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CAPE ELIZABETH TOWN COUNCIL AGENDA

Special Meeting # 9-2013

Cape Elizabeth Town Hall

Monday, April 29, 2013

7:00 p.m.
00:40 Roll Call by the Town Clerk

01:05 The Pledge of Allegiance to the Flag
01:23 Town Council Reports and Correspondence
01:57 Citizen Opportunity for Discussion of Items Not on the Agenda
02:42 Town Manager’s Report
10:23 Public Hearing: Proposed FY 2014 Budget
13:42 open hearing
The draft motions are based on the amounts set for public hearing.
29:13 Item # 63-2013 Adoption of Municipal Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013 does hereby adopt the municipal budget for Fiscal Year 2014 and hereby makes the following gross appropriations for each listed department:
 
30:44 Item # 64-2013 Approval of Cumberland County Assessment
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013 does hereby approve for inclusion in the Fiscal Year 2014 budget the assessment from Cumberland County for 2013 amounting to $1,061,728
31:22 Item # 65-2013 Approval of Local Homestead Exemption Funds
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013 does hereby approve for inclusion in the Fiscal Year 2014 budget the amount of $157,000 for the local share of homestead exemptions
32:03 Item # 66-2013 Approval of Community Services Special Funds Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013 does hereby approve for inclusion in the Fiscal Year 2014 General Fund budget the amount of $447,000 for the local taxation share of the Community Services budget and the full Community Services budget in the amount of $1,609,067 in authorized expenditures and estimated revenues of $1,609,067 is hereby approved.
34:27 Item # 67-2013 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 $6,551,082. The actual property tax levy for municipal purposes is $5,633,863.
34:56 Item # 68-2013 School Budget Approval
VOTED: The Town of Cape Elizabeth hereby agrees to accept the following estimated state
and federal funds:
Education
State Education Subsidy: $2,192,506
Title IA: $26,000
Title IIA: $40,000
Local Entitlement: $345,000
Food Service State Subsidy $68,000
 
#1 VOTED: Cost Center Summary. That the Town of Cape Elizabeth appropriate $10,296,403 for Regular Instruction; $3,087,756 for Special Education; $46,604 for Career and Technical Education; $738,963 for Other Instruction; $2,122,848 for Student and Staff Support; $676,351 for System Administration; $1,142,210 for School Administration; $677,130 for Transportation; $2,451,222 for Facilities Maintenance; $1,288,591 for Debt Service; $0 for All Other Expenditures.
#2 VOTED: State/Local EPS Funding Allocation. That the Town of Cape Elizabeth appropriate $16,066,689.07 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 $13,874,182.50 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 $1,288,591 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 constructionprojects 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 $4,544,798.50 in additional local funds, which exceeds the State’s Essential Programs and Services funding model by $4,451,640.34 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 $22,528,078 for the fiscal year beginning July 1, 2013 and ending June 30, 2014 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: Special Funds. That the town of Cape Elizabeth hereby appropriates, in addition to the school budget amounting to $22,528,078, the sum of $1,016,000, said amount being the estimated amount expected to be received as revenues from the school lunch program, Title IA, Title IIA and Local Entitlement Funds. If the actual revenues shall be less than the appropriated funds, then the appropriation shall be lowered to an equivalent level.
#7 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, 2013 and ending June 30, 2014.
49:23 Item# 69-2013 Proposed FY 2014 General Fund Budget Summary Motion
Ordered, the Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013, does hereby adopt the General Fund Budget for Fiscal Year 2014 with gross expenditures of $33,226,169, and gross revenues of $6,219,006 and with the amount of $27,007,163 to be raised from taxation, and to fix Tuesday, October 1, 2013, and Tuesday, April 1, 2014, 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 seven 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.
Procedural Motion: It is recommended to consider Items # 70 to 84 en bloc.

49:58 Item# 70-2013 Cape Elizabeth Rescue Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013 does hereby approve the Cape Elizabeth Rescue Fund Budget for Fiscal Year 2014 with approved expenditures of $267,318
Item# 71-2013 Cape Elizabeth Sewer Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013 does hereby approve the Cape Elizabeth Sewer Fund Budget for Fiscal Year 2014 with approved expenditures of $1,831,309
 
 
Item# 72-2013 Cape Elizabeth Spurwink Church Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013 does hereby approve the Cape Elizabeth Spurwink Church Fund Budget for Fiscal Year 2014 with approved expenditures of $10,847
Item# 73-2013 Cape Elizabeth Riverside Cemetery Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013 does hereby approve the Cape Elizabeth Riverside Cemetery Fund Budget for Fiscal Year 2014 with approved expenditures of $ 52,640
Item# 74-2013 Portland Head Light Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013 does hereby approve the Portland Head Light Fund Budget for Fiscal Year 2014 with approved expenditures of $544,061
Item# 75-2013 Fort Williams Park Fund
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013 does hereby approve the Fort Williams Park Special Fund Budget for Fiscal Year 2014 with approved expenditures of $169,950
Item# 76-2013 Cape Elizabeth Infrastructure Improvement Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013 does hereby approve the Infrastructure Improvement Fund Budget for Fiscal Year 2014 with approved expenditures of $0
Item# 77-2013 Thomas Jordan Fund Budget
Ordered: The Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013 does hereby approve the Thomas Jordan Fund Budget for Fiscal Year 2014 with approved expenditures of $35,535
51:37 Item# 78-2013 Approval of Warrant for School Budget Vote on May 14, 2013
County of Cumberland, ss.
To Neil R. Williams, a constable of Cape Elizabeth. You are hereby directed to notify the voters of Cape Elizabeth of the election described in the warrant.
School Budget Validation Referendum
Do you favor approving the Town of Cape Elizabeth school budget for the upcoming school year that was adopted at the latest school budget meeting of the Town Council?
 


YES
NO
 
 
 
 
The following is a non-binding expression of opinion for the consideration of the School Board and Town Council.
I find the school budget adopted at the April 29, 2013 Town Council’s school budget meeting to be:
 


TOO HIGH
ACCEPTABLE
TOO LOW
School Budget Validation Referendum Process
Do you wish to continue the budget validation referendum process in Cape Elizabeth for an
additional three years?

 


YES
NO
 
Informational Note
A “YES” vote will require Cape Elizabeth to continue to conduct a referendum to validate its annual school budget for the next three years.
A “NO” vote will discontinue the budget validation referendum for a least three years and provide instead that the annual school budget shall be finally adopted at a meeting of the Town Council.
 
Election to be held on Tuesday, May 14, 2013, at the Cape Elizabeth High School Gymnasium.
Polls open at 7:00 a.m. and Close at 8:00 p.m.
Absentee Ballot Processing:
Absentee ballots will be processed on Election Day, on the hour every hour until close, beginning at 7:00 a.m. The Cape Elizabeth Town Democratic Committee, the Cape Elizabeth Town Republican Committee and State Green Independent Party have also been notified, in writing, of the absentee ballot process.
The Registrar of Voters is available to accept new registrations and corrections to the voter list on Election Day at the polls and prior to Election Day at Town Hall, 320 Ocean House Road. Town Hall is open Mondays 7:30 a.m. - 5:00 p.m. and Tuesday - Friday, 7:30 a.m. - 4:00 p.m. Proof of residency and identity is required.
 
58:58 Citizen Opportunity for Discussion of Items Not on the Agenda
59:16 Adjournment
Public Participation at Town Council Meetings
After an item has been introduced, any person wishing to address the council shall signify a desire to speak by raising their hand or by approaching the lectern. When recognized by the chairman, the speaker shall give his or her name and address or name and local affiliation, if the affiliation is relevant, prior to making other comments. All remarks should be addressed to the Town Council. Comments shall be limited to three minutes per person; however, the time may be extended by majority vote of councilors present. For agenda items that are not formally advertised public hearings, the time for public comments is limited to 15 minutes per agenda item. This time may be extended by a majority of the Town Council. The chairman may decline to recognize any person who has already spoken on the same agenda item and may call on speakers in a manner so as to balance debate. Once the Council has begun its deliberations on an item, no person shall be permitted to address the Council on such item.
Speaking at the meeting on topics not on the agenda at regular Council meetings
Persons wishing to address the Council on an issue or concern local in nature not appearing on the agenda may do so at a regular Town Council meeting before the town manager’s report and/or after the disposition of all items appearing on the agenda. Any person wishing to address the Council shall signify a desire to speak by raising their hand or by approaching the lectern. When recognized by the chairman, the speaker shall give his or her name and address or name and local affiliation if the local affiliation Council. Comments in each comment period shall be limited to three minutes per person and 15 minutes total; however, the time may be extended by majority vote of councilors present.
Decorum
Persons present at Council meetings shall not applaud or otherwise express approval or disapproval of any statements made or actions taken at such meeting. Persons at Council meetings may only address the Town Council after being recognized by the chairman.