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05/10/2005 Special Meeting
REPORT OF THE SPECIAL MEETING OF THE GORHAM TOWN COUNCIL
MAY 10, 2005
Chairman Loveitt opened the meeting at 7:04 pm with the Pledge of Allegiance to the Flag.

Roll Call:  Present:  Chairman Loveitt; Councilors Dugas, Justice, Willett, Phinney, Robinson, and Hamblen; the Town Manager and the Town Clerk.  

The meeting recessed for a public hearing on the 2005-2006 Fiscal year Budget.  Five citizens spoke in favor of the proposed school budget.  One citizen spoke in favor of the budget in general and indicated that the budget is responsibly assembled.  A representative of Peoples Regional Opportunity Program (PROP) asked for a $10,000 allocation to support PROP and the services they provide for the residents of Gorham.

Moved by Councilor Phinney seconded by Councilor Willett and VOTED to waive the clerk reading the prepared order.  6 yeas.

Item # 7118     The order, as presented, was moved by Councilor Justice and seconded by Councilor Dugas.

Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to amend the proposed order by adding the following paragraph:  

BE IT FURTHER ORDERED that the Gorham Town Council vote to adopt the Capital Budget Part II in the amount of $308,071.00 to be funded from the town’s undesignated fund balance.  7 yeas.

Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to amend the proposed order to move $308,071.00 from the State Road Project fund to the Road Project account.  7 yeas.

Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to amend the proposed order to reallocate $377,653.00 from the Capital Equipment Reserve Fund’s State Road Projects account to the Capital Reserve Fund’s Land Acquisition account.  5 yeas 2 nays (Willett & Justice).

Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to amend the proposed order  to reallocate $95,000 from the Capital Equipment Reserve Fund’s Land Acquisition account to the General Fund Operations account to fund a Town Engineer and that fees recovered from developers for the Town Engineer’s time be deposited back into the Land Acquisition account.  7 yeas.

Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to amend the proposed order to have the proceeds from the sale of the Belanger house deposited to the Land Acquisition account. 7 yeas.

Moved by Councilor Justice, seconded by Councilor Phinney and VOTED to amend the proposed order to reallocate $125,000 from the Capital Equipment Reserve Fund’s Land Acquisition account to the General Fund Capital Equipment account to purchase one truck and lease/purchase one truck for Public Works instead of lease/purchase both trucks.  6 yeas, 1 nay (Phinney).

Moved by Councilor Robinson, seconded by Councilor Phinney and VOTED to amend the proposed order by mandating that any year end surplus in the school department budget be returned to the school’s Fund Balance account and not used to make Capital/Equipment/Project expenditures.  1 yea, 6 nays (Dugas, Justice, Willett, Loveitt, Phinney, and Hamblen).

Moved by Councilor Phinney, seconded by Councilor Justice and ORDERED that the Town Council vote to adopt the 2005-2006 Fiscal Year Budget as follows;


General Government
$999,324
Public Safety
$2,726,230
Public Works/Solid Waste/Engineering & Insp Services
$2,135,468
Health & Welfare and Social Service Agencies
$68,293
Recreation/Community Center/Cable
$386,987
Libraries and Museum
$409,843
Planning and Development
$250,212
Debt & Interest
$1,020,107
Capital Items
$563,565
Insurance
$1,714,295
Other Town Services and Unclassified
$157,966
Education
$26,116,451
Cumberland County Property Tax
$677,471

BE IT FURTHER ORDERED that the Gorham Town Council will appropriate $21,695,215 for the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and that the Town of Gorham raise $7,742,098 as the municipality’s contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes, Title 20-A, section 15688.

Explanation:  The Town’s contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act is the amount of money determined by state law to be the minimum amount that the Town must raise in order to receive the full amount of state dollars.

BE IT FURTHER ORDERED that the Gorham Town Council will raise and appropriate $722,294 for the annual payments on debt service previously approved by the legislative body for non-state-funded school construction projects, non-state funded portion of school construction projects and minor capital projects in addition to the funds appropriated as the local share of the Town’s contribution to the total cost of funding public education from kindergarten to grade 12.

Explanation: Non-state-funded debt service is the amount of money needed for the annual payments on the Town’s long-term debt for major capital school construction projects and minor capital renovation projects that are not approved for state subsidy.  The bonding of this long-term debt was previously approved by the voters or other legislative body.

BE IT FURTHER ORDERED that the Gorham Town Council will raise and appropriate $3,798,555 in additional local funds, which exceeds the State’s Essential Programs and Services funding model at 100% by $928,890.

The Gorham School Committee recommends $3,798,555 for the following reasons:

        The state’s funding model does not support all the costs of the schools because it includes only those costs considered essential by the new state Essential Programs and Services (EPS) model.

Explanation:  The additional local funds are those locally raised funds over and above the Town’s local contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and local amounts raised for the annual debt service payment on non-state-funded school construction projects and the non-state-funded portion of school construction projects and minor capital projects that will help achieve the Town’s budget for educational programs.

BE IT FURTHER ORDERED that the Gorham Town Council authorize the Gorham School Committee to expend $26,116,451 for the fiscal year beginning July 1, 2005 and ending June 30, 2006 from the Town’s contributions to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act, non-state-funded school construction projects, additional local funds for school purposes under the Maine Revised Statutes, Title 20-A, section 15690, and additional operating expenditures which may result from Federal, State or other grants and subsidies not requiring local taxation;

BE IT FURTHER ORDERED that the Gorham Town Council authorize the Gorham School Committee to expend for the fiscal year July 1, 2005 to June 30, 2006 from the foundation allocation, debt service allocation, unexpended balances, and other sources of revenues and receipts for the support of schools and adult education, a total of $14,575,798; that the Town Council raise and appropriate towards the total cost of funding public education from kindergarten to grade 12 a local share of $7,742,098, including a local share of debt service $769,959 and additional local funds of $3,798,555 including $141,780 for adult education;  that the revenues from the state allocation of $13,953,117, balances and miscellaneous receipts of $622,681, which includes a transfer of $154,000 from the Middle School Impact Fee account to be applied towards the Middle School Project debt service;  that the adult education subsidy and fees of $82,000 be used for education purposes.  This budget does not include the estimated amount of $1,833,675 in employer share of teacher retirement costs that is paid directly by the State.

The total budget to be $37,006,212 $37,226,212.  This total less estimated credits of $19,780,384, and a transfer in from the TIF Fund’s Industrial Park TIF Fund Balance of $63,000, and a transfer in from the Capital Equipment Reserve Fund’s Land Acquisition/Capital Projects account of $220,000, and a transfer from the Special Revenue Fund’s School Operations Undesignated Fund Balance of $281,681 results in a Net Appropriation of $16,881,147, which shall be raised by assessment on the estates of residents and nonresident property owners in the Town of Gorham, and

BE IT FURTHER ORDERED that the Gorham Town Council authorizes the Town Manager to enter into a five-year lease purchase agreement for the purchase of two one dump trucks as outlined in the Capital Equipment budget.

BE IT FURTHER ORDERED that the Gorham Town Council votes to adopt the Capital Budget Part II in the amount of $308,071.00 to be funded from the town’s undesignated fund balance.

BE IT FURTHER ORDERED that the Gorham Town Council authorize the reallocation of the Capital Equipment Reserve Fund’s Fire Truck Reserve account in the amount of $130,942.28 to the Capital Equipment Reserve Fund’s Rescue Reserve account for the purchase of a new rescue vehicle to replace Rescue 1.

BE IT FURTHER ORDERED that all taxes on real estate and personal property shall be due and payable upon approval of this Order and that one-half of all real estate and personal property taxes that remain unpaid on November 15, 2005 shall commence bearing interest on November 16, 2005, and that the final half of all real estate and personal property taxes that remain unpaid on May 15, 2006, shall commence bearing interest on May 16, 2006 at the interest rate of 7.75% per annum as authorized by Maine Law until paid and collected and the Tax Collector and Treasurer are authorized to collect and receive thereof; and

BE IT FURTHER ORDERED that the Gorham Town Council authorizes the Finance Director to accept prepayment of real and personal property taxes; and

BE IT FURTHER ORDERED that pursuant to Title 36, M.R.S.A., Section 506A, the Gorham Town Council establishes an interest rate of 3.75% per annum to be paid on all real estate and personal property taxes rebated due to overpayment of taxes.

BE IT FURTHER ORDERED that pursuant to Title 36, M.R.S.A., Section 906, the Gorham Town Council hereby require and direct that any tax payment received from an individual as payment for any property tax be applied against outstanding or delinquent taxes due on that property in chronological order beginning with the oldest unpaid tax bill, provided, however, that no such payment shall be applied to any tax for which an abatement application or appeal is pending unless approved in writing by the taxpayer.  This order shall remain in effect until rescinded by the Municipal Officers.

BE IT FURTHER ORDERED that the Gorham Town Council authorizes to increase the property tax levy limit of $4,289,014 established for the Town of Gorham by State law in the event that the municipal budget approved under the preceding articles will result in a tax commitment that exceeds that property tax levy limit.  The municipal limit would be increased to $4,663,023 as the result of the voter approved debt for the renovation of the old Shaw School into a Community/Municipal Center.

6 yeas, 1 nay (Robinson)

Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to adjourn.    7 yeas.  

Time of adjournment – 9:00 p.m.
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A TRUE RECORD OF MEETING                Attest:  
                                                         Christina Silberman
                                                         Town Clerk