mayor william p. doyle councilor lynn h. copeland ... packet.pdf · 6/1/2020 · with a qualified...

Mayor William P. Doyle Councilor Lynn H. Copeland Councilor Marshall Archer Councilor Alan R. Minthorn Councilor Jim Purdy Councilor Jodi L. MacPhail Councilor Joseph Gunn Councilor Nathan D. Johnston

SacoMaine.org | 300 Main Street, Saco, Maine 04072 | (207) 282-4191

SACO CITY COUNCIL MEETING MONDAY, JUNE 1, 2020 – 6:30PM ONLINE MEETING VIA ZOOM (sacomaine.org/watchmeetings)

I. CALL TO ORDER II. RECOGNITION OF MEMBERS PRESENT III. PLEDGE OF ALLEGIANCE IV. GENERAL V. COMMITTEE CORRESPONDENCE TO COUNCIL VI. PUBLIC COMMENT VII. APPROVAL OF MINUTES: May 11, 2020 and May 18, 2020 VIII. CONSENT ITEMS IX. ACTION ITEMS

A. (Second/Final Reading) 90 Temple Street (Map 38 Lot 168) – P2 Chapter 81 Review

B. Outdoor Retail and Restaurant Operations (Covid-19 Temporary Policy) P3 C. (Tabled 5-26-20) Action Item I. - Council Resolution Approving School Budget P17

for Fiscal Year 2020-2021 “I make a motion to remove from the table, “Council Resolution Approving School Budget for Fiscal Year 2020-2021”

D. (Tabled 5-26-20) Action Item J. - Council Resolution Approving Additional P19 Local Funds for the School Budget Fiscal Year 2020-2021

“I make a motion to remove from the table, “Council Resolution Approving Additional Local Funds for the School Budget Fiscal Year 2020-2021”

E. (Tabled 5-26-20) Action Item K. - Council Resolution Approving Adult P20 Education Budget for Fiscal Year 2020-2021

“I make a motion to remove from the table, “Council Resolution Approving Adult Education Budget for Fiscal Year 2020-2021”

X. NEW BUSINESS XI. ADMINISTRATIVE UPDATE XII. COUNCIL DISCUSSION AND COMMENT XIII. EXECUTIVE SESSION: XIV. FROM EXECUTIVE SESSION XV. ADJOURNMENT

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https://www.sacomaine.org/departments/communications/watch_meetings.php

MEETING ITEM COMMENTARY

AGENDA ITEM: (Second/Final Reading) 90 Temple Street (Map 38 Lot 168) – Chapter 81 Review

COUNCIL RESOURCE: Councilor Nathan Johnston, Ward 7

STAFF RESOURCE: Emily Cole-Prescott, City Planner

BACKGROUND: This property experienced a fire in 2012 and the roof has been left open to the elements since then, for the past eight years. The previous owner abandoned the property some time after the fire, and in 2016, the city obtained the property through tax foreclosure. A timeline of city actions relative to this site is included in below links to previous meeting materials. In February 2020, Staff completed several site visits, and with the collaboration of the Historic Preservation Commission, hired Allied Engineering (on the city’s general engineering services list) to complete a structural engineering assessment. The Historic Preservation Commission recommended that the property be sold at its February 26th meeting. The Planning Board recommended its report to sell the property to the City Council at its April 7th meeting.

EXHIBITS: 1. Link to documentation provided on May 4th:May 4th Council packet (see page 2)

2. Link to documentation provided on April 27th:April 27th Council packet (see page 33)

RECOMMENDATION: The Planning Board forwarded a positive recommendation of its report to City Council on April 7th.

The Historic Preservation Commission recommended that the property undergo a Chapter 81 review process on February 26th and provided feedback about the draft RFP on March 11th.

SUGGESTED MOTION: “Be it ordered that the City Council hereby authorizes the City Administrator to initiate a Request for Proposal for disposition of city-owned property at 90 Temple Street.”

ACTION ITEM: A June 1, 2020

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https://www.sacomaine.org/5.4.20%20Packet.pdf

https://www.sacomaine.org/4.27.20%20Packet.pdf

MEETING ITEM COMMENTARY

AGENDA ITEM: Outdoor Retail and Restaurant Operations (Covid-19 Temporary Policy)

STAFF RESOURCE: Jessa Berna, Economic Development Specialist

COUNCIL RESOURCE: Jim Purdy, City Councilor (Liaison Economic Development Commission)

BACKGROUND: In conjunction with Governor Mills’ Restarting Maine’s Economy, which outlines the gradual stages of reopening, the City of Saco Planning & Economic Development Department, in coordination with Code Enforcement, Police, and Public Works, is proposing a temporary policy to assist our small business community by facilitating the effective but cautious reopening of restaurants, retail establishments, and other commercial activity, scheduled for June 1, 2020 as allowed by the State.

This policy is intended to allow restaurants and retailers in Saco to expand their operations outdoors during the Covid-19 pandemic. This will help businesses to remain open and serve the public safely and in accordance with social distancing requirements, and other federal, state, and local requirements. Businesses who take advantage of these temporary changes must follow all items required as part of the State’s applicable COVID19 Prevention Checklist in order to safeguard public health and continue to mitigate the spread of COVID-19. This policy is proposed to remain in effect through November 1, 2020.

EXHIBITS: 1. Outdoor Retail and Restaurant Operations (Covid-19 Temporary Policy)memo 2. Public Sidewalk Permit Application3. Private Parking Lot Permit Application4. Public Parking Permit Application

RECOMMENDATION: City staff recommends approval.

SUGGESTED MOTION: Be it ordered that the City Council adopts the Outdoor Retail and Restaurant Operations (Covid-19 Temporary Policy) as outlined in the Economic Development Specialist’s memo dated May 28, 2020.

“I move to approve the order”

ACTION ITEM: B June 1, 2020

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Planning & EconomicDevelopment Saco City Hall 300 Main Street Saco, Maine 04072-1538

Jessa Berna, AICP Economic Development Specialist

[email protected] Phone: (207) 282-3487 ext.358

TO: City Council

FROM: Jessa Berna, Economic Development Specialist

RE: Outdoor Retail and Restaurant Operations (Covid-19 Temporary Policy)

DATE: May 28, 2020

In conjunction with Governor Mills’ Restarting Maine’s Economy, which outlines the gradual stages of reopening, the City of Saco Planning & Economic Development Department, in coordination with Code Enforcement, Police, and Public Works, is proposing a temporary policy to assist our small business community by facilitating the effective but cautious reopening of restaurants, retail establishments, and other commercial activity, scheduled for June 1, 2020 as allowed by the State.

This policy is intended to allow restaurants and retailers in Saco to expand their operations outdoors during the Covid-19 pandemic. This will help businesses to remain open and serve the public safely and in accordance with social distancing requirements, and other federal, state, and local requirements. Businesses who take advantage of these temporary changes must follow all items required as part of the State’s applicable COVID19 Prevention Checklist in order to safeguard public health and continue to mitigate the spread of COVID-19. This policy is proposed to remain in effect through November 1, 2020.

The Mills Administration announced on Wednesday, May 27th that it is postponing the full reopening of restaurants for dine-in services in York, Cumberland, and Androscoggin counties. Restaurants in these counties were tentatively scheduled to reopen to dine-in services on June 1 (Stage 2) but are now restricted to reopening to outside dining service only beginning on that date in addition to continuing to provide take-away and delivery services. This most recent change increases the urgency for this policy, as many restaurants were anticipating opening their doors as of June 1.

Below is an overview of the eligibility requirements and the three permits proposed as a part of this policy. The application form for each permit is also included in the Council’s meeting packet:

Elig ibility: Any retail or restaurant business is eligible to register given the following requirements: Authorized to be open by the State of Maine and compliance with all items required by State’s Covid-19

Prevention Checklist Has obtained any necessary licenses from State and Local government (i.e. liquor licenses) Has necessary liability insurance and private property agreement, if applicable.


Exhibit Item: 1

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mailto:[email protected]

mailto:[email protected]

Outdoor Operations Permits: Sidewalk Permit – Retail and restaurant establishments in the City may apply with the Code Enforcement Department to expand their operations onto the sidewalk: Restaurants and retails shall be permitted to expand business activity, including dining, onto the sidewalk

in front of their establishments, provided 3 feet of sidewalk clearance is provided for ADA accessibility. Businesses also may be permitted to expand onto the sidewalk in front of adjacent establishments

provided sufficient documentation of an agreement with the property owner is provided.

Private Parking Lot Permit – Retail and restaurant establishments in the City may apply with the Code Enforcement Department to expand their operations onto privately owned parking lots: Restaurants and retailers may be permitted to expand business activity, including dining, into parking lots

they privately own. Expansions into parking lots or open space privately owned by a different owner adjacent to the business

may be permitted so long as sufficient documentation of an agreement with the property owner isprovided.

All applications must include the installation of physical barriers, such as concrete jersey barriers, toprotect outdoor commercial space from traffic. The City of Saco will assist businesses with theprocurement and installation of temporary barriers as needed.

Public Parking Permit – Retail and restaurant establishments in the City may apply with the Code Enforcement Department to expand their operations into public parking spaces or parking lots: Restaurants and retailers may request to expand business activity, including dining, into public parking

spaces or parking lots. Requests may be permitted on a case-by-case basis if no other options are available and the request can

be safely and efficiently accommodated. Requests will be reviewed by the City Police, Code Enforcement, and Planning and Economic

Development departments, and must be approved by the Traffic Safety Committee.


Exhibit Item: 1

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Outdoor Retail and Restaurant Operations (Covid-19 Temporary Policy) Public Sidewalk Permit Application

Introduction In conjunction with Governor Mills’ Restarting Maine’s Economy, which outlines the gradual stages of reopening, the City of Saco is committed to assisting our business community by facilitating the effective but cautious reopening of restaurants, retail establishments, and other commercial activity, scheduled for June 1, 2020 as allowed by the State. This policy is intended to allow restaurants and retailers in Saco to expand their operations outdoors during the Covid-19 pandemic and will remain in effect through November 1, 2020.

Requirements The area occupied shall be that portion of abutting public property which least infringes on public

use, passage, and traffic as determined by, and at the complete discretion of, the City of Saco.

Businesses must follow all items required as part of the State’s applicable COVID19 PreventionChecklist in order to safeguard public health and continue to mitigate the spread of COVID-19.

If an establishment already has its own adjacent side and/or rear areas, it is strongly encouraged tofully utilize them by placing its outside areas within those locations and minimize any use of publicsidewalks.

Businesses may be permitted to expand onto the sidewalk in front of adjacent establishmentsprovided sufficient documentation of an agreement with the property owner is provided.

Consumer-grade extension cords cannot be used to deliver electricity to an outside area;establishments wishing to extend electricity to an outside area are strongly recommended to consultwith a qualified electrician.

A permit, if granted, shall expire on November 1, 2020.

All temporary outdoor areas shall be under the responsible direction and control of the restaurant orretail operation as identified in this application.

All temporary outdoor areas must be as continuous as possible by locating the outdoor area in asingle portion of an establishment's frontage; it may be located adjacent to the building or near thecurb.

A temporary outdoor area may not extend in front of an adjoining establishment without writtenpermission from the neighboring property owner.

Temporary outdoor areas that encroach into a public walkway must maintain at a safe path at alltimes of at least 3 feet in width, to allow for unimpeded, unobstructed pedestrian traffic.


Exhibit Item: 2

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Building entrances, accessible parking spaces, firetruck access, dumpster access, and any furniture orfixtures related to outdoor areas must remain completely unobstructed.

All improvements (i.e., furniture, fixtures) used in the outdoor area must be temporary in nature andthere shall be no penetration of public walkway surfaces.

The establishment must comply with all applicable city, state, and federal laws and regulations,including the Americans with Disability Act.

Enforcement The rights and duties granted herein shall be under the supervision and control of the City of Saco’s Code Enforcement Department and Police Department. In the event that the City, in its sole discretion, determines that further use of the premises under this permit is not in the best interests of the City, the rights granted herein may be suspended or terminated at any time.

Insurance and Liability The establishment understands and expressly assumes all the risk of operating and conducting

business under this permit.

As a condition of being granted this permit, during the term of this permit, the permittee shalldefend, indemnify, save and hold the City of Saco, and its inhabitants, officers, employees and agentscompletely harmless from and against any and all liabilities, losses, suits, claims, costs, expenses,judgments, fines or demands arising by reason of injury to or death of, or asserted by, any person orpersons, including the permittee's agents, clients, invitees or employees, or damage to any property,including all reasonable costs for investigation and defense thereof (including but not limited toattorney’s fees, court costs, and expert witness fees), of any nature whatsoever arising out of orincident to this permit and/or the use, occupancy, conduct, or management of the demised premisesor the acts or omissions of the permittee's officers, clients, agents, employees, contractors,subcontractors, licensees, or invitees, except to the extent such injury, death, or damage is caused bythe negligent acts or omissions of the City, its agents, employees, clients or invitees. The permitteeshall give to the City reasonable notice of any such claim or actions. The permittee shall also usecounsel reasonably acceptable to the City in carrying out its obligations under this article.

The permittee further expressly agrees that it will defend, indemnify, save and hold the City of Sacoharmless from any and all claims made or asserted by the permitteeʼs agents, servants or employeesarising out of the permittee's activities under this permit. For this purpose, the permittee herebyexpressly waives any and all immunity it may have under Maine’s Workers Compensation Act inregard to such claims made or asserted against the City by the permittee’s agents or employees. Forthis purpose, the permittee further expressly waives any charitable immunity it may have underapplicable law as to any and all claims of any person made or asserted against the City arising out ofthe permitteeʼs use and occupancy of the demised premises or other activity of the permittee underthis Permit.

The indemnification provided under this section shall extend to and include any and all costsincurred by the City to answer, investigate, defend and settle all such claims, including but not limitedto the City’s costs for attorney’s fees, expert and other witness fees, the cost of investigators, andpayment in full of any and all judgments rendered in favor of the permitteeʼs agents, invitees,


Exhibit Item: 2

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licensees, clients, servants or employees against the City in regard to claims made or asserted by such persons.

In exercising the rights granted under this permit, the permittee shall at all times be regarded as an independent entity conducting its own business and operations and shall not at any time act, or purport to act as an agent, contractor, co-partner, joint venture or employee of the City.

The permittee, during the entire term of this permit shall maintain, at its sole expense, insurance inthe type and amount shown below with companies authorized to do business in the State of Mainefor the protection of the City of Saco against any and all liability, including wrongful death, against allclaims, losses, costs or expenses arising out of injuries to persons whether or not employed by thepermittee or damage to property whether resulting from acts, omissions, negligence or otherwise ofthe permittee, its directors, officers, clients, employees and agents and arising from the permittee‘suse of the demised premises or any part or portion thereof: 1) commercial general liability insurancewith a minimum limit of $1,000,000 combined single limit per occurrence and $2,000,000 in theaggregate; and 2) workers compensation and employers liability insurance with a minimum limit of$500,000 per occurrence.

The permittee shall cause to be furnished to the City, at the time of execution of this permit,evidence in the form of certificates of insurance of the existence in force of the insurance requiredhereunder. Said certificates shall name the City as an additional insured and loss payee. The permitteeshall cause to be furnished to the City replacement certificates of insurance whenever the insurancepolicies are renewed. The City shall be notified prior to any changes or discontinuances of coverage.

The City agrees to promptly notify the permittee in writing of the existence or filing of any claim,demand or action arising out of an occurrence covered hereunder of which the City has knowledge,and to cooperate with the permittee in the investigation and defense thereof.

The minimum insurance coverage required under this article shall be deemed to be automaticallyadjusted whenever the Maine State Legislature shall increase the City’s maximum liability beyondsuch minimums for personal injury, wrongful death or property damage claims brought under theMaine Tort Claims Act. In the event of such an increase, the minimum insurance coverage requiredshall be no less than the amounts required herein or no less than the City’s maximum liability forsuch claims under the Maine Tort Claims Act, whichever is greater.

Applicant Information Legal Name: ___________________________________________________________________

DBA Name: ___________________________________________________________________

Physical Address: _______________________________________________________________

Mailing Address: ________________________________________________________________

Phone: ________________________________________________________________________

Email: ________________________________________________________________________

Outdoor Area Sketch Plan Attach a sketch plan for your outdoor area. Your sketch must include the following:


Exhibit Item: 2

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Existing dimensions/boundaries of your business.

Dimensions/boundaries of the sidewalk area you wish to occupy.

Arrangement of tables and other structures (in compliance with the state’s Covid-19 restrictions).

Additional outdoor areas being used or requested by your business, such as parking areas, patio, or openspace (including dimension/boundaries and the arrangement of tables and other structures).

Permissions from Abutting Properties If your plan includes extending onto the sidewalk in front of adjacent establishments, attach documentation of your agreement with any/all applicable property owners.

I/We fully understand that the City of Saco, its agents, officers and employees accept no responsibility and will not be liable for any injury, harm or damage to my/our person or property arising out of the establishment’s occupancy of the sidewalk or park space. To the fullest extent permitted by law, I/We do hereby agree to assume all risk of injury, harm or damage to my/our person or property (including but not limited to all risk of injury, harm or damage to my/our property cause by the negligence of the City of Saco, its agents, officers or employees) arising out of the establishment’s occupancy of the sidewalk or park space. I/We hereby agree, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City of Saco, its agents, officers and employees, from and against all claims, damages, losses and expenses, just or unjust, including, but not limited to costs of defense and attorney’s fees, arising out of the establishment’s occupancy of the sidewalk or park space, provided that any such claims, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property including the loss of use there from, and (2) is caused in whole or in part by any negligent act or omission of the establishment, anyone directly or indirectly employed by it, or anyone for whose act it may be liable.

Name: ______________________________________________________

Signature: ____________________________________________________

Title: ________________________________________________________

Date: _______________________


Exhibit Item: 2

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Outdoor Retail and Restaurant Operations (Covid-19 Temporary Policy) Private Parking Lot Permit Application


Requirements The area occupied shall be that portion of any private parking lot which least infringes on public use,

passage, and traffic as determined by, and at the complete discretion of, the City of Saco.





All parking lot areas used for temporary seating and retail uses must include the installation ofphysical barriers, such as concrete or jersey barriers, to protect outdoor commercial space fromtraffic. The City of Saco will assist businesses with the procurement and installation of temporarybarriers as needed.

A temporary outdoor operation in a portion of a parking lot may be located in an abutting parkinglot if there is no on-site parking available and written permission from the neighboring propertyowner is provided.





Exhibit Item: 3

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Enforcement The rights and duties granted herein shall be under the supervision and control of the City of Saco’s Code Enforcement Department and Police Department. In the event that the City, in its sole discretion, determines that further use of the premises under this permit is not in the best interests of the City, the rights granted herein may be suspended or terminated at any time.





The indemnification provided under this section shall extend to and include any and all costsincurred by the City to answer, investigate, defend and settle all such claims, including but not limitedto the City’s costs for attorney’s fees, expert and other witness fees, the cost of investigators, andpayment in full of any and all judgments rendered in favor of the permitteeʼs agents, invitees,licensees, clients, servants or employees against the City in regard to claims made or asserted by suchpersons.

In exercising the rights granted under this permit, the permittee shall at all times be regarded as anindependent entity conducting its own business and operations and shall not at any time act, orpurport to act as an agent, contractor, co-partner, joint venture or employee of the City.

The permittee, during the entire term of this permit shall maintain, at its sole expense, insurance inthe type and amount shown below with companies authorized to do business in the State of Mainefor the protection of the City of Saco against any and all liability, including wrongful death, against allclaims, losses, costs or expenses arising out of injuries to persons whether or not employed by the


Exhibit Item: 3

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permittee or damage to property whether resulting from acts, omissions, negligence or otherwise of the permittee, its directors, officers, clients, employees and agents and arising from the permittee‘s use of the demised premises or any part or portion thereof: 1) commercial general liability insurance with a minimum limit of $1,000,000 combined single limit per occurrence and $2,000,000 in the aggregate; and 2) workers compensation and employers liability insurance with a minimum limit of $500,000 per occurrence.

The permittee shall cause to be furnished to the City, at the time of execution of this permit, evidence in the form of certificates of insurance of the existence in force of the insurance required hereunder. Said certificates shall name the City as an additional insured and loss payee. The permittee shall cause to be furnished to the City replacement certificates of insurance whenever the insurance policies are renewed. The City shall be notified prior to any changes or discontinuances of coverage.

The City agrees to promptly notify the permittee in writing of the existence or filing of any claim, demand or action arising out of an occurrence covered hereunder of which the City has knowledge, and to cooperate with the permittee in the investigation and defense thereof.

The minimum insurance coverage required under this article shall be deemed to be automatically adjusted whenever the Maine State Legislature shall increase the City’s maximum liability beyond such minimums for personal injury, wrongful death or property damage claims brought under the Maine Tort Claims Act. In the event of such an increase, the minimum insurance coverage required shall be no less than the amounts required herein or no less than the City’s maximum liability for such claims under the Maine Tort Claims Act, whichever is greater.


DBA Name: ___________________________________________________________________


Mailing Address: ________________________________________________________________

Phone: ________________________________________________________________________

Email: ________________________________________________________________________







Exhibit Item: 3

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Physical Barriers All applications must include the installation of physical barriers, such as concrete jersey barriers, to protect outdoor commercial space from traffic. The City of Saco will assist businesses with the procurement and installation of temporary barriers as needed. No outdoor seating or retail activity will be permitted without a City installed and/or approved barrier in place.

Describe the length and location of the physical barrier necessary, and whether or not you plan to acquire and install yourself, or if you would like assistance from the City: ________________________

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Permissions from Abutting Properties If your plan includes extending onto the parking lot of an abutting property, attach documentation of your agreement with any/all applicable property owners.


Name: ______________________________________________________

Signature: ____________________________________________________

Title: ________________________________________________________

Date: _______________________


Exhibit Item: 3

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Outdoor Retail and Restaurant Operations (Covid-19 Temporary Policy) Public Parking Permit Application


Retail and restaurant establishments unable to add outdoor commercial activities to a public sidewalk or private parking lot, and who have no other private outdoor space available, such as a deck or patio, may request to expand their operations into public parking spaces or parking lots. Requests will be reviewed on a case-by-case basis. City staff will work directly with business owners to help address their needs.

Requirements Requests may be permitted on a case-by-case basis and be reviewed by the City Police, Code

Enforcement, and Planning and Economic Development departments, and must be approved by theTraffic Safety Committee.





All parking areas used for temporary seating and retail uses must include the installation of physicalbarriers, such as concrete or jersey barriers, to protect outdoor commercial space from traffic. TheCity of Saco will procure and install barriers around public parking.




Exhibit Item: 4

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Enforcement The rights and duties granted herein shall be under the supervision and control of the City of Saco’s Code Enforcement Department and Police Department. In the event that the City, in its sole discretion, determines that further use of the premises under this permit is not in the best interest of the City, the rights granted herein may be suspended or terminated at any time.





The indemnification provided under this section shall extend to and include any and all costsincurred by the City to answer, investigate, defend and settle all such claims, including but not limitedto the City’s costs for attorney’s fees, expert and other witness fees, the cost of investigators, andpayment in full of any and all judgments rendered in favor of the permitteeʼs agents, invitees,licensees, clients, servants or employees against the City in regard to claims made or asserted by suchpersons.

In exercising the rights granted under this permit, the permittee shall at all times be regarded as anindependent entity conducting its own business and operations and shall not at any time act, orpurport to act as an agent, contractor, co-partner, joint venture or employee of the City.


Exhibit Item: 4

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The permittee, during the entire term of this permit shall maintain, at its sole expense, insurance inthe type and amount shown below with companies authorized to do business in the State of Mainefor the protection of the City of Saco against any and all liability, including wrongful death, against allclaims, losses, costs or expenses arising out of injuries to persons whether or not employed by thepermittee or damage to property whether resulting from acts, omissions, negligence or otherwise ofthe permittee, its directors, officers, clients, employees and agents and arising from the permittee‘suse of the demised premises or any part or portion thereof: 1) commercial general liability insurancewith a minimum limit of $1,000,000 combined single limit per occurrence and $2,000,000 in theaggregate; and 2) workers compensation and employers liability insurance with a minimum limit of$500,000 per occurrence.

The permittee shall cause to be furnished to the City, at the time of execution of this permit,evidence in the form of certificates of insurance of the existence in force of the insurance requiredhereunder. Said certificates shall name the City as an additional insured and loss payee. The permitteeshall cause to be furnished to the City replacement certificates of insurance whenever the insurancepolicies are renewed. The City shall be notified prior to any changes or discontinuances of coverage.

The City agrees to promptly notify the permittee in writing of the existence or filing of any claim,demand or action arising out of an occurrence covered hereunder of which the City has knowledge,and to cooperate with the permittee in the investigation and defense thereof.

The minimum insurance coverage required under this article shall be deemed to be automaticallyadjusted whenever the Maine State Legislature shall increase the City’s maximum liability beyondsuch minimums for personal injury, wrongful death or property damage claims brought under theMaine Tort Claims Act. In the event of such an increase, the minimum insurance coverage requiredshall be no less than the amounts required herein or no less than the City’s maximum liability forsuch claims under the Maine Tort Claims Act, whichever is greater.


DBA Name: ___________________________________________________________________


Mailing Address: ________________________________________________________________

Phone: ________________________________________________________________________

Email: ________________________________________________________________________






Exhibit Item: 4

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Name: ______________________________________________________

Signature: ____________________________________________________

Title: ________________________________________________________

Date: _______________________


Exhibit Item: 4

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AGENDA ITEM:

COUNCIL RESOURCE:

MEETING ITEM COMMENTARY (Tabled on May 26, 2020)

Council Resolution Approving School Budget Fiscal Year 2020-2021

Councilor Jim Purdy

STAFF RESOURCE: Bryan Kaenrath, City Administrator Dominic DePatsy, School Administrator

BACKGROUND: The School Board approved a budget for the Fiscal Year 2020-2021 and has forwarded said budget to City Council for review and approval.

SUGGESTED MOTION:

Be it Resolved, pursuant to Title 20-A, sections 2307, 1485 and 15690, that:

The following school budget cost centers be adopted and approved for expenditure for fiscal year 2020-2021:

Regular Instruction $24,188,281 Special Education $ 9,824,162 Career and Technical Education $ Other instruction $ 169,571 Student and staff support $ 2,412,402 System administration $ 855,061 School administration $ 1,373,536 Transportation and Buses $ 1,912,724 Facilities Maintenance $ 2,336,536 Debt Service and Other Commitments $ 309,013 All Other Expenditures $

The sum of $43,381,286 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 the sum of $18,497,843 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;

State Mandated 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 City must raise in order to receive the full amount of state dollars.

The sum of $309,013 be raised and appropriated for the annual payments on debt service previously approved by the City’s voters for non-state-funded school construction projects and non-state-funded portions of school construction projects

ACTION ITEM: C June 1, 2020

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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;

State Mandated 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 capital school construction projects that are not approved for state subsidy. The bonding of this long-term debt was previously approved by the City voters or other legislative body.

The School Board be authorized to expend $43,381,286 for the fiscal year beginning July 1, 2020 and ending June 30, 2021 from 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, 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; and

The School Board be authorized to expend such other sums as may be received from federal and state grants and/or programs and/or other sources during the fiscal year for school purposes provided that such grants, programs or other sources do not require the expenditures of other funds not previously appropriated;

I move to approve the resolution.

ACTION ITEM: C June 1, 2020

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AGENDA ITEM:

COUNCIL RESOURCE:


Council Resolution Approving Additional Local Funds for the School

Budget Fiscal Year 2020-2021

Councilor Jim Purdy



SUGGESTED MOTION:

Be it Resolved that $ $ 9,980,579 be raised and appropriated in additional local funds, which exceeds the State’s Essential Programs and Services allocation model by $9,980,579 as required to fund the budget recommended by the School board.

State Mandated Explanation: The additional local funds are those locally raised funds over and above the City’s local contribution to the total cost of funding public education from 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.

School board’s Statement of Reasons for Exceeding Essential Programs and Services allocation model: The school budget proposed for the fiscal year exceeds the state’s funding allocation model for various reasons. In general, (i) the model does not recognize the actual costs to operate and maintain the school program and curriculum; (ii)the state is not funding the model at 55% of the actual total cost of education; (iii) the state has added certain costs to the model without increasing available funding such as the state share of teacher retirement costs; (iv) the state has reduced or eliminated funding of costs necessary to operate the schools by such means as changing the student: teacher ratio, the student: ed tech, and other student: staff ratios and reducing funding of administrative costs.

(Note: Title 20-A, section 15671-A(5)(B) requires a separate, recorded vote for these additional local funds and approval by a majority of the full council. Section 15690 provides for the School board’s Statement of Reasons to accompany the article as provided to the Council) I move to approve the resolution.

ACTION ITEM: D June 1, 2020

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AGENDA ITEM:

COUNCIL RESOURCE:


Council Resolution Approving Adult Education Budget Fiscal Year 2020-

2021

Councilor Jim Purdy



SUGGESTED MOTION:

Be it Resolved that $ 140,055 be appropriated for adult education and that $140,055 be raised as the local share; with authorization to expend any additional, incidental, or miscellaneous receipts in the interest and for well-being of the adult education program. I move to approve the resolution.

ACTION ITEM: E June 1, 2020

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mayor william p. doyle councilor lynn h. copeland ... packet.pdf · 6/1/2020 · with a qualified...

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