City Council Regular Agenda

MICHAEL F. BRENNAN (MAYOR)	JOHN R. COYNE (5)
KEVIN J. DONOGHUE (1)	JOHN M. ANTON (A/L)
DAVID A. MARSHALL (2)	JILL C. DUSON (A/L)
EDWARD J. SUSLOVIC (3)	NICHOLAS M. MAVODONES, JR. (A/L)
CHERYL A. LEEMAN (4)

AGENDA
REGULAR CITY COUNCIL MEETING
EVENING SESSION
MAY 6, 2013

The Portland City Council will hold a regular City Council Meeting at 7:00 p.m. in the City Council Chambers, City Hall. The Honorable Michael F. Brennan, Mayor, will preside.

PLEDGE OF ALLEGIANCE:

ROLL CALL:

APPROVAL OF MINUTES OF PREVIOUS MEETING:

(Tab 1) Regular City Council Meeting April 22, 2013
Special City Council Meeting April 29, 2013

ANNOUNCEMENTS:

RECOGNITIONS:

PROCLAMATIONS:

Proc 35-12/13 Proclamation Honoring Officer Jeffery Ruth as Police Officer of
(Tab 2) the Month for March, 2013 – Sponsored by Mayor Michael F. Brennan.

Proc 36-12/13 Proclamation Proclaiming Public Works Week – Sponsored by Mayor
(Tab 3) Michael F. Brennan.

APPOINTMENTS:

Order 209-12/13 Order Appointing Constables Re: Department of Public Services and
(Tab 4) Police Department - Sponsored by Mark H. Rees, City Manager.

This order appoints Park Rangers Russell Groh, Lamia Poe, and Nathan Robbins as Constables for the Department of Public Services and Police Cadets Anthony Oddi, Miranda Bisson, and Benjamin Savage as Constables for the Police Department and shall be effective until midnight on October 31, 2013. Pursuant to state law this order prohibits these constables from carrying a weapon or making arrests.

Five affirmative votes are required for passage after public comment.

CONSENT ITEMS:

Order 210-12/13 Order Declaring 11th Annual Greater Portland Festival of Nations in
(Tab 5) Deering Oaks Park – Sponsored by Mark H. Rees, City Manager.

This order declares Sunday, July 28, 2013, as the 11th Annual Greater Portland Festival of Nations in Deering Oaks Park, a festival of music, food, cultural exhibits, children’s activities, and folk art from many nations around the world. The festival will run from 11:00 a.m. to 7:00 p.m. The festival is held rain or shine. In order to hold the festival safely, the main road into Deering Oaks Park needs to be closed to traffic at approximately 8:00 a.m. on July 28, 2013

Order 211-12/13 Order Declaring Fenix Theater Company’s “Shakespeare in the Park”
(Tab 6) at Deering Oaks Park as a Festival – Sponsored by Mark H. Rees, City Manager.

This order declares Fenix Theater Company’s “Shakespeare in the Park”, running July 18, 19, 20, 25, 26, 27 and August 1, 2, 3, 8, 9, 10, 2013, at Deering Oaks Park as a festival.

Order 212-12/13 Order Declaring Compass Project’s 10th Annual “Family Boat Building
(Tab 7) Festival” July 12 – July 14, 2013 – Sponsored by Mark H. Rees, City Manager.

The Compass Project uses this event as a fundraiser for its “youth at risk” program expenses. Over the course of three days (July 12-14, 2013), 15-20 families/businesses/organizations will each make a 12-foot wooden boat, which is then launched at East End Beach. The boat building will take place under two large tents erected in Monument Square. The tents will be removed on Monday, July 15th.

Order 213-12/13 Order Declaring 2013 “Summer Events/Concert Series Festival”
(Tab 8) – Sponsored by Mark H. Rees, City Manager.

Portland’s Downtown District has for many years organized summer concerts in the downtown squares and parks of Portland (Monument Square, Post Office Park, Congress Square Park, and Lobsterman Park. Concerts and events will be held from July 9 through August 6, 2013.

Five affirmative votes are required for passage of the Consent Calendar.

LICENSES:

UNFINISHED BUSINESS:

Order 201-12/13 Amendment to Zoning Map Re: 91 State Street Rezoning from R-6
(Tab 9) Residential Zone to R-7 Compact Urban Residential Zone - Sponsored by the Planning Board, Carol Morrissette, Chair.

Kevin Butterfield applied for a Zoning Map Amendment for property located at 91 State Street. The proposed change would be from R-6 Residential to R-7 Compact Urban Residential Overlay Zone.

The property was formerly owned and occupied by Mercy and served as the McAuley Residence convalescent center. The proposal seeks to convert the previous uses into ten (10) market-rate residential units. The proposed map amendment is requested in order to allow for a higher residential density for the site and reuse of the existing structure.

At the April 23rd Planning Board public hearing, the Board voted unanimously to forward this item to the City Council with a recommendation for passage.

This item must be read on two separate days. It was given a first reading on April 22nd. Five affirmative are required for passage after public comment.

Order 202-12/13 Amendment Zoning Map Amendment Re: 159 Canco Road From I-L
(Tab 10) Low Impact Industrial Zone to ROS Recreational Open Space Zone – Sponsored by the Planning Board, Carol Morrissette, Chair.

Though it is currently zoned IL or Low-Impact Industrial, neighborhood residents have historically used the property at 159 Canco Road as a passive recreational open space. The site includes woodlands, wetlands, streams, a pond, and a number of hiking, biking, and cross-country skiing trails. As a result of a partnership with neighborhood residents, the Trust for Public Land and Portland Trails, the city now owns the 12.9 property. The City Council has placed it under a conservation easement to Portland Trails with the intent that it remains protected open space in perpetuity.

Upon conveying the conservation easement, the Council referred the issue of rezoning the property to the Planning Board and recommended that the zoning be changed to Recreation and Open Space (ROS) in order to align more closely with existing and potential uses on site.

On March 19, 2013, the Planning Board voted unanimously (5-0, Soley and Dundon absent) to recommend a proposed zoning map amendment for the property at 159 Canco Road to change the zoning designation from Low-Impact (IL) to Recreation Open Space (ROS).

This item must be read on two separate days. It was given a first reading on April 22nd. In order to comply with noticing requirements, staff is requesting that this item be postponed to the June 3rd Council meeting.

BUDGET ITEMS: PUBLIC COMMENT WILL BE TAKE ON MUNICIPAL BUDGET ORDERS

Order 214-12/13 Order Authorizing FY 2014 Administrative Fees in Various
(Tab 11) Departments – Sponsored by Mark H. Rees, City Manager.

This order authorizes certain administrative charges/fees. The increases and new charges/fees are for the following City departments and/or divisions: Parking (Thames St.); Fire (EMS); Public Services: Administration (Special Activity Fees), Cemeteries (Wilde Chapel), Street Openings (Permanent Restoration Fee); Recreation and Facilities Management: Senior Adult Age (55 to 62), Ice Arena (Ice Rentals and Figure Skating), Athletic Facilities (Various), Aquatics (Various), Recreation (Various) and Golf Course (Daily Play Fee Setting Authority); and Public Health (CFPM Classes).

Five affirmative votes are required for passage. Staff is recommending that this item be postponed to the City Council meeting of May 20th to coincide with consideration of the Appropriation Resolve.

Order 215-12/13 Order Authorizing City Manager to Enter into Certain Agreements to
(Tab 12) Implement the FY 2014 Human Resources and Certain Fringe Benefits Budgets - Sponsored by Mark H. Rees, City Manager.

This order authorizes the City Manager to enter into standard agreements and amendments to standard agreements with providers of services for the fiscal year 2014 in order to implement portions of human resources, medical, workers’ compensation, and liability budgets.

This item must be read on two separate days. This is its first reading.

Order 216-12/13 Order Re: Self-Insured Liability Program - Sponsored by Mark H.
(Tab 13) Rees, City Manager.

This order establishes the limit of the city’s liability as $400,000 as required by the Maine Tort Claims Act and states the city’s commitment to “self-insure” for such liability by appropriating funds for this purpose.

Five affirmative votes are required for passage. Staff is recommending that this item be postponed to the City Council meeting of May 20th to coincide with consideration of the Appropriation Resolve.

Order 217-12/13 Order Authorizing City Manager to Enter into Certain Agreements to
(Tab 14) Implement the FY 2014 Health and Human Services Budget - Sponsored by Mark H. Rees, City Manager.

This order authorizes the City Manager to enter into standard agreements and amendments to those standard agreements to receive reimbursement for services by the Health and Human Services Department.

In addition, the City enters into agreements with service providers and landlords to provide services for department programs.

This item must be read on two separate days. This is its first reading.

Order 218-12/13 Order Authorizing City Manager to Accept Scholarship Trust
(Tab 15 ) Donations and Enter into Trust Agreements – Sponsored Mark H. Rees, City Manager.

This order authorizes the City Manager to accept donations for existing and new scholarship trusts and enter into standard form trust agreements as approved by Corporation Counsel.

Five affirmative votes are required for passage. Staff is recommending that this item be postponed to the City Council meeting of May 20th to coincide with consideration of the Appropriation Resolve.

Order 219-12/13 Order Authorizing Corporation Counsel to Undertake Civil Actions to
(Tab 16) Collect Delinquent Personal Property Taxes - Sponsored Mark H. Rees, City Manager.

This item will give Corporation Counsel a standing authorization to undertake civil actions to collect any delinquent personal property taxes that arise during the course of the fiscal year. Otherwise it would be necessary for the City Council to specifically authorize each individual legal action. This general authorization will take the place of the case by case approach.

Five affirmative votes are required for passage. Staff is recommending that this item be postponed to the City Council meeting of May 20th to coincide with consideration of the Appropriation Resolve.

Order 220-12/13 Order Approving Salary Increase for Non-Union Personnel –
(Tab 17) Sponsored Mark H. Rees, City Manager.

This Order provides a salary increase of 1.5% in FY14, beginning on July 1, 2013.

This item must be read on two separate days. This is its first reading.

Order 221-12/13 Order Designating FY14 Funds for Specific Island Services –
(Tab 18) Sponsored by Mark H. Rees, City Manager.

The municipal budget includes $40,000 for use on Peaks Island in addition to the funds used to pay for direct and indirect city services. Pursuant to a request from the Peaks Island Council will be used as follows in FY14:

$37,500 to subsidize annual and monthly ferry passes for year-round city island residents pursuant to recommendations to the City Manager from entities representing those islanders.

$2,500 for Peaks Island Council general operating budget administrative costs.

This item must be read on two separate days. This is its first reading.

BUDGET RELATED ORDINANCE AMENDMENTS:

Order 222-12/13 Amendment to Portland City Code Section 24-72(c) Re: Sewer
(Tab 19) User Charges – Sponsored by Mark H. Rees, City Manager.

In addition to economic increases in operating costs, the City continues to work on compliance with the Department of Environmental Protection decree for elimination of combined sewer overflows (CSO), at a significant cost. The Tier II plan is just finishing, and the next Tier III plan will be starting this summer. Funding of these capital projects, totaling about $230 million over more than 20 years, requires financing through bond proceeds to allow the cost to be spread over the life of the improvements. The City is also required to comply with EPA regulation related to MS4 permitting and integrated permit plan, adding additional costs to the Sewer Fund.

The funding for maintenance and capital costs for the Sewer operations is the sewer user fee, set by the City Council, and was expected to increase to accommodate the cost of CSO work. This fee was last increased in July of 2011.

The current rate is $8.11 per hundred cubic feet. The proposed rate for July 1, 2013 is $8.35 per hundred cubic feet. This is a unit increase of $0.24 cents or 3%.

This item must be read on two separate days. This is its first reading.

APPROPRIATION RESOLVE:

Order 223-12/13 Fiscal Year 2013-2014 Appropriation Resolve - Sponsored by Mark H.
(Tab 20) Rees, City Manager.

This item brings forward the Appropriation Resolve for FY2014 for action by the City Council.

The Resolve contains the City Manager’s recommended budget for FY2014 for general municipal purposes in the amount of $216,350,526. In addition it contains the Finance Committee’s recommended budget for FY2014 for school purposes.

The Finance Committee reviewed the Board of Education’s recommended budget on April 25 and April 30, and on May 2 by a vote of 3-1 recommended support for certain amendments and a final budget amount of $96,350,549.

The Finance Committee will continue its review of the City Manager’s recommended budget on at its May 9 meeting.

The tax levy based upon the Finance Committee’s School Budget and City Manager’s City Budget recommendations is $72,409,131 for municipal purposes and $74,703,001 for school purposes. This would result in a combined tax levy of $147,112,132 for FY 2014. The tax rate based on the combined levies would be $19.42 per $1,000 of assessed value, a 3.2% increase

The Appropriation Resolve also directs the Assessor of Taxes to assess a tax upon all real and personal property liable to be taxed as of April 1, 2013 and sets September 13, 2013, as the tax due date, which may be paid in two installments due on September 13, 2013, and March 14, 2014.

The delinquency rate of interest is set at 7.0% per year, and the abatement rate of interest is set at 3.0% per year.

This item must be read on two separate days. This is its first reading.

SCHOOL BUDGET ITEMS:

Order 203-13/14 Order Approving State/Local EPS Funding Allocation for Public
(Tab 21) Education from Kindergarten to Grade 12 for Portland Schools for
FY 2014 – Sponsored by the Finance Committee, Councilor John M.
Anton, Chair.

Orders 203-12/13 to 208-12/13 are orders required by State law 20-A M.R.S.A. §15690 in order to comply with what is known as LD1, a set of state laws passed to control increases in property taxes.

This order provides $76,097,112 as the amount determined by state law to be the minimum amount the city must appropriate in order to receive the full amount of state funding under the Essential Programs and Services Funding Act. This requires the city to raise $62,116,518 as the city’s contribution to the total cost of funding public education K-12 as described in the EPS law. The City’s Tax levy for the total school budget of ($97,969,952) will be $75,167,733.

This item must be read on two separate days. It was given a first reading and public hearing on April 29th. Five affirmative votes are required for passage.

Order 204-13/14 Order Approving Non-State Funded School Construction Debt Service
(Tab 22) for Portland Schools for FY 2014 – Sponsored by the Finance Committee, Councilor John M. Anton, Chair.

Non-state funded debt service is the amount of money needed for the annual payments on the City’s long-term debt for major capital school construction projects and portions of school construction projects that are not approved for state funding. The bonding of this long-term debt was previously approved by the voters or the City Council.

This order appropriates $230,713 for the annual payments on debt service previously approved by the voters or the City Council for non-state (local-only) funded school construction projects. The state no longer includes minor capital projects in this calculation. The $230,713 is in addition to the funds appropriated as the EPS required local share (amount of the city’s contribution to the total cost of funding public education from kindergarten to grade 12).

This item must be read on two separate days. It was given a first reading and public hearing on April 29th. Five affirmative votes are required for passage.

Order 205-12/13 Order Raising and Appropriating Additional Local Funds for Portland
(Tab 23) Schools for FY 2014 – Sponsored by the Finance Committee, John M. Anton, Chair.

This order appropriates $11,937,282 in additional city funds over and above regional EPS amount and the non-state funded debt service amount.

This exceeds the EPS funding model by $10,140,094 and funds the cost of city schools, Kindergarten-12, which are not covered by the state funding model established by the Essential Programs and Services Funding Act.

This item must be read on two separate days. It was given a first reading and public hearing on April 29th. Five affirmative votes are required for passage.

Order 206-12/13 Order Approving Total School Operating Budget for Portland Schools
(Tab 24) for FY 2014 – Sponsored by the Finance Committee, John M. Anton, Chair.

This order is required by 20-A M.R.S.A. §15690(4)(A). It sets the School Budget required by state law. The total amount recommended for that budget is $92,793,239.

That is the amount in the budget that under state law will be sent to the voters for approval at a citywide Referendum Election on May 14, 2013.
$74,284,513 of the $92,793,239 would come from property taxes,
$13,980,595 from state subsidy, and $4,528,131 from other revenues.

This order does not provide money unless the other General Fund budget orders passed.

This item must be read on two separate days. It was given a first reading and public hearing on April 29th. Five affirmative votes are required for passage.

Order 207-12/13 Order Appropriating and Raising Funds for Adult Education for
(Tab 25) FY 2014 as Required by the Maine Revised Statutes, Title 20-A M.R.S.A. §8603-A(1) – Sponsored by the Finance Committee, John M. Anton, Chair.

This order raises $739,004 to support the Adult Education program and appropriates a budget for that program of $1,554,004. The budgets for the Adult Education Program and for the Food Service Program in the next Order ($3,622,709) are in addition to the $92,793,239 proposed for the General Fund School Budget. Under the City Charter, the Council must act on this school funding order and the food service order, which are not part of the General Fund budget. When the amounts for the Adult Education Program ($1,554,004) and the Food Service Program ($3,622,709) are added to the proposed General Fund School Budget that must be submitted to the voters ($92,793,239) it leads to a total school budget of $97,969,959.

The total school budget ($97,969,952) will come before the Council for approval as part of the annual Appropriation Resolve on May 20th, if the voters approve the General Fund School Budget submitted to them on May 14th.

This item must be read on two separate days. It was given a first reading and public hearing on April 29th. Five affirmative votes are required for passage.

Order 208-12/13 Order to Raise Local Funds for Food Service in the Portland Public
(Tab 26) Schools for FY 2014 – Sponsored by the Finance Committee, John M. Anton, Chair.

This order raises $144,216 to support the Food Service Budget. The total proposed Food Service Program is $3,622,709, which is in addition to the General Fund School Budget. Under the City Charter, the Council must act on this school funding order and the Adult Education order, which are not part of the General Fund budget.

When the amounts for the Adult Education Program ($1,554,004) and the Food Service Program ($3,622,709) are added to the proposed General Fund School Budget that must be submitted to the voters ($92,793,239) it leads to a total school budget of $97,969,952. The total school budget will come before the Council for approval as part of the annual Appropriation Resolve on May 20th, if the voters approve the General Fund School Budget submitted to them on May 14th.

This item must be read on two separate days. It was given a first reading and public hearing on April 29th. Five affirmative votes are required for passage.

COMMUNICATIONS:

RESOLUTIONS:

ORDERS:

Order 224-12/13 Order of Condemnation Pursuant to 23 M.R.S.A. §3022 and 30-A
(Tab 27) M.R.S.A. §3402 Re: Peaks Island Sewer Extension – Winding Way – Sponsored by Mark H. Rees, City Manager.

The Council on April 22, 2013 approved the Notice of Intent to Condemn; On May 6, 2013, it is being asked to approve the Condemnation itself.

The values of these three easements to be taken are $85 and $85 at the Winding Way location, and $233 at the Diamond Pass location.

The Portland Water District (“PWD”) maintains and operates the City’s sanitary and storm water collection system on Peaks Island pursuant to the terms of a written agreement. The City Council approved an amendment to that agreement in the spring of 2012, which allowed the design and construction of an expanded sewer collection system for Island residents.
The expansion seeks to address long-term water quality services affecting Peaks Island by allowing a greater number of residents to hook up to sanitary sewer and replace older and limited septic systems that are in various stages of effectiveness.

The PWD has collected about 60 easements from land owners (much of the work will be on private, unaccepted roads), but 2 owners have not voluntarily granted needed easements over areas of those the private ways.

This eminent domain process will take (involuntarily) those 2 needed easements. The 2 needed easements will then be turned over to PWD (PWD does not take easements for distribution lines, such as new lines in this project).

Five affirmative votes are required for passage after public comment.

Order 225-12/13 Order of Condemnation Pursuant to 23 M.R.S.A. §3022 and 30-A
(Tab 28) M.R.S.A. §3402 Re: Peaks Island Sewer Extension – Diamond Pass
- Sponsored by Mark H. Rees, City Manager.

See agenda description above for details regarding this matter.

Five affirmative votes are required for passage after public comment.

Order 226-12/13 Notice of Public Hearing on Issuance of City of Portland General
(Tab 29) Obligation Bonds - Sponsored by Mark H. Rees, City Manager.

The Portland City Council will hold a public hearing in the City Council Chambers of Portland City Hall, 389 Congress Street on May 6, 2013, at 7:00 p.m. to consider a bond order authorizing the City’s general obligation bonds in the amount of $168,950,000 to finance the engineering, design, construction, renovation or improvement of the following Tier III Combined Sewer Overflow Projects over an estimated 15-year period as directed by a consent decree with the U.S. Environmental Protection Agency:

Back Cove South 3.5 MG Storage Conduit
Back Cove West 3.5 MG Storage Conduit
Fore River 5 MG Storage Conduit
Portland Harbor 3 MG Storage Conduit
East End WWTP Upgrade/HRC
Sewer Separation Green Project Allowance

Five affirmative votes are required for passage after public comment.

Order 227-12/13 Order Authorizing General Obligation Bonds to Finance a Portion of
(Tab 30) the Tier III Projects of the City’s Combined Sewer Overflow Program in the Amount of $168,950,000 – Sponsored by Mark H. Rees, City Manager.

These Council Orders authorize funding of $168,950,000 for the 15-year Tier III Combined Sewer Overflow (CSO) plan that was approved by the Council in June of 2011 and by the Department of Environmental Protection (DEP) in April of 2013. Tier III is the next stage of our Consent Decree with the DEP.

The funding process for Tier III will mirror what was done for Tier II. Authorization for the total amount of the plan allows us to confirm to the DEP that the City is committed to completing the work and allows for flexibility in starting projects, some of which will overlap. It also allows flexibility within the individual projects, where some may cost more and some may cost less, depending on economic conditions that affect bidding and pricing of work.

The City will continue to utilize the State Revolving Loan Fund as long as it continues to be economically beneficial to the City, which it has been throughout the Tier II with the most recent financing at 1% interest. It is important to note that the total amount expended or financed will not exceed the amount authorized by the Council.

The first reading and public hearing is scheduled for the May 6, 2013, agenda and has been advertised as such. The second reading is scheduled for the May 20 Council meeting.

Order 228-12/13 Order Appropriating $168,950,000 for the City’s Tier III Projects of
(Tab 31) the City’s Combined Sewer Overflow Program – Sponsored by Mark H. Rees, City Manager.

See agenda description above for details regarding this matter.

The first reading and public hearing is scheduled for the May 6, 2013, agenda and has been advertised as such. The second reading is scheduled for the May 20th meeting.

AMENDMENTS:

Order 229-12/13 Amendment to Portland City Code Chapter 15, (Licenses and Permits),
(Tab 32) Section 15-12 (Fees and Expiration Dates) Re: Pushcarts – Sponsored by Katherine L. Jones, City Clerk.

On November 19, 2013, the City Council passed amendments to Chapter 11, Food and Food Handlers. The focus of these amendments was to make the food code compliant with the State Code, and to add specific provisions regarding community kitchens.

These amendments failed to address the fees that should be charged for the various items associated with community kitchens. As such, City staff proposes to amend Chapter 15, License and Permits, to reflect the amendments in Chapter 11 regarding community kitchens and to specifically address the fees associated with the licensing of community kitchens. City staff further recommends that the operator/owner of the community kitchen be charged a yearly license fee of $420.00, and that each user of the community kitchen be charged an annual fee of $100.00.

On another note, staff also recommends that language be added to the City Code which reduces the fee for a Temporary Food Service License for a nonprofit organization if the nonprofit is giving 100 percent of the proceeds of the event back to the organization.

This item must be read on two separate days. This is its first reading.

Order Amendment to Portland City Code Chapter 19 Peddlers and
(Tab) Solicitors – Sponsored by the Public Safety, Health and Human Services Committee, Councilor Edward J. Suslovic, Chair.

At their January and February meetings, the Public Safety, Health and Human Services Committee considered changes to the city’s street artist ordinance and regulations pursuant to recommendations from the Street Artist Task Force.

After extensive public comment and debate at both meetings, the committee voted on February 12th in favor of recommending the following changes to the full City Council for review and approval:

- Requiring street artists to register with the city and to display the registration during operations (3-1);
- Prohibiting street artist operation within a designated “fireboat evacuation zone” in and adjacent to Bell Buoy Park , as defined by the Fire Department (map included in the agenda backup) (4-0);
- Prohibiting street artists from operating in such a way as to create a public safety hazard (see definition below) (4-0). A “Public Safety Hazard” is defined as: “Any open, unsecured, or unsafe hazard that could damage, harm or endanger the public’s health, safety or welfare including, but not limited to, access to or use of open flames and/or hazardous materials, tools or chemicals.”

This item must be read on two separate days. This is its first reading.

LICENSE RENEWALS:

REQUEST FOR EXECUTIVE SESSION: