TOWN OF MOUNT DESERT
BOARD OF SELECTMEN
MEETING MINUTES
August 16, 2010
A meeting of the Board of Selectmen was held this date in the Somesville Fire Station, Somesville, Maine.
Those present included: Chairman Tom Richardson, Selectmen Jean Bonville, Chuck Bucklin Marilyn Damon, and Rick Mooers, Town Manager Durlin Lunt, Public Works Director Tony Smith, Fire Chief Mike Bender, Police Chief Jim Willis, Harbormaster Shawn Murphy, Finance Director John Graves, Town Clerk/Recording Secretary Joelle Nolan, and members of the public.
I. Call to order.
Chairman Richardson called the meeting to order at 6:36 PM.
Board agreed to take out of order agenda item:
III. C. Camp Beech Cliff trailer parking request- Somesville Fire Station.
Debra Deal, Executive Director of Camp Beech Cliff was present and reviewed the request as presented in her letter of August 5, 2010. The office trailer will be placed on the conference room side of the fire station; there will be 3 – 4 office staff working from the office trailer; they will be considerate of parking spaces and will find alternative parking areas if necessary. Utilities will be separate by use of a temporary pole and meter; and the trailer has bathroom facilities. Selectman Bonville asked if the request has had a review by the Code Enforcement Officer, Kim Keene. Ms. Deal said yes.
Fire Chief Bender said the placement and use of the office trailer will not take away from fire department operations.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to allow the placement and use of a temporary office trailer by Camp Beech Cliff staff at the Somesville Fire Station. The vote was unanimous in favor 5-0.
II. Minutes
A. Approve minutes of regular meetings July 6, 2010 and August 2, 2010.
Selectman Bonville asked to table July 6, 2010 minutes to allow her time to review.
MOTION: Selectman Bonville moved, seconded by Selectman Bucklin, to table the minutes of July 16, 2010. The vote was unanimous in favor 5-0.
MOTION: Selectman Bonville moved, seconded by Selectman Bucklin, to approve the minutes of August 2, 2010 as presented. The vote was unanimous in favor 5-0.
III. Appointments and Public Requests
A. Appoint Nicholas Brown as part time police officer and dispatcher at a rate of $14.50 per hour.
MOTION: Selectman Bucklin moved, seconded by Selectman Mooers, to appoint Nicholas Brown as part-time police officer and dispatcher at a rate of $14.50 per hour. The vote was unanimous in favor 5-0.
B. Inquiry from Library Director Robert Pyle: Reprints of 1989 town history
Police Chief Willis noted for years there have been several boxes of the books Mount Desert An Informal History stored in the police department back room. Over the years, cases were sold to local bookstores for re-sale; however, now all books are gone. Mr. Pyle's request is prompted by the 250th anniversary celebration planned for next year (2011), of European settlement on MDI. Mr. Pyle noted the Northeast Harbor Library has only seven copies of the book.
Board agreed it would like to hear from Mr. Pyle at the Board's next meeting regarding cost and number of copies. Town Manager Lunt will contact Mr. Pyle.
IV. Consent Agenda
A. Letter from Bar Harbor Police Chief Young thanking Chief Willis for help during presidential visit.
B. Letter from Sue Baker Re: National Floodplain Insurance Program
C. Acadia Disposal District-guaranteed annual tonnage.
D. Letter from NEH Ambulance Chief Joanne Robbins thanking marina staff for assistance during recent medical emergency.
E. Notice to Hancock County Commissioners District Caucus.
F. Acknowledge receipt of monthly department reports; Assessing, Code Enforcement, Fire, Police, Public Works and Wastewater.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to approve the Consent Agenda as presented. The vote was unanimous in favor 5-0.
V. Selectmen Reports
Selectman Damon said she had heard crows were eating the windshield wipers on town trucks. Public Works Director Smith confirmed, and described measures taken to prevent further damage. He noted crows are a protected migratory species; therefore cannot be shot.
Selectman Damon asked if a certificate of insurance has been obtained for current work being done at the Town Office building. She was assured it has been received and is on file.
Selectman Damon asked that the police speed cart be placed on Summit Road; Police Chief Willis responded yes. Moreover, Selectman Bonville noted the intersection of Harbor Drive and Harborside Road would be a good place to monitor speeding.
Selectman Bonville asked about applicants for the Revitalization Committee. Board agreed to review the applications at its next meeting and make selections.
Chairman Richardson asked to have a large plan of the Harbor project by Thursday, August 19th for the Summer Residents Association meeting. Harbormaster Murphy said he would obtain. Chairman Richardson and Selectman Jean Bonville will attend the meeting on behalf of the Board.
VI. Old Business
A. Discussion with Finance Director Graves on old uncollected personal property and accounts receivable.
Board first addressed the accounts receivable list for 2007 which totaled $1,557.74. Finance Director Graves referred to his memo dated August 9, 2010. Selectman Bonville thought the lost deposit issue had been taken care of last year when the Board agreed to write off $65.18. Finance Director Graves maintained there is a remaining balance of $23.24 to be written off as uncollectable. Selectman Bonville said she is comfortable with writing off the $510 error regarding Kim Parady; however, she thought the Board had already agreed to write off this invoicing error. Selectman Bonville thinks the Elementary School amount has been dealt with by an audit adjustment. Finance Director Graves will confirm; however, he thinks this is a check returned for insufficient funds, a separate issue.
Selectman Bonville asked if $150 was returned to the Peabody family. Finance Director Graves said it is in the process.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to write off $1557.74 from 2007 accounts receivable as presented. The vote was unanimous in favor 5-0.
Finance Director Graves referred to his memo dated August 11, 2010 regarding delinquent personal property taxes. He suggested that taking these accounts to small claims court would cost more than amount to collect. Selectman Bonville requested confirmation with the auditor regarding the abatement for McAlpin. Discussion followed regarding the pros and cons of spending additional time pursuing collection of these accounts. Selectman Damon would like phone calls made to Jenkins and Train; it isn’t fair to those who do pay. Selectman Bonville suggested it does not send a good message to the public if not all avenues of collection are pursued.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville , to abate the personal property taxes for E. F. Muttons, Inc. in the amount of $165.66, Frontiervision Partners, L. P. in the amount of $1,407.97, William J. McAlpin in the amount of $78.65, and Rent-Way in the amount of $8.56; and to come back with the results of phone calls made to Larry Jenkins and Train Properties. The vote was unanimous in favor 5-0.
B. Discussion with Finance Director Graves of Warrant Fund Transfers.
Finance Director Graves presented the Board with a memo dated August 4, 2010 in which he described the warrant process and in particular the issues with Warrant #6.
Chairman Richardson asked if there was a double posting in the amount of $61,854? Finance Director Graves replied yes, and noted the error was corrected. He also made the point that bank statements could not have been properly reconciled if corrections had not been made. Although the memo was very thorough, Selectman Bonville said she still questions how the corrections were made through town records.
C. Answer to complaint re: Colonel’s Deli Fire.
Town Manager Lunt noted Town Attorney Edward R. Benjamin, Jr. is simply keeping the Board informed. No action required at this time.
MOTION: Selectman Bonville moved, seconded by Selectman Mooers, to acknowledge receipt of the copy of the filing made to Hancock County Superior Court by Defendants Town of Mount Desert and Michael Bender's Answer to Plaintiffs' Complaint.
The vote was unanimous in favor 5-0.
D. Maine Municipal Association Leader’s Program update.
Town Manager Lunt noted the report from MMA’s Senior Loss Control Consultant Ann Schneider included an Action Plan with recommendations for the Fire, Harbor, and Police Departments. No action required at this time.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville , to acknowledge receipt of the MMA letter and Action Plan as presented. The vote was unanimous in favor 5-0.
E. Memo from Police Chief Willis requesting the release of funds up to $50,000.00 from account #24101-72 Radio Reserve related to the communications improvement project.
Police Chief Willis reported “it works” referring to the communications improvement project, and thanked the Board for its support. Selectman Bucklin noted the total project cost exceeds the $50,000 requested. Police Chief Willis said the additional cost will be covered with carry-over funds.
MOTION: Selectman Bucklin moved, seconded by Selectman Bonville , to release funds of up to $50,000.00 from account #24101-72 Radio Reserve to pay items related to the communications improvement project. The vote was unanimous in favor 5-0.
VII. New Business
A. ICMA issue for former employee.
Town Manager Lunt introduced the subject and asked Town Clerk Nolan to explain since she has been communicating with ICMA and Mr. Michael Johnson, former harbormaster for the Town.
While employed by the Town, Mr. Johnson enrolled in the ICMA retirement plan; and upon his resignation he left the contributions, made by himself and the Town, in his account. Recently he decided to rollover the funds to a retirement plan with his current employer. According to quarterly statements Mr. Johnson received from ICMA during the past several years and conversations he recently had with representatives from ICMA, he believed he was 100% vested and would be receiving the total account balance. However, upon receipt of his funds he received only 60% of the Town’s contribution. From the forms Mr. Johnson submitted that contained his start and resignation dates, it was determined he was employed 5 years; it takes 7 years of continuous employment to be 100% vested. ICMA’s representative stated
that since ICMA had not received a termination date for Mr. Johnson, prior to receipt of the payout request, as the years passed his account earned 100% vested status. The 40% of the contributions made by the Town were deposited into a Forfeiture Account for the Town’s use for funding a future payroll’s employer’s contribution or to pay for plan fees. According to ICMA, IRS Standards dictate this action.
Mr. Johnson was present and explained his position. He feels he is entitled to the 40% Town contributions because was led to believe he was 100% vested from statements he received during the past several years from ICMA. He stated it was the Town’s responsibility to disclose to ICMA his resignation. Selectman Bonville noted neither party contributed funds to the account since Mr. Johnson’s resignation. It is unfortunate that the ICMA reports were incorrect; however, it is the employee’s responsibility to know the status of his account. Selectman Bonville suggested the Board could be setting precedent. Mr. Johnson reiterated that for ten years he was led to believe he was 100% vested. Selectman Mooers suggested the Town has access to other funds that could be offset by the forfeiture
account (as an asset). He asked what are the IRS Standards and what are ICMA practices? He also suggested the Town obtain a copy of Mr. Johnson’s account history since 1998.
Board agreed it needed more information; and once obtained, the matter will be addressed again.
B. Discussion with Finance Director Graves about bid for interest rate options for the Obligation Bond.
Bar Harbor Bank submitted a competitive loan proposal for the $2,200,000 General Obligation (Marina) Bond. Finance Director Graves said the interest rate is very good. The Town’s bond Attorney, Michael Trainor, has prepared acceptance papers if the Board votes to accept. The Bond Bank rate probably will not be as good, according to Attorney Trainor. Finance Director Graves recommends accepting the Bar Harbor Bank proposal.
Selectman Bonville thought this an excellent opportunity; she doubts the Bond Bank interest rate will be lower than Bar Harbor Bank. However, she suggested in order for the Board to vote, the issue needs to appear as such on a future agenda. Because the Bar Harbor Bank offer has an August 25, 2010 deadline, Board directed staff to determine if the offer can be extended until the Board’s next regular meeting on September 7, 2010. If not, then a Special Meeting will need to be called.
MOTION: Selectman Bonville moved, seconded by Selectman Mooers, to accept the Bar Harbor Bank offer for a 20 year loan in the amount of $2,200,000 at a rate of 3.64%, with the understanding paperwork will be completed at a later date. The vote was unanimous in favor 5-0.
VIII. General Issues
A. Acknowledge receipt of monthly financials, Revenue Report, Expense Report, and General Ledger.
Selectman Bonville requested that a General Ledger report be generated with a beginning balance.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to acknowledge receipt of monthly financials as presented. The vote was unanimous in favor 5-0.
IX. Committee Meetings Reports
None presented.
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrants #96 for $105,451.62 for FY 2010, and #9 for $999,420.18 for FY 2011.
After a few clarifications,
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve Warrant #96 for $105,451.62 for FY 2010. The vote was unanimous in favor 5-0.
Chairman Richardson asked about, on Warrant #9, page 1, the transfer of funds to Acadia Trust. Finance Director Graves explained the money is from the capital reserve fund and allows Acadia Trust to invest the money. And on page 2, the Colwell Diesel $1,000 credit? The Credit Memo account is intermediary, the original account is credited. Selectman Bonville noted that on page 10 the Seal Harbor VIS payment should be $22,700 (rather than $4,000) from account #106-01509-47. Finance Director Graves said the difference of $18,700 will be on the next warrant.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve Warrant #9 for $999,420.18 for FY 2011. The vote was unanimous in favor 5-0.
XI. Executive Session
None
Adjournment
Selectman Mooers moved, seconded by Selectman Bucklin, to adjourn the meeting at 8:07 PM. The vote was unanimous in favor 5-0.
Respectfully submitted,
Jean Bonville
Secretary
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