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Commissioners Regular Meeting

Commission Chairman, Steven E. Joy called the regular monthly meeting of the Hancock County Commissioners to order at 9:00 a.m. on Tuesday, November 6, 2012 in the conference room at the county courthouse located in Ellsworth Maine with Commissioners Brown and Lawson in attendance.

Commission Business :

Old Business:

MOTION: Approve the minutes of the October 2, 2012 commissioners' regular meeting and October 10th and 24th, 2012 commissioners' special meetings. (Lawson/Brown 3-0, motion passed)

MOTION: to accept the revised easement for the communication tower on Bull Hill. (Joy/Brown 3-0, motion passed)

The following bids were opened for courthouse complex snow removal:

K.J. Dugas Construction:       $45 per hour plowing / $59 per hour sanding.
The Buy "US" Company:       $70 per hour plowing / $70 per hour sanding.
Skip Eaton Construction:       $70.40 per hour plowing / $72.40 per hour sanding

Bids were given to the facilities director for review and recommendation.

MOTION: to approve the bid from Dugas construction for courthouse snow removal in the amount of $45 per hour plowing and $59 per hour for sanding. (Lawson/Brown 3-0, motion passed)

Adjustments to the agenda:

MOTION: to remove item 4a from the agenda. (Joy/Lawson 3-0, motion passed)

Office of Financial Affairs:

MOTION: to approve General Fund and Airport Payroll Warrants #12-39, #12-40, #12-41 and #12-42 in the aggregate amount of $211,508.20. (Lawson/Brown 3-0, motion passed)

MOTION: to approve General Fund and Airport Expense Warrants #12-37, #12-38, #12-39 and #12-40 in the aggregate amount of $250,715.89. (Lawson/Brown 3-0, motion passed)

MOTION: to approve Jail and UT Fund Payroll Warrants #13-13, #13-14, #13-15 and #13-16 in the aggregate amount of $96,337.46. (Lawson/Brown 3-0, motion passed)

MOTION: to approve Jail and UT Fund Expense Warrants #13-13, #13-14, #13-15 and #13-16 in the aggregate amount of $99,285.93. (Lawson/Brown 3-0, motion passed)

Deputy Treasurer Atwater presented financial reports to include the jail and airport update.  Commissioner Joy noted that the RCC overtime budget is already over expended by over $10,000 and the Comp time buy-out/buy-down is over expended by $2.225.

MOTION: to approve September health insurance expenditures in the amount of $98,645.10. (Joy/Lawson 3-0, motion passed)

MOTION: to approve a capital expenditure from account G1-3011-00 in the amount of $13,733.69 for granite steps renovation, this is the total expenditure for the project. (Lawson/Brown 3-0, motion passed)

MOTION: to approve a capital expenditure from account G1-3015-20 in the amount of $310 for testing of SCBA equipment. (Lawson/Joy 3-0, motion passed)

MOTION: to approve a capital expenditure from account G1-3015-20 in the amount of $242.70 for the purchase of filters for SCBA equipment. (Lawson/Joy 3-0, motion passed)

MOTION: to approve a capital expenditure from G1-3014-40 in the amount of $71 and $1,800 from account E08-70-150 for the purchase of a copier/scanner in the Registry of Probate. (Lawson/Joy 3-0, motion passed)

MOTION: to approve a capital expenditure from account 40-70-800 for the purchase of airport lighting in the amount of $398. (Joy/Lawson 3-0, motion passed)

Fiber installation is moving forward.  Paperwork has been submitted to the University of Maine and Maine Fiber Company is waiting on Time Warner to complete some work prior to implementation.

MOTION: to approve the hire of Velma Jordan of Waltham as a part-time clerk in the Office of Financial Affairs at a rate of $12.50 per hour, no benefits included. (Joy/Lawson 3-0, motion passed)
Discussion: this is an 8 hour per week position.

MOTION: to authorize the chairman to sign a letter of intent to renew self insurance with Meritain Health. (Lawson/Brown 3-0, motion passed)
Discussion: Commissioner Joy stated that the county may be interested in changing brokere, not the health insurance provider.

The commissioners scheduled interviews for health insurance brokers for November 13th beginning at 9:00 a.m.: The airport and UT budget will be heard on this day and two tax appeal hearings will be heard, the first of which will begin at 12:30 p.m.

All departments that utilize accounts receivable have been trained.  Implementation should begin by December 1st and everyone should be online and using the AR system by January 1, 2013.  Airport Manager Rogers stated that she was concerned that there was no method for making statements in the AR module.  This discussion was tabled until the next meeting.

Airport:

Airport Manger Rogers updated the commissioners on MDOT progress at the airport.

MOTION: to approve an amendment to the Minimum Standards to change the square footage of item 18A, Private Hanger Leases, from 5,625 to 3,100 effective November 6, 2012. (Lawson/Joy 3-0, motion passed)
Discussion: enplanement numbers, virtual primary designation, hanger redesign and leases were discussed.  FAA grant “ready to go” designation funds may be available the BHB if the 10,000 enplanement requirement is not met in 2012.  An enplanement reporting requirement was suggested.

MOTION: to terminate the land lease with Acadia Transport, Inc.. (Lawson/Joy 3-0, motion passed)

MOTION: to accept the 20 year lease with Victor Tango, LLC. for parcel "F" beginning November 6, 2012. (Lawson/Brown 3-0, motion passed)

Airport Manager Rogers presented an overview of the airport 5-year capital improvement plan.

MOTION: to accept the operating agreement with PenAir through October 12, 2013. (Lawson/Brown 3-0, motion passed)

Airport Manager Rogers briefed the commissioners on recent legislation stating that the State of Maine will no longer be collecting excise tax on aircraft or registering aircraft.  It is now the responsibility of the municipality that owns the airport, which in the case of the Hancock County - Bar Harbor Airport, is the County of Hancock.  She was not in favor of charging for registration of aircraft.  Commissioner Brown stated that this should be a policy for the Hancock County-Bar Harbor Airport not the entire county.  Airport Manager Rogers suggested tabling the discussion, the commissioners agreed.

MOTION: to table the aircraft registration policy to a date uncertain. (Joy/Lawson 3-0, motion passed)

Emergency Management Agency:

Emergency Manager Sankey distributed the EMA financial dashboard and discussed "left over funds" from the cruise ship exercise.  Preventive equipment maintenance will begin shortly utilizing funds from account 02-20-200 Maintenance.  The possibly purchase of ballistic shields was discussed, currently, they are used by the State Police tactical team and the Department of Public Safety.  Director Sankey stated his concern with the depletion / deletion of the Decon Strike team (DST).  The DST had been originally instituted as the Regional Response Team (RRT), initially their purpose was weapons of mass destruction (WMD) response.  Its funding has been predetermined, for 2012, at $5,000.  There were originally 16 teams within the State of Maine which have now been reduced to 7.  The DST in Hancock County is essentially an adjunct of the Ellsworth Fire Department.  It was agreed that the City of Ellsworth would house this team so long as the City did not incur a financial burden, that day is soon approaching.  The teams have been downgraded because we “do not have a WMD threat in Hancock County.”  Director Sankey strongly believes that there is a growing need for such a presence in Hancock County, given the changing business climate.  This a the first part of a more in depth discussion, as the issue further evolves.

MOTION: to award website redesign work to the Ellsworth American at a cost of $1,462.50 plus $60 per hour for content input and training/support. (Lawson/Joy 3-0, motion passed)

Director Sankey stated that the Hancock County EMA now has a Facebook account.

Maintenance:

MOTION: to approve the promotion of custodian David Linnell of Mariaville to the position of Assistant Facilities Director at Step 10C on the courthouse wage scale at $15.77 per hour, effective November 10, 2012. (Brown/ motion withdrawn)
Discussion: Register Curtis stated that that she felt paying a former courthouse union employee from the courthouse wage scale is unjust because the remaining former courthouse union employees have remained on the courthouse union scale.  Commissioner Joy stated that this would be a non-union, non-exempt position.  The hire would have to be based on the current job description on the courthouse union scale.

MOTION: to approve the promotion of custodian David Linnell of Mariaville to the position of Assistant Facilities Director at Step 10C on the old courthouse union wage scale at $15.17 per hour, effective November 10, 2012. (Brown/Joy 3-0, motion passed)

MOTION: to approve a request to go out to RFP to repair and paint the superior court courtroom at a cost of approximately $11,500. (Brown/Joy 3-0, motion passed)
Discussion: The work would be completed in February 2013.  Commissioner Joy preferred to have the $11,500 commitment from the State of Maine in writing.  The County of Hancock will take the lead in this project.  This project would be paid from the County Building Renovation Reserve account.  Commissioner Joy questioned what would happen if the project went over the required timeline.  Facilities Director Walls stated that he has been assured that the project would be completed during the time allotted.  Night and weekend work would be required should the work surpass the deadline.

Facilities Director Walls monthly report included a brief summary of recent activity, including the ongoing repairs to the courthouse front steps and plaza and DA’s front steps.  Development of the safety and preventative maintenance programs, setting priorities regarding the 5-year plan, a pest control update and a request to begin the search for a small tractor with a loader and PTO was discussed.  Director Walls discussed the need for a software program for inventories and building preventative maintenance.  The commissioners encouraged Director Walls to look into programs he felt were needed.  Commissioner Lawson stated that the 5-year plan should be updated each year by the commissioners and the facilities director.  Commissioner Joy questioned if planning was included in the preventative maintenance program.  The answer was yes.  Commissioner Brown stated that there are reserve funds for a small tractor with a loader and PTO currently set aside.

Sheriff:

MOTION: to approve a transfer of $12,223 US Currency in forfeited assets and one 2003 Chevrolet 1500 pick-up truck in the case of State of Maine v. Roger Campbell-Black. (Lawson/Joy 3-0, motion passed)

MOTION: to approve the hire of Scott Baillargeon of Eddington as a part-time, on call corrections officer, effective November 10, 2012 at the rate of $12 per hour. (Joy/Lawson 3-0, motion passed)

Registry of Deeds:

Register Curtis stated that she projects that revenues will be exceeded by approximately $40,000 for 2012.

Register of Deeds Curtis requested approval to spend up to $2,000 from capital account 3012-10 to purchase Adobe software.

MOTION: to approve the Register of Deed's request to spend up to $2,000 from capital account 3012-10 to purchase Adobe software. (Lawson/Brown 3-0, motion passed)

Register of Deeds Curtis requested to spend up to $1,500 from capital account 3012-80 for the purchase of a Fijitsu scanner.

MOTION: to approve the Register of Deed's request to spend up to $1,500 from capital account 3012-80 for the purchase of a Fijitsu scanner. (Brown/Joy 3-0, motion passed)

Commissioner Brown questioned what the current bill in the legislature will do for the Registry of Deeds.  A discussion followed.

12:08 p.m.: Break for lunch.
12:30 p.m.: Back in session.

MOTION: to enter into executive session under MRSA Title 1 §405 6(A) to discuss a personnel matter. Attendees included Commissioners Fay Lawson, Steven Joy and Percy Joe Brown, Clerk DePrenger and RCC Director Wellman. (Joy/Lawson 3-0, motion passed)

Commissioner Joy called the meeting back into regular session at 1:03 p.m. with nothing to report.

MOTION: to enter into executive session under MRSA Title 1 §405 6(E) to discuss Registry of Deeds litigation with legal counsel attendees included Commissioners Lawson, Joy and Brown and Clerk DePrenger and Register Curtis. (Joy/Lawson 3-0, motion passed)

Commissioner Joy called the meeting back into regular session at 1:28 p.m. with nothing to report.

1:28 p.m.: Break.
1:31 p.m.: Back in session.

RCC/E-9-1-1:

RCC Director Wellman gave a brief overview of the RCC monthly report.  Equipment, to include the sheriff's radio frequency, is being transitioned out of the Acadia National Park tower location due to equipment upgrades.  It will be incorporated back into the location once the new equipment is installed.  It was clarified that the frequency, under an FCC license, is owned by the County of Hancock in the name of the Hancock County Sheriff’s Department.  Director Wellman stated that the actual cost of the RCC frequency will be charged beginning in November, as per agreement with the State of Maine Office of Information Technology.

The application form for the Bull Hill communications tower was distributed for commissioner signature.  The antenna and cable should be removed from the Radio Tower RFP and the county should purchase them at a cost of approximately $8,000.  Installation would be completed by First wind at no cost to the county.  The resulted savings would be approximately $3,000 to $3,500.  It was suggested that Director Wellman contract providers for best pricing and availability.  A copy of the Maine Land Use Regulation commission Permit Application for the Bull Hill communications tower was presented for commission chairman signature.  Commissioner

MOTION: to authorize the chairman to sign the Maine Land Use Regulation Commission Permit Application for the Bull Hill communications tower, once it has been reviewed by Attorney Erik Stumpfel. (Lawson/Brown 3-0, motion passed)
Discussion: Director Wellman questioned if the tower equipment RFP would need to be amended.  The Commissioners directed Director Wellman to direct Ken Knight to submit an addendum to the bid process.

MOTION: to accept the resignation of full-time dispatcher Devon Bohacik effective October 30, 2012. (Brown/Lawson 3-0, motion passed)

Unorganized Territory:

MOTION: to approve the T22/T28 FY12/13 snow/sand contract extension with R. Perry. (Joy/Brown 3-0, motion passed)

Clerk DePrenger stated that there has been a request to identify boundary lines between the Town of Steuben and Township #7. 
MOTION: to send a note to Mr. Huss stating that at this time Hancock County does not feel obligated to complete the request per attorney advice. (Joy/Brown 2-1, motion passed) Lawson opposed.
Discussion: Commissioner Brown preferred to consult with the UT Fiscal Agent prior to making a decision.  Commissioner Lawson stated that the commissioners should identify the line and consider the request.  Commissioner Brown felt that attorney advice should be followed, Commissioner Joy agreed.  Commissioner Brown suggested contacting the Town of Steuben regarding §1157 (4).  Commissioner Lawson suggested contacting Kelly Bellis to check the boundary line.

New Business:

Tax appeal hearings were scheduled for Smith v. the Town of Trenton and Stewart v. the Town of Deer Isle on November 13, 2012 beginning at 12:30 p.m.

Fiandaca v. the Town of Frenchboro will be scheduled during the January regular meeting.

County Clerk:

Clerk DePrenger stated that a representative from Canfield Systems of Scarborough visited the office on October 18th in order to provide a quote for design of a new a recording system for the commissioners meeting room.  No further information was available.

MOTION: to approve the proposed change to Article XVI Health and Major Medical Insurance to include employee contribution rates as set by the county commissioners. (Lawson/Brown 3-0, motion passed)

MOTION: to approve a change to the commissioners health insurance policy changing the policy to a single subscriber plan only or single buy-out/buy-down eligibility. (Lawson/Brown 3-0, motion passed)

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

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