Commissioners Special Meeting

Commission Chairman Steven E. Joy called the Special Meeting of the Hancock County Commissioners to order at 10:36 a.m. in the conference room of the Hancock County Courthouse with Commissioners Lawson and Brown in attendance.

A project schedule / time line for the RCC renovation/rebuild project was distributed citing contact, feasibility, interviews, analysis, sketches and a final decision.  Fees, to include a $5,000 contingency for survey work was discussed.  The scope of the project, to include expansion of the current center, the possibility of building over the sheriff’s office, conversion of the law library or EMA area, building on an undetermined site on the county foot print, adding to the proposed Ellsworth fire station or constructing a new building on airport property, was discussed.  Commissioner Brown stressed that it is important that the public knows that all options have been researched.

Mr. Malm envisioned single line sketches as preliminary drawings with three alternative solutions to include offsite construction.  He suggested funding reserves for miscellaneous cost over and above the fee for his firm and agreed to payment at an hourly rate.

The county clerk will be the point of contact between Mr. Malm and the commissioners.  The RCC Advisory committee should be updated on the progress of the project, but it is not in their purview to make final decisions.

Site visits will be conducted by the first week of July 2011.  Centers of interest include the Lewiston Auburn, Somerset and Penobscot County RCC's.  Commissioner Joy volunteered to do off site work on behalf of the county but preferred to eliminate the possibility of in house renovation before considering outside construction..  Dispatch planners will be researched for convenience and utility.  A map of the City/County would be needed to assist in the search for an offsite location.

A 60 ft. tower or an antenna will be incorporated into the plan.  This may interfere with the air space requirement at the airport.  The first two offsite locations that should be investigated should be the airport site and the Ellsworth Fire Department new construction.  Basement construction in the Ellsworth Fire Department building was also suggested.  Utilizing the space over the sheriff’s department should also be pursued.

Commissioner Brown stated that he would prefer projections be completed by September 2011 due to the budget process.  This would allow the public and the Budget Advisory Committee to weigh in on the proposal.  A direction for Phase 1 is needed by October 2011.

A meeting was scheduled for June 30th at 9:30 a.m.

11:45 a.m.: Break
11:50 a.m.: Back in session

MOTION: to add item 5D, an executive session to discuss an NCIC training issues. (Lawson/Brown 3-0, motion passed)

MOTION: to enter into executive session under MRSA Title 1 ss. 405 6(E) to discuss TIF financial information with attorney Erik Stumpfel. (Joy/Brown 3-0, motion passed)

Commissioner Joy called the meeting back into regular session at 12:30 p.m.  LURC would like the Community Benefit Agreement signed and delivered by June 3, 2011.  EMDC is developing a document for district distribution and a Community Benefit Agreement.  These would need to be available 10 days prior to the public hearing.  First Wind will work with EMDC to coordinate the newspaper advertisement.

Items needed for approval: TIF District, development program, credit enhancement agreement and community benefit agreement.  The TIF and Community Benefit Agreement would be approved under a separate vote.

The TIF Public Hearing was scheduled for June 2, 2011 at 1:00 p.m. in the commissioners meeting room, the Superior Courtroom can be used as a back-up room.  A commissioners meeting will occur directly after the Public Hearing to take a vote on the TIF and Credit Enhancement Agreement, as a separate matter the Community Benefit Agreement will be voted upon.

12:50 p.m.: Break for lunch
1:13 p.m.: Back in session


The following fuel oil bids were opened:

Company:                                           Total bid price

No Frills Oil:    3.2665
Low Sulfur Diesel Fuel:   3.3851
Irving:    3.4177
Low Sulfur Diesel Fuel:   3.5917
Acadia Fuel L.L.C.:    3.2791
Low Sulfur Diesel Fuel: 3.3659
Webber Energy Fuels:  3.4503
Low Sulfur diesel Fuel: No bid
Dead River Company:   3.3387
Low Sulfur Diesel Fuel: 3.4749
RH Foster Energy:       3.449
Low Sulfur Diesel Fuel: 4.019

Bids were remanded to Facilities Director Davis for review and recommendation.

Facilities Director Davis requested permission to purchase swipe card controls for the elevator, thus making elevator access available during non-regular business hours.  Commissioner Joy suggested adding the discussion to the June agenda.

Facilities Director Davis requested direction as to the repair of the jail fence abutting the Foster property.  Commissioner Joy felt this item was attached to the jail and the cost should be incurred by the jail.  Sheriff Clark and Jail Administrator Dannenberg disagreed.

MOTION: to fix the fence. (Brown/ withdrawn)

MOTION: to approve the expenditure of $1,487 for repair of the jail fence abutting the Foster property.  To be paid from jail funds. (Lawson/Brown 3-0, motion passed)


The following bids were opened for the 2005 John Deere Riding lawnmower:

Harmon’s     $426
Woodbine Cemetery Assoc.  $316
Jims Auto    $803.01
Nikki Dennison   $400
Renee Wellman $210
Maintenance Dept  $250
Gerald Huff          $800
Kelvin Young     $286.93

MOTION: to award the 2005 John Deere Lawn Mower to Jim's Auto in the amount of $803.01. (Joy/Brown 3-0, motion passed)

Commissioner Joy was concerned with the cost of gasoline purchase at the Dead River Company vs. purchasing gasoline with the COMDATA card.  Sheriff Clark distributed a comparison spreadsheet noting price differences throughout the month in the favor of both entities.  He stated that Dead River and Comdata are very comparable and financially it makes no difference which entity is used.  CFO Roy stated that Comdata revenues have been placed in an Office of Financial Affairs miscellaneous revenue account.  Commissioners Joy and Lawson agreed that revenues associated with gasoline purchases should be moved to the sheriff’s revenue account.  Commissioner Joy preferred to resume the discussion at the June CRM.

Sheriff Clark requested approval of pay and benefits for the full-time temporary assignment of part-time corrections officer Jon Merchant.  This duty would not to exceed 5 months and 3 weeks.

MOTION: to agree with the sheriff’s temporary assignment of part time employee Jon Merchant to work tem on a full time basis for 5 months and 3 weeks at the rate of $13.50, effective May 14, benefits to include sick time and holiday benefit. (Lawson/Brown 3-0, motion passed)

Discussion: Sheriff Clark stated that the assignment will be no longer than 5 months and 3 weeks in this position.


MOTION: to approve the hire of Andrew Crosthwaite of Surry as a full-time dispatcher at Step 9A $14.23 per hour, effective May 14, 2011. (Lawson/Brown 3-0, motion passed)

MOTION: to approve the hire of Anastasia Dayhoff-Osage of Surry and Kayla Blanchard of Ellsworth as part-time, on call, as needed dispatchers at the rate of $12 per hour, effective May 14, 2011. (Lawson/Brown 3-0, motion passed)

Discussion: All new employees have no previous experience. 

MOTION: to approve the hire of Tyler Kennedy of Hancock as a part-time, on call, as needed dispatcher at one and one half times his rate of pay. (Lawson/ failed for lack of 2nd)

MOTION: to approve the hire of Tyler Kennedy of Hancock as a part-time, on call, as needed dispatcher at one and one half times his rate of pay after working 40 hours in any given week as a county employee. (Lawson/ failed for lack of 2nd)

Discussion: Mr. Kennedy would be paid time and a half for hours worked after 40 hours.  Mr. Crosthwaite would fill the 8th position.  The new hires would replace the previous employees administratively removed in a previous meeting.  Commissioner Joy suggested having a trained dispatcher in the 8th position.  Commissioner Brown was opposed to the hire due to overtime issues.

MOTION: to approve the hire of Tyler Kennedy of Hancock as a part-time, on call, as needed dispatcher at one and one half times his rate of pay after working 40 hours in any given week as a county employee. (Lawson/ Joy 3-0, motion passed)

Discussion: Director Wellman was asked to be cognizant when utilizing county employees from different departments as part-time employees.

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

Commissioner Joy called the meeting back into regular session at 2:56 p.m. and made the following motion:

MOTION: move, in the case concerning the RCC, to reimburse for the storage of the vehicle up to $375 if the vehicle is removed by 5:00 p.m. tomorrow (5/13/11). (Joy/Lawson 3-0, motion passed)


MOTION: to affirm the acceptance of the airport plumbing bid from Clayton Nowell Plumbing in the amount of $2,925, to be paid from account 40-70-460. (Joy/Lawson 3-0, motion passed)

MOTION: to affirm the acceptance of the airport security camera system bid submitted by Seacoast Security, in the amount of $30,577. (Lawson/Joy 3-0, motion passed)

Maintenance continued:
MOTION: to accept the No Frills bid. (Brown/Lawson 3-0, motion passed)


MOTION: to approve the hire of Kate Dickens a part-time temporary employee at the rate of $12 per hour, to be paid out of the surcharge account, in order to complete the Book and Indexing project. (Brown/Lawson 3-0, motion passed)


MOTION: to approve the purchase of a TRIO accounts receivable module. (Lawson/Joy 3-0, motion passed)

Discussion: funds to be paid from the OFA capital reserve account.

MOTION: to approve the Penobscot Builders Performance and Payment Bond. (Brown/Lawson 3-0, motion passed)

MOTION: to allow the chairman to sign change orders up to $10.000. (Brown/Lawson 3-0, motion passed)

Discussion: the CFO has asked Woodard and Currin to pay half the cost of the Performance Bonds and Payment Bond due to their oversight in missing this item.  Thermostats and controls were discussed.  The total amount of change orders should not exceed $10,000.  An OSHA report was requested for the incident that occurred on the first day of work.

CFO Roy requested approval to travel out of state to addend a class on "Goof Proof Grammar."

MOTION: to approve an out-of-state travel request by the CFO. (Brown/Lawson 3-0, motion passed)


MOTION: to accept the resignation of, the Unorganized Territory E-9-1-1 Addressing Agent, Marc Perry effective May 9, 2011. (Brown/Lawson 3-0, motion passed)

3:25 p.m.: Break
3:32 p.m.: Back in session

Commissioner Joy read Article 37 section 1 of the Means grievance relating to Holiday Pay and asked Mr. Means if this was his grievance to the county commissioners.   Mr. Means responded, yes and stated that it was his interpretation that all hours worked over 40 hours are suppose to be paid at time and one half.  Commissioner Joy questioned why the contract was not followed in this instance.  It was explained that when converting to Time Trak, the representative was given the union contract and was told to follow it.  After the first holiday, the CFO and the sheriff met and the CFO was informed about the "holiday shift" (past practice) vs. the payment of "hours actually worked on a holiday" as written in the contract.  Commissioner Joy preferred to follow the contract, as written.  Mr. Means explained that when he wrote the grievance his intent was to try to show that holiday’s worked should be counted as hours worked.

Commissioner Joy questioned how a employee was being paid when arriving for work at 4:00 p.m.  Mr. Means explained that the 4:00 p.m. employee should be paid 12 hours at time and a half for working from 4:00 p.m. to 4:00 a.m., beginning on the holiday.  The employee who worked from 4:00 p.m. the day prior to 4:00 a.m. the day of the holiday is not paid time and a half for working the 4 hours of the holiday, due to the "holiday shift" rule.

CFO Roy clarified by asking if going forward, if any person actually working on the holiday should be paid for the hours actually worked on the holiday. The answer was yes.  If the employee is working a 48 hour work week, hours 41-48 would be at time and one half.

Mr. Means asked if someone worked a shift on Friday to Saturday, do the Saturday hours show up on the next pay period?  CFO Roy stated that due to having to pay for "hours actually worked" on a holiday, as requested in the grievance, this would also apply to paying employees from 12:00 a.m. Saturday to midnight Friday.  Mr. Means disagreed and stated that his point was not to take advantage of the contract or the commissioners.  Commissioner Joy disagreed, he thought that hours worked should be counted within 24 hours, 7 days a week.

Commissioner Joy agreed with Mr. Means grievance and stated that the County should be paying for hours actually worked.  Due to past practice, Mr. Means is probably right, but, his grievance has opened up other issues that will be discussed at another time.  Commissioner Joy preferred to stop the past practice and follow the contract as written.  Mr. Means said he will not give up on past practice items that are benefiting union employees.

Commissioner Joy stated that the grievance should be granted and employees should be awarded funds owed from Christmas 2010 forward.  He suggested giving Mr. Means time to digest the numbers presented.  Commissioner Joy stated that the contract would be followed, the holiday worked would be paid at time and a half for hours actually worked on the holiday and if an employee worked a 48 hour week, 8 hours of overtime would be paid as well.

Commissioner Brown stated that the commissioners trust the employees and hold them in high regard, but when situations arise someone always gets angry.  He preferred not to leave the room with Mr. Means unhappy.  Commissioner Brown summarized by saying, some things the commissioners do is not received well, but they do not do these things with mean or poor intentions.

Mr. Means agreed to continue deliberations until the June regular meeting and stated that he will not grieve the change to pay from 12:00 a.m. Saturday to midnight Friday if the commissioners agree to follow the current practice until union negotiations.

MOTION: to continue the Means deliberations to the June Regular meeting.

4:30 p.m.
MOTION: to adjourn. (Joy/Lawson 3-0, motion passed)

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