Name of Body: City Council
Agenda for the Meeting of: May 15, 2017
Meeting Begins: 7:00 P.M.
Location: City Hall Council Chambers
A. Acceptance of Minutes
B. Communications from City Manager
C. Reports from Boards and Committees
Arts and Historic Preservation Committee
O’Neil Street Facility Re-Use Planning Committee
Business Licenses - New Renewals
Occupancy Permits - March April
D. Petitions and Communications
E. Appointment Calendar
1. ORDER #114-15/16 – Board of Assessment Review, District Two (Smith), for an unexpired term which expires on 03/16/19. Postponed since 03/21/16. Passage requires majority vote.
2. ORDER #112-16/17 – Board of Assessment Review, District Five (Fox), for a term which expires 12/31/19. Postponed since 1/4/17. Passage requires majority vote.
3. ORDER #151-16/17 – Board of Appeals, District At-Large (Henderson), for an unexpired term which expires on 7/23/19. Passage requires majority vote.
4. ORDER #179-16/17 – Energy & Recycling Committee, District One (Morgan), for an unexpired term expiring 05/05/18. Passage requires majority vote.
5. ORDER #180-16/17 – Planning Board, District Three (Rose), for an unexpired term expiring 04/01/18. Passage requires majority vote.
6. ORDER #183-16/17 – Arts & Historic Preservation Committee, District One (Morgan), for an unexpired term expiring 10/20/19. Passage requires majority vote.
7. ORDER #189-16/17 – Energy & Recycling Committee, District At-Large (Henderson), appointing Greg Williams for an unexpired term expiring 05/05/2020. Passage requires majority vote.
8. ORDER #190-16/17 – Energy & Recycling Committee, District At-Large (Beecher), for an unexpired term expiring 05/05/2020. Passage requires majority vote.
9. ORDER #191-16/17 – Energy & Recycling Committee, District At-Large (Beecher), appointing Daniel Paul for an unexpired term expiring 05/05/2020. Passage requires majority vote.
10. ORDER #192-16/17 – Conservation Commission, District Three (Rose), for an unexpired term expiring 03/03/2020. Passage requires majority vote.
F. Consent Calendar
Passage of Consent Calendar requires majority vote.
11. ORDER #193-16/17 – Granting street closure of Broadway on May 29, 2017 from 10:30 am to 12:00 pm for the Memorial Day Parade.
12. ORDER #194-16/17 – Granting street closure of Fort Road, Benjamin Pickett Street, and Surfsite Road from 7:00 am to 1:00 pm for a triathlon on July 22 and 23, 2017 for Tri For A Cure.
13. ORDER #195-16/17 – Granting street closure of Ocean Street from the intersections of A Street to D Street from 2:00 pm to 10:00 pm on August 12, 2017 for the Knightville Street Festival.
G. Citizen Discussion (First Part)
H. Public Hearings and Action
14. ORDINANCE #18-16/17- Amending Chapter 27, “Zoning Ordinance,” regarding extension of moratorium on the land use permitting and development of retail marijuana establishments and marijuana social clubs. Passed first reading on May 1, 2017. ROLL CALL VOTE. Passage requires five (5) affirmative votes.
15. ORDINANCE #19-16/17 - Amending Chapter 14, “Licensing”, regarding extension of moratorium on the licensing of retail marijuana establishments and marijuana social clubs. Passed first reading May 1, 2017. ROLL CALL VOTE. Passage requires majority vote.
16. ORDER #196-16/17 – Granting Chicago Dogs, 671 Main Street, a F/E Restaurant with Liquor License. Passage requires majority vote.
I. Action on Old and New Business
17. RESOLVE #13-16/17 – Amending Resolve #6-16/17 condemning violence and hate speech, and expressing solidarity with Muslims and all those targeted for their ethnicity, race, or religion. Postponed on May 1, 2017. Passage requires majority vote.
18. RESOLVE #14-16/17 – Adopting a Proclamation recognizing Sybil Riemensnider for her contribution to The South Portland Food Cupboard. Passage requires majority vote.
19. ORDER #197-16/17 – Award of Bid #31-17 to Chicago Dogs, of South Portland, ME, for the lease of the Willard Beach Concession Building. Passage requires majority vote.
20. ORDER #198-16/17 – Accepting miscellaneous donations. Passage requires majority vote.
21. RESOLVE #15-16/17 – Adopting a Proclamation regarding Memorial Day. Passage requires majority vote.
22. ORDER #199-16/17 – Authorizing the City Manager to sign two license agreements with Portland Pipe Line Corporation extending the term for property used for the Greenbelt Walkway; one near Benjamin W. Pickett Street, and one behind Bonnybriar Road. Passage requires majority vote.
23. ORDER #200-16/17 – Award of Bid #26-17 to Penta, of Moultonboro, NH, for an Aeration Splitter Project at the Water Resource Protection Facility. Passage requires majority vote.
24. RESOLVE #16-16/17 - That $19,050,373 be expended for Regular Instruction. Passage requires majority vote.
25. RESOLVE #17-16/17 - That $9,089,213 be expended for Special Education. Passage requires majority vote.
26. RESOLVE #18-16/17 - That $347,500 be expended for Career and Technical Education. Passage requires majority vote.
27. RESOLVE #19-16/17 - That $957,076 be expended for Other Instruction. Passage requires majority vote.
28. RESOLVE #20-16/17 - That $3,983,869 be expended for Student and Staff Support. Passage requires majority vote.
29. RESOLVE #21-16/17 - That $1,445,177 be expended for System Administration. Passage requires majority vote.
30. RESOLVE #22-16/17 - That $2,497,874 be expended for School Administration. Passage requires majority vote.
31. RESOLVE #23-16/17 - That $2,008,911 be expended for Transportation and Buses. Passage requires majority vote.
32. RESOLVE #24-16/17 - That $4,328,601 be expended for Facilities Maintenance. Passage requires majority vote.
33. RESOLVE #25-16/17 - That $4,660,304 be expended for Debt service and Other Commitments. Passage requires majority vote.
34. RESOLVE #26-16/17 - That $438,520 be expended for All Other Expenditures. Passage requires majority vote.
35. RESOLVE #27-16/17 - That $35,855,791.50 be appropriated for the total cost of funding public education from pre-kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and that $29,883,101.17 be raised as the City’s contribution to the total cost of funding public education from pre-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. Passage requires majority vote.
Explanation: The City’s contribution to the total cost of funding public education from pre-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 municipality must raise in order to receive the full amount of State dollars.
36. RESOLVE #28-16/17 - That $4,057,799 be raised and appropriated for the annual payments on debt service previously approved by the voters for non-State funded school construction projects and non-State funded portions of school construction projects in addition to the funds appropriated as the local share of the City’s contribution to the total cost of funding public education from pre-kindergarten to grade 12. Passage requires majority vote.
Explanation: Non-State funded debt service is the amount of money needed for the annual payments on the City’s long-term debt for major school construction projects that are not approved for state subsidy. The bonding of this long-term debt was previously approved by the voters of the City as follows:
SPHS Auditorium/Cafeteria Construction, approved by voters on November 8, 1994
Elementary Schools Construction and Renovation, approved by voters on November 6, 2001
SPHS Addition and Renovation, approved by voters on November 2, 2010
37. RESOLVE #29-16/17 - That $7,155,414.83 be raised and appropriated in additional local funds, which exceed the State’s Essential Programs and Services Allocation model by $6,394,662.67 as required to fund the budget recommended by the Board of Education. Passage requires majority vote.
The Board of Education recommends $7,155,414.83 for additional local funds and gives the following reasons for exceeding the State’s Essential Programs and Services funding model by $6,394,662.67.
Co-curricular/Athletic costs not recognized by EPS
Maintaining/Staffing two small Middle Schools rather than one
Staffing for Nursing Services greater than acknowledged by EPS
Maintaining/Staffing five small Elementary Schools rather than four
Class Size Targets less than State standard
Purchase of one 84 passenger Type D school bus
Lease payment for SPHS iPads
Capital Improvement Projects for Mahoney, Memorial and SPHS approved by voters on June 9, 2009
Explanation: The additional local funds are those locally raised funds over and above the municipality’s local contribution to the total cost of funding public education from pre-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 school department budget for educational programs.
38. RESOLVE #30-16/17 -– That the Board of Education be authorized to expend $48,807,418 for the fiscal year beginning July 1, 2017 and ending June 30, 2018 from the municipality’s contribution to the total cost of funding public education from pre-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. Passage requires majority vote.
39. RESOLVE #31-16/17 - That the City of South Portland will appropriate $25,000 for Adult Education and raise $25,000 as the local share; with authorization to expend any additional, incidental, or miscellaneous receipts in the interest and for the well-being of the adult education program. Passage requires majority vote.
40. RESOLVE #32-16/17 - That the City of South Portland will raise and appropriate $430,000 in additional local dollars in support of the food service program. Passage requires majority vote.
41. RESOLVE #33-16/17 – That the Board of Education be authorized to expend such other sums as may be received for state and federal grants or programs or other sources during the fiscal year for school and/or adult education purposes provided that such grants, programs or other sources do not require the expenditure of other funds not previously appropriated. Passage requires majority vote.
42. RESOLVE #34-16/17- That the Board of Education be authorized to use all or part of additional state subsidy received, if any, to increase expenditures for school purposes in cost center categories approved by the School Board, increase the allocation of finances in a reserve fund approved by the School Board, and/or decrease the local cost share expectation, as defined in Title 20‑A, section 15671‑A(1)(B), for local property taxpayers for funding public education as approved by the School Board. Passage requires majority vote.
43. ORDER #201-16/17 – Authorizing the Superintendent to implement the FY18 School Department Capital Improvement Plan in the amount of $1,016,417 as detailed in the Superintendent’s memo and FY18 Proposed CIP Expenditure Summary. Passage requires majority vote.
44. RESOLVE #35-16/17 – Supporting Solar Bills from the Legislature. Passage requires majority vote.
J. Citizen Discussion (Second Part)
K. Councilor’s Round Robin
L. Executive Session
In the event the Council determines that it may not reach all agenda items by 11:00 P.M., it may postpone some items to a subsequent meeting. Postponement is not required, and the Council may take up agenda items after 11:00 P.M. Any items postponed to the next meeting will normally be scheduled ahead of subsequently scheduled agenda items.