Town of Waldoboro
Board of Selectmen
Meeting Minutes
Tuesday, November 9, 2004
The Board of Selectmen met at the Municipal Building on Tuesday, November 9, 2004 at 6:00 p.m. to conduct town affairs.
Members present were Gordon Webster, Rebecca Maxwell, Theodore Wooster, and Ellen Winchenbach. Kathleen Blodgett was absent this evening. Staff present was Town Manager Lee Smith and Eileen Dondlinger, Finance Director.
Others present were Kathleen Tyson, of Runyon, Kersteen Ouellette, and Shelly Pease representing the Waldoboro Business Association and Ed Ordway. Also present was Lincoln County News Representative Michael Colbert.
The Board held public hearings for the following items:
A. Nicholas DePatsy d/b/a DePatsy’s Lanes & Lounge, Inc for A Restaurant Class Liquor License and Special Amusement Permit Renewal.
The applicant was not present and no one from the public was present to speak in favor or opposition to the applications. Police Chief Leroy Jones had submitted a letter of recommendation for renewal.
On motion of Wooster/Maxwell, the Board Voted: to approve the Restaurant Class Liquor License and Special Amusement Permit renewal for Nicholas DePatsy, d/b/a DePatsy’s Lanes & Lounge. (Vote 4-0-1 Blodgett absent).
On the motion of Maxwell/Winchenbach, the Board VOTED: To approve the consent calendar as follows: (Vote 4-0-1)
A. Regular meeting minutes – October 26, 2004.
B. Warrants & Financial Reports:
1. General Fund Warrants 17 and 18.
2. Payroll Warrants 17 and 18.
C. Departmental Reports for October.
4. Communications
On the motion of Maxwell/Wooster, the Board VOTED: To accept and place on file the following correspondence: (Vote 4-0-1)
A. MDOT Gateway-1 Meeting Notice for 11/17/04 at 5:30 p.m. at Rockland City Hall.
B. MMA Safety Enhancement Grant Award - $2,000 to Waldoboro EMS for Cot Purchase.
C. A.D. Gray Notice re: Veteran’s Day celebration 12:10 p.m. 11/10/04.
5. Official Action.
A. Act on FY04 Municipal Audit Report.
Kathleen Tyson of Runyon, Kersteen Ouellette presented the results of the municipal audit for the period ending June 30, 2004. She stated that the Town received an unqualified clean opinion and that the Town of Waldoboro’s financial statements are fairly presented in all material respects. Because of the level of federal funding received this year (over $500,000), a single audit was also required to verify compliance with federal grant/loan requirements.
The auditor reported one finding relative to segregation of duties which is typical of small towns. The finding states that the person accounting for an asset such as cash be denied access to the asset. The audit recognizes that because of the small size of the accounting staff, ideal segregation of duties is not practical.
The auditor also recommended that the town consider looking into alternatives to simplify and streamline the ambulance billing and related reporting system. Although audit tests found no inaccuracies in the ambulance billing system, and found the system to be up-to-date, the actual software being used seemed antiquated. As a result, certain transactions need to be forced and several different reports need to be run and totaled to provide accurate information. This year was the first year that the audit report reflect the Governmental Accounting Board GASB34 implementation which provides for the tracking of all assets, including roads and depreciate those assets.
Kathy then presented the highlights of the audit including a three-year comparison of general fund assets and liabilities, and fund balance. She also presented a 10-year comparison of property tax collection rates, property tax rates, tax commitment, fund balance and undesignated fund balance. A comparison of undesignated fund balances with other like communities was also presented. Finally a comparison of fund balances in funds other than the general fund were presented (i.e. capital reserve fund, private purpose trusts, water department, and other special funds.
On motion of Wooster/Maxwell, the Board VOTED: To accept the FY04 Audit Report. (4-0-1).
B. Act on Water Department Operations Contract.
The Town maintains an Operations and Management Agreement with Aqua Maine, Inc (formerly Consumers Maine Water Company) for the operation and management of the Waldoboro Water Department. The current contract expires on December 1, 2004. Aqua Maine has presented a renewal contract for consideration maintaining the same terms and conditions as provided in the current contract at $5,900 per month for routine services.
On motion of Wooster/Winchenbach, the Board VOTED: To execute a one year contract with Aqua Maine, Inc for the operation and management of the Waldoboro Water Department at a cost of $5,900 per month. (Vote 4-0-1).
C. Act on Maine Municipal Bond Bank Loan Agreement.
The Maine Municipal Bond Bank Loan Agreement dated October 17, 2004 was presented to the Board for approval in connection with a 2004 General Obligation Water Bond in the principal amount of $193,750 with principal forgiveness of $581,250 for the development of a new source of supply for the water system.
On motion of Maxwell/Winchenbach, the Board VOTED:
1. That pursuant to the Constitution of the State of Maine, Title 35-A and Title 30-A, Section 5772 of the Maine Revised Statutes, as amended, and action of the voters of the Town at town meetings duly called and legally held on June 12, 1999, and June 14, 2001, and votes of the Selectmen October 10, 2000, September 25, 2001 and extension votes in 2002 and 2003, and any other authority thereto enabling the Town of Waldoboro is authorized to borrow from the Maine Municipal Bond Bank State Revolving Fund (SRF), a principal amount not to exceed Seven Hundred Seventy-Five Thousand Dollars ($775,000) the proceeds of the loan to be used to finance the design and construction of improvements and upgrades to the Town' s water system including, but not limited to new pumping stations, water mains and storage facilities and to comply with the requirements of the Safe Drinking Water Act, and to develop a new water source; the new water source may include but is not limited to Medomak Pond in Waldoboro, or an interconnection with the water main of Consumers Main Water Company at the junction of Route 1 and Route 97 in Warren, Maine, including improvements inside and outside the territorial limits of the Town of Waldoboro, (the "Project"), said loan to be evidenced by a General Obligation Water Bond of the Town of Waldoboro, for a term not to exceed 30 years to be executed on behalf of the Town by the Town Treasurer and counter-signed by at least a majority of the Board of Selectmen and to be at such interest rate may be established by the Maine Municipal Bond Bank and approved by the Treasurer and majority of the Selectmen with such maturities, and to be on such further terms and conditions as may be prescribed by the lender and agreed to by the Treasurer and at least a majority of the Selectmen (the "Bond").
2. That the Chairman of the Board of Selectmen or the Treasurer be, and each of them hereby is, authorized to execute and deliver on behalf of the Town of Waldoboro a loan agreement or loan resolution for the issuance of the Bond and the Note in such form and with such terms as the Maine Municipal Bond Bank shall require.
3. That the Chairman of the Board of Selectmen or the Treasurer be, and each of them hereby is, authorized to execute and deliver on behalf of the Town of Waldoboro an application to the Maine Public Utilities Commission for approval to issue long-term securities for the Bond.
4. That all actions heretofore taken by the officers of the Town of Waldoboro relating to the borrowing from the Maine Municipal Bond Bank and issue of the Bond and Note be, and they hereby are ratified, approved and confirmed.
5. That all actions heretofore taken by the municipal officers of the Town of Waldoboro relating to the issuance of the Town's 2004 General Obligation Water Bond and Bond Anticipation Note be, and they hereby are, ratified, approved, and confirmed.
6. That the law firm of Eaton, Peabody, Bradford & Veague, P.A., is hereby designated as bond counsel for the Town to advise the Town with respect to the issuance and sale of the Bond, and to prepare documents and render opinions as may be necessary or convenient for the purpose.
7. That the municipal officers and officials of the Town are hereby authorized to execute all documents and certificates, and to take all action, including affixing the seal of the Town, as may be necessary or convenient to carry out the full intent of the foregoing votes or any one of them.
D. Act on DEP Small Cities Program Wastewater System Bids.
The Maine Department of Environmental Protection has awarded the community grants for the purpose of correcting malfunctioning septic systems for qualified property owners. The Planning & Development Department solicited bids for the replacement of three qualifying septic systems and recommends the award of bids. Total funds available for these projects is $26,000. The estimated cost of the three replacement systems is $22,147.00
On motion of Wooster/Winchenbach, the Board VOTED: To award the bids for replacement of three wastewater systems as follows: (Vote 4-0-1)
A. Augusto project awarded to Thomas Hartford at a bid price of $8,659.00 (municipal share of project is $5,030.50).
B. Campbell project awarded to Phillips Excavation at a bid price of $7,965.00 (municipal share of project is $4,196.50).
C. Harvey project awarded to Lash Excavation at a bid price of $12,497.00 (municipal share of project is $12,920.00).
E. Act on Maine Water Utilities Association Board of Directors Ballot.
On motion of Maxwell/Wooster, the Board VOTED: To cast the ballot for the election of 2005 Directors of the Maine Water Utilities Association for Judy Kelley, Aqua Maine, Inc and Mike Nadeau, South Berwick Water District. (Vote 4-0-1)
F. Act on Municipal Review Committee (MRC) Board of Directors Election Ballot.
On motion of Webster/Wooster, the Board VOTED: To cast the ballot for the election of Municipal Review Committee for Susan Lessard, Town Manager of Hampden, to represent us on the Municipal Review Committee (MRC) Board of Directors. (Vote 4-0-1).
G. Act on Quitclaim Deed to Walter Love & Margaret Webb.
On motion of Wooster/Maxwell, the Board VOTED: To execute a quitclaim deed to Walter Love & Margaret Webb for release of old tax liens dated 1948 and 1949 which were apparently not properly discharged against property of Carlton Genthner. (Vote 4-0-1)
6. Executive Session(s).
On motion of Maxwell/Wooster, the Board VOTED: To convene in executive session as Trustees of the Philbrook Fund at 7:15 p.m. to act on an application for financial assistance. (Vote 4-0-1).
On motion of Wooster/Maxwell, the Trustees VOTED: To authorize a maximum of $2,400 in financial assistance to assist a resident who recently lost their home due to a fire. (Vote 4-0-1).
On motion of Maxwell/Winchenbach, the Board VOTED: To reconvene in regular session at 7:35 p.m. (Vote 4-0-1)
E. Adjourn.
On the motion of Wooster / Maxwell, the Board VOTED: To adjourn at 7:35 p.m. (Vote 4-0-1)