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 7, 2012

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 23, 2012
Special City Council Meeting April 30, 2012

ANNOUNCEMENTS:

RECOGNITIONS:

PROCLAMATIONS:

Proc 34-11/12 Proclamation Honoring Maine Walks for Haiti, May 12, 2012 –
(Tab 2) Sponsored by Mayor Michael F. Brennan.

Proc 35-11/12 Proclamation Honoring National Nursing Home Week, May 13-19,
(Tab 3) 2012 – Sponsored by Mayor Michael F. Brennan.

Proc 36-11/12 Proclamation Proclaiming National Public Works Week - May 20-26,
(Tab 4) 2012– Sponsored by Mayor Michael F. Brennan

Proc 37-11/12 Proclamation Proclaiming Portland Bike Month – May, 2012,
(Tab 5) Portland Bike to School Day, May 9, 2012, and Portland Bike to Work
Day, May 18, 2012 – Sponsored by Mayor Michael F. Brennan. 

APPOINTMENTS:

Order 171-11/12 Order Appointing Councilor John M. Anton to Metro Board –
(Tab 6) Sponsored by Mayor Michael F. Brennan.

Five affirmative votes are required for passage after public comment.

CONSENT ITEMS:

Order 172-11/12 Order Setting Time for Opening of Polls for Election on June 12, 2012
(Tab 7) – Sponsored by Katherine L. Jones, City Clerk.

Pursuant to 21-A M.R.S.A. §621, the hour of the poll opening must be set by the municipal officers for the June 12, 2012 election. This is done for every election. The polls will open at 7:00 a.m.

Order 173-11/12 Order Declaring “26th Annual Southern Maine Pride Celebration
(Tab 8) Festival” – Sponsored by Mark H. Rees, City Manager

This order declares Saturday, June 10th to Sunday, June 17, 2012, as the 26th Annual Southern Maine Pride Celebration Festival”. The actual festival on city grounds takes place on Saturday, June 16th.

The following activities have been requested:

The use of Monument Square, One City Center sidewalk, Preble Street from Cumberland Avenue to Congress Street, Federal Street Extension, and Center Street from Free to Congress Street on Saturday, June 16th, from 10:30 a.m. to 12:30 p.m., as a gathering point for parade participants. Parade assembly begins at 10:30 a.m.

The use of Congress Street from Elm Street to High Street, High Street from Congress Street to park Avenue, Park Avenue from High Street to State Street, and State Street Ext., crossing over State Street Extension to Deering Oaks park (Bowling Green Pathway Entrance) for the parade which will begin at 12:30 p.m.

The use of Deering Oaks Park (Park Avenue side of the park) for Pride Festival from noon to 7:00 p.m. on Saturday.

Since the festival is now held on the south side of the pond and ravine area, the Farmers’ Market will still be held in Deering Oaks that day, and the farmers will exit the park at their usual time, which is approximately 1:00 p.m.

Street closings are included in the agenda backup.

Order 174-11/12 Order Declaring Cabot Creamery Cooperative “Celebrate Portland
(Tab 9) Festival” – Sponsored by Mark H. Rees, City Manager.

2012 is the International Year of Cooperatives. To celebrate this milestone, Cabot Creamery Cooperative (Cabot Cheese) is organizing an East Coast Community Tour where eight festivals are held up and down the east coast.

The final stop of the tour will be Portland on July 7, 2012. Payson Park has been selected as the main site for the festival, but the Preble Street grass area and Back Bay Cove pathway surrounding Back Cove will also be part of the festival zone.
The festival will run from 10:00 a.m. to 2:00 p.m. and is geared for the entire family. The festival will emphasize healthy activities and refreshments and highlight many of the cooperatives, organizations and non-profits in Portland that make the city so community oriented. Local partners include: Portland Trails, Maine Island Trails, Bike Coalition of Maine, Maine Commission on Community Service, United Way of Greater Portland, and Maine Credit Union League. There will also be music at the park and fun activities for kids.

In order to safely hold the festival, some of the roadways into Payson Park will need to be closed to traffic for the morning and early afternoon.

Order 175-11/12 Order Declaring Fenix Theater Company’s “Shakespeare in the Park”
(Tab 10) at Deering Oaks Park – Sponsored by Mark H. Rees, City Manager.

This order declares Fenix Theater Company’s “Shakespeare in the Park”, running July 19, 20, 21, 26, 26, 28, and August 2, 3, 4, 9, 10, 11, 2012, from 6:30 p.m. to 8:30 p.m. at Deering Oaks Park as a festival.

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

LICENSES:

BUDGET ITEMS:

PUBLIC COMMENT WILL BE TAKEN ON BUDGET ORDERS 176-11/12 -187-11/12

Order 176-11/12 Order Authorizing FY 2013 Administrative Fees in Various
(Tab 11) Departments – Sponsored by the Finance Committee, Councilor John
M. Anton, Chair.

This order authorizes certain administrative charges. The increases and new fees are located in the following departments and/or divisions: Parking (Garage Hourly/Daily Rate & Pass Fee) and Public Services:  

Districting (East End Beach Fees), Solid Waste (Compost Items, Rain Barrels & Recycling Bins), Street Opening Fees, and Golf Course (High School Fees).

Five affirmative votes are required for passage. Staff is recommending that this item be postponed to the City Council meeting of May 21st to coincide with consideration of the Appropriation Resolve.

Order 177-11/12 Order Authorizing City Manager to Enter into Certain Agreements to
(Tab 12) Implement the FY 2013 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 2013 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 178-11/12 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 21st to coincide with consideration of the Appropriation Resolve.

Order 179-11/12 Order Authorizing City Manager to Enter into Certain Agreements to
(Tab 14) Implement the FY 2013 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 180-11/12 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 21st to coincide with consideration of the Appropriation Resolve.

Order 181-11/12 Order Authorizing Corporation Counsel to Undertake Civil Actions to
(Tab 16) Collect Delinquent Personal Property Taxes - Sponsored by the Finance Committee, Councilor John M. Anton, Chair.

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 21st to coincide with consideration of the Appropriation Resolve.

Order 182-11/12 Order Amending 2002 Waterfront Tax Increment Financing Plan and
(Tab 17) Appropriating Funds – Sponsored by the Finance Committee, Councilor John M. Anton, Chair.

In 2002, the City Council approved the creation of the Waterfront Tax Increment Financing and Economic Redevelopment Program (2002 Waterfront TIF). As described in the Development Programs for this TIF District, the City Council is allowed to decide on a yearly basis the amount of tax revenue to capture from the TIF Program.

For FY13, the City Manager is budgeting for a captured value of 67% from the Waterfront TIF Program. The retained funds will continue to be used to fund debt service associated with the City’s share of the Ocean Gateway project and support of the redevelopment of the Cumberland Cold Storage building at 252 Commercial Street per an approved TIF Credit Enhancement Agreement.

All funds retained are used in support of economic development initiatives outlined in the TIF District’s Development Program, which was reviewed and approved by the Council and the State Department of Economic and Community Development.

A public hearing on this amendment must be held in conjunction with the adoption of the City budget, and if approved, will be forwarded on to the State for their review and approval.

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

Order 183-11/12 Order Amending 2003 Bayside Tax Increment Financing Plan and
(Tab 18) Appropriating Funds – Sponsored by the Finance Committee, Councilor John M. Anton, Chair.

In 2003, the City Council approved the creation of the Bayside Tax Increment Financing Program (Bayside TIF). As described in the Development Program for this TIF District, the City Council is allowed to decide on a yearly basis the amount of tax revenue to capture from the TIF Program.

For FY13, the City Manager is budgeting for a captured value of 48% from the Bayside TIF program. All funds retained are used in support of economic development initiatives outlined in the TIF District’s Development Program, including repayment of the HUD 108 loan and to pay two current Credit Enhancement Agreements.

A public hearing on this amendment must be held in conjunction with the adoption of the City budget, and if approved, will be forwarded on to the State for their review and approval.

Order 184-11/12 Order Amending Creative Portland Development and Arts Tax
(Tab 19) Increment Financing District and Amending the Development Program for the District – Sponsored by the Housing and Community Development Committee, Councilor Nicholas M. Mavodones, Jr., Chair.

In 2008, the City Council approved the creation of the Creative Portland Development and Arts or “Arts” Tax Increment Financing (TIF) District for a term of 10 years. As described in the Development Program for this TIF District, the City Council is allowed to decide on a yearly basis the amount of tax revenue to capture from the TIF Program, with a total maximum cap of $100,000.

Two amendments are proposed to the “Arts” TIF District to include:

(1) Increasing the maximum cap up to $100,000 annually to support the Creative Portland Corporation (CPC) to carry out TIF eligible activities including staff salaries, community marketing and promotion in addition to funding existing approved Credit Enhancement Agreements (CEA’s) in the District.  

(2) At this time, there is one such CEA which was entered into for the redevelopment of the historic Baxter Library building.

(3) Extending the TIF District term by five (5) years to Fiscal Year 2024.

The Arts TIF District Program amendments are included in the agenda backup.

The City Manager’s Fiscal Year 2013 Budget recommendation includes fully funding Creative Portland (CP) Corporation at $100,000 in addition to funding the Baxter Library Project Credit Enhancement Agreement (CEA). This funding recommendation has been incorporated into the Finance Committee Fiscal Year 2013 Budget Resolve which the City Council will take action in May. Funding both Creative Portland and Baxter Library Project CEA requires a TIF District amendment.

If approved, these amendments will be forwarded to the Maine Department of Economic and Community Development for their review and approval.

For Fiscal Year 2013, the estimated financial impact is to provide $100,000 to the Creative Portland Corporation and to fund the Baxter Library Project TIF CEA estimated to be $35,000.

The Housing and Community Development Committee will meet on May 9, 2012 to discuss and make a recommendation on this item.

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

Order 185-11/12 Order Designating FY13 Funds for Specific Island Services –
(Tab 20) Sponsored by the Finance Committee, Councilor John M. Anton, Chair.

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 FY13:

$30,000 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.

$5,000 for scholarship for children at Peaks Island Children’s Workshop

$5,000 for the Island Transportation System

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

BUDGET RELATED ORDINANCE AMENDMENTS:

Order 186-11/12 Amendment to Portland City Code Chapter 25 §119 (Streets,
(Tab 21) Sidewalks and Other Public Places) Re: Excavator’s License Fee - Sponsored by the Finance Committee, Councilor John M. Anton, Chair.

This order amends the street opening excavator license fee from $576.00 annually to $595.00 annually.

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

APPROPRIATION RESOLVE:

Order 187-11/12 Fiscal Year 2012-2013 Appropriation Resolve - Sponsored by the
(Tab 22) Finance Committee, Councilor John M. Anton, Chair.

This item brings forward the Appropriation Resolve for FY 2013 for action by the City Council.

The Resolve contains the City Manager’s recommended budget for FY 2013 for general municipal purposes in the amount of $206,764,591. In addition it contains the Board of Education’s recommended budget for FY 2013 for school purposes in the amount of $94,948,537.

The Finance Committee reviewed the Board of Education’s recommended budget on April 25, 2012 and by a vote of 3-1 recommended support for certain amendments and a final budget amount of $94,247,448.

The Finance Committee made a final review of the City Manager’s recommended budget on April 25, 2012, and by a vote of 3-1 recommended certain amendments and a final budget amount of $206,355,346.

The tax levy based upon the Finance Committee’s recommendations would be $69,649,900 for municipal purposes and $72,124,862 for school purposes. This would result in a combined tax levy of $141,774,762 for FY 2013. The tax rate based on the combined levies would be $18.82 per $1,000 of assed value, a 2.9% 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, 2012 and sets September 7, 2012, as the tax due date, which may be paid in two installments due on September 7, 2012, and March 8, 2013.

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:

COMMUNICATIONS:

RESOLUTIONS:

UNFINISHED BUSINESS:

Resolve 14-11/12 Resolution Adopting the FY 2013 HOME Program and Appropriating
(Tab 23) Funds for that Program – Sponsored by the Housing and Community Development Committee, Councilor Nicholas M. Mavodones, Jr., Chair.

This Resolve approves the 2012-2013 Housing Program Budget as recommended by the Housing & Community Development Committee.

At its meeting on April 11th, the HCD Committee voted 3-0 to send this item to the Council with a recommendation for passage.

This item must be read on two separate days. It was given a first reading on April 23rd. Five affirmative votes are required for passage.

Order 158-11/12 Order Approving Memorandum of Agreement for Regional Traffic
(Tab 24) Management Systems – Sponsored by Mark H. Rees, City Manager.

Department of Public Services has been working with PACTS staff over the past two years on development of a regional traffic management system plan. Through the PACTS Unified Planning and Work Program (UPWP), the Municipalities of Portland, South Portland, Scarborough and Westbrook and the Portland Area Comprehensive Transportation System (PACTS) have developed a regional plan to implement and manage a coordinated Regional Traffic Management System (RTMS) for traffic signals. A Memorandum of Agreement is needed (MOA) to outline the working relationships with PACTS and the participating communities, and for the maintenance and service support as the plan is implemented with new traffic signal equipment along key corridors within the participating communities. The other participating communities have signed off on the Agreement and PACTS now needs the City’s endorsement to move forward with implementation.

This item must be read on two separate days. It was given a first reading on April 23rd. Five affirmative votes are required for passage after public comment.

Order 161-11/12 Order Amending Waiver Fee Schedule – Sponsored by Mark H. Rees,
(Tab 25) City Manager.

The waiver fee is a charge levied for a parking violation when the responsible person or entity wants to pay a fee rather than go to court.

This is a one reading item; however it was postponed to this meeting to coincide with consideration of companion Order 162-11/12. Five affirmative votes are required for passage.

Order 162-11/12 Amendment to Portland City Code Chapter 28 (Traffic and Motor
(Tab 26) Vehicles) Article I. in General; Article II. Administration and
Enforcement; and Article III. Stopping, Standing and Parking - Sponsored by Mark H. Rees, City Manager.

These amendments to the City’s Traffic and Motor Vehicle Code are necessary to incorporate language that will allow the City to use multi-spaced metered parking and enforce violations related to that use.

Companion Order 161-11/12 amends the current waiver fee schedule for parking violations so that a $15 waiver fee will be charged parking space controlled by a multi-space meter with an expired receipt, no receipt, or with a receipt that has been placed face down inside the vehicle so that it cannot be read by a parking control officer. Parking will also be allowed using a receipt in single spaces controlled by a single meter.

The City plans to install 18 multi-space parking units to control approximately 200 spaces that are now controlled by single-space meters by the end of May at the latest.

Parking in these spaces will be allowed for up to 2 hours after a person gets a receipt from the meter and places it face up inside their car’s front windshield so that it can be read by a parking control officer.

This item must be read on two separate days. It was given a first reading on April 23rd. Five affirmative votes are required for passage after public comment.

Order 163-11/12 Amendment to Portland City Code Chapter 4 Amusements Division 2
(Tab 27) (License) Section 4-51 (Required) – Sponsored by the Public Safety and Health and Human Services Committee, Councilor Edward J. Suslovic, Chair. 

The proposed ordinance changes to the after-hours entertainment ordinance arose out of recommendations received from the Portland Police Department as modified by the Public Safety Committee (PSHHS) at the Committee’s meeting on March 15th.

The proposed amendment retains the current restrictions that require after-hours entertainment to end at 3:00 a.m. and that place age limitations on individuals who attend after-hours entertainment depending upon whether the facility holding the after-hours event has a liquor license or not.

New restrictions and requirements are that:

• Any applicant for an after-hour license shall meet with the Police Department for review of the security plan and site visit before the license is brought before the City Council

The purpose of this requirement is to insure best practices are considered and address concerns specific to each application and location.

• The license shall allow no more than two, after-hour events per calendar month.

• In addition to the after-hours license at least seven days in advance of each event, the license holder shall deliver a written notice to the Clerk’s office during normal business hours that specifies the date upon which the event will be held. The Clerk will forward the notice immediately to the Police Department, track the number and frequency of events per licensee for calendar month and inform a licensee if an event is not allowed.

The proposed amendment has an effective date of March 15, 2012, the date upon which the PSHHS voted to recommend passage of the amendment by a vote of 3-1 (Marshall).

If enacted as proposed, the effective date will require any applicant who files for an after-hours license after March 15, 2012 to meet the conditions in this proposed amendment.

This item must be read on two separate days. It was given a first reading on April 23rd. Five affirmative votes are required for passage after public comment. 

Order 164-11/12 Amendment to Portland City Code Sec. 14-49 (Zoning Map
(Tab 28) Amendment) Re: Conditional Rezoning for Property in Vicinity of 81- 85 Danforth Street – Sponsored by the Planning Board, Carol Morrissette, Chair.

Danforth on High, LP is requesting an amended conditional zone agreement for the property at 81-85 Danforth Street (corner of Danforth and High Streets).

On December 17, 2007, the City Council adopted a conditional zoning agreement with Random Orbit, Inc. for 81-85 Danforth Street (C-49), which rezoned the site from Residential R-6 to a conditional R-7 for 26 unites of market-rate condominiums with a reduced number of parking spaces and two shared vehicles for use by residents.

Danforth on High, LP, has a purchase and sale agreement for the site and is requesting to amend the conditional zone agreement to increase the number of housing units from 26 condominiums to 30 affordable units for elder tenants, to revise the parking plan, and to change the ownership from Random Orbit to Danforth on High, LP, a subsidiary of Community Housing of Maine.

The Planning Board has held two workshops on the proposal to amend the conditional zone agreement, and the public hearing was held on April 24, 2012.

On April 24, 2012, the Planning Board held a public hearing on proposed amendments to the conditional rezone agreement for 81-85 Danforth Street, which is requested by Danforth on High, L.P. The Planning Board voted unanimously (6-0 Lewis absent) as follows:

A. That the proposed Amended Conditional Zone Agreement for 81-85
Danforth Street for 30 units of senior citizen rental housing as described in this report is consistent with the Comprehensive Plan of the City of Portland.

B. That the proposed Conditional Zone Agreement proposed for 81-85 Danforth Street is in compliance with the standards set out in 14-60-62.

C. That the Planning Board, therefore, recommends the Conditional Rezoning and associated Amended Conditional Zone Agreement for 81-85 Danforth Street to the City Council for its approval, subject to the following recommendation:

a) Given the lack of open space on the site and the requested density, the community contribution shall be $19,000. $14,000 of this contribution shall be dedicated to improvements at the Pleasant Street Park, and the remaining $5,000 of this contribution shall be dedicated to the City’s street tree fund and may also be applied to the street tree and landscaping needs of Pleasant Street park.

b) Retain the language requiring the applicant to maintain the planter along Danforth Street with appropriate seasonal flowers or plants.

The amended Council Order incorporates the Planning Board’s recommendation.

This item must be read on two separate days. It was given a first reading on April 23rd. Five affirmative votes are required for passage after public comment.

SCHOOL BUDGET ITEMS:

PUBLIC COMMENT WAS TAKEN ON ALL SCHOOL BUDGET ORDERS ON APRIL 30, 2012.

Order 165-11/12 Order Approving State/Local EPS Funding Allocation for Public
(Tab 29) Education from K-12 for Portland Schools for FY 2013 – Sponsored by the Finance Committee, Councilor John M. Anton, Chair.

Orders 165 to 170 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.

These orders include amounts recommended by the School Committee and Finance Committee that are the result of the actions taken on earlier orders.

This order provides $74,892,042 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 $60,827,131 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 ($94,247,448) will be $72,124,862.

This item must be read on two separate days. It was given a first reading and public hearing on April 30th. Five affirmative votes are required for passage. 

Order 166-11/12 Order Approving Non-State Funded School Debt Service for Portland
(Tab 30) Schools for FY 2013 – 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 $19,693 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 and non-state (local-only) funded portions of school construction projects. The state no longer includes minor capital projects in this calculation. The $19,693 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 give a first reading and public hearing on April 30th. Five affirmative votes are required for passage.

Order 167-11/12 Order Raising and Appropriating Additional Local Funds for
(Tab 31) Portland Schools for FY 2013 – Sponsored by the Finance Committee, John M. Anton Chair.

This order appropriates $10,535,862 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 $8,770,214 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 30th. Five affirmative votes are required for passage.

Order 168-11/12 Order Approving Total School Operating Budget for Portland Schools
(Tab 32) FY 2013 – Sponsored by the Finance Committee, Councilor 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 $89,079,976.

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 15, 2012. $71,382,686 of the $89,079,976 would come from property taxes, $14,064,911 from the state subsidy and $3,632,379 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 30th. Five affirmative votes are required for passage.

Order 169-11/12 Order Appropriating and Raising Funds for Adult Education for
(Tab 33) FY 2013 as Required by the Maine Revised Statutes, Title 20-A
M.R.S.A. §8603-A(1) – Sponsored by the Finance Committee, Councilor John M. Anton, Chair.

This Order raises $742,176 to support the Adult Education program and appropriates a budget for that program of $1,552,675. The budgets for the Adult Education Program and for the Food Service Program in the next Order ($3,614,797) are in addition to the $89,079,976 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 ($1,552,675) and the Food Service Program ($3,614,797) are added to the proposed General Fund School Budget that must be submitted to the voters ($89,079,976) it leads to a total school budget of $94,247,448. The total school budget ($94,247,448) will come before the Council for approval as part of the annual Appropriation Resolve on May 21st, if the voters approve the General Fund School Budget submitted to them on May 15th.

This item must be read on two separate days. It was given a first reading public hearing on April 30. Five affirmative votes are required for passage.

Order 170-11/12 Order Appropriating and Raising Funds for the Food Service Budget in
(Tab 34) the Portland Public Schools for FY 2013 – Sponsored by the Finance Committee, Councilor John M. Anton, Chair.

This order raises $0 to support the Food Service Budget. The total proposed Food Service Program is $3,614,797, 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 ($1,552,675) and the Food Service Program ($3,614,797) are added to the proposed General Fund School Budget that must be submitted to the voters ($89,079,976) it leads to a total school budget of $94,247,448. The total school budget ($94,247,448) will come before the Council for approval as part of the annual Appropriation Resolve on May 21st, if the voters approve the General Fund School Budget submitted to them on May 15th.

This item must be read on two separate days. It was given a first reading and public hearing on April 30. Five affirmative votes are required for passage.

ORDERS:

Order 188-11/12 Order Approving Application for New Freedom Program Grant Fund
(Tab 35) and Authorizing City State Agreement – Sponsored by Mark H. Rees, City Manager.

This year the MaineDOT created a new grant program totally funded by 100% federal (Federal Transit Administration) and state funds. No city funds are required. The primary objective is to fund and build this year projects that remove infrastructure barriers for persons with disabilities to fixed-route transit services, such as METRO.

Some examples of eligible projects include: improvements and enhancements to sidewalks; pedestrian signalization projects such as accessible pedestrian systems, pedestrian countdown heads, and pedestrian activated flashing beacons; and construction of ADA-accessible ramps that connect into fixed-route transit service.

$500,000 is available for the program for urban areas in Maine. MaineDOT will design, bid and do the necessary construction management for the selected projects in coordination with the City. Selected projects will be constructed this fall. The maximum project cost is $50,000.

This order authorizes the city to apply for a grant for the following projects:

• Monument Square/METRO Pulse Access (Congress Street/Elm Street and Congress St/Preble Street intersections) – served by 6 METRO routes and other fixed route/inter-city providers - new and reconstructed curb ramps for ADA-compliance, new/relocated pedestrian signals, new crosswalks and new/relocated bus stop.

Based upon the MaineDOT site visit this project will be split into two distinct projects, one at each intersection. (Approx. combined cost of two projects: $70,000).

• Forest Avenue (Route 302) at Preble Street Extension/Falmouth Street (east side of intersection) – served by METRO Route 2 - Curb extensions, new crosswalk, new ADA-compliant curb ramps, pedestrian signals, new ADA-compliant bus stop landing pad, and new sidewalk extension to curb ramps. (Approx. cost: $50,000)

• Auburn Street (Route 26/100)/Northgate Plaza area – served by METRO Route 3 - new sidewalk and ramps to provide ADA access to bus stop/bus shelter, to abutting properties/businesses and school walking route.

Based upon the MaineDOT site visit this project will be revised to add an additional segment of sidewalk and potentially a pedestrian crossing of Auburn Street. (Approx. revised cost: $50,000)

• Brighton Avenue (Route 302) - Barron Center served by METRO Route 4 – new and rehabilitated curb ramps for ADA-compliance, sidewalk rehabilitation for ADA-compliance/bus stop access, driveway entrance retro-fit for ADA-compliance, new ADA-compliant bus stop landing pad and relocated pedestrian push-button. (Approx. cost: $37,500)

This order also authorizes the Manager to execute a municipal/state agreement and any other agreement necessary for these projects.

Five affirmative votes are required for passage after public comment.

AMENDMENTS:

LICENSE RENEWALS:

REQUEST FOR EXECUTIVE SESSION: