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05/09/2006 Town Council Special Meeting Minutes
REPORT OF THE SPECIAL MEETING OF THE GORHAM TOWN COUNCIL
MAY 9, 2006
Chairman Phinney opened the meeting at 7:05 pm with the Pledge of Allegiance to the Flag.

Roll Call:  Present:  Chairman Phinney; Councilors Dugas, Justice, Willett, Loveitt, Robinson, & Hamblen, Town Manager, David Cole, Finance Director, Maureen Finger, and Town Clerk, Christina Silberman.  

Public Hearing #1  Chairman Phinney opened the public hearing.  There were no comments from the public.  Chairman Phinney closed the public hearing.

Item # 7273  Moved by Councilor Justice seconded by Councilor Dugas and VOTED to waive the clerk reading the prepared order.  7 yeas.

The order, as presented, was moved by Councilor Justice and seconded by Councilor Willett.

Moved by Councilor Loveitt, seconded by Councilor Justice and VOTED to amend the proposed order to keep the mil rate effort of last year steady and apply it to the increased valuation this year to form an increase in the school appropriation over last year of $200,000, the total amount based upon a 15 million dollar valuation, to yield an approximate $11,736,687.34.  6 yeas, 1 nay (Willett).

Moved by Councilor Justice, seconded by Councilor Willett and VOTED to amend the proposed order to add $90,000 to the unclassified salaries account.  3 yeas, 4 nays (Hamblen, Robinson, Loveitt, and Dugas).  (Motion fails)

Moved by Councilor Hamblen, seconded by Councilor Dugas and VOTED to amend the proposed order and reduce the Capital Equipment line by $5,831.00.  

Moved by Councilor Loveitt, seconded by Councilor Willett and VOTED to amend the proposed amendment to the proposed order and apply the $5,831.00 savings from the reduction of the Capital Equipment line to the contingency fund.  5 yeas, 2 nays (Robinson and Hamblen)

The amended amendment to the proposed order to reduce the Capital Equipment line by $5,831.00 and apply it to the contingency fund was then VOTED.    7 yeas.

Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED to remove $20,000 that was put into the reserve account for paving of a potential skate board park and apply $1,200 to the police department supplemental budget request to replace pistol magazines for their duty weapons and $2,667 to purchase 7 new shotguns, apply $4,274 to the fire department supplemental budget request to complete the project at the West Gorham fire station, and apply the remainder to the general reserve account.  7 yeas.

The order as amended was then voted resulting in the following.  ORDERED that the Gorham Town Council vote to adopt the 2006-2007 Fiscal Year Budget with the following departmental totals:

General Government                                                              $1,144,941
                Public Safety                                                                   $2,939,745
                Public Works/Solid Waste/Engineering & Insp Services                    $2,281,391
                Health & Welfare and Social Service Agencies                            $68,870
                Recreation/Community Center/Cable                                               $293,543
                Libraries and Museum                                                            $426,034
                Planning and Development                                                        $256,885
                Debt & Interest                                                                 $1,133,687
                Capital Items                                                                   $490,099
                Insurance                                                                               $1,775,330
                Other Town Services and Unclassified                                    $160,797
                Education                                                                               $27,684,804
                Cumberland County Property Tax                                          $693,583                
                                                                                             TOTAL    $39,349,709
                                                                
BE IT FURTHER ORDERED that the Gorham Town Council will appropriate $23,744,626 for the total cost of funding public education from kindergarten to grade 12 as described in the Essential Program and Services Funding Act and that the Town of Gorham raise $ 8,250,560 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 $670,166 for the annual payments on debt service previously approved by the legislative body for non-state-funded school construction project, non-state-funded portions 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 authorize the Gorham School Committee to expend $27,684,804 for the fiscal year beginning July 1, 2006 and ending June 30, 2007 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 Town of Gorham authorize the School Committee to expend for the fiscal year July 1, 2006 to June 30, 2007 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 $15,948,116;  that the Town Council raise and appropriate towards the total cost of funding kindergarten to grade 12 education a local share of $8,250,560, including a local share of debt service $719,893 and additional local funds of $3,486,128  including $143,784 for adult education;  that the revenues from the state allocation of $15,494,066 , balances and miscellaneous receipts of $454,050, which includes a transfer of $ 155,000 from the Middle School Impact Fee account to be applied towards the Middle School Project debt service; that adult education subsidy and fees of $100,000 be used for education purposes.  This budget does not include the estimated amount of $2,073,038 in employer share of teacher retirement costs that is paid directly by the State.

The total budget to be $39,349,709.  This total less estimated credits of  $21,694,579  and a transfer in from the TIF Fund's Industrial Park TIF Fund Balance of $203,003 and a transfer from Special Revenue Fund's School Operations Undesignated Fund Balance of $94,050 result in a Net
Appropriation of $17,358,077, which shall be raised by assessment on the estates of resident and nonresident property owners in the Town of Gorham, and

BE IT FURTHER ORDERED that the Town Council vote to adopt the Capital Budget Part II in the amount of $186,998 to be funded from the town's undesignated fund balance.

BE IT FURTHER ORDERED that the Gorham Town Council authorizes the Town Manager to enter into five year lease purchase agreements for the purchase of public works equipment as outlined in the Capital Items budget.

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, 2006 shall commence bearing interest on November 16, 2006, and that the final half of all real estate and personal property taxes that remain unpaid on May 15, 2007, shall commence bearing interest on May 16, 2007 at the interest rate of 11.0% 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 7.0% 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.  4 yeas, 3 nays (Willett, Hamblen and Robinson).

Item #7274  Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to waive the clerk reading the proposed order.  7 yeas.

The order as presented was moved by Councilor Justice and seconded by Councilor Dugas.  

Moved by Councilor Justice, seconded by councilor Dugas and VOTED to amend the proposed order to use the revised figures as provided by the Town Manager.  7 yeas.

ORDERED that the Gorham Town Council raised and appropriated $3,486,128 in additional local funds that are included in the appropriation resolution, which exceeds the State's Essential Programs and Services funding model at 100% by $823,661.  The Gorham School Committee recommends $3,486,128 for the following reasons:  

The state's funding model does not support all of 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 school department'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 a school construction projects and minor capital projects that will help achieve the Town's budget for educational programs.  7 yeas.

Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to adjourn the meeting at     7:52 p.m.  7 yeas.

A TRUE RECORD OF MEETING                Attest:  Christina Silberman, Town Clerk