Town of Lamoine, Maine
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Annual Town Meeting - March 8 & 9 2005

Town Meeting Warrant

Town of Lamoine                         State of Maine

 

Hancock, ss.

 

To:       Stuart Marckoon, Deputy Clerk, Town of Lamoine, Maine

 

Greetings:

            In the name of the State of Maine, you are hereby required to notify and warn the voters of the Town of Lamoine, in said county, qualified by law to vote in town affairs, to meet at the Lamoine Town Office in said town on Tuesday, March 8, 2005 at 9:55 AM then and there to act on articles 1 and 2, and to warn and notify the voters to meet at the Lamoine Consolidated School Gymnasium in said town on Wednesday, the 9th day of March 2005 at six o’clock in the evening (6:00 PM) then and there to act on articles 3 through 37, all of said articles being set out below, to wit:

 

  1. To choose a moderator to preside over said meeting.
  2. To elect the following Town Officers by secret ballot:

A.       Selectman & Overseer of the Poor (1 position, term to end town meeting 2006)

B.        Selectman & Overseer of the Poor (1 position, term to end town meeting 2007)

C.       Selectman & Overseer of the Poor (1 position, term to end town meeting 2008)

D.       School Committee Members (1 positions, to end town meeting 2008.)

E.        Assessor (1 position, term to begin July 1, 2005 and end June 30, 2008)

 

 

Open Town Meeting

Wednesday, March 9, 2005 6:00 PM

 

3.      To see if the Town will vote to set October 31, 2005 as the date when all personal property and real estate taxes for the Fiscal Year July 1, 2005 to June 30, 2006 are due and payable, and to see if the town will vote to fix a rate of interest of 7.50% to be charged on taxes unpaid after November 1, 2005 and to see if the town will vote to fix the rate of interest for tax overpayment at 3.50% annually.

 

 

  1. To see if the town will vote to authorize the Selectmen to sell and/or dispose of any property acquired by tax liens after first offering the property to the previous owners for payment of all back taxes, fees and interest, and if they decline, advertising for sealed bids on same, and stating the lowest bid acceptable, and to allow the Selectmen to authorize the Treasurer to waive automatic lien foreclosures when it is in the best interest of the town.

 

  1. To see if the town will vote to authorize the Selectmen to sell and/or dispose of any property or fixtures deemed to be surplus and unusable to the Town and worth less than $1,000 fair market value, under such terms and conditions as they deem advisable.

 

  1. To see if the town will vote to appropriate all funds from the money received from the State of Maine for registration of snowmobiles to the Frenchman Bay Riders Snowmobile Club for the purpose of maintaining their snowmobile trails, to be open for the use of the public at all times, and to authorize the municipal officers to enter into an agreement with the Club, under such terms and conditions as the municipal officers may deem advisable, for that purpose.

 

  1. To see if the town will vote to authorize the tax collector or treasurer to accept pre-payments of 2005/2006 taxes not yet committed pursuant to 36 M.R.S.A. § 506.

 

  1. To see if the town will vote to authorize expenditures to pay tax abatements and applicable interest granted during the fiscal year beginning July 1, 2005.

 

Ordinances

 

9.      To see if the town will adopt amendments to the Building and Land Use Ordinance entitled “Definitions-2005” as proposed by the Lamoine Planning Board.  The proposed amended definitions are on file with the Lamoine Town Clerk.

 

10.  To see if the town will add a proposed Section 15 to the Building and Land Use Ordinance entitled Junkyard and Automobile Graveyards as proposed by the Lamoine Planning Board.  The proposed section is on file with the Lamoine Town Clerk.

 

11.  To see if the town will vote to adopt a set of amendments to the Building and Land Use Ordinance entitled “Technical Amendments, March 2005” as proposed by the Lamoine Planning Board.  The proposed amendments are on file with the Lamoine Town Clerk.

 

12.  To see if the town will vote to adopt a set of amendments to the Building and Land Use Ordinance entitled “Fire Protection Amendments, March 2005” as proposed by the Lamoine Planning Board.  The proposed amendments are on file with the Lamoine Town Clerk.

 

13.  To see if the town will vote to adopt an ordinance entitled “Parks Ordinance  The proposed ordinance is on file with the Lamoine Town Clerk.

 

Education Budget Articles

 

14.  To see what sum the Town will authorize the School Committee to expend for school department personnel costs.  (The School Committee and Budget Committee recommend $854,242.02).

 

15.  To see what sum the Town will authorize the School Committee to expend for school department operating costs.  (The School Committee and Budget Committee recommend $1,266,597.81).

 

The figures contained in Articles 16 through 18 are estimates that may be amended at Town Meeting.  These articles were prepared for publication prior to final legislative action on funding for education.

 

  1. To see what sum the Town will appropriate for the school administrative unit’s contribution to the total cost of funding public education from kindergarten through grade 12 as described in the Essential Programs and Services Funding Act and to see what sum the Town will raise 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 2-A, section 15688. (The School Committee and Budget Committee recommend a total of  $1,644,687.64 with a local contribution of $1,193,157.00 and a state contribution of $451,530.64).

 

Explanation: The school administrative unit’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 that a municipality must raise in order to receive the full amount of state dollars.

 

  1. To see what sum the Town will raise and appropriate in additional local funds for school purposes under Maine Revised Statutes, Title 20-A, Section 15690.(The School Committee and Budget Committee recommend  $375,919.84)

 

 

Explanation:  The additional local funds are those locally raised funds over and above the school administrative unit’s contribution to the 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 or the non-state-funded portion of a school construction project that will help achieve the Town budget for educational programs.

 

  1. Shall the Town raise and appropriate $375,919.84 in additional local funds, which exceeds the States Essential Programs and Services funding model by $375,919.84 ?

(The school committee and budget committee recommend $375,919.84 for the following reasons: the Essential Programs and Services funding formula is structured to reward larger, more urban districts and penalize smaller and rural districts with the goal of persuading the smaller districts to consolidate.  As student enrollment continues to remain static and/or decline, the formula will calculate lower EPS total allocations, requiring additional local support to provide educational programs.  If local property valuations increase at a rate faster than the state average, this situation will only be made worse.)

 

Explanation:  The additional local funds are those that are locally raised funds over and above the school administrative unit’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 the local amounts raised for annual debt service payment on non-state-funded school construction projects or the non-state-funded portion of a school construction project that will help achieve the Town’s budget for educational purposes.

 

 

  1. Total Budget – (A school administrative unit must include a summary article indicating the total annual budget for funding public education from kindergarten to grade 12 .  The amount recommended is the gross budget of the school department.  This article doesn’t provide money unless the other articles are approved).

 

 

To see what sum the Town will authorize the School Committee to expend for the fiscal year beginning July 1, 2005 and ending June 30, 2006 from the school administrative units contribution 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, local appropriations, state subsidy, and other receipts for the support of schools. 

 

(The School Committee and Budget Committee recommend $2,120,839.83).

 

The purpose of Article 20 is to authorize the Town to increase  the current 2004-05 education budget by $37,845 to pay for part of the legal expenses, consultant fees, and tuition costs required by a court order to settle litigation which the Town recently lost.  The expected total cost of the settlement is about $77,845.  About $40,000 will come from savings in the current year school budget and the remainder ($37,845) from fiscal year 2003-04 balance forward.

 

  1. To see what sum the Town will authorize the School Committee to expend for the fiscal year beginning July 1, 2004 and ending June 30, 2005 from the foundation allocation, debt service allocation, unexpended balances, tuition receipts, local appropriations, state subsidy, and other receipts for the support of schools.  (The School Committee and Budget Committee recommend $2,137,445.29).

 

  1. To see if the Town will authorize the Board of Assessors to reduce the real estate and personal property tax commitment by an amount not to exceed any additional amount the town may receive from the foundation allocation or debt service allocation once the Maine Legislature has established those amounts. (The Budget Committee recommends a vote in favor)

 

Non Education Articles

  1. To see what sum the Municipality will raise and appropriate to add to the fund used to maintain the portable, temporary classrooms leased to the Lamoine School Department for educational purposes.  (The Selectmen and Budget Committee recommend $1,000.)

 

  1. To see what sum the Town will vote to raise and appropriate for Administration and to set the salaries of the following elected officers whose salaries will be paid from the Administration Account of the General Fund, and to authorize the Board of Selectmen to establish the rate of compensation for appointed officials.

 

Position

Recommended Salary

Selectman (Chair)

$1,600.00

Selectman (non-chair, 4 positions)

$1,000.00

Assessor (Chair)

$1,250.00

Assessor (non-chair, 2 positions)

$950.00

                 

(The Budget Committee and Selectmen recommend $139,346.76 with the salary recommendations listed above.)

 

  1. To see what sum the Town will vote to raise and appropriate for Code Enforcement, and to authorize expenditure of the state share of local plumbing fees to the Maine Department of Human Services.  (The Selectmen and Budget Committee recommend $13,000.00.)

 

  1. To see what sum the Town will vote to raise and appropriate for the Planning and Appeals Boards. (The Planning Board, Selectmen and Budget Committee recommend $1,700.00.)

 

  1. To see what sum the Town of Lamoine will vote to raise and appropriate for the support of social service organizations listed below, which made written requests for funding from the Selectmen, and met the criteria of the Town Meeting Donation Requests Ordinance adopted November 7, 2000.

 

Requesting Agency

Requested

Budget Cmte

Community Health & Counseling

$600.00

$600.00

Yesterday’s Children

$300.00

$200.00

Washington/Hancock Community Agy.

$1,065.00

$0.00

Lamoine Historical Society

$600.00

$600.00

Loaves & Fishes Food Pantry

$600.00

$400.00

WIC Clinic

$600.00

$600.00

Eastern Area Agency on Aging

$250.00

$250.00

American Red Cross – E. Maine

$600.00

$600.00

Maine Coast Memorial Hospital

$600.00

$600.00

Child & Family Opportunities

$600.00

$0.00

Downeast AIDS Network

$600.00

$600.00

Faith In Action-Community Connection

$600.00

$600.00

Hospice of Hancock County

$150.00

$150.00

Open Door Recovery Center

$600.00

$600.00

Total

 

$5,800.00

 

(The Budget Committee recommends $5800.00 as outlined above. The donation requests ordinance requires the Board of Selectmen to recommend no more than 5% of  one mill, which is approximately $5,800.00)

 

  1. To see what sum the Town will vote to raise and appropriate for Parks & Recreation. (The Selectmen and Budget Committee recommend $5,250.00. Included in this budget is the Downeast Family YMCA support request.  The recommendation is that the YMCA be funded at $2,500.00.  The YMCA has requested $3,000.00).

 

  1. To see what sum the Town will vote to raise and appropriate for library services. (The Selectmen and Budget Committee recommend $3,500.00.  The Ellsworth Public Library has requested funding of $7,170.00).

 

 

  1. To see what sum the Town will vote to raise and appropriate for Public Safety Expenditures. (The Budget Committee recommends $44,722.75).

 

  1. To see what sum the Town will vote to raise and appropriate to pay debt service (fire truck loan approved June 8, 2004).  (The Budget Committee recommends $29,050.00)

 

  1. To see what sum the Town will vote to raise and appropriate for Road Maintenance. (The Budget and Selectmen recommend $128,325.00.)

 

  1. To see what sum the Town will vote to raise and appropriate for major road projects including re-pavement of a portion Shore Road. (The Selectmen and Budget Committee recommend $85,682.00.)

 

  1. To see what sum the Town will vote to raise and appropriate for waste disposal including operation of the Lamoine Transfer Station, shipment to the Penobscot Energy Recovery Company, recycling contractor, monitoring of wells around the former landfill, and to authorize the Selectmen to continue the contract of disposal of septic sludge. (The Selectmen and Budget Committee recommend $98,498.00)

 

  1. To see if the Town will authorize the transfer from undesignated fund balance the amount of $5,834.57 in order to fund the FY 2003/04 appropriation for solid waste in excess of that amount budgeted for said purposes. (Note this will not reduce the amount of audited undesignated fund balance as of June 30, 2004).

 

  1. To see which revenues the Town will vote to appropriate for inclusion in the non-education portion of the budget to offset local property taxes.
Revenue Fund

Amount

Fund Total

General Fund

 

 

Automobile Excise Taxes

$270,000.00

 

Agent Fees

$5,000.00

 

Interest on Real Estate Taxes

$7,750.00

 

Interest on Investments

$16,500.00

 

Use of Surplus

$50,000.00

 

Watercraft Excise Taxes

$3,500.00

 

Tax Lien Charges

$1,800.00

 

Administration Fees

$1,000.00

 

General Assistance Reimbursement

$500.00

 

Portable Classroom Rental

$28,416.00

$384,466.00

Road Fund

 

 

Local Road Assistance

$26,536.00

 

Use of Road Fund

$2,000.00

$28,536.00

Code Enforcement Fund

 

 

Local Plumbing Fees

$3,000.00

 

Code Enforcement Fund Transfer

$6,000.00

 

Code Enforcement Fees

$6,500.00

$15,500.00

Animal Control Fund

 

 

Local Animal Control Fees

 

$700.00

Dump Closing Fund

 

 

Dump Closing Fund

 

$500.00

Total Offsets to Local Property Tax

 

$429,702.00

*Municipal Revenue Sharing will also reduce the tax commitment and is not included in the above figure.  (The Selectmen and Budget Committee recommend the revenue figures listed above.)


 

  1. To see if the Town will vote to establish and/or continue the following funds:

 

Fund Balance
Account

Balance as of

12/31/2004*

Code Enforcement Fund

$31,373.27

Dump Closing Fund

$1,550.91

Fire Truck Reserve Fund

$1,627.81

Salt/Sand Shed Reserve Fund

$44,752.58

Road Assistance Fund

$112,846.12

Education Capital Fund

$2,449.36

Animal Control Fund

$849.91

Revaluation Reserve Fund

$11,848.13

Insurance Deductible Fund

$4,162.85

Harbor Fund

$3,864.68

Portable Classroom Maintenance

Fund

$3,664.40

Cable TV Channel Fund

-$3,781.99

*Note that most funds are part of continuing operations, so the balance of 12/31/04 reflects partial expenditures during the fiscal year.

 (The Selectmen and Budget Committee recommend continuing the above funds)

 

  1. To see if the Town will authorize expenditure of funds from the Harbor Fund for improvements at the Harbor area as suggested to and approved by the Board of Selectmen, and to authorize the Selectmen to set the compensation of the Harbor Master and Deputy Harbor Master to be paid from the Harbor Fund. (The Selectmen recommend approval as written).

 

 Voting on articles 3 through 37 will take place in open town meeting at the Lamoine Consolidated School beginning at 6:00 PM on Wednesday, March 9, 2005.  The Registrar of Voters will hold office hours while the polls are open on March 8, 2005 to correct any error in, or change a name or address on the voting list, to accept registration of any person eligible to vote, and to accept new enrollments.  A person who is not registered as a voter in the Town of Lamoine may not vote in any election.

 

Signed at the Town of Lamoine February 3, 2005

 

 

/s/Perry Fowler                           

/s/S. Josephine Cooper               

/s/Glenn Crawford

 

The Lamoine Board of Selectmen,

Municipal Officers of the Town of Lamoine

  Go to supplemental warrant