CAPE ELIZABETH TOWN COUNCIL AGENDA

Special Meeting # 7-2010

Cape Elizabeth Town Hall
Tuesday, May 25, 2010

7:30 p.m.


00:09 Roll Call by the Town Clerk
Anne E. Swift-Kayatta , Chair 14 Stone Bridge Road 767-5754 12/2011
Frank J. Governali 18 Old Ocean House Road 799-5842 12/2010
Penelope A. Jordan 349 Fowler Road 671-5341 12/2010
Sara W. Lennon 54 Cranbrook Drive 741-5139 12/2012
David S. Sherman, Jr. 74 Hunts Point Road 749-2668 12/2011
Jessica L. Sullivan 38 Cranbrook Drive 774-0115 12/2012
James T. Walsh 23 Rock Crest Drive 799-6730 12/2012

00:22 The Pledge of Allegiance to the Flag
00:50 Town Council Reports and Correspondence
01:02 Citizen Opportunity for Discussion of Items Not on the Agenda

01:22 The following draft motions are based on the amounts set for public hearing.

01:50 Item # 69 Adoption of Municipal Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, May 24, 2010 does hereby adopt the municipal budget for Fiscal Year 2011 and hereby makes the following gross appropriations for each listed department:





 

Expenditures by Department

 BUDGET

 

 

 FY 2011

110

ADMINISTRATION

       501,660

120

ASSESSING/CODES PLANNING

       360,116

130

TOWN COUNCIL

              500

135

LEGAL AND AUDIT

         53,000

140

ELECTIONS

         24,103

150

BOARDS AND COMMISSIONS

         13,530

530

PUBLIC INFORMATION

         39,580

160

INSURANCE

         91,000

170

EMPLOYEE BENEFITS

       944,361

180

DEBT SERVICE

    1,012,784

520

CONTRIBUTIONS

           5,450

710

INTERGOVT. ASSESSMENTS

         19,751

210

POLICE DEPARTMENT

    1,126,249

215

ANIMAL CONTROL

         20,268

220

PUBLIC SAFETY COMMUNICATIONS

       155,000

225

WETeam

         23,680

230

FIRE DEPARTMENT

       277,200

235

FIRE POLICE UNIT

         11,059

240

MISC. PUBLIC PROTECTION

       141,269

250

EMERGENCY PREPAREDNESS

           3,197

310

PUBLIC WORKS

    1,032,683

320

REFUSE DISPOSAL/RECYCLING

       769,280

410

HUMAN SERVICES

         45,484

510

LIBRARY

       448,373

600

FACILITIES MANAGEMENT

       125,970

610

TOWN HALL

         25,300

615

LIBRARY BUILDING

         25,340

620

TOWN CENTER FIRE STATION

         15,775

630

POLICE STATION

         64,526

635

CAPE COTTAGE FIRE STATION

           6,730

640

PARKS & TOWN LANDS

         60,631

641

SCHOOL GROUNDS

       143,424

645

FORT WILLIAMS PARK

       160,808

655

POOL AND FITNESS CENTER

       306,042

660

TREES

         19,386

715

CAPITAL PROJECTS

       466,178

 

Grand Total

  8,539,687




03:14 Item # 70 Approval of Cumberland County Assessment
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, May 24, 2010 does hereby approve for inclusion in the Fiscal Year 2011 budget the assessment from Cumberland County for 2010 amounting to $ 947,600

04:04 Item # 71 Approval of Local Homestead Exemption Funds
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, May 24, 2010 does hereby approve for inclusion in the Fiscal Year 2011 budget the amount of $185,000 for the local share of homestead exemptions

04:32 Item # 72 Approval of Community Services Special Funds Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, May 24, 2010 does hereby approve for inclusion in the Fiscal Year 2011 General Fund budget the amount of $186,993 for the local taxation share of the Community Services budget and the full Community Services budget in the amount of $1,063,638 in authorized expenditures and estimated revenues of $876,645 from sources other than the property tax is hereby approved.

05:03 Item # 73 Property Tax Levy Limit
Ordered: The Cape Elizabeth Town Council in accordance with Title 30-A MRSA Section 5721-A the Town of Cape Elizabeth hereby increases the property tax levy limit for municipal services to the legally allowed limit of $6,141,486. The actual property tax levy for municipal purposes is $5,387,187.

05:34 Item # 74 School Budget Approval
(Note: The proposed general fund school budget is $20,676,971 including $925,170 in ARRA Funds and the $19,751,801 referenced in Point 5.)

05:51 Discussion and vote on Councilor James Walsh's possible conflict of interest

14:26 Resume discussion and vote on School Budget Approval

VOTED: The Town of Cape Elizabeth hereby agrees to accept the following estimated state and federal funds:
Education
State Education Subsidy: $1,953,465
Title IA : $ 30,000
Title IIA: $ 51,000
Title IID: $ 900
Title IVA: $ 4,300
Local Entitlement: $ 367,000
Food Service State Subsidy $ 58,000
Federal ARRA Stabilization Funds $ 925,170
IDEA Federal AARA Funds $ 211,850

#1 VOTED: Cost Center Summary. That the Town of Cape Elizabeth appropriate $8,774,660 for Regular Instruction; $2,532,279 for Special Education; $50,122 for Career and Technical Education; $606,748 for Other Instruction; $2,199,310 for Student and Staff Support; $599,727 for System Administration; $979,749 for School Administration; $649,558 for Transportation; $1,967,695 for Facilities Maintenance; $1,391,953 for Debt Service; $0 for All Other Expenditures.

#2 VOTED: State/Local EPS Funding Allocation. That the Town of Cape Elizabeth appropriate $15,494,595.75 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 Cape Elizabeth raise $12,615,960 as 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 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.

#3 VOTED: Non-State Funded Debt Service. That the Town of Cape Elizabeth raise and appropriate $1,391,953 for the annual payments on debt service previously approved by the legislative body for non-state-funded school construction projects, or non-state funded portions of school construction 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 that are not approved for state subsidy. The bonding of this long-term debt was previously approved by the voters or other legislative body.

#4 VOTED: Additional Local Funds. That the Town of Cape Elizabeth raise and appropriate $3,322,422 in additional local funds, which exceeds the State’s Essential Programs and Services funding model by $2,929,861.26 as required to fund the budget recommended by the school board.

The School Board recommends an appropriation which exceeds the State Essential Program and Services model for the following reasons:
The state’s funding model does not support all of the costs for K-12 education. It includes only those costs considered essential by the state’s 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 payment on non-state-funded debt service that will help achieve the Town’s budget for educational programs.

#5 VOTED: Total School Budget Summary. That the Town of Cape Elizabeth authorize the School Board to expend $19,751,801 for the fiscal year beginning July 1, 2010 and ending June 30, 2011 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, unexpended balances, tuition receipts, state subsidy and other receipts for the support of schools.

#6 VOTED: Adult Education. That the Town of Cape Elizabeth appropriate for Adult Education, the sum of $187,633 and the Town of Cape Elizabeth raise as the local share, the sum of $65,107; with authorization to expend any additional, incidental, or miscellaneous receipts in the interest and for the well-being of the adult education program.

#7 VOTED: Special Funds. That the town of Cape Elizabeth hereby appropriates, in addition to the school budget amounting to $19,751,801, the sum of $2,061,268, said amount being the estimated amount expected to be received as revenues from the school lunch program, CEEF Grants, Title IA, Title IIA, Title IID, Title IVA and Local Entitlement Funds, Federal ARRA Stabilization Funds and IDEA Federal AARA Funds. If the actual revenues shall be less than the appropriated funds, then the appropriation shall be lowered to an equivalent level.

#8 VOTED: Additional Unanticipated State School Subsidy. That the town of Cape Elizabeth will reduce the additional local appropriation raised pursuant to Maine Revised Statutes, Title 20-A, §15690(3) for public schooling by the amount of any unanticipated state general purpose aid received for the fiscal year beginning July 1, 2010 and ending June 30, 2011.

In addition the State of Maine directly assumes the cost for the employer share of teacher retirement. The estimated amount is $2,017,800.

41:20 Item# 75-2010 Proposed FY 2011 General Fund Budget Summary Motion

Note: The totals in Item # 75 include for Community Services only the amount that is contributed through taxation. The appropriation is in Item # 72. This is a change in procedure from previous years.

A. Ordered, the Cape Elizabeth Town Council , having held a public hearing on Monday, May 24, 2010, does hereby adopt the General Fund Budget for Fiscal Year 2011 with gross expenditures of $30,536,251, and gross revenues of $6,499,136 and with the amount of $24,037,115 to be raised from taxation, and to fix Tuesday, October 5, 2010, and Tuesday, April 5, 2011, as the dates upon each of which one-half of such tax is due and payable, with interest to accrue upon taxes due and unpaid after each such date at the rate of nine percent (7.00%) per annum. In accordance with 36 M.R.S.A. Section 506, the Tax Collector and Town Treasurer are authorized to accept prepayment or decline prepayment of taxes not yet committed or prior to any due date and pay no interest thereon. In accordance with 36 M.R.S.A. Section 506-A, a taxpayer who pays an amount accepted by the tax collector and town treasurer in excess of that finally assessed shall be repaid the amount of overpayment plus interest from the date of overpayment at the minimum annual rate per annum set by the State of Maine.


42:34 Item# 76-2010 Cape Elizabeth Rescue Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, May 24, 2010 does hereby approve the Cape Elizabeth Rescue Fund Budget for Fiscal Year 2011 with approved expenditures of $339,786

Item# 77-2010 Cape Elizabeth Sewer Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, May 24, 2010 does hereby approve the Cape Elizabeth Sewer Fund Budget for Fiscal Year 2011 with approved expenditures of $1,548,095

Item# 78-2010 Cape Elizabeth Spurwink Church Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, May 24, 2010 does hereby approve the Cape Elizabeth Spurwink Church Fund Budget for Fiscal Year 2011 with approved expenditures of $10,589

Item# 79-2010 Cape Elizabeth Riverside Cemetery Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, May 24, 2010 does hereby approve the Cape Elizabeth Riverside Cemetery Fund Budget for Fiscal Year 2011 with approved expenditures of $46,713

Item# 80-2010 Portland Head Light Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, May 24, 2010 does hereby approve the Portland Head Light Fund Budget for Fiscal Year 2011 with approved expenditures of $530,780

Item# 81-2010 Cape Elizabeth Infrastructure Improvement Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, May 24, 2010 does hereby approve the Infrastructure Improvement Fund Budget for Fiscal Year 2011 with approved expenditures of $88,000

Item# 82-2010 Thomas Jordan Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, May 24, 2010 does hereby approve the Thomas Jordan Fund Budget for Fiscal Year 2011 with approved expenditures of $35,535

44:17 Item# 83-2010 Alternative Energy Committee Report
Ordered: The Cape Elizabeth Town Council hereby approves as a designated reserve to be carried over into Fiscal Year 2011, the sum of $112,420 for priority one and two energy improvements to municipal buildings, for continuing consultant work for the Alternative Energy Committee and for energy coordination services.





45:07 Item# 84-2010 Collective Bargaining Agreement
Ordered: The Cape Elizabeth Town Council hereby approves a successor collective bargaining agreement from July 1, 2010 to June 30, 2012 with Local 340 of the Teamsters covering Cape Elizabeth public works employees

47:05 Citizen Opportunity for Discussion of Items Not on the Agenda

49:33 Adjournment