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AGENDA REGULAR CITY COUNCIL MEETING MAY 2, 2016 The ETHAN K. STRIMLING (MAYOR) DAVID BRENERMAN (5) BELINDA S. RAY (1) JILL C. DUSON (A/L) SPENCER THIBODEAU (2) JON HINCK(A/L) EDWARD J. SUSLOVIC (3) NICHOLAS M. MAVODONES, JR. (A/L) JUSTIN COSTA (4) AGENDA REGULAR CITY COUNCIL MEETING MAY 2, 2016 The Portland City Council will hold a regular City Council Meeting at 5:00 p.m. in City Council Chambers, City Hall. The Honorable Ethan K. Strimling, Mayor, will preside. PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: RECOGNITIONS: APPROVAL OF MINUTES OF PREVIOUS MEETING: (Tab 1) April 25, 2016, Special City Council Meeting Minutes PROCLAMATIONS: Proc 27-15/16 Proclamation Honoring Officer Jonathan Lackee as Police Officer (Tab 2) of the Month for March 2016 – Sponsored by Mayor Ethan K. Strimling. APPOINTMENTS: CONSENT ITEMS: Order 236-15/16 Order Declaring Lincoln Park Summer Concert Series 2016 as a (Tab 3) Festival – Sponsored by Jon P. Jennings City Manager. Promoter and organizer Jack Murray has proposed hosting a concert series at Lincoln Park this summer, specifically on Wednesday evenings in July and August. Concerts will be free and open to the public. The time frame for music will be 5:00-8:00 pm. Portland Downtown has decided not to hold their summer concert series this year at Monument Square so this outdoor concert series in the downtown area will take its place. The genre/style of music will consist mainly of rock, folk, jazz and blues. A Beer Garden will be located on the grass, south-east corner of the park. Five affirmative votes are required for passage of the Consent Calendar. LICENSES: Order 237-15/16 Order Granting Municipal Officers’ Approval of Rising Tide Brewing (Tab 4) Company LLC d/b/a Rising Tide Brewing Company LLC. Application for a Brewery Alcohol Service with Outdoor Dining on Private Property, Entertainment without Dance, and Food Service Establishment without Preparation License at 103 Fox Street – Sponsored by Katherine L. Jones, City Clerk. Application submitted on 3/25/16. Applicant is currently operating at this location. Five affirmative votes are required for passage after public comment. Order 238-15/16 Order Granting Municipal Officers’ Approval of Peter Bissell & Noah (Tab 5) Bissell d/b/a Bissell Brothers. Application for a Brewery Alcohol Service with Outdoor Dining on Private Property and Entertainment without Dance License at 4 Thompson’s Point – Sponsored by Katherine L. Jones, City Clerk. Application submitted on 3/28/16. Applicant is moving from current operations at 1 Industrial Way. Five affirmative votes are required for passage after public comment. Order 239-15/16 Order Granting Municipal Officers’ Approval of Alizarin Inc. d/b/a (Tab 6) Sweetgrass Winery & Distillery. Application for a Winery Alcohol Service License at 324 Fore Street – Sponsored by Katherine L. Jones, City Manager. Application submitted on 4/12/16. Applicant is currently operating at this location. Five affirmative votes are required for passage after public comment. ORDERS: Order 240-15/16 Order Approving the Five-Year Signatory Airline Operating (Tab 7) Agreement and Lease for Jetport Signatory Airlines – Sponsored by Jon P. Jennings, City Manager. The Portland International Jetport issues a single uniform operating and lease agreement and airlines executing this agreement are designated as Signatory Airlines at the Jetport. 2 The Jetport currently has six Signatory Airlines, American, Delta, FedEx, JetBlue, Southwest, and United, operating under this agreement. The current agreement was approved by the City Council on February 17, 2010 and each of the Jetport’s Signatory Airlines executed the agreement for five years starting in May of 2010. The agreement was extended by the City Council for one additional year in 2015. The Jetport has negotiated a new proposed five year agreement with the airlines of similar form to the prior agreement. The agreement provides the airlines with the right to have both exclusive use space (e.g. their offices), preferential use space (e.g. the gates and boarding bridges) and common use space (e.g. the gate hold room and baggage areas). Pursuant to the Agreement, the airlines share in the cost of improving and running the airport through the Cost Centers for the Terminal and the Airfield. These costs are set annually through the rates and charges meeting with the Signatory Airlines held in the fall. The new agreement includes the following changes: • The term will be for five years through May 18, 2021. • The prior agreement had significant language around the approval, timing, and cost of the terminal expansion which is no longer applicable and has been removed. • The new agreement provides for a new “Class” of signatory carrier with half the annual landed weight requirement. This new Class will pay 1.125 times the signatory landing fee rate, while a non-signatory carrier will pay 1.25 times the signatory landing fee rate. This incentivizes carriers with limited capacity to become a Signatory at the Jetport. Five affirmative votes are required for passage after public comment. Order 241-15/16 Order Approving Lease with Bay Ferries Limited Re: Ocean Gateway (Tab 8) - Sponsored by the Economic Development Committee, Councilor David Brenerman, Chair. Nova Scotia officials selected Bay Ferries Limited to provide ferry service to and from Yarmouth, Nova Scotia and Portland, Maine. Under direction of the City Council, City staff negotiated with Bay Ferries a proposed lease effective June 1, 2016 through October 15, 2017, with an option to renew for one additional year at City’s sole discretion. Five affirmative votes are required for passage after public comment. BUDGET ITEMS: PUBLIC COMMENT WILL BE TAKEN ON ALL SCHOOL BUDGET ORDERS. Order 228-15/16 Order Approving State/Local EPS Funding Allocation for Public (Tab 10) Education from Kindergarten to Grade 12 for Portland Schools for FY2017 – Sponsored by the Finance Committee, Councilor Nicholas M. Mavodones, Jr., Chair. Order 228-15/16 to 233-15/16 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 $79,013,267 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 $63,109,880 as the city’s contribution to the total cost of funding public education from K-12 as described in the EPS law. The City’s Tax levy for the total for school budget programs of $103,602,884 will be $80,331,376. This item must be read on two separate days. It was given a first reading on April 25, 2016. Five affirmative votes are required for passage after public comment. Order 229-15/16 Order Approving Non-State Funded School Construction Debt Service (Tab 11) for Portland Schools for FY2017 – Sponsored by the Finance Committee, Councilor Nicholas M. Mavodones, Jr., 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 $572,216 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 $572,216 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). 4 This item must be read on two separate days. It was given a first reading on April 25, 2016. Five affirmative votes are required for passage after public comment. Order 230-15/16 Order Raising and Appropriating Additional Local Funds for Portland (Tab 12) Schools for FY2017– Sponsored by the Finance Committee, Councilor Nicholas M. Mavodones, Jr., Chair. This order appropriates $15,758,040 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 $16,331,256 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 on April 25, 2016. Five affirmative votes are required for passage after public comment. Order 231-15/16 Order Approving Total School Operating Budget for Portland Schools (Tab 13) for FY2017– Sponsored by the Finance Committee, Nicholas M. Mavodones, Jr., 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 $98,155,645. 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 10, 2016. $79,013,267 of the $98,155,645 would come from property taxes, $15,556,722 would come from state subsidy, and $3,435,657 from other revenues. This order does not provide money unless the other General Fund budget orders are passed. This item must be read on two separate days. It was given a first reading on April 25, 2016. Five affirmative votes are required for passage after public comment.
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