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 NOVEMBER 7, 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: Portland Cub Scout Pack 66 will present the Pledge of Allegiance. ROLL CALL: ANNOUNCEMENTS: RECOGNITIONS: APPROVAL OF MINUTES OF PREVIOUS MEETING: (Tab 1) October 17, 2016, Regular City Council Meeting Minutes PROCLAMATIONS: Proc 14-16/17 Proclamation Honoring Police Officers Kate Phelan and Zach Grass (Tab 2) as Police Officers of the Month for September 2016 – Sponsored by Mayor Ethan K. Strimling. APPOINTMENTS: CONSENT ITEMS: Order 77-16/17 Order Declaring the Portland Downtown Light Up Your Holidays (Tab 3) Festival – Sponsored by Jon P. Jennings, City Manager. This order declares Portland Downtown Light Up Your Holidays Festival to be held Fridays, November 25, December 2, 9, 16, 2016; Saturdays, November 26, December 3, 10, 17, 2016; and Sundays, November 27, December 4, 11, 18, 2016; and Thursday, December 8, 2016. Friday, November 25 is the Monument Square Tree Lighting. Thursday, December 8 is Merry Madness. The Monument Square Tree Lighting will be held on Friday, November 25, 2016, from 5:00 to 6:45 p.m. The tree lighting ceremony will be held in Monument Square and on Congress Street. Public Assembly Facilities Division and the Police Department will provide a special bus travel lane on Congress Street during the tree lighting setup and removal to allow bus access on the closed portion of Congress Street between Elm Street and Preble Street. Horse-drawn wagon rides in the downtown and Old Port area will begin November 25 and go through December 18 on Fridays from 4:00-8:00 p.m., Saturdays from 2:00-6:00 p.m., and Sundays from 1:00 p.m. to 5:00 p.m. This year two VIP sponsor rides have been added. Friday, December 2 from 2:00-4:00 p.m. and Saturday December 10 from 12:00-2:00 p.m. pick up and drop off will be at the intersection of Exchange and Middle Streets. Merry Madness will be held on Thursday, December 8 from 4:00-6:00 p.m. The event will take place on Federal Street between Temple and Exchanges Streets. A large free-standing tent will be erected on Federal Street. Portland House of Music will expand their alcohol service to the tent area where wine can be consumed by adults 21 years or older. Participants would purchase the wine inside the Portland House of Music and then be allowed to take it to the tent area. Street closures are included in the agenda backup material. Five affirmative votes are required for passage after public comment. LICENSES: Order 78-16/17 Order Granting Municipal Officers’ Approval of Forq LLC d/b/a Fork (Tab 4) Food Lab. Application for a Class III & IV Beer and Wine Restaurant at 270 Lancaster Street – Sponsored by Michael Russell, Permitting and Inspections Director. Application filed on 10/6/2016. Applicant holds a current Food Service Establishment License and is upgrading to include beer and wine. Five affirmative votes are required for passage after public. Order 79-16/17 Order Granting Municipal Officers’ Approval of Minato, LLC d/b/a (Tab 5) Izakaya Minato. Application for a Class I License with Outdoor Dining on Public Property at 54 Washington Avenue – Sponsored by Michael Russell, Permitting and Inspections Director. Application submitted on 9/22/16. New City and State applications. Current location of Falmouth Flowers and Gifts. Five affirmative votes are required for passage after public comment. BUDGET ITEMS: 2 COMMUNICATIONS: RESOLUTIONS: UNFINISHED BUSINESS: Order 59-16/17 Order Appropriating Funds from the Sale of City-Owned Bayside (Tab 6) Property on Somerset Street – Sponsored by Jon P. Jennings, City Manager. The Finance Committee reviewed this item at its October 27, 2016 meeting and voted 3-0 to forward this item to the City Council with a recommendation for passage. In June 2016 the Federated Companies, LLC purchased parcels of property from the City in the Bayside neighborhood. This order appropriates One (1) Million Dollars towards the move of Public Works out of the Bayside neighborhood to Canco Road and One (1) Million Dollars towards the funding of RFP #5116 – Proposal for Public Administration Systems Software. This item must be read on two separate days. It was given a first reading on September 19, 2016. At the October 5, 2016, Council meeting this item was postponed to this meeting. Five affirmative votes are required for passage after public comment. Order 59A-16/17 Order Approving the Agreement with Tyler Technologies, Inc. for (Tab 7) Public Administration Systems Software – Sponsored by Jon P. Jennings, City Manager. In March, 2016, the City released a Request for Proposals for public administration systems software. City Employees have been using a system purchased in 1996, which has been a source of frustration and has caused various inefficiencies for both city employees and the public. The company that the City bought the system from is presently called Sungard Naviline. Sungard Naviline was recently purchased by Fidelity Investments and did not present the City with a proposal. Support for its financial software may be discontinued. While the Information Technology Department has provided solutions to problems that have cropped up over the years, assisting employees in completing their work and winning the City’s appreciation for its creative strategies, the implementation of a modern software system would allow coordinated platforms and a more efficient use of time. 3 The budget process, the production of finance reports, grant reporting, payments of bills and payment of the City payroll could all be accomplished more quickly and accurately with modern software across all these functions. In summary, the adoption of new public administration software is a significant investment which is long overdue. The one-time cost of the software alone is approximately $500,000, despite a 60% discount. This discount was increased significantly during negotiations due in part to the attractiveness of the City as a premier client based within 15 miles of Tyler's Falmouth and Yarmouth headquarters. When implementation and data conversion costs are added in, the one-time cost totals $2,038,000. While these costs are usually paid up front, Tyler has agreed to phase this cost over three years. They have also discounted annual maintenance by 20%, resulting in a manageable impact on the operating budget. Spreadsheets in the backup material, as well as a copy of the draft contract, detail both the one-time and annual costs of this initiative. Five affirmative votes are required for passage after public comment. Order 67-16/17 Amendment to Portland City Code Chapter 6 Buildings and Building (Tab 8) Regulations Re: Building Energy Use Disclosure Ordinance – Sponsored by the Energy and Sustainability Committee, Councilor Jon Hinck, Chair. During their meeting on September 21, the Energy and Sustainability Committee voted 2-1 (Hinck and Thibodeau in favor, Suslovic opposed) to recommend the draft Building Energy Use Disclosure ordinance to the full City Council for adoption. This ordinance would require the owners of non- residential buildings with more than 20,000 square feet and residential buildings with 50 or more units to measure the amount of energy and water the buildings consume on an annual basis and report it to the City. It would also require the City to measure and report the energy and water consumption of all municipal buildings with more than 5,000 square feet. If enacted, the ordinance would provide building owners with valuable data to assist them in decision making about energy efficiency. The ordinance would provide participants in the real estate market with valuable information that will help them understand the cost of energy in a building or unit they may wish to purchase or rent. It will also help the City plan for energy conservation and climate protection. This item must be read on two separate days. It was given a first reading on October 5, 2016. At the October 17, 2016, Council meeting this item postponed to this meeting. Five affirmative votes are required for passage after public comment. 4 Order 73-16/17 Moratorium Re: City Parks and Public Grounds in the R-6 Zone on the (Tab 9) Portland Peninsula – Sponsored by Councilor Belinda Ray. All parks have elements which contribute to their essential character, such as views and sightlines, landscape features, historic associations, trails, athletic fields, meadowlands, and wildlife habitat. Development that occurs adjacent to public parks can affect one or more of these defining elements, thereby compromising the essential character of a park and decreasing the quality and availability of open space in the City. Councilor Belinda Ray has proposed that the City Council consider a 90-day moratorium on the approval of site plans and subdivisions from October 5, 2016 until January 4, 2017, in order to allow time to draft ordinances that could guard against such infringement on the essential character and open space of city parks. The moratorium would affect only projects on properties that directly abut city parks, and not any on properties across a city street. It would only apply to such properties in the R-6 Zone in the 1st Council District on the Portland Peninsula. According to the Planning and Urban Development Department, this moratorium would affect one project currently under consideration.