airport manager conducting Independent Fee Estimates (IFE's), he felt there may be a conflict of interest.  Commissioner Lawson stated that the FAA has approved airport manager Navia to conduct IFE’s for the airport.  Currently the airport pays 2.5% of the IFE's, Airport Manager Navia stated that she has asked the FAA that if she conducts IFE’s could she submit the cost through AIP projects.  She stated that the DOT is on board with her request but the FAA has not determined if she is eligible under AIP.  Commissioner Brown stated that he was concerned with the “checks and balances” requirements.  Commissioner Joy asked if the airport manager is allowed to look at Hoyle Tanners estimate prior to her submitting her IFE.  The answer was no, Hoyle Tanner’s and the airport managers submittal is submitted simultaneously.  Commissioner Brown cautioned that if the Airport Manager is going to submit IFE's, she should have written approval from FAA and the DOT.  Commissioner Joy agreed.  The commissioners preferred to have evidence via letter or e-mail stating that the airport manager is approved to conduct IFE’s on behalf of the airport.

Commissioner Brown stated that he did not want to tie extra work to a stipend anymore, he preferred to offer contracts tied to expectations and goals.  Commissioner Joy stated that this should be done for all department heads.  Commissioner Brown stated that all non elected department heads should be contracted, goals should be spelled out and money should be attached to it.  Airport Manager Navia stated that not every county has an airport, and she is basically running a business.  She stated that her pay should be equalized with other airport managers.  Commissioner Joy stated that the per capita of the county was also something that he uses as a measurement tool.

2:12 p.m.
MOTION: to adjourn. (Brown/Lawson 3-0, motion passed)

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