Agenda for the City Council Meeting

May 20, 2013
Meeting Begins: 7:00 P.M.
Location: Council Chambers
Amended Agenda Issued:

A. Acceptance of Minutes

B. Communications from City Manager

C. Petitions and Communications

Department and Attendance Reports for April

D. Appointment Calendar

1.   ORDER #15-12/13 – Board of Appeals, District One, (Pock) appointing Sara Orbeton for a term that expires 07/23/15. Postponed since 08/06/12.  Passage requires majority vote.

2.   ORDER #88-12/13 – Community Development Advisory Committee, District Three (Linscott), for a term which expires on 01/15/16. Postponed since 01/23/13.  Passage requires majority vote.

3.   ORDER #123-12/13 – Civil Service Commission, District One (Pock), appointing Kathleen Hanson for a term which expires on 03/1/18. Postponed since 04/01/13. Passage requires majority vote.

4.   ORDER #124-12/13 – Board of Assessment Review, District Two (Smith), for a term which expires on 03/16/16. Postponed since 04/01/13. Passage requires majority vote.

5.   ORDER #136-12/13 – Energy & Recycling Committee, District Four (Cohen), appointing Heather Valley for a term that expires 05/05/16. Postponed on 05/06/13. Passage requires majority vote.

6.   ORDER #141-12/13 – Energy & Recycling Committee Associate, District Four (Cohen), appointing Eric Knutsen for a term that expires 05/05/16. Passage requires majority vote.

E. Consent Calendar

7.   SIGN PERMIT - Spring Point Ledge Light Trust is requesting to place signs in various locations on weekend days from June to October to advertise that the lighthouse is open for tours.  Passage requires majority vote.

F. Citizen Discussion (First Part)

G. Public Hearings and Actions

8.   BUSINESS LICENSE - PPF Group Inc. DBA Gourmaine, 200 Gorham Road, for a Food Establishment Restaurant with Malt and Vinous License.  Passage requires majority vote.

9.   BUSINESS LICENSE - Oscar Pizza, DBA Otto, 159 Cottage Road, for a Food Establishment Restaurant with Malt and Vinous License.  Passage requires majority vote.

H. Action on Old and New Business

10.   PROCLAMATION #3-12/13 – Proclaiming the week of May 19, 2013 as Arbor Week in the City of South Portland. Passage requires majority vote.

11.   PROCLAMATION #4-12/13 - Regarding Memorial Day, and directing that flags be placed on the graves of veterans. Passage requires majority vote.

12.   ORDER #142-12/13 – Accepting miscellaneous donations.  Passage requires majority vote.

13.   RESOLVE #5-12/13 - That $16,677,889 be authorized to be expended for Regular Instruction.  Passage requires majority vote.

14.   RESOLVE #6-12/13 - That $8,140,612 be authorized to be expended for Special Education. Passage requires majority vote.

15.   RESOLVE #7-12/13 - That $257,693 be authorized to be expended for Career and Technical Education. Passage requires majority vote.

16.   RESOLVE #8-12/13 - That $786,475 be authorized to be expended for Other Instruction. Passage requires majority vote.

17.   RESOLVE #9-12/13 - That $3,541,612 be authorized to be expended for Student and Staff Support. Passage requires majority vote.

18.   RESOLVE #10-12/13 - That $1,217,832 be authorized to be expended for System Administration. Passage requires majority vote.

19.   RESOLVE #11-12/13 - That $2,190,758 be authorized to be expended for School Administration. Passage requires majority vote.

20.   RESOLVE #12-12/13 - That $1,524,279 be authorized to be expended for Transportation and Buses. Passage requires majority vote.

21.   RESOLVE #13-12/13 - That $3,775,471 be authorized to be expended for Facilities Maintenance. Passage requires majority vote.

22.   RESOLVE #14-12/13 - That $4,482,440 be authorized to be expended for Debt Service and Other Commitments. Passage requires majority vote.

23.   RESOLVE #15-12/13 - That $387,495 be authorized to be expended for All Other Expenditures. Passage requires majority vote.

24.   RESOLVE #16-12/13 - That $33,456,938 be appropriated for the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and that $28,843,215 be raised as the City's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes, Title 20-A, section 15688. Passage requires majority vote.

Explanation: The City's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act is the amount of money determined by state law to be the minimum amount that the municipality must raise in order to receive the full amount of State dollars.

25.   RESOLVE #17-12/13 - That $3,731,788 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 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:

Skillin Elementary School Addition and Renovation, approved by voters on November 5, 1991.
SPHS Auditorium/Cafeteria Construction, approved by voters on November 8, 1994.
Elementary Schools Construction and Renovation, approved by voters on November 6, 2001.
South Portland High School Addition and Renovation, approved by voters on November 2, 2010.                                     

26.   RESOLVE #18-12/13 - That $4,136,892 be raised and appropriated in additional local funds, which exceed the State’s Essential Programs and Services Allocation model by $3,391,833 as required to fund the budget recommended by the Board of Education. Passage requires majority vote.

The Board of Education recommends $4,136,892 for additional local funds and gives the following reasons for exceeding the State’s Essential Programs and Services funding model by $3,391,833.

Pension Obligation Debt Service, approved by voters November 4, 2003
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 new cut-away school bus
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 kindergarten to grade 12 as describe 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.

27.   RESOLVE #19-12/13 - That the Board of Education be authorized to expend $42,982,556 for the fiscal year beginning July 1, 2013 and ending June 30, 2014 from the municipality’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, 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.

28.   RESOLVE #20-12/13 - That the City of South Portland will appropriate $20,000 for Adult Education and raise $20,000 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.

29.   RESOLVE #21-12/13 - That the City of South Portland will raise and appropriate $380,000 in additional local dollars in support of the food service program. Passage requires majority vote.

30.   RESOLVE #22-12/13 - That the City of South Portland will raise and appropriate $300,000 in additional local dollars to fund partially the construction and renovation of South Portland High School as approved by the voters on November 2, 2010. Passage requires majority vote.

31.   RESOLVE #23-12/13 - That the Board of Education be authorized to expend such other sums as may be received from 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.

32.   ORDER #143-12/13 - Setting the time for opening the polls for the June 11, 2013 School Budget Referendum Election.  Passage requires majority vote.

33.   ORDER #144-12/13 – Authorize the City Manager to sign a License Agreement with William F. Dunnigan, III, d/b/a Cia´  (coffee, ice cream, art gallery) to offer outdoor seating for its patrons on a portion of Ocean Street sidewalk. Passage requires majority vote.

34.   ORDER #145-12/13 - Authorizing the Mayor to sign the City Manager’s Employment Agreement.  Passage requires majority vote.

35.   PROCLAMATION #5-12/13 - Proclaiming May 20 through May 26, 2013 as Public Works Week.  Passage requires majority vote.

I. Citizen Discussion (Second Part)

J. Councilor’s Round Robin

K. Executive Session

A motion may be made to go into Executive Session pursuant to 1 M.R.S.A. §405 (D), discussion of public employee labor negotiations regarding collective bargaining guidance for the South Portland Fire Command Contract, South Portland Firefighters IAFF Local #1476 and the Dispatch Contract.

Note: Items may be added to or deleted from the tentative agenda. Copies of amended agenda may be obtained from the City Clerk. Amendments, if any, appear on attachments to the tentative agenda.

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.