Professional Documents
Culture Documents
AGENDA
Recognitions
Public Hearings
2. Approve Malt, Spirituous and Vinous Liquor License applications for RT New England
Franchise, LLC, d/b/a Ruby Tuesday #7156, 830 Main Street, Aroostook Centre, D-14,
Presque Isle
Citizen Comments
Old Business
Consent Agenda
7. Ballot for MMA 2010 – 2012 to Elect Member to Legislative Policy Committee
8. Approve City Council minutes for the June 7, 2010 meeting
9. Approve Warrants #21 -25 totaling $1,991,749.89
10. Approve closing City Offices, which are able, at 3:00 p.m. on Wednesday, July 21st to attend
the City’s Annual Wellness Picnic
11. Approve establishing a profit-sharing retirement plan in the form of the ICMA Retirement
Corporation Governmental Profit Sharing Plan & Trust
New Business
Manager’s Report
Announcements
Executive Session
Adjournment
City of Presque Isle, Maine
The Office of
City Manager
James A. Bennett
Email: jbennett@presqueisleme.us
MEMORANDUM
TO: Honorable City Council
FROM: James A. Bennett, City Manager
DATE: July 8, 2010
RE: July 12, 2010 Agenda
Please note the 5:00 PM workshop starting time, a light meal will be available at 4;30
Please find the following introductory comments regarding the upcoming meeting. The
workshop material is available under item 1 of your agenda notebook.
Public Hearings:
2. There is no issues that staff is aware of. Passage is supported.
Old Business:
3. On May 3, 2010, the City Council enacted a moratorium that prohibited the creation of any
new first floor residential units within a smaller version of the downtown district. Further, the
Council asked staff to seek input from various groups and report back with a recommendation.
In an attached memo from staff, general support for the concept exists. There is also a sense a
broader, more comprehensive approach to the down town zoning is needed. Included in the
package is additional information. The Council is being asked to decide which of two paths it
would like to see staff to take. It could instruct to draft an ordinance change that relates only to
this item; first floor residential units, and have it processed prior to the expiration of the
existing moratorium. The other direction is to extend the moratorium for 90 days to allow a
more comprehensive recommendation to be considered at the same time. Please see that
attached information for more details.
4. Included in the package is a memo outlining a formal recommendation and request to allow
city staff to participate in the work that needs to be done at the Nordic Heritage Center as well
as a $15,000 donation/loan to the Center.
5. Included in the package are several documents that provide the background information for the
three components of this agenda item. Specifically, you will find a memo from Sonja, a memo
from me summarizing the information, a draft escrow agreement, a proposed overall budget
with suggested funding sources as well as fixture and & furnishings budget. The bottom line
on the project, as currently recommended is that the entire project will cost the taxpayers less
money than if we simply had to upgrade the facility to better meet the ADA requirements.
6. Included in the package is the commitment letter regarding the $200,000 brownfield grant as
well as a memo from staff that outlines the various ways we believe that we can utilizing
existing City resources to provide the 20% match for the project without allocating any cash to
INFORMATION:
Tax Assessor Lona LaFrancis provided article from International Association of Assessors and
REQUESTED ACTION: MH RS DG JT CH ES WE
City of Presque Isle, Maine
The Office of
City Manager
James A. Bennett
Email: jbennett@presqueisleme.us
MEMORANDUM
TO: Honorable City Council
FROM: James A. Bennett, City Manager
DATE: July 8, 2010
RE: Tax Commitment Workshop
On Monday evening, you will meet at 5:00 PM, primarily to understand more about the tax
assessment process. This informational meeting was requested as a result of being made aware of how
the current practice in making annual adjustments will result in shifting of tax burden, despite the
Council and School Committee holding the line on the budgets. This memo is intended to provide the
Council a more in-depth discussion about this issue.
Role of Assessor
The Assessor for each municipality plays an interesting role. While employed by the local
community, the primary responsibility is to the State. In fact, those positions have been described by
some, as agents of the State. It does not take a lot of thinking to understand the rationale for such legal
requirements; controlling the local assessments of property determines the amount of property taxes a
person would pay. Hence, the local assessor must comply with State law and related requirements.
The primary role of the Assessor is to determine the values for all real and personal properties in
the community, with the sole intent of equalizing the tax burden each person must pay. One of the
fallacies that most people believe is that the Assessor must place a value on the home for what it is
"worth." In truth, the Assessor attempts to place values on property so that all people with 'like'
properties pay the same tax burden. To meet this obligation, the Assessor uses known sales of
property to establish a ‘pricing schedule’ to reflect equalized value.
State Measures
To test the degree that a local Assessor is meeting this obligation of equalizing the tax burden,
the State tests the actual sales against the local assessment. After eliminating all sales that are not
considered ‘arms length transactions’, the State will issue a report. An ‘arms length transaction’ is one
which a willing buyer and willing seller agree on a price based on acceptable value. The sale cannot
be influenced by other factors that would undermine the integrity of the sale, such as being relatives,
or a sale during financial duress.
The State report will determine two items: The first will be how close the assessed value was to
the actual selling price. This is expressed as a percentage of the assessed value. The cumulative effect
of sales for the year will determine the total ratio for the community. This is often expressed as the
certified value. To illustrate, if the City has 5 homes that are assessed at $100,000, but sold for an
Local Situation
During the year (April 1, 2009 to April 1, 2010), there was new investment that equates to
$11,725,000 of new local value. That value would be enough to allow the tax rate to stay the same
($24.52), if we did not have to make any other changes. However, the sales that did occur during the
year have indicated that the values of the properties which did sell, still see an increase in the selling
price, despite the national news of a housing slump. Hence, the certified value would drop from 95%
to at least 88%.
The reduction in the certified value would require the Assessor to reduce the values of personal
property (representing about 10% of the total City value), certain business properties, exemptions, and
reimbursements from the State. Combined, these impacts would ‘net’ out around $4,500,000 of the
new value. Therefore, despite the work of the elected bodies to reduce the budget to a nearly flat level,
the actual tax rate would have to increase by about $0.25, or 0.52%. On the average home, it would
mean about $20.00 more per year.
The reductions in the certified value are not occurring equally across all properties. The ‘typical’
homes in the community continue to be stable in their value. In fact, this real estate continues to be the
most stable of all categories. That should not be a surprise. On the other hand, commercial properties
and higher-end homes are not fairing as well. In some cases, a reduction of value has been demon-
strated in the market.
In addition to the lowering of the certified ration, without the traditional adjustments by the
Assessor, the quality rating of the assessing would worsen.
Alternatives
It would be perfectly acceptable for the Assessor to not make any adjustments this year. That,
however; would be a break from the traditional instructions and approach that has been used. Further,
such a step would all but certainly require her to make major adjustments in the next year. In addition,
it would increase the likelihood of complete revaluation in the very near future. Should this alternative
be desired, staff can make those adjustments and process the tax bills accordingly. As a reminder, it
would increase the tax rate by $0.25.
Summary
On Monday night, the Council is holding the workshop to allow its members a better
understanding of the tax assessment role in determining the final tax bill people will pay. The process
is complicated and usually misunderstood. It can be extremely frustrating, as well. This is particularly
the case when elected leadership has to work so hard to hold the line on the budget in anticipation of
not asking any person to make out a larger check. Unfortunately, this is the exact position in which
the Council will finds itself. The traditional approach that the Assessor has used, is considered the
fairest and most progressive way to make adjustments. While the final decision on how to approach
this year’s assessment still remains exclusively in the hands of the Assessor, it technically is a toss of
the coin on which way to proceed. If the Council wants to take the same course of action, there is no
action required. On the other hand, should it desire a different approach this year, the Council should
vote to so during the workshop. Staff will then have the proper documentation ready for action at the
Council meeting.
Please know that for 2010, the assessor has made changes in the City’s assessed values. These
changes were made to correct inequities, to adjust for market value changes and to bring our
average assessment ratio closer to 100%. These changes were in addition to any value changes
made for new and/or incomplete construction and for value estimates that were made after
“no response” to requests for inspection.
The State Valuation report for 2010 states that our average developed parcel ratio was 80%, the
residential ratio was 79% and the commercial ratio was 86%. Using our TRIO program,
including current sales information, our residential ratio was 78.3% and our commercial
ratio was 89.2%.
As a reminder – An assessment ratio is the assessed value divided by the sale price. For
example, if a property’s assessed value is $90,000 and it sells for $100,000 – the ratio is 90%.
Most properties have continued to sell for more than our assessed value.
If no adjustments were made to our cost schedules this year, we would have to certify at 88%
or below. Our homestead and veteran’s exemptions would have to be reduced to that ratio.
Business equipment values, tree growth rates and any other values that are reported to us at
100% would have to be reduced to that ratio.
After reviewing the sales ratio studies and considering the option of certifying at 88%, it
was the assessor’s decision to make multiple adjustments to our cost schedules. As a result of
those changes, our residential ratio increased to 87% and our commercial ratio increased to
91%. This will allow us to certify at 95%.
Before any cost schedule changes were made, we had a net gain in real estate of
approximately $7,197,600. This included 8 new single family homes, 1 duplex, completion
of the Oak Street condos/townhouses, completion of the Hampton Inn and Theriault
Equipment, a new Tractor Supply store, a new Grand Rental Station, a new veterinary
hospital and a variety of changes in incomplete construction and outbuildings.
We had a net increase in taxable and/or BETE reimbursed business equipment of $1, 692,
300.
The 100% value of the homestead exemption was reduced by the State of Maine from $13,000
to $10,000. At 95%, this was a value reduction from $12,350 to $9,500. This shift from
exempt to taxable value increased our taxable value by $2,890,925.
This summary is not a complete list. The real estate numbers were taken from our LD1 list.
Some changes such as mobile home depreciation amounts, tree growth value changes and
changes in “tax acquired” property are not recorded on that list.
As a result of all the changes made, the City’s valuation base has increased from
$490,641,745 to $529,468,470. These changes should result in a reduction in the mil rate
of approximately 1 mil. This does not mean that taxes are going down. Most residential type
properties will see an increase in taxes, due in part to the reduction in the amount of the
homestead exemption, in part due to adjustments that were made to the cost schedules to
improve equity and bring us closer to 100% of value and in part due to a higher county tax, a
higher cost for MSAD #1 and less revenue sharing from the State of Maine.
Respectfully submitted,
Lona M. LaFrancis, CMA
Assessor
PRESQUE ISLE CITY COUNCIL
MEETING OF JULY 12, 2010
INFORMATION:
Due to changes in ownership (stockholders), a public hearing and City Council approval are
required. Copy of public hearing attached along with the cover page of their application.
REQUESTED ACTION: MH RS DG JT CH ES WE
In accordance with MRS Title 28A, Section 653, NOTICE IS HEREBY given that
the City of Presque Isle will hold a PUBLIC HEARING at 6:00 p.m. on Monday,
July 12, 2010, in the City Council Chambers, City Hall, 12 Second Street, to
consider an application for a Malt, Spirituous and Vinous Liquor License for RT
New England Franchise, LLC, d/b/a Ruby Tuesday #7156, 830 Main Street,
Aroostook Centre, D-14, Presque Isle.
Per order of
Nancy G. Nichols
City Clerk
PRESQUE ISLE CITY COUNCIL
MEETING OF JULY 12, 2010
INFORMATION:
Documentation provided in “Memo” form from City Planner James Francomano.
REQUESTED ACTION: MH RS DG JT CH ES WE
Memo
To: Presque Isle City Council
From: James P. Francomano, City Planner
Cc: James A. Bennett, City Manager
Kenneth C. Arndt, Planning and Development Director
Date: July 7, 2010
Re: Update on Proposed new “Downtown” Retail Business Zone (RBZ-1 & RBZ-2)
STATUS OF MORATORIUM
On May 3, 2010 the City Council adopted a 180 day moratorium on new first floor dwelling units being
created in the downtown area. This ongoing moratorium is scheduled to end in October. The Planning
Board discussions and other public outreach and discussion on proposed changes to downtown zoning
are making progress and have more than proved the City Council’s ongoing moratorium worthwhile.
In order to adopt changes to downtown zoning before the end of the current moratorium the City Council
has two choices:
A) the City Council may chose to extend the moratorium by an additional 90 days, by scheduling a
public hearing in August. The reason for the requested extension is presented below.
B) The City Council may wish to schedule public hearings for August and September on its own,
without the benefit of a completed Planning Board recommendation for new zoning.
BACKGROUND
Last year the Planning Board requested that the Downtown Revitalization Committee (PIDRC) study the
possible negative effects associated with apartment dwellings being created in rental units historically
used for office or retail purposes in the Downtown. Some of the perceived negative effects that the Board
and staff heard complaints about had to do with behavior of certain tenants, who were receiving guests or
otherwise spending private time on the public sidewalks in front of their units.
By all accounts, these situations improve when Police Department patrols are called in. However some
complaints focused on an underlying economic development issue: the long-term effects caused by the
conversion of units suitable for small business into apartments in the first place. Is there a point when the
balance between office, residential and retail will have tipped too far?
An application to make such a conversion at 428 Main St. was reviewed by the Planning Board and ZBA
in February and March 2010, and generated considerable controversy. Also, staff has been advised by a
representative of a new landlords association of members’ interest in making additional conversions of first
floor potential office/retail spaces to residential use.
Comments received back from fellow members of the Maine Association of Planners were unanimous in
support of the idea of carving out an area in the Downtown core and prohibiting first floor dwelling units
facing any public ways in that core area. Communities mentioned as having already adopted this policy
include: Biddeford, Camden, Caribou, Durham NH, Eastport, Topsham, Westbrook.
In response, Planning Board discussion has evolved to the point where two new zones are recommended
instead of one. This solution allows the City to bring the maximum of new development potential into a
tightly drawn downtown core district and while also applying the prohibition on first floor dwelling units
there (in RBZ-1). Surrounding this, if approved, would be a new intermediate zone (i.e., RBZ-2).
This arrangement could be pictured as an egg yolk inside an egg white. If the City Council does not wish
to extend the Moratorium then it may desirable to adopt the stricter requirements of the “egg yolk” or
center area across the entire “egg white” or surrounding area, and to proceed on the basis of upcoming
City Council public hearings without the benefit of a Planning Board recommendation.
The exact performance standards for a possible RBZ-2 (the “egg-white”) have not be worked out
completely yet as shown on the attached table of dimensional standards.
CONCLUSION
In any event the goal is to ensure that there is no gap between the end of the Moratorium and the
opportunity for the Council to adopt new zoning amendment to restrict or prohibit first floor apartments
downtown. Staff recommends continuing the process that is underway, waiting for a complete “two-zone”
solution as is currently being worked on by the Planning Board, and extending the Moratorium.
An extension of up to an additional 180 days is permissible under to M.R.S.A. Title 30-A § 4356. However
staff believes this zoning project is close to complete. Now that the public outreach has taken its course
we are confident that a quality zoning amendment can be presented for the usual Planning Board public
hearing and ultimately for City Council’s two public hearings with only 60 to 90 days added on.
INFORMATION:
Attached is a memo from City Manager along with a copy of a press release.
REQUESTED ACTION: MH RS DG JT CH ES WE
MEMORANDUM
TO: Honorable City Council
FROM: James A. Bennett, City Manager
DATE: July 8, 2010
RE: Request to Allow City Work and Loan/Donation to Nordic Heritage Center
On June 2, 2010, Presque Isle’s Nordic Heritage Center was officially announced as host of one
of the two North American legs of the 2011 Biathlon World Cup events; the other is slated for Fort
Kent. The event was previously awarded to Lake Placid. The event will be held on February 4-6,
2011; the following week, the event will be held in Fort Kent.
Economic Impacts
There is little doubt that there is a tremendous economic impact to the region because of the
announcement. One needs to look no further than the 2004 event held at Fort Kent. Published reports
indicate that event generated an estimated $5.2 million of economic impact in the St. John Valley.
Further, it is estimated that approximately 50 million viewers watched several hours of the 17 hours
which were broadcasted.
In Europe, the competition to be awarded IBU events, such as the World Cup is fierce,
emulating, albeit on a smaller scale, the Olympic Hosting event. Reports from the 2008 IBU Congress
had small communities, such as Ruhpolding, Germany, a community of 8,500, estimated that the event
would have the economic impact of nearly $15 million Euros ($21 million US) based on the previous
four events held over the last decade.
To further elaborate on the size of the event, there must be a continuous supply of power to the
event, including backup capabilities, in part to prevent the 16 to 20 active filming cameras for the
broadcast from ever having the potential of being unable to broadcast. It should be the single biggest
event to occur in our community in many years.
New Stadium Standards
As you are aware, the IBU standards are different today than they were at the time the facility
was created. To be able to host the event, beyond the traditional challenges, there is a very limited
time to make the changes necessary to host the event. The changes are primarily in the area of the
shooting range. The simple change that is required, movement of the facility slightly away from the
grand stand and club house, is not inexpensive. The estimate to do all of the work has been set at
$205,000.
Based on the previously supported City Council vote, I have been actively involved with the
group working on making the improvements. Based on the plan, I am suggesting that the City
involvement consist of three components. They are as follows:
INFORMATION:
REQUESTED ACTION: MH RS DG JT CH ES WE
City of Presque Isle, Maine
The Office of
City Manager
James A. Bennett
Email: jbennett@presqueisleme.us
MEMORANDUM
TO: Honorable City Council
FROM: James A. Bennett, City Manager
DATE: July 8, 2010
RE: Information Regarding the Library Expansion
On Monday evening, you will be asked to take three votes that essentially makes the library
addition and accessibility project a reality. This memo attempts to outline those steps and summarize
the highlights of the project and the process to date.
The three votes are:
a. Authorize project budget and scope: the project involves four principle components: First,
the project will provide an elevator which will greatly enhance the ADA compliance issues.
Second, the building would include a 5,700 square foot addition. Third, the project would
include upgrading fixtures and furnishings in the addition, including 15 new public access
computers. Finally, the project will take a hard look at replacing windows and upgrading the
front of the building to improve energy costs, if the return on the investment is reasonable.
The total project is estimated to be $1,490,000, including a $100,000 contingency. The two
optional items: $165,000 for energy efficiency investments and the $49,930 for
fixtures/furnishings are not included in that number. If included, the project would be
slightly over $1.7 million or $1,704,930. The funding for the project, including all
alternatives would be $240,000 from taxpayers, $165,000 from energy savings (if
obtainable), $1,049,930 from private donations and $250,000 from the Library Trustees.
This is discussed in more detail below. A motion to authorize the project budget and scope is
necessary for the project to proceed.
b. Authorize bid specifications for energy efficiency improvements: the plan is to include as a
bid alternate, the specifications to upgrade all of the windows in the old part of the building
and fix the front outside wall, to improve energy efficiency. The Council would then have
the actual cost to make those improvements in order to judge whether it makes sense to make
the investment. The pre-design estimate is that the cost will be $150,000. The pre-design
estimate on the pay back of that investment is still being calculated. We expect to be able to
share that information on Monday night. In order to prepare the bid documents, it is
estimated that another $15,000 of architect and engineering costs are required. The Council
needs to decide if it would like to invest that $15,000, based on the pre-design estimates. A
motion to authorize that work is desired, should the Council believe that the investment is
worthy.
c. Authorize the City Manager to sign the Escrow Agreement: since the last meeting, I have
been working with the major donor’s (Mary Smith) agent to work through the terms of an
Escrow Agreement that would protect the two parties. Included in the package is a draft of
The library provides expert assistance and access to specialized electronic and print
resources with a broad subject area to our community members. Information is offered
in many formats including print materials, multimedia, electronic, archives, microfilm,
and in several languages to reflect cultural diversity. We serve all ages and socio-
economic circumstances of persons in the community and demonstrate a respect for
tradition while embracing the future. With approximately 58,000 materials to loan,
remote access to our electronic resources, over 66,000 downloadable books, and
personal help with trained, helpful staff, we meet the informational, recreational,
literary, and cultural needs of our community as indicated in our Vision and Mission
Statement.
The library also provides online, in person, and real-time text reference and referral
services and collaborates with several area organizations to magnify our value to the
community and share resources. We are in a continuous transformation process to be
more efficient, respond to the needs of our community, and assess our activities to
remain relevant. Outreach is another important service response and examples of this
include job fairs, parades, technology fairs, health fairs, classroom visits during the
school year and public speaking engagements.
1. After several months of Building Committee review and discussion, the Project was
scaled down from the needed 6,900 sq ft to more affordable compromise at 5,700 sq ft.
The expansion of the building provides a service response that allows more people to
attend cultural, artistic, and literary events.
2. Several different scenarios were researched including adding an elevator in the existing
building. It is nearly double the cost of an exterior elevator and it sacrifices building
space which is already inadequate to meet Life Safety Codes and ADA compliance.
3. Building experts report competition for contracts is high and competitive pricing likely.
4. In four years, the cost of building materials and labor has increased 22%. The cost of a
completed building of 5,700 sq ft in August 2006 was estimated at $1,167,000. The cost
of the same building four years later is $1,490,000.
5. Approximately 83% of the project is funded by donations and Library Board of Trustees.
6. The library is not fully accessible by those who have mobility issues. Rehabilitating
current facility, installing a passenger elevator, and increasing space capacity helps us
address and solve the ADA Compliance issues that exist.
7. In 2009, 54,991 persons walked into the library to use our information, cultural, and
recreation services.
8. Our computers or wireless internet connection was used an estimated 37, 353 times. At
peak times, there is a waiting list and wait time to use our computer terminals.
Electronic databases and ebooks are increasingly important but printed matter remains
in high demand. 42,990 items were checked out of our library in 2009.
9. Over 4,500 persons attended programs at the library in 2009 while the building capacity
at any given time is approximately 150 persons.
10. Rehabilitating current HVAC systems will allow for smarter energy use and make the
library eligible for refunds by Efficiency Maine for upgrades.
Sheet1
Miscellaneous
Outdoor Ash/Trash Receptacle $980
Loose Furnishings $1,000
Contingency $2,500
Total $4,480
Public Computers
New/Replacement Computers 15 x $750 $11,250
Total $11,250
Page 1
Emily & Mark Turner Library in Presque Isle, Maine
Proposed Addition and ADA Compliance Project
Expenses Revenues
Building & Site
Building Addition (est at $157 per sq ft) $895,000 Library Trustees $250,000
Elevator $70,000 Mary Smith Donation $1,000,000
Sprinkler System $75,000 City ref ADA $240,000
Ventilation System $80,000 City ref Energy $165,000
Tie In & Require Renovations to Exising Bldg $105,000 Subtotal $1,655,000
Site work $40,000
Subtotal $1,265,000 Additional Fund Raising $49,930
Reserve
Continguency $100,000
Subtotal $100,000
7/8/2010
DONATION AND ESCROW CONTRACT
Whereas, the City is desirous of expanding and improving its Library (the Project) the
“Mark and Emily Turner Memorial Library”, (the Library); and
Whereas, the Donor is willing to donate to the City the sum of $1,000,000.00 to assist in
the funding of the Project upon the terms set forth in this contract; and
Whereas, upon the execution of this contract, the Donor is willing to deliver the
Donation into escrow in Presque Isle, Maine prior to the start of construction.
Now Therefore, in consideration of the mutual promises contained herein the parties
contract as follows:
1. Upon his acceptance, Richard C. Engels Esq. shall act as Escrow Agent under
this contract. It is acknowledged that he is the attorney for the Donor, but he is authorized to
perform his duties as Escrow Agent in accordance with the terms of this contract
notwithstanding his duty to the Donor.
2. The Donor shall deliver the Donation to the Escrow Agent to be held according to
this Contract. During the escrow, the donation shall be held in an interest bearing account in
KeyBank, N.A., in Presque Isle, Maine or such other Presque Isle, Maine bank as the parties
may agree. At the end of the escrow interest earned shall be paid to the party receiving the
remainder of the escrow. During the escrow, for tax purposes, the escrow account shall be
held in the name of the City, but the City agrees that its rights in this account are subject to this
Contract and that only the Escrow Agent shall have authority to make withdrawals or
investment decisions, as to the type of bank account.
3. The Donor shall be consulted with during the preparation of the final plans,
specifications and cost projections for the Project and shall have the right to review and along
with the City approve them. Her review and approval of the final plans, specifications and
projected costs shall be done in a reasonable manner. Construction shall not commence until
full funding of the project has been secured.
4. The Donor shall be informed of any changes to the Project during construction,
shall be consulted about any change that would result in a material change to the project or
increase its cost, and shall have the right along with the City to approve such a material
change. Her approval of a material change shall be done in a reasonable manner.
5. Subject to the other provisions of this Contract, after final acceptance of the
Donation by the City, and the expenditure by the City of the difference between the projected
cost of the Project and the Donation, the Escrow Agent shall start to disburse the Donation.
The City shall provide to the Donor and the Escrow Agent reasonable verification of the
required City expenditure. Disbursement to the City shall be made on the presentment to the
Escrow Agent of invoices for amounts due on the Project less any agreed upon hold back from
the contractor. Upon presentation of an invoice the Escrow Agent may make disbursement to
the City without the need to inquire further as to the validity of the requested payment or the
necessity of verification of the proper application of the disbursed funds by the City. This
Contract and the Escrow Agent’s duties shall terminate upon final disbursement of the
Donation and accounting by the Escrow Agent.
6. If the entire Donation is not needed for the construction of the Project, then the
Escrow Agent shall disburse the remainder of the Donation for such Library purposes as are
determined jointly by the Donor and the Library’s Trustees. Upon full disbursement of the
Donation, the City shall be responsible for the payment of any additional sums, including cost
overruns, necessary to complete the Project.
7. The City agrees that it will pursue the completion of the Project in good faith.
The Donation or the remainder thereof shall be returned to the Donor if construction is not
commenced by June 30, 2011 and substantially completed by __________ or if the Project is
abandoned by the City. The times set forth above can be modified as a result of conditions
and events beyond the control of the City, such as war, fire, strikes, etc.
8. Upon completion of the project, suitable recognition shall be given to the Donor
and her family in a form to be agreed upon prior to the start of construction by the Donor and
the Library.
9. The Escrow Agent shall provide to the parties copies of bank statements
received by him in a timely manner, and upon termination of the escrow or earlier upon written
request, provide the parties an accounting of the escrow.
10. Upon being notified in writing by either the Donor or the City that there is a
dispute between them, the Escrow Agent shall cease disbursal of the donation until he is
notified in writing by both parties to resume disbursements. or being so ordered as a result of
an arbitrary proceeding.
11. The Escrow Agent is hereby exonerated from liability for breach of duty except for
any breach committed dishonestly, with improper motive, or with reckless indifference to the
purposes of this Contract. The parties, jointly and severally, agree to reimburse Escrow Agent
for any expenses, including attorney fees, that escrow agent incurs as a result of any legal
proceedings other than criminal proceedings affecting this escrow agreement or the
performance of Escrow Agent’s duties.
12. For the services contemplated in this agreement, Escrow Agent shall be paid
jointly by the parties at his normal rate for legal services, currently $175.00 per hour, plus
expenses.
13. The Escrow Agent may resign upon 30 days written notice to the parties and the
bank where the escrow is kept. The parties may remove and replace the Escrow Agent,
without cause, by written notification to the Escrow Agent signed by both parties. If the
Escrow Agent is replaced then a successor escrow agent shall be designated in writing jointly
by the parties, and the designation shall be delivered to the replaced Escrow Agent and to the
bank where the escrow is kept. Upon notification of a successor Escrow Agent, the escrow
agent shall deliver his records about the management of the escrow to that person designated
by the parties.
14. Each party agrees that in the performance of its obligations under this Contract it
shall act with good faith, fair dealing, and with commercial reasonableness.
15. This Contract may not be assigned or transferred by either party directly or
indirectly without the written consent of the other.
16. In the event of a dispute between the parties, they shall first attempt to settle the
dispute informally between themselves. If an informal resolution cannot be arrived at, then either
party in writing may request mediation. The parties shall engage a mediator acceptable to both of
them and attempt in good faith to mediate the dispute. If mediation is not successful in resolving
the dispute, then either party may demand the dispute be arbitrated. Arbitration shall be
commenced by written demand of either party to arbitrate. The parties may agree upon the
arbitrator and the procedures governing arbitration. If no agreement can be reached, then the
arbitrator and the procedures to be used shall be governed by the rules established by the Maine
Uniform Arbitration Act. The determination resulting from the arbitration shall be binding upon
both parties. Either party may apply to an applicable court of law to have a judgment entered
upon an arbitration award. The cost of mediation and arbitration shall be shared equally by the
parties. Mediation and the arbitration shall be the exclusive remedy of the parties to resolve
disputes or claims between them arising out of this Contract or its performance.
17. The laws of the State of Maine shall govern this Contract. Any legal action
concerning this Contract of its performance shall be brought in the Superior Court of the State of
Maine with venue in Aroostook County, Maine. If a court should find any provision of this
Contract void or not enforceable, the remainder of this Contract shall remain in full force and
effect.
18. The failure of either party to enforce any right or remedy, which the party may have
under this Contract because of a breach or default by the other party, shall not be considered to
be a waiver of the right of a party in the future to enforce their rights or remedies upon
subsequent or continued breach or default by the other party.
19. This Contract constitutes the entire understanding of the parties about its subject
matter. It supersedes any and all prior negotiations and agreements between them. This
Contract shall be binding upon and inure to the benefit of the successors, assigns, conservators,
personal representatives, heirs, and devisees of the parties. This Contract may only be modified
by a written amendment signed by all parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this Contract to be
effective the date and year first above written.
_____________________________ _________________________
WITNESS Mary Smith - Donor
Richard C. Engels Esq. hereby accepts the duties of Escrow Agent as provided for in this
Contract.
_______________________
Richard C. Engels
PRESQUE ISLE CITY COUNCIL
MEETING OF JULY 12, 2010
INFORMATION:
Attached is a copy of the agreement for the Brownfields Cleanup Grant program along with a
memo from Solid Waste Director Dana Fowler regarding the Webber Oil Company property site
clean-up cost estimates.
REQUESTED ACTION: MH RS DG JT CH ES WE
REVIEW OF SIGNIFCANT DATA: A meeting was held with Larry Clark of the
Presque Isle Industrial Council and Gerry James of the Public Works Department to
gather background information on the project. Larry provided information about the
project to include a preliminary cost estimate that he and Gerry had calculated earlier.
This cost estimate was updated and is provided as an attached page to this memo.
Use extreme caution when using the attached cost estimate because it is only a
“guesstimate”. An accurate cost estimate can only be done when the Phase II Site
Assessment has been completed. The Phase II assessment will provide a work plan and
quantities that can be used for estimating costs. Once the on-site assessment is done, the
Phase II report will take 3-4 months to complete. A Phase I assessment was done in 2008
for the DEP by Summit Environmental. Phase I assessments is in the process of being
updated because assessments must be less than 1-year old to be considered reliable.
The cost estimate was based on an estimate of 2,000 tons of contaminated soil that was
provided in January 2009 correspondence by the DEP. The 2,000 tons equates to 1,500
cubic yards (cy) assuming a unit weight of 2,800 lbs/cy. Note that Davis Bacon wages
will be in effect for this project. The cost estimate was done on the premise that a private
contractor would perform the work in 2010.
SUMMARY: The total estimated cost of the clean-up is $216,975. This includes a 25%
contingency. Twenty percent of the total equals $43,395 which must be provided as a
local match. It is possible to provide the 20% match with in-kind services by the City.
These in-kind services include: (1) trucks for hauling excavated material, (2) trucks for
hauling backfill, (3) trucks for hauling loam, (4) gravel backfill material, and (5) a portion
of the landfill tipping fees.
To reach the 20% match amount of $43,395, one could use a portion of the landfill
tipping fees or a combination of some or all of the listed items (1) – (5) above to reach the
match amount. Keep in mind that this cost estimate is based on an assumption in the
2008 Phase I site assessment and a Phase II Site Assessment is required for a more
accurate cost estimate.
Page 2 7/8/2010
Jim Bennett memo
EXCAVATION
Trucks 5 40 Hours $ 80/Hour $16,000
Excavator 1 40 Hours $ 150/Hour $ 6,000
Subtotal for Excavation $ 22,000
BACKFILL
Trucks 5 40 Hour $ 80/Hour $16,000
Dozer 1 40 Hour $ 80/Hour $ 3,200
Roller 4 Days $ 500/Day $ 2,000
Gravel 1800 Cubic Yards $ 10/Cubic Yard $18,000
Subtotal for Backfill $ 39,200
LOAM
Loam 185 Cubic Yards $ 35/Cubic Yard $ 6,475
Subtotal for Loam $ 6,475
LANDFILL TIPPING FEE
Tipping Fee 2000 Tons $40/Ton $80,000
Subtotal for Landfill Tipping $ 80,000
CONSULTANT
Labor 100 Hour $125/Hour $12,500
Expenses 1 Lump Sum $ 2,500
Subtotal for Consultant $ 15,000
SECURITY FENCE
Fence 600 Linear Feet $10/LF $ 6,000
Subtotal for Security Fence $ 6,000
EROSION CONTROL
1 Lump Sum $ 2,500
Subtotal for Erosion Control $ 2,500
TRAFFIC CONTROL
Flagger 1 80 Hours $30/Hour $ 2,400
Subtotal for Traffic Control $ 2,400
Subtotal $173,575
CONTINGENCY
1 Lump Sum 25% $43,400
Subtotal for Contingency $ 43,400
TOTAL $216,975
PRESQUE ISLE CITY COUNCIL
MEETING OF JULY 12, 2010
INFORMATION:
7. Ballot for MMA 2010 – 2012 to Elect Member to Legislative Policy Committee
8. Approve City Council minutes for the June 7, 2010 meeting
9. Approve Warrants #21 -25 totaling $1,991,749.89
10. Approve closing City Offices, which are able, at 3:00 p.m. on Wednesday, July 21st to attend
the City’s Annual Wellness Picnic
11. Approve establishing a profit-sharing retirement plan in the form of the ICMA Retirement
Corporation Governmental Profit Sharing Plan & Trust
REQUESTED ACTION: MH RS DG JT CH ES WE
* Ballot for MMA 2010 – 2012 to Elect Member to Legislative Policy Committee
* Approve City Council minutes for the June 7, 2010 meeting
* Approve Warrants #21 -25 totaling $1,991,749.89
* Approve closing City Offices, which are able, at 3:00 p.m. on Wednesday, July 21st to attend
the City’s Annual Wellness Picnic
*Approve establishing a profit-sharing retirement plan in the form of the ICMA Retirement
Corporation Governmental Profit Sharing Plan & Trust
Presque Isle City Council
Minutes
Present: Chairperson Jennifer Trombley, Councilors Mel Hovey, Randy Smith, Donald Gardner, Calvin
Hall, Emily Smith and Walter Elish
City Manager James A. Bennett and City Clerk Nancy G. Nichols present.
Pledge of Allegiance
Public Hearings
1. Approve Special Amusement Permit Applications for James Stacey, d/b/a The Crow’s Nest
Restaurant and Event Center LLC, 150 Maysville Street, Presque Isle; KBS Enterprises, d/b/a
Presque Isle Inn and Convention Center, 116 Main Street, Presque Isle; and Hampton Inn Presque
Isle, 768 Main Street, Presque Isle (Single Hearing)
Be it resolved by Councilor Hall, seconded by Councilor Gardner, to approve Special Amusement Permit
Applications for James Stacey, d/b/a The Crow’s Nest Restaurant and Event Center LLC, 150 Maysville
Street, Presque Isle; KBS Enterprises, d/b/a Presque Isle Inn and Convention Center, 116 Main Street,
Presque Isle; and Hampton Inn Presque Isle, 768 Main Street, Presque Isle. Vote – 7-0
2. Approve Malt, Spirituous and Vinous Liquor License applications for Xin Chen, d/b/a My Tai
Inc., 449 Main Street, Presque Isle; and James Stacey, d/b/a The Crow’s Nest Restaurant and Event
Center LLC, 150 Maysville Street (Single Hearing)
Be it resolved by Councilor Elish, seconded by Councilor Gardner, to approve the Malt, Spirituous and
Vinous Liquor License applications for Xin Chen, d/b/a My Tai Inc., 449 Main Street, Presque Isle; and
James Stacey, d/b/a The Crow’s Nest Restaurant and Event Center LLC, 150 Maysville Street.
Vote – 7-0
Citizen Comments
Geary Bonville, resident at 240 Chapman Road, referenced his selling and hauling of clay (5,000 yards) to
cover the landfill. Mr. Bonville stated that the City has been paying a Canadian company to haul off
scrap metal and would like to have the opportunity to take over the contract. This would assist him to
complete developing his mobile home park in order to make it profitable so he may pay his taxes.
2 – City Council Meeting Minutes – June 7, 2010
Old Business
Be it resolved by Councilor Elish, seconded by Councilor Gardner, that the City Council approve the
lease agreement with two amendments 1) concerning the sublease and 2) the language regarding the two
current users which should not pay any rent. Vote – 4-3 Opposed Councilors Hovey, Emily Smith
and Hall
Per the request of the City Council, City Manager Bennett provided an estimate of approximately $4,000
to replace the “Welcome” sign located at the northern end of the City. Consensus of the City Council
supported seeking donations, with a possible City match (one third of the cost), in order to get this project
accomplished.
Be it resolved by Councilor Hovey, seconded by Councilor Elish, to authorize “Request for Bids” for the
section of Canterbury Street as proposed by the City Manager. Vote – 7-0
City Manager Bennett provided an update regarding the contractual work in road striping and crosswalks.
Staff will request a bid alternative to include that the crosswalks across Main Street be done first.
Police Chief Naldo Gagnon provided an update regarding Horse Manure Ordinances. Chief Gagnon
indicated that only one community (Houlton) in the State of Maine has such an ordinance, which refers
only to parades. Chief Gagnon indicated that it would be very difficult to enforce and would have to be
complaint driven in order to act.
Consent Agenda
Be it resolved by Councilor Hall, seconded by Councilor Gardner, to approve the consent agenda items
with #11 being removed from the list. Vote – 7-0
New Business
Jacqueline Goodine, resident at 15 Third Street Apt. G, requested support from the City Council in
establishing a Dog Park by allowing the use of a City-owned parcel of land for this use. Ms Goodine
indicated there were several volunteers ready to pursue this project.
City Manager Bennett suggested that City Councilors review potential sites and proposed plan regarding
establishing a dog park. Consensus of the City Council was to have staff research establishing a dog park
and to report back to them with options.
13. Approve PIDF loan for James Stacey, d/b/a The Crow’s Nest and Event Center LLC
Be it resolved by Councilor Hall, seconded by Councilor Elish, to approve a Presque Isle Development
Fund loan from the Presque Isle Development Fund to James A. Stacey, d/b/a Crow’s Nest Restaurant
and Events Center, LLC in the amount of Two Hundred Thousand Dollars ($200,000.00), for a period of
six (6) years at an interest rate of two and a quarter percent (2.25%) per annum. Payments of interest only
for initial two (2) years and principal and interest payments for the remainder of the loan. Vote – 7-0
14. Approve easement prepared by the Presque Isle Sewer District for Dyer Street to Parsons St.
Be it resolved by Councilor Emily Smith, seconded by Councilor Randy Smith, to approve the proposed
sewer easement for Dyer Street to Parsons Street. Vote – 7-0
Be it resolve by Councilor Hovey, seconded by Councilor Randy Smith, to authorize the City Manager to
enter into a purchase sale agreement with Aroostook County Action Program for the sale of the former
Gouldville School located at 44 Park Street at a purchase price of $165,000.00. Vote – 7-0
Be it resolved by Councilor Hovey to apply the $154,600 against the items that are not in the City’s
budget that are being used to purchase the Chapman Street facilities. Resolved died due to the lack of a
second.
17. Authorize City Manager to work with Nordic Heritage Center to upgrade their facility
Be it resolved by Councilor Hall, seconded by Councilor Gardner, to authorize the City Manager to work
with various groups to develop a strategy to accomplish the upgrades with minimal City involvement.
Vote – 7-0
18. Approve contract with Maine Public Utilities Commission for Energy Efficiency and
Conservation Block Grant
Be it resolved by Councilor Randy Smith, seconded by Councilor Emily Smith, to approve the American
Recovery and Reinvestment Act agreement between the State of Maine, Public Utilities Commission and
the City of Presque Isle. Vote – 7-0
4 – City Council Meeting Minutes – June 7, 2010
Be it resolved by Councilor Hovey, seconded by Councilor Randy Smith, that the City Council authorize
the Chairperson of the City Council and the City Treasurer enter into an agreement with Key Bank that
extends the maturity date of the City’s Bond Anticipation Note from August 20, 2010 to December 31,
2010 and reduces the interest rate from 4.12% to 3.99%. Vote – 7-0
Be it resolved by Councilor Gardner, seconded by Councilor Hall, that the City of Presque Isle convey
a certain parcel of land situated on Main Street to Haines Manufacturing Co., Inc. as outlined in an
agreement between Haines Manufacturing Co., Inc. and the City of Presque Isle dated March 8, 2008
for the sum of $20,000 and the City Manager be authorized to sign the Municipal Quitclaim Deed.
Vote – 7-0
21. Request to authorize the construction of a new parking lot at Peace Park
Be it resolved by Councilor Gardner, seconded by Councilor Elish, to approve utilizing the funds
returned to the City from Haines Manufacturing Company, Inc. to purchase materials to construct a
parking area at Peace Park not to exceed $5,000. Vote – 7-0
Be it resolved by Councilor Gardner, seconded by Councilor Hall, that the City Council accept the
private donation graciously offered to the City in the amount of $1,000,000 for the Proposed Expansion
Project of the library to improve accessibility and expand the library building conditional upon the City
Manager coming back to the City Council for final approval of the Building and Funding Plan.
Vote – 6-1 Councilor Hovey Opposed
Be it resolved by Councilor Gardner, seconded by Councilor Emily Smith, to authorize Phase I of the
City’s technology upgrade. Vote – 7-0
Manager’s Report
Be it resolved by Councilor Hovey, seconded by Councilor Randy Smith, that the City Council approve
the purchase of a 2010 John Deere XUV 620i from Theriault Equipment of Presque Isle for $9,438.93
with funds from the Solid Waste Department reserve account. Vote – 7-0
Councilor Hovey indicated that he would not be able to sign the payroll warrant for several weeks as he
would not be available for the rest of the summer. Councilor Randy Smith volunteered to sign the payroll
warrant until Councilor Hovey resumes signing.
5 – City Council Meeting Minutes – June 7, 2010
Manager Bennett stated that by replacing the Centrex System, the City will be saving approximately $900
per year; Councilor Emily Smith will be available to accept the Barbara Bush $25,000 grant on behalf of
the City; the CDBG downtown project is underway; on June 10th the Special Olympics will be held in
Presque Isle; Public Works’ sand bid is anticipated to be $40,000 less; paving projects are ahead of
schedule; the Indoor Pool’s slide has proven to be a positive change; and Payroll has been transferred
back “In-house”.
Be it resolved by Councilor Gardner, seconded by Councilor Randy Smith, to approve the Manager’s
report as presented. Vote – 7-0
Announcements
Adjournment
Be it resolved by Councilor Gardner, seconded by Councilor Hall, to adjourn the meeting at 8:12 p.m.
Vote – 7-0
Attest:
Nancy G. Nichols, City Clerk
2010 WARRANTS
TOTAL $1,991,749.89
PRESQUE ISLE CITY COUNCIL
MEETING OF JULY 12, 2010
INFORMATION:
Copy of a letter of interest is attached. Councilors Hall and Gardner conducted an interview prior
to the meeting. Recommendation will be made by one of the Councilors.
REQUESTED ACTION: MH RS DG JT CH ES WE
INFORMATION:
Copy of memo from Treasurer Priscilla Webb attached.
REQUESTED ACTION: MH RS DG JT CH ES WE
INFORMATION:
Copy of memo from Treasurer Priscilla Webb attached.
REQUESTED ACTION: MH RS DG JT CH ES WE
Historically, the City has maintained a balance in Surplus equal to 2 months (18%) of budgeted exependitures.
In July 2009, the City adopted a Policy stating that this amount can be reduced to 12% if the balance in the
Emergency Reserve is a minimum of 4% of budgeted expenditures.
Less: Lien Release from Maine, Montreal, & Atlantic Railway (20,000)
INFORMATION:
Forecast provided by Treasurer Priscilla Webb.
REQUESTED ACTION: MH RS DG JT CH ES WE
No action required.
MEMO
In updating this forecast I left expenses at an increase of 2-3%/year including Salaries. For reference
a 3% pay increase equates to an increase of approximately $200 thousand in Salaries and Benefits.
For Revenue, the $150 thousand decrease in 2011 from 2010 Budget is due to anticipated decreases
in Revenue Sharing. After 2011, Revenue increases 2-3% year.
It’s pretty obvious that if both Expenses and Revenue increase at approximately the same rate, since
our current revenues are less than half of our expenditures, the City’s net spending budget will
increase each year—even if nothing new is added.
For 2011:
Significant items that cause the $1 million increase in the City’s budget include in addition to the 3%
increase in expenses indicated above:
o $150 thousand decrease in Revenue—Revenue Sharing;
o Increase in rate charged by Maine State Retirement -- $105 thousand increase;
o Solid Waste Landfill Bond Closes in fall of 2010; adds $372 thousand to debt service;
will be offset by Tip Fees currently going to Closure Reserve ($200 thousand) for a net
of $172 thousand—City’s share @ 80% is $140 thousand;
o Capital Reserves—following the 5 year plan, an increase of $200 thousand in 2011;
o Debt Service—assume financing for the purchase of the Chapman Road properties
($175 thousand) and the Library Addition ($240 thousand), -- 8 years @4% is an
increase of $63 thousand/year in Debt Service.
I used the 2010 Tax Commitment Scenario where the valuations were increased and the mil rate
decreased to 23.5 mils. The actual mil rate doesn’t really matter, what does matter is the dollar
amount of taxes that need to be raised each year to cover the budget—using the current scenario
that would be an increase of $1,214,831 in 2011--$180 thousand is attributable to the 3% increase in
the School and County Budgets.
CITY NET APPROPRIATION 5,699,538 6,194,825 7,211,513 7,490,912 7,675,366 7,954,651 8,216,197
TAX CALCULATION
Valuation 473,076,800 514,670,350 519,670,350 524,670,350 532,170,350 542,170,350 552,170,350
Change in Property Taxes 1,039,171 299,828 1,214,831 482,887 393,446 493,947 482,048
Change In Mil Rate 0.0013710 (0.0010210) 0.0018500 0.0006500 0.0003600 0.0003900 0.0003700
7/8/2010 PLW
PRESQUE ISLE CITY COUNCIL
MEETING OF JULY 12, 2010
Approve Purchase of 1998 Mack Truck from Muller Welding of Indianapolis, Indiana for
an amount not to exceed $44,500.
INFORMATION:
Attached is a memo from Solid Waste Director Dana Fowler.
REQUESTED ACTION: MH RS DG JT CH ES WE
Be it resolved by Councilor , seconded by Councilor, that the City Council authorize the City
Manager to purchase a used truck from Muller Welding of Indianapolis for $44,500. In the event
this purchase is not successful, the City Manager may purchase a similar truck from an alternate
source.
MEMORANDUM
1. The Department currently owns a 1986 International truck with a grapple and 40 cy
dump body, which will not pass motor vehicle inspection. The Department carried
$60,000 in its 2010 CIP for a replacement truck. We worked with a local truck dealer
to find a used truck similar to what we currently have. He did a search of what was
available through his resources and was not able to find a replacement.
2. I had seen an ad for a grapple/dump truck in a publication and contacted the owner,
Muller Welding in Indianapolis, Indiana. Muller provided photos and information.
The local truck dealer knew a truck sales manager in Indianapolis, who inspected the
truck for us and forwarded photos. He stated that he found the truck to be in very
good condition and felt the price of $41,000 was fair.
3. Follow-up emails have been sent between Muller and myself about details of the
purchase. Muller is willing to deliver the truck for $3,500 which is a very good price
according to the local truck dealer. The purchase price for the 1998 Mack with 50 cy
dump and 35 ft Atlas loader/grapple is $41,000.
4. I have contacted the City Solicitor regarding the use of an escrow agent to hold the
final payment until delivery and passing motor vehicle inspection. The final
purchase/sale agreement will utilize the City Solicitor to ensure that there is clear title
and to protect the City while the truck is in transit by having Muller retain title until
delivery.
RECOMMENDATION
Motion by _____________________ and seconded by _______________________
Be it resolved, that the City Council authorize the City Manager to purchase a used truck
from Muller Welding of Indianapolis for $44,500. In the event this purchase is not
successful, the City Manager may purchase a similar truck from an alternate source.
PRESQUE ISLE CITY COUNCIL
MEETING OF JULY 12, 2010
INFORMATION:
Attached documents include: Memo from City Manager recommending policy changes, copies of
the proposed changes and a memo from City Solicitor.
REQUESTED ACTION: MH RS DG JT CH ES WE
A suggested guideline for daily meal expenses is $25.00 0$35.00, including tips shall follow the
current rate of the GSA per diem allowance to include tips. Employees may elect to receive the
per diem rate with prior approval of the City Manager. However, the City Manager shall review
travel expenses that exceed the guidelines and at his/her discretion may make exceptions based
on each situation warranted. Otherwise,
The City Manager shall be entitled to reimbursement for all reasonable expenses, including
travel and meals, incurred by the City Manager in the performance of his duties. The City
Manager will maintain records and written receipts as required by the City's policy or the City
Manager may accept the GSA per diem allowance rate in lieu of a direct cost reimbursement.
No reimbursement shall be issued without a proper receipt.
Personnel Rules and Regulations
The employee may appeal a suspension/discharge to the City Manager within ten (10) working days of
notice of suspension/discharge. After reviewing all facts and evidence, the City Manager will put in
writing his/her final decision. Should the City Manager find in favor of the suspended/discharged
employee, he/she may reinstate a suspended/discharged employee at any time and may authorize back
pay. The City Manager’s decision shall be final.
The employee may appeal a discharge to the City Council within fifteen (15) working days of the notice
of discharge.
After reviewing all facts and evidence the City Council will put in writing their final decision. Should the
City Council find in favor of the discharged employee, they may reinstate a discharged employee and
may authorize back pay.
City of Presque Isle, Maine
The Office of
City Manager
James A. Bennett
Email: jbennett@presqueisleme.us
MEMORANDUM
TO: Honorable City Council
FROM: James A. Bennett, City Manager
DATE: July 8, 2010
RE: Personnel Policy Changes
On Monday evening, you are being requested to endorse two changes to the personnel policy.
They are listed separately on the agenda since they are independent actions.
Per Diem Meal Change (section 9.2.1): Included in the package is a complete copy of section 9.2.1
with the suggested changes in strikeout format (addition in underline and deletions in
strikeout). The changes are three fold. First, it removes the old dollar amount in the policy as
the standard and applies the applicable IRS rate. Second, it allows an employee, with prior
approval of the City Manager to receive the per diem rate. Finally, it clarifies that the City
Manager can receive the per diem rate for his/her travel. Passage is supported.
Appeal Process (section 7.2.9): Included in the package are the suggested changes to the policy in
strikeout format as well as an email from the City Attorney endorsing the changes. The policy
is removing the ability of an employee to appeal personnel decisions to the City Council, which
is inconsistent with the Charter. Passage is supported.
INFORMATION:
Copy of the Management Letter submitted from Runyon, Kersteen, Ouellette is attached along with
a memo of response from Treasurer Priscilla Webb.
REQUESTED ACTION: MH RS DG JT CH ES WE
Please accept the following responses from the Management of the City of Presque Isle to the
comments made by the auditors of Runyon, Kersteen and Ouellette in conjunction with the 2009
audit of the City’s financial statements.
Normally Employee Reimbursements do require approval by both the Department Head and City
Manager or Treasurer on the Travel Expense Log (Exhibit A). The Treasurer verifies all receipts
and cross-references them back to the itemization on the Log.
The exception has been mileage reimbursements for local travel. The Travel Expense Log
covers one week, was meant for training, seminars, etc., and does not lend itself to reimbursing
for a series of dates and miles. Therefore we had allowed employees to submit a list showing
dates, miles driven, destination, and purpose along with a Purchase Order with Department Head
approval for reimbursement—the Treasurer checked the PO off when the check was signed but
didn’t actually sign off on the PO or the Log.
In order to simplify the process but keep the required documentation, we’ve added a second
Travel Expense Reimbursement Log (Exhibit B) meant primarily for local travel.
The second item cited was one where the Log was attached and the cross-referencing was done,
the missing authorization was an oversight.
All Employee Expense Reimbursements will require the attached of either Exhibit A or Exhibit
B and be authorized by the Department Head and City Manager or Treasurer.
The payroll function was in a state of transition when the audit occurred. Documentation was in
disarray. The City now has a full-time payroll clerk and the situation is now under control.
All pay rate changes are documented using the Employee Pay Rate Change Form (Exhibit C)
and are approved by the Resources Director and the City Manager.
Registration -
Lodging -
Rental Car -
Tolls -
Gas -
Breakfast -
Lunch -
Dinner -
Miscellaneous
Explain on Back -
Total: $0.00
Less: Advance:
Credit Card: Balance Due
Direct Billing: Employee: $ -
I certify that the above is a true statement of expenses incurred for which I ask reimbursement. I further
certify that no alcoholic beverages are included in the costs that are being reimbursed and that no other
reimbursement from other sources will be received.
Name Department
Less: Advance:
Credit Card: Balance due
Direct Billing: Employee
I Certify that the above is a true statement of expenses incurred for which I ask reimbursement. I further
certify that no alchohoic bevereges are included in the costs that are being reimbursed and that no
other reimbursement from other sources will be received.
Approved By:
(Finance Director or City Manager)
Effective Date:______________________
CHANGE CODES