David A. Marshall

2011-10-14T06:01:00.000-07:00

PRESS HERALD Posted: October 14 Updated: Today at 7:15 AM David Marshall: A list of successes, ability to ‘get things done’ The Green Independent wants to invest in school facilities and a streetcar line, and to promote use of alternative fuels. By Jason Singer jsinger@pressherald.com Staff Writer This story was updated at 7:15 a.m. to correct Marshall's party affiliation and to clarify the circumstances of the arts district tax increment financing district.

David MarshallDAVID MARSHALLPARTY AFFILIATION: Green IndependentAGE: 33ADDRESS: 41 Pine St.PERSONAL: Committed relationship with Whitney NewmanEDUCATION: Some college; fine-art apprenticeship, 2001, Plein Air Painting, FranceOCCUPATION: Gallery owner, fine artist, property managerPOLITICAL EXPERIENCE: Portland City Council since 2006WEBSITE: www.marshallmayor.com TOP PRIORITIES• Invest in the city’s school buildings to make them state-of-the-art facilities• Grow the population and density downtown• Convert homes and businesses from oil to cleaner, cheaper alternatives• Invest in a modern streetcar line that will encourage development• Institute a 24-hour pothole guarantee JOIN THE CONVERSATIONDAVID MARSHALL will answer questions from Press Herald readers during an hour-long live chat with the candidate starting at noon today. Go to www.pressherald.com to participate.Editor's note: This is the third of 15 daily profiles of Portland's mayoral candidates, paired with online chats. You can find out more about other candidates in our Portland Mayor Race 2011 special section. PORTLAND — City Councilor David Marshall is a technocrat. For his five years in office, he has a list of accomplishments that rival those of his competitors.He came up with the idea for Portland’s first tax increment financing district involving the arts.He helped find money for improvements to the Reiche Community School.And as chairman of the council’s Energy and Environmental Sustainability Committee, he led the push for an energy-service contract to make city-owned buildings more energy-efficient.When he talks about what he will do if he is elected mayor Nov. 8, he notes how he plans to pay for each item, whether it’s through TIFs, federal and state grants, revolving-loan funds, adjustments in the city budget or other financial mechanisms.“The difference between me and the other candidates,” Marshall said at one debate, “is that I know how to get done the things that I talk about.”Marshall’s five-point platform includes investing in the city’s school facilities, converting homes and businesses from oil to alternative fuels, and creating a streetcar line.Those programs would cost a significant amount up front, as some opponents have pointed out. Marshall calls them “investments.”He points to a record of saving the city money.In 2010, he led the approval of the energy-service contract, which cost $11 million up front. It involved energy upgrades for 45 city-owned buildings, including new windows, high-efficiency lighting, roofs and other improvements.The upgrades will save the city about $1.7 million per year, officials said. So over the long run, Marshall said, the investment will pay off.“There’s a difference between investing and spending,” Marshall said during a recent interview at Hot Suppa!. “With investments, you get a return on your money.”The same holds true for his streetcar plan, he said. It would cost millions up front. But Marshall said it could be funded with a mix of federal funds and a TIF district, much like the Arts District. In the end, he said, it would bring in significantly more money than it would cost.He cited two other cities that created successful streetcar systems. In Tampa, Fla., a 2.5-mile streetcar system has spurred more than $1 billion in private investments nearby, according to the National Council for Public-Private Partnerships. One in Portland, Ore., has attracted $2.5 billion in private investments since it opened in 2001.“A modern streetcar system is an economic tool to create growth,” Marshall said. “People invest more around a streetcar line than a bus line because a streetcar system is more permanent. It shows a long-term commitment.”Marshall’s plans have critics, and hurdles to overcome. Mayoral candidate Chris Vail called the streetcar idea “too grand” and said there wouldn’t be money for such a project.Candidate Richard Dodge said all of the city councilors – three are running for mayor – must take blame for the city’s current economic shortcomings.“David should accept the blame like the rest of the council for the lack of progress,” he said. “The council as a whole has been dysfunctional the last several years. ... You have to own what you’ve done.”In addition to being a city councilor, Marshall is a painter, a businessman and a landlord. He owns Constellation Gallery on Congress Street and property in the West End.He is popular with progressives and young voters. He has more than 100 volunteers – mostly young – working on his campaign. The League of Young Voters named him its top candidate early this month, and his campaign team has knocked on more than 12,000 doors.Marshall’s challenge will be to appeal to the broader electorate. He has never run for a citywide seat; he represents District 2 on the council. State Rep. Ben Chipman, whose district overlaps with Marshall’s City Council district, said he likes Marshall’s chances.“He’s run a heck of a campaign, a very active campaign,” Chipman said this week. “I’ve heard a lot of good things. (His team) has knocked on more than 10,000 doors, and they’ve still got almost a month to go before voting day. That’s a lot of doors.“I’d say he’s one of the three or four people who have a really good chance to win this thing,” Chipman said.Staff Writer Jason Singer can be contacted at 791-6437 or at: jsinger@mainetoday.com

2011-10-05T18:41:00.000-07:00

WCHS 6PORTLAND, Maine (NEWS CENTER) -- The Portland City Council's Energy and Environmental Sustainability Committee is looking into whether to ban plastic grocery bags and charge consumers for paper bags. Thursday night, the committee is scheduled to hear from the Surfrider Foundation, a non-profit out of California that encourages cities and towns to ban plastic bags and charge customers 10 cents for every paper bag they use from the grocery store.Committee Chair David Marshall says the plan intrigues him because the city is looking for ways to reduce waste and keep the environment clean. Washington D.C. saw bag use drop 80 percent in 2010 after its plastic bag ban and 5 cent charge on paper bags went into effect. "It's a fee not to produce revenue, but to change people's behavior, and that's an interesting policy idea to me," Marshall said.Others argue that now is not the time to put additional fees on consumers.The committee meeting is scheduled for 5:30 p.m. in the Portland City Council chambers. Public comment is welcome.NEWS CENTER http://www.wcsh6.com/news/article/175248/2/Portland-considers-ban-on-plastic-grocery-bags

2011-10-05T18:17:00.000-07:00

PRESS HERALDPosted: October 5 City bus system needs fixing, say mayor hopefuls Some of the candidates offer solutions from no fares to making kids ride city buses to school. By Jason Singer jsinger@pressherald.com Staff Writer PORTLAND - Nearly every candidate at Monday night's mayoral debate at the State Theatre agreed that the city's public transportation system is broken or inadequate.But of those who spoke on the issue, each had a very different proposal for improving the Metro bus system. Ideas ranged from high-tech upgrades to doing away with fares.The audience appeared to appreciate the various approaches to solving the problem."I'm not sure which one I liked best," said Martha McNally, 62, who attended the event. "But I like that some of them are showing they're outside-the-box thinkers, and I hope whoever wins, they're not afraid to steal some of these ideas."There are 15 candidates for mayor on the Nov. 8 ballot. The winner will be Portland's first popularly elected mayor in nearly 90 years.Not all candidates had to answer each question at Monday's forum, so only some weighed in on the transportation issue.City Councilor David Marshall suggested syncing buses with smartphone applications, which would tell riders exactly how many minutes until the next bus arrives.The city also could place screens with the same technology at bus stops, he said, so riders could see how far away each bus is and the routes each bus offers.Former state Sen. Michael Brennan said public transportation "is really a regional problem and the solution is a regional solution."He said that having multiple bus operators crowds the downtown and reduces efficiency. The neighboring communities need to combine their resources and design one comprehensive bus system.Light rail is also part of the future solution, Brennan said.City officials are already considering big changes to Congress Street because of the bus traffic in the downtown section, which is used by Metro, South Portland's City Bus, the ShuttleBus and Zoom Express. The changes proposed between High Street and Franklin Street include reversing the flow of some one-way streets, removing stop lights and eliminating almost all left turns.Former state Rep. John Eder proposed possibly the most radical idea. He said high school students should use public transportation, rather than school buses, to get to school. By combining the school's resources with the Metro system, the two could invest in more Metro buses and better efficiency.It would also quickly increase ridership, Eder said, and "create good habits for the future."Marshall repeated his commitment to bringing a streetcar system to Portland, which "we could also use as an economic tool."Business tend to build more around streetcar systems than buses, he said, because streetcar systems show a permanent commitment to riders in an area.The city could pay for it, he said, by using federal funds and establishing a transportation tax increment financing district, much as it did with the Arts District.Candidate Markos Miller said the way to improve the city's Metro system is to make ridership free. He pointed to Boulder, Colo., -- a city with many similarities to Portland -- as an example.Free ridership would reduce revenue in the short-term, Miller said, but increasing ridership would attract more federal dollars in the long run, which is how Boulder pays for its system.Despite the varied approaches, all five candidates drew applause from the crowd, but not necessarily from their opponents.Firefighter Chris Vail said he loved Marshall's streetcar idea, but with the struggling economy, the city wouldn't be able to find funds.Charles Bragdon scoffed at Eder's idea of putting high school students on Metro buses. Metro can't run efficiently with the few riders who use it now, Bragdon said, so increasing the numbers and expecting the buses to get kids to school on time is impractical.Staff Writer Jason Singer can be contacted at 791-6437 or at: jsinger@pressherald.com

2011-10-04T11:52:00.000-07:00

PRESS HERALD Posted: October 4 Updated: Today at 12:13 AM Mayoral hopefuls debate role of arts By Jason Singer jsinger@pressherald.com Staff Writer PORTLAND - There's apparently nothing like an arts-themed debate to splash some color on a race for mayor.

David Marshall holds up his answer to a question as the Portland Music Foundation and the Portland Arts & Cultural Center Alliance hosted the fourth mayoral forum at the State Theatre in Portland on Monday.John Patriquin/Staff PhotographerSelect images available for purchase in theMaine Today Photo StoreDuring a debate Monday night at the State Theatre, candidates who want to be Portland's mayor read poetry, drew smiley faces and talked about their air-guitar and singing skills.Former state Rep. John Eder said the city has largely priced artists -- who built the creative economy -- out of the community. If he's elected Nov. 8, Eder said, he will offer a tax break for affordable housing in Bayside so developers will build at least 1,000 no-frills units where artists could live and work.The Portland Arts & Cultural Center Alliance co-hosted the two-hour event with another nonprofit, the Portland Music Foundation.The event centered on the city's creative economy and included 14 of the 15 mayoral candidates. Richard Dodge couldn't attend because of work-related obligations, and Mayor Nicholas Mavodones and City Councilor Jill Duson left early to attend Monday's council meeting.The debate featured two types of questions: long-form and short-form. The moderator, Sam Pfeifle of the Portland Music Foundation, started the night with 10 long-form questions. Each candidate could answer only three.Pfeifle later asked 10 short-form questions. Candidates wrote (or occasionally drew) answers on large pieces of paper to questions like: "Name an event that has taken place at the State Theatre in the last six months?" or "How much money does the average person spend in Portland on First Friday?"The questions, it appeared, were meant to show how engaged each candidate is in the city's creative economy.In response to a question about housing, former state Sen. Michael Brennan echoed Eder's early comments, saying "gentrification" first pushed artists out of the Old Port, then out of the Arts District and to Munjoy Hill."The city hasn't made enough of a commitment to the arts community," he said.Jed Rathband and Ethan Strimling said the city needs to switch from a "can't-do" attitude to a "can-do" attitude when housing projects come along.Rathband pointed to a housing development at Danforth and High streets led by Peter Bass. He said it fell through because the city didn't help with funding through its various loan programs.Strimling said philanthropist Roxanne Quimby tried to redevelop an abandoned building on Congress Street into housing, but gave up because the city made her jump through too many hoops.Two lower-profile candidates elicited the biggest cheers of the night. In response to a question that essentially asked, "How can you prove you're a supporter of the arts?" Hamza Haadoow said he writes poetry in both Arabic and English, and read a quick poem for the crowd."I am an immigrant / but also a U.S. citizen," Haadoow said. "I was born in Somalia / but I'm not a pirate. I am poor / but I am rich in my heart. ... I am not a politician / but I like to check in on politics."At another point, Pfeifle asked, "Should public money be spent to build live/work space for artists in Portland?" All of the candidates wrote "yes" on their answer cards, except for Chris Vail, a firefighter.But Vail, to loud cheers, said taxpayers can't handle any more burdens and the private sector must find a way to fund such projects."That well isn't running dry," Vail said, "it's already dry."Staff Writer Jason Singer can be contacted at 791-6437 or at: jsinger@pressherald.com

2011-09-27T10:31:00.000-07:00

PRESS HERALD September 26 Young Voters formally endorse Marshall for mayor PORTLAND — The Maine League of Young Voters has endorsed City Councilor David Marshall as its first choice to be chosen mayor of Portland in the Nov. 8 election, the group announced today.In a statement, Marshall said he is "psyched that the league is endorsing my campaign for mayor."The group used ranked-choice voting and asked its most active members to vote for their top five choices. The slate of candidates who came in second through fifth, in order, were: Michael Brennan, John Eder, Markos Miller and Jed Rathband.Dozens of the group's members who volunteered at least eight hours of time in the last year were invited to vote on the endorsements.The league held a mayoral debate Sept. 8 in which 15 candidates answered questions and challenged one another. In a less formal poll of 109 attendees after the debate, former Maine Rep. Brennan was the top choice, followed by Marshall, Miller, Rathband and Mayor Nick Mavodones.In other contests, the League of Young Voters endorsed Zeke Callanan for City Council District 4; Josephine Okot for the at-large School Board seat; and Justin Costa for School Board District 4.The league also says it is supporting the Yes on 1 campaign to save same-day voter registration and opposing questions 2 and 3 about gambling. The league also supports a “Yes” vote on Question 4, the Constitutional amendment, and a “Yes” on the county bond question about revamping the Cumberland County Civic Center.For more information, go to the league's website.

2011-08-26T05:39:00.000-07:00

PORTLAND DAILY SUN

City buildings, schools get energy upgrades
Aug 19, 2011 12:00 am

A majority of Portland students returning to the classroom this fall will be in buildings recently renovated with millions of dollars worth of energy efficiency upgrades.

Work is under way to convert 10 schools to natural gas heating, and a number of other projects are in motion or scheduled across the city, all aimed at making Portland's schools and public buildings cheaper to maintain. These projects are part of an $11 million bond package approved by the City Council about a year ago after plans were set in motion in 2008.

"It's taken three years or so to get to this point, but we're going to start seeing the results," said Councilor David Marshall, chairman of the Energy and Environmental Sustainability Committee.

"We're doing a lot of different things," he said.

About $9.4 million of the bond is being spent with the energy services company Ameresco. It's overseeing the lighting system and boiler plant upgrades, as well as various other heating control upgrades and other efficiency improvements.

"A large part of the savings on this project is natural gas conversions," said Ian Houseal, the city's sustainability coordinator.

He estimated that once the conversion for the the 10 schools and eight city buildings is complete, it will mean nearly $900,000 in annual savings, based on current fuel prices.

"The bright side of higher fuel costs is higher savings," he joked.

The remaining bond funds are almost entirely going to pay for new roofs and windows for city schools, he said.

Peaks Island, Lyseth Elementary and Presumpscot Elementary schools are getting new windows. King Middle, Peaks Island and Lyseth are receiving roof upgrades.

"It's been a very comprehensive overhaul of the school systems," said James Morse, the district's superintendent.

"We're very excited," he said. "Obviously, there's a lot of reasons to want to divorce yourself from fossil fuels. … It just makes incredible sense."

http://portlanddailysun.me/node/27712/

2011-08-16T15:44:00.000-07:00

PRESS HERALD

Posted: August 16
Updated: Today at 7:51 AM
Seven turn in signatures to run for mayor
Candidates have until Aug. 29 to have at least 300 of them validated in order to get on November's ballot.

By JASON SINGER Staff Writer

CROWDED MAYORAL RACE

THESE ARE the 20 residents who registered with the city as potential mayoral candidates:

• Erick Bennett
• Zouhair Bouzrara
• Charles Bragdon
• Michael Brennan
• Peter Bryant
• Ralph Carmona
• Richard Dodge
• Jill Duson
• John Eder
• Hamza Haadoow
• Nicholas Hall
• Jodie Lapchick
• David Marshall
• Nicholas Mavodones
• Markos Miller
• Jed Rathband
• Paul Schafer
• Ethan Strimling
• Christopher Vail
• Jay York

PORTLAND - Shortly after 9 a.m. Monday, City Councilor Jill Duson submitted 481 signatures to the city clerk's office. And with that, the race to become Portland's first popularly elected mayor in 88 years had its first official candidate.

Six candidates, from a field that could grow to 20, handed in signatures Monday. Among them was Nicholas Mavodones, a city councilor who was chosen by the rest of the council in December to serve his fourth one-year term as Portland's part-time mayor.

Candidates for the new full-time position have until Aug. 29 to turn in at least 300 valid signatures to get on November's ballot.

Duson didn't return a message seeking comment, but said in a news release that getting her signatures in early "reflects my commitment to action."

Mavodones, who handed in 500 signatures -- the maximum allowed -- called it the first step in a long process.

"I'm going to continue what I've been doing," he said. "That's build a grass-roots organization -- I had volunteers help collect signatures -- and also knock on doors, meet with people and let the voters get to know me."

Mavodones said he will run on his long record of public service.

In addition to Mavodones and Duson, City Councilor David Marshall, former state Rep. John Eder, retired merchant seaman Peter Bryant and Somali immigrant, businessman Hamza Haadoow and Portland Democratic Party vice chairman Ralph Carmona turned in signatures Monday.

The city clerk must determine how many of the candidates' collected signatures belong to registered Portland voters. That process will likely take several days, although the clerk had verified Duson's signatures by Monday afternoon.

Any candidates who don't have 300 valid signatures after the clerk's inspection will have until Aug. 29 to collect more. Eder, who turned in 310 signatures, and Bryant, who turned in about 350, welcomed the early turn-in date.

"It's helpful they've got this, so you can figure out where you stand, how many signatures are valid," Eder said. "Some residents might think they're registered, but they may not be. So I'm going to continue to collect signatures until I hear back."

Since 1923, Portland's mayor, chosen from among the city councilors, has held a largely ceremonial position. Under a city charter change approved by voters last year, voters will now elect a slightly more powerful, full-time mayor to a four-year term and a $66,000-a-year salary.

The mayor will have the power to veto the city's annual budget, but a veto can be overridden by a vote of six councilors.

One of the potential candidates, Jay York, has protested the new position. He says he's running only to point out the fiscal irresponsibility of making a mayor with only a few powers a full-time employee. He has asked voters not to vote for him.

Mavodones and Marshall, who began pushing for an elected mayor four years ago, disagree with York.

Marshall said a full-time mayor can lobby for Portland in Augusta, something the city has sorely lacked.

He pointed to reduced school funding, as well as Gov. Paul LePage's reported remarks about not wanting to work with Portland on a new fishing port, as proof that Portland needs a full-time advocate.

"We haven't had the leadership connections in Augusta," said Marshall, who handed in about 420 signatures. "If we started with diplomacy on Day One with LePage and the Legislature ... I think we'd be in a better situation today. We need them to understand that Portland is the central economic engine that drives Maine."

Haadoow did not return a message seeking comment Monday.

Staff Writer Jason Singer can be contacted at 791-6437 or at:

jsinger@pressherald.com

Showing 14 comments

Anthony M. Zeli 10 hours ago
Nick Mavadones did not support creating the elected mayor position, and I continue to wonder why he is running for a job he didn't think was worth creating. It sounds like he has changed his mind, which is okay, but this story doesn't address this. Councilor Marshall has indeed pushed for this change for many years now, and his position has remained steady.
Jason Shedlock and 2 more liked this

boobyjojohn 2 hours ago in reply to Anthony M. Zeli
mavadones didn't support the elected mayor, until he found out how much money they were going to be paid.
1 person liked this.

JuraA 3 hours ago
Based on this article it's pretty clear that the only one in the bunch with an actual agenda is David Marshall. He proposed the elected position of mayor with a clear understanding of the issues and a genuine concern for what is good for our city.
1 person liked this.

MrAWalker 54 minutes ago in reply to JuraA
He's also capable of working with the City staff (who are actually the power-players in this town). None of the other candidates have that experience - which will be essential for the Mayor.

Tommi 9 hours ago
Councilor Marshall is 100% right that we need a full time prominent person lobbying for us. Whether we are losing school money to rural districts or being insulted by our governor, a full time mayor will be a boon for us across the state. Marshall's mixture of experience and willingness to take on the failing status quo make him my 1st choice for mayor.
Jason Shedlock and 1 more liked this

Jason Shedlock 13 hours ago
Councilor Marshall has got it right. We need to make sure we not only look within the city's borders to affect change, but also work to forge partnerships where possible on the regional and state level.
2 people liked this.

William Ethridge 11 hours ago in reply to Jason Shedlock
I agree. David Marshall has already shown foresight in working to create the position, and I think he is the right candidate to achieve its full potential.
Jason Shedlock and 3 more liked this

Stephanie Vesey 10 hours ago in reply to William Ethridge
I agree with Councilor Marshall as well. We need a full time, people elected mayor to promote Portland. I look forward to hearing more from the candidates.
Jason Shedlock and 2 more liked this

Jake_007 12 hours ago
Where's Herb Adams when you need him.
Electing Jill Duson would be like watching the Bill Murray movie "Groundhog day".
1 person liked this.

Black 6 hours ago in reply to Jake_007
Diss'ng groundhogs? Good thing you didn't pick a hippo movie.

Ralph Carmona 17 hours ago
I wish you folks would have waited for closing day on this. I completed by 500 signatures three weeks ago, but was told to wait until this date. I got focused on a number of issues and turned in my signatures yesterday before 4:30PM. I was more focused on being the first candidate to publicly support the $33 million civic center bond measure. I was also focused on later today or tomorrow, announcing a key endorsement of my candidacy.
1 person liked this.

Peter Bryant 13 hours ago in reply to Ralph Carmona
Giood start - - Trying to whine your way in. ?

Now your sounding like the "Finger Pointer in Chief"
2 people liked this.

Ralph Carmona 17 hours ago
For the record, I had my 500 signatures over three weeks ago and was told about to wait for that date. I was more busy focused on issues, like a press release as the first candidate to support the $33 million civic center bond initiative. When I realized the date I turned in my signatures at 4:20PM yesterday. Ralph

Black 6 hours ago in reply to Ralph Carmona
No body outspends Ralph Carmona! is that $33m a firm pledge or will it go up as the campaign heats up?
boobyjojohn and 1 more liked this

http://www.pressherald.com/news/six-turn-in-signatures-to-run-for-mayor_2011-08-16.html

2011-08-16T15:38:00.000-07:00

THE FORECASTER

7 turn in papers to become Portland's first elected mayor
By Randy Billings

Aug 16, 2011 11:40 am

PORTLAND — Seven of the 20 residents to express interest in becoming Portland's first popularly elected mayor in more than 80 years have turned in their nomination papers, as of Tuesday morning.

Now, the candidates must wait as the City Clerk's office works to validate each petition.

This November, voters will choose a full-time mayor who will serve a four-year term, draw a $65,000 annual salary and have veto power over the city budget.

Currently, the mayor is selected by the City Council and plays a largely ceremonial role.

Monday was the first day residents could turn in nomination papers.

City Councilor Jill Duson, one of only two women interested in the position, was the first person to take out nomination papers and the first to turn them.

Other candidates to turn in their papers include Hamza Haadoow, Councilor David Marshall, Mayor Nicholas Mavodones, John Eder, Peter Bryant and Ralph Carmona.

Elections administrator Bud Philbrick said petition signatures will be verified in the order they are received. He estimated it would take a couple days for two and three staffers to verify the petition signatures for each candidate.

Unlike citizen-initiatives, the City Charter allows candidates to continue collecting signatures if they fall short, which Philbrick said will motivate staff to verify the signatures as quickly as possible.

"I expect to roll through this pretty quickly," he said.

Residents must collect between 300 and 500 valid signatures from registered Portland voters to be placed on the ballot.

Voters will be asked to rank their choices in order of preference, so if no candidate gets more than 50 percent of the vote, an instant run-off can take place until a winner emerges.

Duson, a 57-year-old Democrat, has served on the City Council since 2001. Her campaign theme is "Leading by Listening." She believes Portland has been a "successful city in a challenging time."

She believes her experience as an elected official — both on the council and School Board, and as the former state Director of Rehabilitation Services — makes her the best candidate for the the job.

Haadoow is 37-years-old and unenrolled in a political party. Haadoow emigrated to the U.S. from Somalia 10 years ago. Since then, he has opened two businesses: a transportation company and a small grocery store.

Haadoow, who is currently the assistant manager of Goodwill's recycling and sustainability program, said he is running to unify city. He believes there are too many divisions between immigrants and natives, the homeless and the middle class, and Muslims and Christians.

Marshall, a 33-year-old Green-Independent who owns an art gallery on Congress Street, has served on the City Council since 2006.

But Marshall said he is anything but a status-quo candidate. Over the years, he said he has been working to change the way the city does business, especially in the areas of supporting the arts, environmental sustainability and transportation.

He is running a platform of bolstering green jobs, the creative economy and sustainable development.

Mavodones, a 51-year-old Democrat and longtime city councilor, is the operations manager of the Casco Bay Island Transit District. The former School Board member said he has a track record of bring people together and focusing on economic development.

Mavodones, who opposed the creation of the popularly elected mayor position, said he is seeking the post because he believes the city is on the right track and can continue to prosper with only a few minor tweaks.

This is the second year in a row Mavodones has served as the council-selected mayor for the city.

Carmona, a 60-year-old Democrat, is new to the city, having moved here from California last August. The current vice chairman of the Portland Democratic Committee, his campaign theme is "Portland on the rise."

Carmona, who is retired from the utilities industry, said he is passionate about civil rights. He said he could advocate for the city in Augusta, noting his past experience as a lobbyist for Bank of America.

Eder, a Green-Independent, and Bryant, a Democrat, could not be immediately reached for comment.

Other residents who have not turned in their nomination papers are: Republican Erick Bennett, Zouhair Bouzrara (unenrolled), Charles Bragdon (unenrolled), Democrat Michael Brennan, Republican Richard Dodge, Green Independent Nicholas Hall, Democrat Jodie Lapchick, Markos Miller (unenrolled), Democrat Jed Rathband, Democrat Paul Schafer, Democrat Ethan Strimling, Jay York (unenrolled) and Christopher Vail (unenrolled).

Residents have until Aug. 29 to turn in their petitions.
Randy Billings can be reached at 781-3661 ext. 100 or rbillings@theforecaster.net. Follow him on Twitter: @randybillings

http://www.theforecaster.net/content/p-portland-mayor

2011-08-16T15:33:00.000-07:00

THE FORECASTER

Portland council denies marijuana petitioners extra time to collect signatures
By Randy Billings

Aug 16, 2011 8:50 am

PORTLAND — A petition effort aimed to make enforcement of marijuana laws the Portland Police Department's lowest priority has been snuffed out — at least for now.

But proponents of an ordinance that would have codified marijuana laws as the city's lowest enforcement priority said they are ready to try again.

The City Council on Monday rejected a proposal that would have allowed the marijuana advocacy group, Sensible Portland, additional time to collect signatures that would have placed the ordinance on the November ballot.

Sensible Portland collected 2,100 signatures and turned them in to the City Clerk's office on July 15, a month ahead of schedule. But the group fell 93 signatures short of the 1,500 needed after the clerk culled the list for registered Portland voters.

Councilor David Marshall called the 35 percent rejection rate "unprecedented," and asked the council to considered giving the group an additional 10 days to collect the signatures.

"This group thought they had 10 (extra) days and plenty of signatures," Marshall said.

Marshall, along with Sensible Portland members, noted that the city's petition gathering process is not only at odds with the state, but also an exception within its own local laws.

The state allows petitioners extra time to gather signatures if they fall short. So does the city where a group is trying to change the City Charter, but not the code of ordinances.

"It's actually easier to change the City Charter than it is the City Ordinance," Marshall said. "That just doesn't seem to make a lot of sense to me."

Sensible Portland, which believes the city wastes time and money on marijuana enforcement, said they acted in good faith to comply with the existing rules.

Anthony Zeli, of Sensible Portland, said the grassroots effort relied completely on volunteers, most of whom had never before petitioned. That group worked closely with city staff on both the petition and the proposed ordinance, he said.

"This is definitely a complex process," Zeli said. "It's not easy for a group of citizens to go through."

To deny the group additional time, some said, would be to disenfranchise the 1,000 Portland residents who supported putting the question on the ballot.

"Those signatures are not just ink on paper," resident Jason Shedlock said. "They represent voters across the city who have engaged, to one extent or another, in the civic process. Whether or not one agrees with the underlying goal, we as a city should be fostering that engagement any chance we can."

But resident Robert Haines said the issue had nothing to do with civic engagement.

"This is about sour grapes," Haines said. "You don't change a process once it has started to bail out a group that didn't do their homework."

The majority of councilors agreed that it was unfair to change the rules midstream to help a specific petition drive.

Councilor Cheryl Leeman said she served on the council when the ordinance was changed to prohibit additional time for ordinance petitioners. That action occurred because the city lowered the signature threshold, she said.

"The state ... threshold is much higher with regard to how many signatures you have to have, which is why they allow you that extra 10 days," Leeman said.

But councilors were open to a comprehensive review of the petition process as it compares to state law, directing staff to collect information for an early October workshop.

While it takes 1,500 signatures to place a citizen-initiated ordinance on the ballot, the state standard for changing Portland's charter is upwards of 4,500 signatures.

But Leeman cautioned that the group's effort to align state and local laws might backfire.

"I think you will find it will make it more difficult," she said.
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After the meeting, Sensible Portland immediately began collecting more signatures for a new petition effort.

Zeli said the group was not giving up on the effort and is eying the June 2012 or November 2012 ballot.

"It's a setback for for this petition drive," he said, "but it's certainly not the end of the issue."
Randy Billings can br reached at 781-3661 ext. 100 or rbillings@theforecaster.net. Follow him on Twitter: @randybillings

http://www.theforecaster.net/content/p-council-taps-out-marijuana-petition

2011-08-16T15:27:00.000-07:00

KENNEBEC JOURNAL

August 9

Panel recommends Portland prohibit sale, use of fireworks
The city considers the action because a new state law legalizes fireworks except where locally prohibited.

By Dennis Hoey dhoey@mainetoday.com
Staff Writer

PORTLAND — A City Council committee is recommending that Portland prohibit sales and use of fireworks in the city once a new state law legalizing fireworks takes effect.

Fire Chief Fred LaMontagne said the city is too densely populated and built up to allow people to use fireworks.

“We really have grave concerns around a fire starting, as well as personal injuries,” he told members of the council’s Public Safety Committee.

City Councilor Ed Suslovic, who chairs the committee, and Councilor David Marshall voted to support the prohibition. The committee’s other member, Councilor John Coyne, was unable to attend Tuesday night’s meeting.

The committee’s recommendation is scheduled to go to the City Council for adoption in September.

L.D. 83, which was enacted by the Legislature on June 29, will allow sales and use of consumer fireworks except in cities and towns that decide to prohibit them.

Consumers fireworks are considered to be less potent and smaller than those used for public displays. Federal regulations define them as any device that’s designed to produce a sound and contains as much as 130 milligrams of explosive material.

Sponsors of the bill said people in Maine already use fireworks but there are no safety programs because they are illegal. By legalizing their sale, supporters said, fireworks will create jobs and generate revenue for the state through the sales tax.

But, in Portland there appears to be little, if any, support for allowing fireworks to be sold or used.

Marshall noted that a major Portland fire was started in 1866 by children setting off fireworks near a molasses factory. He said he will lobby for a comprehensive prohibition of their sale and use.

“I’ve already had a lot of complaints from people in Parkside about fireworks going off at all hours of the night,” Marshall said.

Helen Andrews, who lives on Chester Street, said she heard fireworks going off in her neighborhood two nights ago, around 9:30 p.m.

“I wasn’t sure who I was supposed to call, but I hear (fireworks) going off all the time,” said Andrews, who told the councilors that she supports prohibiting fireworks in the city.

“The only fireworks we’re going to allow will be in this chamber on Monday nights,” Suslovic said.
Also Tuesday, committee members discussed a potential revision to the city’s ordinance governing the raising of domestic chickens.

Marshall said he wants to reduce the setback provision in the two-year-old ordinance, which is now 25 feet, to let people who live in densely populated neighborhoods such as the West End have the opportunity to raise chickens.

The ordinance permits a resident – for a $25 annual fee – to raise as many as six hens as pets in their backyard.

Under the ordinance, a henhouse must be at least 25 feet from any residential structure, including any building on an adjacent lot. Marshall feels that provision is too restrictive.

“Being able to domesticate chickens adds to the food options of people,” he said.

The issue will be discussed at the Public Safety Committee’s meeting on Sept. 13.

Staff Writer Dennis Hoey can be contacted at 791-6365 or at: dhoey@pressherald.com

http://www.kjonline.com/news/Panel-recommends-Portland-prohibit-sale-use-of-fireworks.html

2011-07-18T19:48:00.000-07:00

THE FORECASTER

Housing developer seeks different shade of green for Portland-funded project
By Randy Billings

Jul 12, 2011 12:00 am

PORTLAND — Avesta Housing wants the city to waive a requirement for energy efficiency certification at the Mirada Adams School property on Munjoy Hill.

If granted, the waiver would be third under the ordinance, which was adopted two years ago.

The frequency of waivers has prompted a review of the policy.

Avesta plans to build 16 townhouse condominiums at the site of the former school at 48 Moody St. The school building has been demolished and development plans are scheduled for Planning Board review next month.

Development Officer Seth Parker said the nonprofit, affordable housing agency is seeking the waiver to reign in the costs of each condo. The units will be sold, not rented, which makes it more difficult to absorb the costs, he said.

"Adams is sort of a different model for us, being a for-sale condominium," Parker said. "It's a really tight budget, and we're really trying to preserve the affordability of those units up there the best we can given the market conditions."

Parker estimated it would cost about $47,000 for consultants, reporting and registration fees to certify the Adams School project under the U.S. Green Building Council's Leadership in Energy and Environmental Design program, as required by the city.

That would add about $3,000 to the cost of each condo, Parker said.

The ordinance requires LEED certification for construction projects that receive more than $25,000 in city funding. The Adams School project has received $1.71 million in Neighborhood Stabilization Program funding.

Avesta formally submitted its waiver request last week to Planning and Urban Development Director Penny St. Louis, who is responsible for administrative waivers.

When reached on vacation Monday, St. Louis said she hasn't had a chance to review the request. But she expects to make a decision soon after she returns.

Waivers may be granted when projects negatively impact a historic building, or when certification would be cost prohibitive.

City Councilor David Marshall said he is disappointed that the certification requirement may be waived.

"I guess the waiver has become more of the rule rather than the exception," Marshall said.

The Pierce Atwood law firm was granted a waiver last year for renovations to the former Cumberland Cold Storage building on the waterfront. That project triggered the ordinance because it received $2.8 million in tax increment financing from the city.

The Baxter Library renovation, which received a TIF, also received a waiver. But Marshall said that one was appropriate, since the project would have lost historic value, and tax credits, because of LEED certification.

"After seeing a couple of these go through, like the Cumberland Cold Storage, it became clear to me we needed to revisit the ordinance," Marshall said.

Parker said Avesta is committed to the LEED program and plans to build green and energy-efficient buildings. He said the group is not seeking waivers for two other developments.

"We are fully behind the LEED program," he said.

Parker said the agency is pursuing LEED Gold certification, at a cost of about $78,000, for Phase II of Pearl Place. The year-long project is slated to get started this fall, he said.

Platinum certification is being sought for 37 artists lofts on Oak Street, at a cost of about $20,000. That project is already underway and should be fully leased by next spring, he said.

Parker said additional costs of removing and disposing of contaminated soils have also driven up the Adams project costs.

But the waiver requests have prompted a general review of the ordinance.

The Green Building Incentive Task Force has recommended several changes to the council's Energy and Environmental Sustainability Committee.

In a July 7 memo, the task force (composed of city officials, developers, business leaders and a green building expert) recommended increasing the trigger for LEED certification from $25,000 to $200,000.

It also recommends, among others, removing renovations from the ordinance and allowing any third-party green certification, rather than requiring LEED.
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While discouraged that the Green Building Code has not worked out as well as anticipated, Marshall said he remains committed to developing policies that ensure that tax-funded developers are building energy-efficient buildings.

"Especially when most of our buildings are heated with home heating fuel, it's just so important we change the ways in our construction to create better performing buildings," he said.

Randy Billings can be reached at 781-3661 ext. 100 or rbillings@theforecaster.net. Follow him on Twitter: @randybillings.

http://www.theforecaster.net/content/p-adams-school-developer-seeks-leed-waiver-city-funded-project-portland

2011-07-07T07:28:00.000-07:00

PORTLAND DAILY SUN

Committee mulls plans to counter sea level rises
By David Carkhuff
Jul 07, 2011 12:00 am

Waves over 10 feet high battered Portland during the Patriot's Day Storm in mid-April 2007, yielding the seventh highest tide since the early 1900s.

Today, a city committee is considering the impacts if storms like the Patriot's Day Storm strike in tandem with another feared event — projected rises in sea levels attributed to the effects of climate change.

"The Patriot’s Day Storm will long be remembered for its meteorological significance and devastating power," recalls the Gulf of Maine Ocean Observing System. "Violent waves destroyed homes, businesses, coastal roads, and beaches, while forceful winds tore down power lines leaving many residents in the dark for days."

"We want to be able to start planning our investments to be able to avoid those kinds of capital costs in the future," said City Councilor Dave Marshall, chair of Portland's Energy and Environmental Sustainability Committee. The committee is mulling a planning effort that would help the city cope with rising sea levels, as part of its meeting today at 5:30 p.m. at City Hall.

"Tide gauge measurements and satellite altimetry suggest that sea level has risen worldwide approximately 4.8-8.8 inches (12-22 cm) during the last century," according to the U.S. Environmental Protection Agency.

Many scientists say manmade global warming contributes to these changes in sea levels. The EPA states that "the addition of greenhouse gases and aerosols has changed the composition of the atmosphere. The changes in the atmosphere have likely influenced temperature, precipitation, storms and sea level." Not everyone agrees, and skeptics point to a lull in global warming between 1998 and 2008 as one counterargument to the theory that people are affecting the planet's climate. (And on Tuesday, Washington Post blogger Andrew Freedman even cited a new study that blames the 10-year lull in global warming on China's coal use and air pollution, arguing that coal actually screens the Earth from the sun's heat.)

As the issue of climate change is debated, Portland is looking to position itself to mitigate the impacts of storm surges and sea level rises.

"We're trying to get the city administration to start going through a planning process to plan our capital investments around the impact of sea level rise," Marshall said.

The Patriots Day storm cost a huge amount in infrastructure damage, Marshall recalled. The city had to rebuild the East End Trail, Back Cove and portions of Bayside.

"When that storm came in, Bayside was substantially flooded, Commercial Street was flooded," Marshall said. "Even without a storm when you go out to Marginal Way during the spring high tide you can have standing high water on the street."

Commercial Street and Bayside are among the "areas we claimed from the ocean a while ago," Marshall said, and as sea levels have risen, those areas could face damage. The ideal long-term vision would avoid putting money into areas that aren't adequately protected, he noted.

"It's really an immediate issue, and it's not something that we should put off," Marshall said.

The meeting agenda suggests a city council resolution asking city staff to launch the process.

"We haven't discussed hiring a consultant," Marshall added, but if staff came back and asked for help, the city council could consider it, he said.

http://portlanddailysun.me/node/26489/

2011-07-07T07:24:00.000-07:00

PORTLAND DAILY SUN

Measure making marijuana 'lowest police priority' advances
By Casey Conley
Jul 06, 2011 12:00 am

Sensible Portland, the group behind a citizen-petition to make marijuana enforcement the lowest priority for city police, says it has gathered enough signatures to put the initiative on the November ballot.

In a Monument Square press conference yesterday, the group’s leadership said they are hoping the proposal will spur “an adult conversation” about marijuana policy that could spread well beyond city limits.

“To be clear, we hope that this measure is a step toward the eventual end of prohibition of marijuana in this country,” said John Eder, a spokesman for Sensible Portland and a former Green Party state representative. “This local ordinance isn't a small thing.

“Most movements start locally, and this movement will have its effect on the state, … and it will have its effect nationally, as Maine joins the chorus of states and cities that are going on record saying they want to end the prohibition of marijuana for persons over the age of 21,” Eder continued.

Sensible Portland’s proposal would amend city statutes to codify that possession-level marijuana offenses, for non-violent adults who are 21 or older, would be the lowest enforcement priority for city police.

A summary of the ordinance provided yesterday by Sensible Portland said the ordinance aimed to prohibit police from arresting or fining non-violent adults 21 or older for possession-level offenses, or “ascertaining the possession” of marijuana or paraphernalia.

Exemptions to those provisions are built in to the ordinance for persons who are either committing a violent act, or have a previous conviction for a violent crime.

Under Maine law, possession of a "usable amount" of the drug — less than 2.5 ounces — is considered a civil penalty punishable by fines up to $1,000. Possession of drug paraphernalia is also a civil penalty, punishable by a $300 fine.

Marijuana-related infractions can escalate depending on the nature of the offense. Possession of more than 2.5 ounces is considered intent to sell, which can lead to jail time and fines of up to $20,000. Sale of paraphernalia can also lead to jail time.

The ordinance does not explictly seek to prohibit police from intervening in drug sales that involve marijuana.

By directing police to focus on matters other than petty possession, the group hopes additional resources will be focused on violent crime and “harder” drugs. The measure also aims to protect medical marijuana patients from harassment if federal authorities crack down on legal use of the drug.

“We don’t want to take it for granted, we want to codify that this is our lowest law enforcement priority, because with a new incoming chief and a new incoming mayor, those priorities could shift,” Eder said.

The proposed ordinance doesn’t prohibit local police from interacting with federal drug authorities. There is no sanction against city police for ignoring the ordinance, should it pass.

As drafted, the ordinance calls on the mayor to report back to the city council each year with details on how well the ordinance is being followed.

The Sensible Portland measure was based on existing ordinances in places like Seattle, Oakland and Denver, as well as policies enacted in smaller municipalities in Montana and Arkansas.

Although most city ordinances aren’t created through referendum, there have been some notable exceptions over the years. For example, city residents in 1987 voted nearly 2-1 to enact new zoning rules designed to protect the working waterfront.

Over the past five weeks, a handful of volunteers with Sensible Portland have collected more than 2,100 signatures — well above the 1,500-signature threshold required by city statute. The city clerk now has 15 days to verify those signatures.

If that occurs, the measure will go to the city council, which can either vote to approve the ordinance amendments (something seen as unlikely) or place it on the Nov. 8 city ballot, which will also decide the city’s first elected mayor in more than 80 years.

Anna Trevorrow, a former charter commissioner and state Green Party chair, said yesterday that she and other volunteers witnessed plenty of support in Portland for initiatives like this one that "get us closer to progressive marijuana policy reform."

"We met with great response from Portland voters who were signing eagerly, who were not sure why marijuana was not already legal," she said, adding, “We feel that this goes beyond decriminalization."

She said the group has not discussed the proposal with Portland police.

Assistant Chief Mike Sauschuck — who will take over administration of Portland police department once Chief James Craig leaves for his new post in Cincinnati — declined to comment on the proposed amendments.

In an email, he did say that the department is “looking forward to working with the City Council and staff in regards to this issue but we have had no discussions with 'Sensible Portland' and have no official comment at this point.”

Councilor Dave Marshall, who sits on the council’s Public Safety Committee, said yesterday that he is “supportive of the petitioners and their effort to bring this to referendum.”

“I think the referendum is the most appropriate place for this issue to be addressed,” he said.

http://portlanddailysun.me/node/26464/

2011-06-23T06:32:00.000-07:00

‘Artist in residence’ program at 660 Congress St. never materialized
By Casey Conley
Jun 23, 2011 12:00 am

A vacant building in the upper Arts District owned by millionaire philanthropist Roxanne Quimby has been put up for sale.

Tom Moulton, an agent with NAI/The Dunham Group, confirmed yesterday that the three-story townhouse at 660 Congress St. was on the market. He said the asking price was $295,000 — roughly $55,000 less than Quimby paid for it in May 2009.

The 7,200-square-foot building was listed just a few days ago.

Quimby, who was a co-founder of the natural skincare company Burt’s Bees, bought the building with the intention of converting it into studio space for emerging artists. The concept was praised by city officials and nearby businesses, but the “artist in residence” vision never materialized at that site.

Indeed, the project was beset by one hurdle after another.

In late 2009, Quimby asked for and received a special exemption from the city council allowing her to avoid $405,000 in fees, but the decision was not without controversy. At issue was her plan to convert seven upper-floor apartments into artist space.

Those conversion plans ran afoul of the city’s housing replacement ordinance, which at that time required developers to pay a $58,000 fee for any housing unit that they eliminated.

Housing advocates urged the city not to grant the exemption, and three city councilors voted against it (including current Mayor Nick Mavodones). The ordinance has since been amended, removing the exemption granted to Quimby.

In early 2010, an arsonist set the building ablaze, causing moderate smoke and fire damage. Since then, the boarded-up building has just sat there.

Portland’s Historic Preservation committee also denied a request to remove large bay windows from the first floor of the building and replace them with another window style.

Quimby abandoned the idea of opening the artist colony at 660 Congress last summer.

"It was a whole variety of things," Councilor Dave Marshall said, when asked what caused the project to fall apart.

"I think the idea of having an artist colony seems good at first, but once she got an idea of ... what the colony would look like, it got to point where it didn't make much sense to use that building," he continued.

Marshall said Quimby's vision for the site, a textile and culinary program, needed open spaces not found at 660 Congress.

Attempts to reach Quimby were not successful yesterday.

According to a website for The Quimby Colony, she hasn't given up on the artist in residence program.

The website says the artist-in-residence program will be run out of a property at 769 Congress St., which was formerly home to The Roma restaurant.

It wasn’t immediately clear if the artist colony had actually opened.

Marshall, whose district includes 660 Congress, said the potential sale of the vacant building was a positive thing for the neighborhood.

“I am hopeful to see a project move forward that will have a positive impact on the community,” he said, adding that he was "optimistic about seeing some development occur there in the near future.”

Moulton, the commercial broker, said the building could have many different uses, including a mix of commercial and residential space. Despite challenging real estate conditions, he predicted a buyer could be found.

“It’s among the last un-renovated buildings on the Peninsula on Congress Street,” he said, adding that “because of its size, it is set up for a small to medium size development.”

Work crews spent much of the day yesterday inside the building preparing it for a sale. According to Moulton, the structure itself is stable despite suffering smoke damage last January. He said the building had largely been gutted.

Built in 1900, the structure was designed by well-known Portland architect Francis Fassett, who also developed part of the Maine Medical Center campus and several West End mansions.

City records show 660 Congress is valued at about $175,000 by the city assessor. The building has sat vacant since 2007.
660 Congress Street

The building at 660 Congress Street owned by Roxanne Quimby has been put up for sale. Asking price is $295,000.
- Casey Conley

http://portlanddailysun.me/featured/story/quimby-sell-vacant-arts-district-building

2011-06-23T06:30:00.000-07:00

PORTLAND DAILY SUN

City approves $31M tax breaks for Thompson’s Pt. project
By Casey Conley
Jun 22, 2011 12:00 am

As expected, the city council on Monday unanimously approved tax breaks worth an estimated $31.4 million for developers of The Forefront, a mixed-use hotel, office and convention center project planned for Thompson’s Point.

In a separate vote, the council voted down a measure that would have capped the overall value of the tax breaks during the 30-year agreement. That vote failed 5-3 with councilors Dave Marshall, John Anton and Cheryl Leeman in the minority.

Approval of the tax-increment financing deal between the city and developers allows the city to retain roughly 46 percent of new property tax revenues generated from the $100 million development. Developers would keep 54 percent of that new property tax revenue, estimated at $31.4 million to the city’s $26.4 million over the life of the agreement.

Those figures are just estimates, and could change up or down based on future tax rates and the overall valuation of the property.

Not all of that $26.4 million will make it into the city’s general fund budget. Councilors Monday night voted to divert 25 percent of its share of annual revenues from the development into a special fund for transportation improvements. The city council didn’t make any decisions this week on how it would spend that money.

Thompson’s Point Development Co. has proposed building a convention center, two office buildings, a hotel, parking garage and concert venue on Thompson’s Point, in the city’s Libbytown neighborhood. The convention center could be configured into a 3,500-seat arena for the Maine Red Claws minor league basketball team.

Jon Jennings, a principal in the development group, says the project will become a true destination in Portland. He has said the concept is similar to the L.A. Live complex in downtown Los Angeles that's home to the Staples Center basketball arena and other entertainment venues.

Construction is scheduled to begin early next year and wrap up in late 2013.

Approval came less than two weeks after the tax break plan — the largest in the city’s history — was first unveiled to the public. The city council held a special meeting June 13 for the sole purpose of advancing the measure, a step no councilor could recall happening before.

Councilors accelerated the review largely because developers said throughout the process that the project might fall apart if the tax breaks weren’t approved before the end of June.

With the tax break question now settled, the project is heading to the planning stages. It is due to come before the planning board for a workshop on Tuesday, June 28 at 3:30 p.m. at City Hall.

http://portlanddailysun.me/news/story/city-approves-31m-tax-breaks-thompson%E2%80%99s-pt-project

2011-06-22T17:29:00.000-07:00

PORTLAND DAILY SUN

Property Owners Catch Break On New Graffiti Rules
Watered-down graffiti ordinance passes after fines removed
By Casey Conley
Jun 22, 2011 12:00 am

Property owners that fail to remove graffiti from their buildings won’t be fined under new rules passed by the city council this week.

But the ordinance, which passed unanimously Monday night, gives the city authority to remove graffiti from private property and charge the landowner for the work, plus a fee.

The ordinance also includes civil penalties for graffiti vandals caught in the act, offers new guidelines regarding how local stores should regulate the sale of spray cans and paint markers and gives police authority to issue citations for possession of these so-called “graffiti implements.”

People under 18 years old would also be banned from buying graffiti implements without a parent’s consent. The civil penalties come in addition to any criminal charges authorities might levy against vandals accused of writing graffiti.

The new rules take effect July 20.

Trish McAllister, the city’s neighborhood prosecutor, said yesterday that she was concerned that fewer property owners would comply without the threat of a fine.

“That being said, I definitely think passage of the ordinance last night is a great step in the right direction,” she said. “I understand the council's actions completely; they were responsive to the concerns from the public, and I truly do respect that.”

The ordinance was first introduced about six months ago to target graffiti, a problem city officials believe is getting worse. The proposal was built largely upon a similar measure in South Portland that has been largely successful without resorting to fines.

During the roughly four-month review, residents and landlords demonstrated strong support for the intent of the new rules but uneasiness about the fines.

Several downtown building owners argued that fining victims of a crime was not the right approach. Those who supported the fines, including city officials, police and some landlords, said they were necessary to give the ordinance teeth.

The final version of the ordinance represents something of a compromise.

Under the new rules, the city will send notices to property owners if graffiti is left on their home or building. The property owner would have 10 days to present the city with a plan for removing that graffiti.

If the property owner ignores the notice or fails to respond, the city could send crews to remove the graffiti and then bill the owner for the work, plus the 10 percent administrative fee. The city would need permission to gain access to the property. Failure to pay the fee could result in a lien placed on the property.

Brad McCurtain, who owns a building near Monument Square, was among those who spoke out against the fines. He said the council did the right thing by backing away from that proposal.

“That would have been very scary for real estate ownership in the city had that passed the way it was worded,” McCurtain said Tuesday, adding that the language was vague and wouldn't allow property owners to appeal the fine.

An amendment proposed by Councilor Dave Marshall to remove the fines, which ranged from $100 or less for first offenses to $500 for three or more offenses, passed 5-3.

Another amendment that called for the city to create internal policies for how it will adhere to the ordinance for any graffiti left on public property also passed.

“Using a punitive fine system in order to try to encourage property owners to remove graffiti after the property has been vandalized is not the way to go,” Marshall said yesterday.

“I am really glad the council sided with them in removing the fines so that we can work proactively with property owners to remove graffiti from private public property,” he continued.

Aside from new rules and regulations, the city is planning to launch an http://www.blogger.com/img/blank.gifonline database shortly that lets residents report graffiti, submit photos and provide exact address information. That system is still in the works, but McAllister said it could include an iPhone or Android app that lets residents report graffiti from their smartphones.

Officials believe the database could encourage people to report graffiti, will lead to quicker removal and also help police track patterns. If a graffiti vandal is caught, that photo evidence could lead to more serious charges against the perpetrator, authorities say.

http://portlanddailysun.me/featured/story/property-owners-catch-break-under-new-graffiti-rules

2011-06-22T17:25:00.000-07:00

PRESS HEARLD

New Portland graffiti ordinance
removes fines for property owners

But 'taggers' can be fined $500 and be required to do community service.

By Dennis Hoey dhoey@mainetoday.com
Staff Writer

PORTLAND — People who get caught vandalizing property with graffiti will be punished, and their victims won't, under a new ordinance adopted Monday night by the City Council.

The ordinance, which was developed over the course of about six months, passed unanimously.

The minority bloc of councilors opposed an amendment, offered by Councilor David Marshall, that removed an escalating system of fines for property owners who fail to remove graffiti after their buildings get "tagged" by vandals.

Without those fines, which would have ranged from $100 for the first offense to $500 for three or more violations, those councilors said the ordinance would be too weak to compel property owners to comply.

Coyne said it would be like having a spayed pit bull – threatening, but ineffective.

Their arguments failed to persuade the majority of councilors, who supported Marshall's amendment.

"We don't need fines in order to have an effective ordinance," Marshall said.

He noted that the ordinance will require property owners to file plans with the city for removing graffiti within 10 days.

The ordinance also contains penalties.

Anyone who puts graffiti on public or private property can be fined $500 and be required to do at least 25 hours of community service.

Possession or furnishing of graffiti instruments could subject an offender to a fine of as much as $250.

If the city removes the graffiti, the property owner will be charged the cost of removal, plus a 10 percent administrative fee.

Doug Fuss, a bar and restaurant owner in the Old Port, lobbied for passage of the ordinance with fines for property owners who don't remove graffiti. Fuss said the war on graffiti can't be won unless the graffiti is removed quickly.

James Harmon, who owns 130 rental units in Portland, said he supports the ordinance, but not the fines.

"I think the fines are unfair," he said.

"Don't victimize the victims all over again," said Charles Bragdon, a Portland resident.

Suslovic, who chairs the council's Public Safety Committee, said there is widespread consensus in the community that graffiti is a problem. "It seems to be everywhere," he said.

Along with Marshall, the councilors who voted to pass the ordinance were Jill Duson, John Anton, Dory Waxman and Mayor Nicholas Mavodones.

Staff Writer Dennis Hoey can be contacted at 791-6365 or at: dhoey@pressherald.com

http://www.pressherald.com/business/new-graffiti-ordinance-removes-fines-for-property-owners_2011-06-21.html?searchterm=graffiti

2011-06-21T19:21:00.000-07:00

PRESS HERALD

Posted: June 21
Updated: Today at 5:18 PM

Portland approves tax break
for Thompson's Point development

City councilors also decide to fund transit projects with one-quarter of the tax money generated by the project over 30 years.

By Edward D. Murphy emurphy@mainetoday.com
Staff Writer

PORTLAND – The City Council approved a $31 million, 30-year tax break for a new development on Thompson’s Point early today and decided to set aside 25 percent of the money the city will receive, to be used for transit projects.

The council did not specify how it will use the transit money, although Councilor David Marshall pointed out it would be enough to pay for an express bus from the Portland International Jetport to the Portland Transportation Center – next to the proposed Thompon’s Point development – and then on to the Maine State Pier.

The tax break drew some opposition at the late-night public hearing, but a number of downtown development and transit officials praised the proposal, to be called The Forefront at Thompson’s Point, as a spur to economic development and a job creator.

The $100 million project will include two office buildings, a hotel, an arena/convention center, a concert hall and a parking garage. The developers said they need the tax break to cover higher costs due to the marine clay on the site, as well as a costly rail crossing. Their timeline calls for getting city and state approvals by the end of the year, with construction getting under way early next year.

The city will take in an estimated $26.4 million over 30 years, with 25 percent – or about $6.6 million in total – going toward transit.

Staff Writer Edward Murphy can be contacted at 791-6465 or at: emurphy@presshttp://www.blogger.com/img/blank.gifherald.com

http://www.pressherald.com/news/Tax-break-for-Thompsons-Point-development-approved.html

2011-06-21T11:26:00.000-07:00

PRESS HERALD

Posted: June 21

Updated: Today at 12:37 AM

Project to help Casco Bay gets fast-tracked, will increase sewer rates

Portland's City Council decides to act more quickly on stopping storm-driven sewage that overflows into the bay.

By Edward D. Murphy emurphy@mainetoday.com
Staff Writer

PORTLAND — The City Council voted to speed up a costly sewer project Monday, deciding to fix most of the overflow points that dump raw sewage into Portland's waterways in 15 years. City staff had recommended spreading the work – and the cost – over 25 years.

The sewage project, which will cost $170 million and triple most homeowners' sewer rates, even surprised several representatives of the Friends of Casco Bay who had turned out to urge the council to step up the pace of a project that is already three years overdue.

"The council listened," said Joe Payne, baykeeper for Friends of Casco Bay. "They're ready to say, 'We're done with dumping raw sewage into Casco Bay.' "

The city's public services staff had suggested a 25-year timetable for the work, which will end most of the sewage overflows that occur in heavy rain. But councilors said they think the project, which will dramatically decrease the amount of sewage that goes into the bay, needs to be done sooner.

The city signed an agreement with the Environmental Protection Agency in 1993 to close most of the overflows, which are relief valves that keep the sewer system from backing up when heavy rain is combined with sanitary sewers.

Because most of the city's household and industrial waste flows through the same pipes that carry storm runoff, heavy rain can overtax the system, creating the need for overflow points that allow both rainwater and raw sewage to run into Casco Bay, the Fore River, Portland Harbor and Back Cove.

But the work to create separate lines for the two types of sewage has run behind. By the time the official deadline for fixing 33 of the 39 overflows passed in 2008, only nine had been done. And the projections for the rest of the work topped $500 million.

Now, city officials have come up with a system that relies on underground storage conduits to hold the sewage and storm water in heavy rains until the city's water treatment plant can catch up, cutting the cost to $170 million.

The plan also uses "green" methods, such as "rain gardens" which are designed to absorb rainwater and allow it to flow into the ground rather than running into catch basins.

Payne and others said a 25-year timetable would stretch out the work until at least 2038 -- the new phase of the project begins in 2013 -- more than three decades beyond the original agreement for closing most of the overflows.

"Twenty-five years is too long," Payne told the council. "It's going to be inherited by our kids and grandkids."

The council considered and ultimately rejected a compromise proposal to do the work over 20 years.

It also considered asking city staff members to work up cost estimates and work schedules showing how the project would be handled if the timetable was for 15, 20 or 25 years.

Ultimately, however, they went with the faster fix.

"We're going to have to pay for this sooner or later," said Councilor David Marshall.

It will actually be homeowners and businesses paying the bill, however, through higher rates that will pay off the bonds used to borrow the money.

City projections are that either the 15- or 25-year plan will triple rates and a typical homeowner's sewer bill will rise from about $400 a year currently to about $1,300 once the full impact of the bond bills kicks in.

The 15-year plan plan means bills will hit that point in about eight years.

The tax break vote was delayed by several lengthy public hearings Monday night.

Councilors are considering a tax increment financing plan that would allow the developers to get back about $31 million out of more than $56 million they will pay in property taxes over 30 years if the $100 million project, The Forefront at Thompson's Point, goes through.

The developers said the TIF would allow them to cover high costs from developing the site, which contains marine clay and will require piles to be driven about 100 feet to reach bedrock.

They are also including several public enhancements, such as a 700-car parking garage, that will be made more affordable by the tax break, the developers said.

The project as proposed will include two office buildings, a hotel, an arena/convention center and a concert hall in addition to the garage.

Staff Writer Edward D. Murphy can be contacted at 791-6465 or at: emurphy@pressherald.com

http://www.pressherald.com/news/sewer-project-to-help-casco-bay-now-has-a-faster-deadline_2011-06-21.html

2011-06-14T06:55:00.000-07:00

PORTLAND DAILY SUN

Some councilors irked by ‘unusual’ special meeting
By Casey Conley
Jun 14, 2011 12:00 am

The proposed $100 million project at Thompson’s Point could fall apart if the city doesn’t act on $31 million in tax breaks by month's end, developers said yesterday.

Jon Jennings, a principal in the project known as “The Forefront,” said that “more than likely the project won’t go forward in Portland” if the tax breaks aren’t finalized by the end of June.

“We have asked for a time line that would get us through the process by the end of the month because we have some extraordinary costs we are obligated to do by the first part of July,” Jennings said.

He declined to comment on whether the project might move ahead in another municipality if it falls through in Portland.

Jennings added that the investment team behind the project must soon make a “sizable payment” on a 25-acre development plot, and that they won’t make that type of commitment unless “we know we are working in a cooperative fashion” with the city.

To that end, the city council held a special meeting last night that addressed the proposed 30-year tax-increment financing plan for the development, which would include a conference center, hotel, office buildings, a restaurant, and 3,500-seat arena for the Maine Red Claws minor league basketball team.

The special meeting caught at least one city councilor by surprise, and its timing was questioned by at least two other councilors.

The tax deal, which was endorsed less than a week ago by the city council’s Community Development Committee, would let developers keep $31.4 million out of an estimated $58 million in new property taxes over 30 years.

The city would receive about $26.4 million of that tax revenue spread over 30 years, minus 3 percent that would be set aside each year in a fund for transportation improvements.

If the site is left undeveloped, it will generate about $3 million in property taxes over the next 30 years. Currently, the parcel is home to a propane company and the rail authority that runs the Amtrak Downeaster train.

Thompson’s Point is located at the end of Sewell Street, just steps from the Portland Transportation Center, in the city’s Libbytown neighborhood.

A study commissioned by developers said the project would create more than 1,200 jobs during construction and sustain about 450 jobs each year afterward. The project is due to be completed in late 2013. Those figures could not be independently confirmed.

Regardless, some city councilors weren’t thrilled that a special city council meeting was called to give the tax deal a first reading, a step one councilor called “unusual.”

Major agreements like this one require two readings by the city council before a vote can be held.

“I do not see the need to move so fast,” Councilor John Anton said in an email. “The developer has yet to identify tenants for the office buildings and says that they can't close unless they have tenants. My understanding is that they have a $100,000 payment due to the seller, which I believe can be extended.”

“It is unusual,” Councilor Kevin Donoghue said of the meeting. “It is not yet known to me how or why the judgment was made that a special meeting was warranted.”

Mayor Nick Mavodones said he called the meeting on the request of the Community Development Committee. He added that he wants to see this TIF matter settled by the end of June.

Councilor Dave Marshall said scheduling the first reading for a special meeting was “not the cleanest way to move forward” but added that developers were pressuring the city to make a decision this month.

“It’s not common for the council to have special meetings to get a first reading on the agenda, and it’s really the desire of the developer to get the financing in place based on the pressure the developers are receiving from their investors,” Marshall said. “That’s what’s gotten the city to this place.”

Marshall said he was “not totally comfortable with the process being laid out” regarding the TIF discussion.

“I would prefer to follow the regular process, where we would have a regular first reading at a regularly scheduled meeting,” he said.

Developers say the tax-increment financing deal is necessary to offset higher-than-normal costs due to unusual soil conditions at the site. Also, upgrades at a railroad crossing on the site are expected to cost upwards of $1 million.

Speaking to city councilors yesterday, Jennings said the project would become a “true destination” in the city similar to L.A. Live, the development in Los Angeles that includes the Staples Center, home of the Los Angeles Lakers, among other venues. He and other supporters cite the project's proximity to multiple modes of transit and say it offers amenities not currently found in the Portland market.

The development is expected to meet LEED silver conservation standards or better, and include free public access to trails and a boat launch into the Fore River.

Jennings said developers have a “pretty aggressive time line” in place because the development window on a project like this can "open and close quickly." “Any number of things could impact (the project) if we extended it over a long time,” he told councilors.

At the special meeting and a workshop that preceded it, councilors inquired about potential demand for new hotels and office space amid high vacancy rates downtown and also wondered if the 3 percent figure to be set aside annually for transportation could be adjusted.

City economic director Greg Mitchell said the amount of money set aside for transportation each year could be amended up or down in the future. He phttp://www.blogger.com/img/blank.gifredicted the office towers at Thompson’s Point wouldn’t compete with vacant office space on Congress Street, and pointed to new hotel construction as evidence that the market needs more rooms.

Councilors didn’t take action on the tax break proposal last night. A vote on the issue is expected at the city council’s June 20 meeting.

Copyright 2011, The Portland Daily Sun - Portland's Daily Newspaper - One Longfellow Square, Suite 202, Portland, ME 04102 - (207) 699-5801

http://portlanddailysun.me/news/story/developers-thompson%E2%80%99s-pt-project-jeopardy-if-tax-breaks-delayed

2011-06-14T06:49:00.000-07:00

PRESS HERALD

Posted: June 14
Updated: Today at 12:13 AM

Portland councilors consider how to spend tax revenue from Forefront

One councilor wants to increase the amount of tax revenue set aside to support transit projects.

By Edward D. Murphy emurphy@mainetoday.com
Staff Writer

PORTLAND — City councilors considering a tax break for developers of a proposed $100 million complex at Thompson's Point are starting to think about how they might spend the city's share of new property tax money the project would generate.

The council was briefed Monday on the proposed break of $31 million over 30 years for The Forefront at Thompson's Point, a development that will include a basketball arena/convention center, concert hall, hotel, two office buildings and 700-car garage on a site that has changed little in the past century but is considered a prime gateway into Portland.

The council will be asked next week to name the Thompson's Point peninsula a tax increment financing district. The designation allows the developers to have some of their property taxes returned to them – 54 percent of nearly $58 million in projected property tax payments over the next three decades.

The city takes a smaller share of taxes – $26.4 million over 30 years – in return for the development and revenue it might not otherwise get.

City officials also note that The Forefront will provide an estimated 1,230 jobs during construction next year and into 2013 and about 455 permanent jobs once the development is operating.

The Thompson's Point district would be a transit-oriented TIF because of its location next to I-295, the Portland Transportation Center bus and rail station and near the Portland International Jetport.

The council's Community Development Committee voted last week to recommend setting aside 3 percent of the city's share of the tax revenue to support as-yet-unspecified transit projects.

But Monday, Councilor David Marshall said he will seek to increase that figure.

"It's going to be a lot more than 3 percent – probably in the 30 to 50 percent range," he said.

Marshall said that amount will be needed to support a bus route to and from the airport to Thompson's Point and the transportation center, then into downtown Portland and the Maine State Pier.

That route, he said, would tie all of the city's major forms of transportation together – planes, trains, buses and ferries.

Other than Marshall signaling that he's looking to direct more money toward transportation, little new came out at the council's workshop on the project.

Mayor Nicholas Mavodones asked about a cap on the dollar amount that developers could get from the TIF, but the developers said that would take away any incentive to upgrade the project.

If a tenant wants a more energy-efficient building, for instance, the developers could offset the higher cost with an increase in its TIF share because the development would be worth more.

Before the workshop on the Thompson's Point TIF, the council was briefed on a costly sewer upgrade that will also be on next week's agenda.

Eighteen years ago, the city agreed to fix 33 of the 39 combined sewer overflow points in Portland by 2008, but only nine have been repaired. The overflows are relief valves of sorts for occasions when heavy rain flows into storm sewers, many of which are still combined with sanitary sewers.

During storms, runoff from heavy rain could overtax sewer lines, causing them to back up, so the system has relief points that open to ease the pressure, allowing untreated sewage to flow into streams, rivers, Portland Harbor and Back Cove.

The city has been working to install separate storm and sewer lines, but continuing along that path means a bill of more than $500 million, Michael Bobinsky, Portland's director of public services, told the council.

Instead, the city now wants to install storage conduits underground which will hold more water during storms, ideally until the city's wastewater treatment plant can catch up.

The biggest sticking point is timing. Bobinsky is recommending the council install the conduits, along with some other measures to deal with downpours, at a cost of $170 million over 25 years.

Friends of Casco Bay and the Conservation Law Foundation are pushing for a http://www.blogger.com/img/blank.gif15-year project.

Bobinsky said both approaches will triple sewer rates, from slightly more than $400 a year now to more than $1,200, but it will take longer for rates to hit that point under the 25-year plan.

Staff Writer Edward D. Murphy can be contacted at 791-6465 or at: emurphy@pressherald.com

http://www.pressherald.com/news/uses-for-thompsons-point-revenue-eyed_2011-06-14.html

2011-05-26T13:24:00.000-07:00

PORTLAND DAILY SUN

Study: State is bike-friendly, but lacking enforcement
By Matt Dodge
May 26, 2011 12:00 am

Maine might be the second most bike-friendly state in the nation, but it’s not very strict when it comes to enforcing bike safety laws, a study released this week finds.

The annual rankings, released by The League of American Bicyclists, placed Maine behind only Washington state in the list of bike-friendliness. However, in reviewing for the first time the performance of states in six distinct areas, Maine received an “F” in the category of enforcement.

The state’s overall grade on the study was a “B”, with the state excelling in legislation, education and encouragement, and infrastructure, evaluation and planning.

Many in the local and state-wide bicycling community acknowledge a lack of such enforcement both on the driver and cyclist side of the equation.

“I do think it is the area we are the weakest in. We need to work more closely with law enforcement so they both better understand bicycling laws and have the confidence to enforce them,” said Nancy Grant, executive director of the Bicycle Coalition of Maine and a Portland resident.

“I think a lot more people would ride correctly if they knew somebody was going to say something,” Grant said.

The most common bike-related traffic offenses in Portland include cyclist riding on the sidewalk or against the flow of traffic, according to Grant, who thinks that Portland Police are often not familiar enough with cycling laws to feel comfortable enforcing them. “Sometimes they’re not even sure what thew laws are and they don’t want to hassle bicyclists,” she said.

To that end, Grant said the Bicycle Coalition is working to connect with law enforcement, having recently hosted a meeting between the group’s education director and the chiefs of some Maine police departments. “We want to have a really cooperative relationship with law enforcement,” she said.

Portland Police did not return multiple calls seeking comment on their enforcement efforts.

An avid cyclist who does a lot of riding in the city, Grant said that cycling scofflaws represent a small part of the local bike community, and are often just uninformed.

“I think the vast majority of the riders who aren’t obeying the rules either simply don't know or don't follow any rules anywhere,” she said.

City Councilor David Marshall, a member of the Portland’s Transportation Committee and a bike commuter, said that while there are already rules on the books governing bike safety, “we could certainly use more enforcement.”

“It could probably go a long way towards getting other bicyclist to comply with the rules,” Marshall said, who like Grant, acknowledges that a small percentage of the city’s cycling populace account for a majority of the violations.

Most of the bicycle-related discussion coming out of the Transportation Committee has been in regards to infrastructure improvements, said Marshall, who suggested that further education might make an increased focus on enforcement unnecessary.

“It’s certainly worth putting some attention on enforcing the rules, but you also want to educate the public about what the rules are,” he said.

Josh Cridler, owner of local bike retail and repair shop Portland Velocipede, said that an increased focus on enforcement could go a long way in strengthening the relationship between the cyclist and motorist who share the city’s streets.

“It would get cars to realize that it’s going both ways. I think that when just cars are getting pulled over and see a bike not following a law, that gets people get more angry about bicycles on the road,” said Cridler. “It’s important that the law goes both ways, if one party sees the other party following the rules, everybody falls into suit.”

While they all agree the city could beef up its enforcement efforts, neither Grant, Marshall or Cridler support the idea of forcing bicycle to be registered and licensed through the city, an idea recently floated by a state Assemblyman in the New York City borough of Queens.

Two bills introduced by Michael G. DenDekker would have required commercial cyclists to pay a $50 registration fee and all other cyclists to pay a $25 registration fee. The measure was in response to a number of complaints DenDekker said he received from constituents, who complained that unsafe cyclists were not being held accountable.

“Constituents were complaining that if a bike is involved in any incident and they ride away, there is no way to identify them,” DenDekker told the New York Times.

“I think it would hurt the perception of our bike friendliness,” said Grant. “Other states in the country have tried the registration requirement and they’ve all abandoned it because it’s so hard to enforce and the fees that are generated end up being less than the cost of administering the registration program,” she said.

“We would rather have enforcement groups working on safety than whether people have paid a fee or not,” she said.

http://portlanddailysun.me/news/story/study-state-bike-friendly-lacking-enforcement

2011-05-26T13:18:00.000-07:00

PRESS HERALD

May 19

Ranked-choice balloting is wild card in mayor's race
Candidates will be 'guinea pigs' in a campaign where no one is really sure what will work, an analyst says.

By Edward D. Murphy emurphy@mainetoday.com
Staff Writer

PORTLAND - The chance to be the city's first elected mayor in generations is attracting a long list of candidates who also will have the distinction of being the first Maine politicians content to be a voter's second or third choice, thanks to ranked-choice voting.

Ten candidates have registered with the city so far, meaning they are free to raise money and build a campaign organization.

Nominating papers, which will require signatures of at least 300 Portland voters, will be available July 1 and must be returned to the city clerk between Aug. 15 and Aug. 29.

The ballot is expected to get even more crowded in the coming weeks, with candidates attracted by the full-time job -- it will pay about $66,000 a year -- the four-year term, some limited powers and the ability to set precedents.

"We're looking for our George Washington, someone who can take the position and transform it," said Jim Cohen, a former councilor and mayor who was on the charter commission that drafted the rules making the mayor position subject to ranked-choice voting. Voters ratified the charter in November.

Cohen said supporters believe an elected mayor is needed to provide leadership and establish a long-range vision for the city. Currently, mayors are city councilors who are chosen by their peers and hold the largely ceremonial post for one year.

Cohen is now involved in a group called Portland Tomorrow, whose members have developed a list of criteria they'd like to see in a mayor. Cohen reiterated that he's not running.

The organization also plans to publicize the ranked-choice election method, under which voters will mark their ballots not only for the candidate they'd like to see win, but also rank the rest in order of preference.

If no candidate gets a majority of first-place votes, the candidate with the fewest votes is dropped and the second choices of those voters are added to the first-choice totals for all other candidates. It's possible that the new totals would require a change in the order of finish.

If no one has a majority after one candidate is dropped, the new last-place candidate is dropped and his or her second-choice votes are added to the first-choice totals. If any voter's second choice is a candidate who's already been eliminated, the voter's third choice gets the vote, and so on.

The process continues until one candidate gets more than 50 percent. Voters need not rank all the candidates, but that would reduce their say if the runoff process continues for more than a round or two.

Michael Brennan, a former state legislator who recently announced his mayoral candidacy, said the ranked-choice approach will mean less negative campaigning.

In a conventional race with so many candidates, one might go on the attack, hoping to galvanize supporters and get perhaps a quarter or a third of the vote, likely enough to win with 10 or more names on the ballot, he said.

"In this race, you can't do that, or at least you can't do that successfully," he said.

The large field will probably separate into a group of front-runners, all jockeying to stand out while not turning off the other candidates' supporters, said Edward S. O'Meara Jr., managing principal for public affairs at Garrand, a Portland communications company.

Ranked-choice voting, he said, means the candidates in this year's race are "guinea pigs," where no one can really be sure what will work.

"You don't necessarily have to get more votes, but you need to be a very strong number two or everybody's number three," he said. "It's uncharted territory."

Maybe for Maine, but San Francisco has had ranked voting -- also known as instant-runoff voting, because it ends up with a winner getting more than 50 percent of the vote -- since 2004.

Francis Neely, an associate professor of political science at San Francisco State University, said exit polls he conducted have indicated that four out of five voters like the method. But in the first two races run under the system, 30 percent to 40 percent went to the polls not realizing they would be asked to rank candidates.

Neely said San Francisco's system allows voters to rank up to three candidates and it produces some strange campaign tactics. In the last election, he said, a sign on a bus stop had the names and pictures of three candidates for the same position, basically asking voters to allocate their three votes among that trio, regardless of who was picked first, second or third.

"It's not an 'either-or' thing," he said.

In every San Francisco election, the candidate who finished first in the initial round of ballot counting has gone on to win, Neely said. But in Oakland, which adopted the system more recently, a candidate who finished third in the initial count ended up winning.

The winner had specifically courted supporters of other candidates for their second- and third-choice votes, he said.

David Marshall, a councilor who is running for mayor, said voters he talks to are looking forward to choosing a mayor, even though the election is still nearly six months away.

As for ranked-choice voting, "people are trying to get a handle on it, but they're generally excited about it and think it's a system withhttp://www.blogger.com/img/blank.gif legitimacy," he said.

Marshall said he thinks it would be a good system for other offices, such as Maine's governor, which often ends up with a winner selected by less than a majority because of independent and third-party candidates.

But that is likely years off, he said, and only if Portland's system proves successful and other cities and towns in Maine adopt it.

Staff Writer Edward D. Murphy can be contacted at 791-6465 or at:

emurphy@pressherald.com

http://www.pressherald.com/news/ranked-choice-balloting-wild-card-in-mayors-race_2011-05-19.html

2011-05-26T13:12:00.000-07:00

PORTLAND DAILY SUN

Artists chosen to render Bayside bench concepts
By Matt Dodge
May 20, 2011 12:00 am

Two Maine artists and a Washington, D.C.-based design firm lead the field of candidates vying to create unique seating options along Portland’s new Bayside Trail.

The Portland Public Art Committee reviewed the resumes and work of a half dozen artists before narrowing down the list to four frontrunners during the committee's monthly meeting on Wednesday.

The leading candidates for the bench design project include, in no particular order, Mainers Aaron T. Stephan and Celeste Roberge, Gary Haven Smith of New Hampshire and Washington, D.C. design firm Skye Design Studio, Ltd.

The PPAC reopened the search for artist-designed public benches after an underwhelming response to the 17 designs submitted in an initial round of the competition.

The benches were slated to be installed by June in time for the city’s annual Trails Day event, but with only two of the proposed designs earning five-to-three affirmative votes from the project’s commissioning committee, the PAC decided to revamp the submission process in hopes of drawing a larger pool of candidates.

This time around the PPAC took a different approach — sending out a request for qualifications (RFQ) instead of a request for proposals (RFP). An RFQ asks designers and artists only to submit their professional qualifications instead of a fully-rendered bench design.

“We need dozens [of submissions], not a dozen,” said Jack Soley, former PPAC chair, during January’s meeting.

The former director’s wishes were met during the RFQ process, which drew 107 submissions, including a strong showing of Maine artists.

“I’m really pleased with the RFQ process because now we’ve been able to see people's work at their best and we have a good understanding of what is possible," said city councilor and PPAC member Dave Marshall, adding, “The RFP process was, I think, a little too rigid.”

The PPAC chose three bench sites along the 1.2 mile-long trail — the plazas adjoining Elm Street and Planet Dog, and the base of the Loring Trail on the Eastern Prom. Now the committee must decide whether to select one artist to create a suite of three designs or exhibit one artist at each site.

“If one proposed design is very expensive but worth it, what are the considerations of allocating all of the budget to one artist?” asked commissioning panel member Anne Pringle during Wednesday’s meeting.

Some on the PPAC felt if a strong first round of artist-designed benches could find favor with the people of Portland, the Bayside Seating project could become an ongoing initiative drawing additional public and private sponsorship.

“My feeling is this first person has to hit a huge home run,” said Peggy Greenhut Golden. “I’ll feel badly if it's not a Maine artist, but I think this has legs and it's our job to make this first one absolutely fabulous.”

The four artists leading the field after Wednesday’s meeting will be interviewed by phone next week. Depending how the interview process goes, some or all of these artists will be paid a stipend and asked to submit design concepts and budgets, according to Pringle.

The concepts will then be presented by the commission panel to the full PPAC, who will make their final selection of the one, two or three artists who will be asked to create detailed designs which will be brought to the City Council for approval by early September.

“We are still in the qualifying process, with the final selection a few months down the road after the concept phase,” said Pringle in an e-mail to the Daily Sun.

Stephens, who earned his MFA from The Maine College of Art in 2002 and has shown extensively around Portland, was lauded by the PPAC for his background in site-specific work.

Notable Stephens pieces in the Portland area include a tree-shaped sculpture created from salvaged lumber located in Westbrook High School, and an impossibly high dining room table and matching chairs in the atrium of the University of Southern Maine’s Abromson Center.

“Having seen his work around for years, I have confidence that he could do something fabulous,” said Greenhut Golden.

“I think he's a great, great choice. always comes up with something very intelligent and aesthetically pleasing that works on multiple levels,” said PPAC member Virginia Rose, who suggested that Stephen's notoriety in the Portland area might make him the ideal candidate to attract additional funding for the project. “If we're looking for more funding, he's such a known quantity,” she said.

Roberge, a native Mainer who teaches sculpture at the University of Florida, was also well regarded and very familiar to many on the panel. Specializing in furniture-based forms, Roberge is known for creating chaise lounge-inspired sculptures both functional and decorative.

Rose, who has helped to sell Roberge’s work to the Farnsworth Art Museum in Rockland, said the artist’s industrial style would fit well in the post-industrial Bayside neighborhood. “I’m biased, but I think she fits in perfectly with that neighborhood and has the ability to identify with [it] historically,” she said.

Slides of Roberge’s metal grid chaise lounge sculpture filled with smooth rounds stones caught the committee’s attention, but in a letter to the PPAC, Roberge expressed interest in designing a piece around the concept of seaweed.

“I love the bench with the stones, I would have bought it and put it in my backyard, but I would have no problem working with her to create a concept around seaweed,” said Greenhut Golden.

Included in the Washington, D.C. design firm’s submission to the PPAC, a slide of Skye Design Studio’s “zipper bench” garnered a strong reaction from the group.

“The zipper bench was really impressive, I could totally see it in Bayside,” said Marshall.

“It’s beautiful. They are landscape architects, engineers, they get landscaping and design and they are creative,” said Greenhut Golden. However, some on the committee expressed concerns that a large, multi-national firm like Skye might not be interested in splitting a $40,000 commission.

“I would be thrilled to have them do all three, but they http://www.blogger.com/img/blank.gifare a very big firm and this seems like a small project for them,” said Greenhut Golden.

“It’s not clear if they would be interested if they only got one out of three [sites],” said artists and PPAC member Pandora LaCasse.

The simple, naturalistic stone bench designs of New Hampshire sculpture Gary Haven Smith were seen as a fitting aesthetic for the trail. Smith expressed interest in siting his work at the base of the Loring Trail, envisioning benches created from two glacier boulders, tumbled by the forces of nature for over 10,000 years, which would be visible from Interstate 295.

http://portlanddailysun.me/approved/story/artists-chosen-render-bayside-bench-concepts

2011-05-26T13:05:00.001-07:00

PORTLAND DAILY SUN

Council approves budget
By Casey Conley
May 17, 2011 12:00 am

City councilors last night approved a $201 million budget for 2012 that retained core services and for the first time in three years did not include employee layoffs.

The unanimous vote comes a week after city voters approved an $89.4 million 2012 budget for Portland Schools.

Taken together, the $290 million city and school budget will bring a 2 percent property tax increase next year, raising the tax rate to $18.28 per $1,000 in assessed value. At that rate, the owner of a home valued at $200,000 would owe about $70 more next year.

One by one last night, city councilors praised the two-month budget process, the city staff who helped draft it, and the final result — which came as a stark contrast to recent budgets that included pay freezes, layoffs, widespread fee increases (parking meters, blue bags) and noticeable cuts to public services.

(Two years ago, two downtown fountains were shut off to save roughly $10,000. The Pullen Fountain, behind Central Fire Station, was later turned back on after a local horse owner complained).

Councilor Dave Marshall noted that the last three budgets, with 0 percent, 1 percent and 2 percent property tax increases, respectively, averaged out to a 1 percent property tax increase per year. The 2012 fiscal budget takes effect July 1.

“I feel very happy to be voting on a budget that doesn’t have reductions, on the city side budget,” he said, lamenting staff cuts in the school department budget approved last week.

While the 2012 city budget includes relatively few frills — there are no major initiatives or programs being created or upgraded — it also preserves core city services that in recent years have been trimmed back (fewer flowers have been planted citywide in recent years to save money).

Indeed, the budget projects stabilizing revenue sources almost across the board, and even some increases tied to the improving economy: Building permits fees are due to increase by upwards of $200,000, while city revenues from cruise ship visits are also due to increase by about $110,000.

Non-union employees are due a 1 percent raise in this budget, while employees in the city’s half-dozen different unions will see different raises, or not, depending on terms of negotiated contracts.

“It’s a good budget,” said Councilor Cheryl Leeman. “We would always like to make (the tax increase) less, but given everything we are dealing with, it’s come in at a good place.”

http://portlanddailysun.me/news/story/council-approves-city-budget

2011-05-26T12:58:00.000-07:00

THE FORECASTER

Portland budget approval, 2% tax hike, a quiet affair
By Kate Bucklin
May 17, 2011 9:40 am

PORTLAND — The City Council Monday evening approved a nearly $202 million municipal budget for fiscal year 2012, an increase of about 1.2 percent over current spending.

The municipal budget, combined with the previously approved school budget of $89.5 million, will increase the property tax rate 2 percent to $18.24 per $1,000 of assessed value.

This year's municipal budget did not include any layoffs or service cuts, and drew little public comment. Councilor John Anton, the chairman of the Finance Committee, said the committee concentrated this year on developing policy for city budgeting and spending, and will continue to do so.

"This was a year of stability," he said, referring to the nearly status quo budget. In the 2009, 2010 and 2011 budgets, more than 100 jobs were eliminated. Services were cut during those years, too, and city departments were combined.
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Councilor David Marshall said that although the tax rate will rise, there was no increase in 2010 and a 1 percent increase in 2011.

"Combined we've had a 1 percent increase in the last three years," Marshall said. "That's not bad."

Councilor Cheryl Leeman called it "a very responsible budget."

The council unanimously approved the fiscal year 2012 budget, 9-0.
Kate Bucklin can be reached at 781-3661 ext. 106 or kbucklin@theforecaster.net Follow her on Twitter: @katebucklin.

http://www.theforecaster.net/content/p-portland-council-budget-2012

2011-05-26T12:49:00.000-07:00

PORTLAND DAILY SUN

Initial vote likely on proposed graffiti ordinance
By Casey Conley
May 10, 2011 12:00 am

After another round of revisions that eased fines and restrictions on property owners, proposed anti-graffiti rules being debated by a city council subcommittee over the past four months could face a preliminary vote tonight at City Hall.

Councilor Ed Suslovic, who chairs the Public Safety Committee, says he’s hoping to advance the measure to the full city council.

“We’ve been working on this since January, and we’ve had several public meetings, and taken input, and it’s certainly been widely publicized, so I feel like we have really bent over backwards to make sure everyone gets a chance to weigh in,” Suslovic said.

The meeting will be held at 5:30 p.m. tonight in City Council Chambers.

The ordinance, which was introduced earlier this year, is viewed by many city officials as a crucial component in the ongoing battle against graffiti.

“It's important for the city to take an official stand against graffiti and the problems it signifies in our community,” said Trish McAllister, the city’s neighborhood prosecutor, in an email. She helped draft the proposal with help from Doug Fuss, a local bar owner.

“Adoption of an ordinance will not replace the criminal prosecution of those who are caught committing graffiti; it simply gives more alternatives to enforcement officials and the local judiciary when it comes to addressing this problem,” McAllister continued.

The plan would impose civil penalties on anyone caught writing graffiti as well as property owners who fail to remove graffiti from their buildings. It would also create new restrictions on sale and possession of “graffiti implements” — spray paint and art markers — and hold parents responsible for vandalism caused by their underage children.

Some of the more controversial aspects of the ordinance — fining property owners who don’t remove graffiti within 10 days from receiving a city notice — are watered down in the latest draft.

Newly proposed language would fine non-compliant property owners $100 or less for a first offense, instead of $250. Property owners could also avoid fines by presenting a graffiti abatement plan to city officials within the 10-day window.

“If someone is being responsive, they can avoid a fine. If it’s during winter and it’s impossible to get the graffiti cleaned up, all they’ve got to do is come in with a plan,” Suslovic said.

The revised ordinance would no longer exempt property owners from the ordinance from Jan. 1 through April 30. Instead, the same rules would apply year-round. It also allows for a six-month “sunrise” provision that gives property owners time to prepare for the new regulations.

Councilor Dave Marshall, a committee member and declared mayoral candidate, is proposing revisions that go even further. He wants to establish language dealing with legal graffiti murals like those found on Joe’ Smoke Shop or The Asylum nightclub, and also wants to do away with fines for non-compliant property owners.

He believes most property owners will comply with the rule to remove graffiti with or without the fines. But for those who don’t, he says a provision allowing the city to remove graffiti themselves, and bill property owners for the work, plus a 10 percent fee, would achieve the desired result.

“I see the fine against property owners as an unnecessary, punitive measure that we can strip out of the ordinance and still have the ordinance be more effective and embraced by a wider segment of our property owners in the city,” Marshall said yesterday in a phone interview.

Marshall, who is in San Diego visiting family, won’t attend tonight’s meeting, leaving his amendments in doubt, at least during this stage in the ordinance review.

As far as Suslovic is concerned, the question of fines for property owners has already been resolved.

“I think we have debated the fines quite a bit,” he said yesterday, adding, “My feeling is there is pretty strong support to leave fines where they are proposed.”

McAllister said she also supports leaving the fines in place. “Such a strategy simply gives the city more enforcement tools to be able to use as necessary in the cases of very negligent/non-responsive property owners,” she said.

Marshall, an artist who owns a gallery on Congress Street, indicated he may not support the proposal if the fine schedule remains intact.

“I am supportive of it without the punitive fines on property owners,” he said.

http://portlanddailysun.me/node/25075/

2011-05-05T13:56:00.001-07:00

PORTLAND DAILY SUN

Convention tilts young, focuses on grassroots
By David Carkhuff
May 03, 2011 12:00 am

http://www.pressherald.com/news/greens-convention-looks-to-the-future_2011-05-02.html

Shrugging off the label of electoral "spoilers," members of the Maine Green Independent Party embraced Portland's new rank choice voting system as a third-party-friendly approach to electing the city's mayor.

"I think it will encourage people to run positive campaigns, and rather than having the so-called spoiler, Ralph Nader effect, which is not true at all ... it will totally separate that, because there are no spoilers in rank choice voting," said Tom MacMillan, a Maine Green Party steering committee member who lives in the West End of Portland.

Portland this year embarks on an elected-mayor campaign that replaces a council-appointed mayor with one elected to an at-large seat. Through a city charter change, voters also will choose their next mayor through rank choice voting, where if any candidate falls short of a majority, then the "second choice" votes come into play in the tabulation.

MacMillan is working on the mayoral campaign for Portland's David Marshall, an incumbent city councilor and Green Party member seeking the elected-mayor office. Another Maine Green Party member, former state legislator John Eder of Portland, announced in February his candidacy for the Mayor of Portland.

Green Party members said rank choice allows people to vote their conscience instead of feeling they're casting a vote on a potential "spoiler" who could drain votes away from one of the two major parties.

Wells Staley-Mays, an attendee at the Maine Green Party's annual convention Sunday in Brunswick, drew on history to illustrate another role of a strong third party.

"I always like to use the example of the Liberty Party," he said. "I'm sure the Democrats and the Whigs looked upon the Liberty Party as spoilers, but the Liberty Party people like our own Samuel Fessenden of Portland, Maine, hung in there year after year after year. I know by the time it morphed into the Free Soil and then ultimately into the Republican Party, it had changed dramatically, but it kept the antislavery agitation going, just like I see the Green Party keeping the ecological and environmental focus going."

Founded in 1984, the Green Party focuses on environmental and social justice messages. The party counts itself the oldest state Green Party in the country. But for the nation's oldest, Maine's Green Party is skewing young, observers agreed.

"The new steering committee is much younger than the old one was," Staley-Mays said. "So I have a lot of faith in the future. I think the voting reflected that. We elected younger leadership, and they're bright and they're dedicated. I feel great."

MacMillan, who is considered one of the rising stars of the Green Party, won a seat on the party's steering committee and was named New Green of the Year during Sunday's convention.

"I wanted to run because I think the Green Party is the best method for changing politics in Portland and across the state, and I want to be part of the change," MacMillan said, noting this was his first convention.

John Rensenbrink, a steering committee member whom Staley-Mays called one of the "gray-haired elders" elected Sunday, has discussed party strategy. In a statement on the party's website (http://mainegreens.org), he urged a grassroots approach that sought office from the bottom up.

"Party activists, spurred by Ben Chipman and Anna Trevorrow, the Party Chair, were able to recruit and assist 18 Greens around the state to gain qualified ballot status as candidates for the state House and Senate," Rensenbrink wrote in a summary of 2010. But campaign-finance rules and other hindrances made it difficult for candidates to qualify, he noted.

"The party needs to re-focus its thinking on the grassroots and now turn its attention in a serious way to building the party starting at the town level and on up to the county level," Rensenbrink wrote.

Copyright 2011, The Portland Daily Sun - Portland's Daily Newspaper - One Longfellow Square, Suite 202, Portland, ME 04102 - (207) 699-5801

2011-05-05T13:54:00.001-07:00

PRESS HEARLD

Greens' convention looks to the future
Maine Green Independent Party members anticipate the precedent-setting mayoral race in Portland.

May 2

http://www.pressherald.com/news/greens-convention-looks-to-the-future_2011-05-02.html

By Glenn Jordan gjordan@mainetoday.com
Staff Writer

BRUNSWICK - At their annual convention Sunday, members of Maine's Green Independent Party discussed issues of ecology, social justice and grass-roots democracy. They spoke of diversity, personal and global responsibility, community-based economics, non-violence and decentralization of wealth and power. Of gender equity, future focus and sustainability.
click image to enlarge

Phil Sheridan of Appleton comments on an energy issue during the Maine Green Independent Party’s annual statewide convention Sunday in Brunswick.

Photos by Jill Brady/Staff Photographer
click image to enlarge

Lynne Harwood of Anson, right, joins fellow Maine Green Independent Party members Patrick Banks of Portland and Fred Dolgon of Old Orchard Beach as they vote on an energy amendment during the party’s annual statewide convention Sunday in Brunswick.
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They looked back -- at a gubernatorial race without a Green candidate on the ballot -- and they looked ahead -- at a precedent-setting mayoral race in Maine's largest city.

"It's a very important race, for sure," Fred Horch, who ran a close second in Brunswick to an incumbent Democrat in a three-way race for a seat in the State House, said of November's ballot in Portland, where the public will elect a mayor for the first time in 87 years, and under a ranked-choice system to boot.

"I think having the mayor be a Green would give a legitimacy to the party. It would raise the profile of the party. And the policies the mayor pursues will certainly get in front of the voters," he said.

David Marshall, a Portland city councilor, is a mayoral candidate. A Green since 2000, Marshall addressed three dozen party members Sunday in a meeting room off the Curtis Memorial Library.

Marshall talked about his accomplishments on the council, about the new geothermal heating and cooling system at Portland's airport, about the extension of the Downeaster train service to Brunswick and the potential for passenger service between Portland and Montreal.

"My vision for the city of Portland really works to encompass the entire state of Maine, because we're all partners here," he said. "As mayor, I'm going to work to expand this philosophy of energy efficiency to every single building in the city."

The resultant savings for residents, he said, could be spent to "support our great businesses, our excellent nightlife and our awesome arts scene. We have so much we can put this money into besides oil."

With a ranked-choice system, voters will mark their first and second choices for mayor. After votes are tallied, if no candidate has a majority, the last-place finisher will be dropped and that candidate's second-choice votes will be allocated. The process continues until one candidate attains a majority.

Such a system, Horch said, eliminates the splitting-the-vote argument often used against Green candidates in a three-way race and leaves voters with a candidate who can legitimately claim a majority representation. He noted that each of Maine's most recent three governors, Republican Paul LePage, Democrat John Baldacci and independent Angus King, won his first term by plurality rather than majority.

"So now people are going to see how that system works," Horch said. "If you really want to be Green, but you really don't want to (vote for) a Republican, now you can vote Green first, Democrat second."

Horch received one of three awards presented Sunday, as Green of the Year. Tom MacMillan of Portland won New Green of the Year and Lynne Williams of Bar Harbor, who failed to collect enough signatures to get in the governor's race but wound up with 12.6 percent of the vote in a bid for Senate District 28 won by Republican Brian Langley, won Candidate of the Year.

Each received a framed, hand-painted work of art featuring a black-capped chickadee perched on a horizontal sunflower with an olive background, reminiscent of the Woodstock poster of a dove on the neck of a guitar.

Other featured speakers were Sarah Bigney of the Maine AFL-CIO, who talked about legislative attacks on unions and working families, and Ben Chipman of Portland, the only independent member of the House and a former Green Party member. A former legislative aide to John Eder, who served two terms as a Green Party representative to the Legislature from Portland, Chipman talked about a few of the 17 bills he has introduced this session.

"I'm trying to be on the offensive," he said, "in spite of who's in charge."

One bill of particular interest to Greens would change the number of signatures required to get on the gubernatorial ballot from 2,000 to either 2 percent of the membership of a political party or 2,000 -- whichever is less. Anne Trevorrow, party secretary, said there are currently more than 33,000 registered Green Party members in Maine.

"This is the time that all of the people who are most concerned with the Green Party come together and set the goals for the upcoming year," Trevorrow said.

"We assess what we did this year, what we could do better for next year, and really make sure that we're on the track that's responsible to our membership."

Staff Writer Glenn Jordan can be contacted at 791-6425 or at:

gjordan@pressherald.com

2011-05-05T13:52:00.000-07:00

FORECASTER

Teachers' union chief on city payroll irks Portland councilors
By Randy Billings
Apr 26, 2011 1

http://www.theforecaster.net/content/p-councilors-question-plan-put-union-chief-city-payroll-042711

PORTLAND — Some city councilors this week sounded concerns about a provision in the recently ratified teachers' contract that puts the full-time union president almost entirely on the city's payroll.

School officials agreed to pay 80 percent, or roughly $75,000, of Portland Education Association President Kathleen Casasa's nearly $94,000 a year salary.

Casasa has been the union president for about 20 years. For the last five years, she has been fully released from her special education teaching duties to represent the union full time.

Starting in September, the union will no longer reimburse the district for 80 percent of Casasa's salary.

The provision went largely unnoticed until The Forecaster wrote about it last week.

Councilor Jill Duson was one of three City Councilors who questioned the provision at a workshop on Monday night.

Duson on Tuesday said her questions stemmed from "complete befuddlement and curiosity" with what she called a "very unusual" contract provision.

"I've been a union member before, and it just struck me as odd that my representative would be paid for by my management," she said. "But that's what (the teachers) want."

Casasa is the only full-time release union president in the state, but officials at the National Education Association said the practice is not uncommon around the country. The NEA could not, however, comment on whether it is common for a district to pay the president's salary.

Other councilors agreed the provision is unusual, but said control over it is out of their hands. They also noted the contract was overwhelmingly approved by rank-and-file teachers.

But Councilor David Marshall said he would have like to have seen a concession spread out over the whole union. He was also concerned about setting a precedent for other unions.

"It's strange to have someone on our payroll who is not going to be reviewed by city staff," he said. "(But) it would be out of bounds for us to say what the School Board and superintendent can do in their negotiations."

Duson said she will not vote against the school budget next week because of the provision. And Mayor Nicholas Mavodones Jr. said he believes the contract is ultimately good for the schools and students.

Superintendent James C. Morse Sr. said he was focused on negotiating a contract that benefited the district both financially and academically.

Morse said the union agreed to $3 million in concessions over three years, so a $75,000 concession on the district's part was a good deal.

"I would do that any day of the week," he said. "(But) I failed to measure the political winds. That, I think, was what the councilors were reacting to."

Morse last week estimated Casasa's salary would cost the district $68,000, but this week said the actual cost will be nearly $75,000.

School Board Chairwoman Kate Snyder also emphasized the contract is a good deal for students, since they will have five extra classroom days at no cost to the district.

Snyder said she fears that the overall good of the contract will be overshadowed by the controversy. "It's a win-win negotiation," she said.

Snyder, however, acknowledged the council's concerns and suggested the board may have concentrated too much on the financial gain to the district.

"We may have looked at this too narrowly," she said. "(The provision) will be a conversation that will happen when we head into the next round of negotiations."
Randy Billings can be reached at 781-3661 ext. 100 or rbillings@theforecaster.net. Follow him on Twitter: @randybillings.

2011-05-05T13:50:00.000-07:00

PORTLAND DAILY SUN

Mural-removal debate continues at event today
By Matt Dodge
Apr 08, 2011 12:00 am

http://portlanddailysun.me/news/story/forum-labor-mural-today-pma

A lunchtime public forum today at the Portland Museum of Art is scheduled to feature both supporters and opponents of Governor Paul LePage’s decision to remove a labor mural from a government building two week ago.

The event, called “Whose Art Is It?” will feature opening statements from the labor mural’s creator, Tremont artist Judy Taylor, as well as comments from PMA director Mark Bessire before a panel of five speakers – representing Maine’s art and business communities – discuss issues of public art and the controversial removal of the mural from Maine’s Department of Labor.

The removal set off a firestorm and made international headlines, with a variety of organizations protesting the governor's decision.
Today's discussion will take place from noon to 1:30 p.m. at the PMA’s auditorium. Admission is free, but on a first-come, first-served basis. Organizers say they seek to continue a conversation.

“We were listening to a lot of the conversations taking place and there seemed to not have been any dialogue. It seemed like the museum would be a good place to create a forum for a discussion on the issue,” said Bessire.

Seeking a politically balanced panel, the PMA organizers said their first call was to the office of LePage, but the governor could not fit the forum into his schedule. “It just wasn’t going to work out,” said Bessire.

Sharon Corwin, Director and Chief Curator of the Colby College Museum of Art, Christina Bechstein, Sculpture Professor and Director of Public Engagement at Maine College of Art will also serve on the panle.

The moderator for the event will be Alan Hinsey, producer and host of statewide business television show Mainebiz Sunday. “We felt it was important to have moderator who wasn’t coming in on one side, that’s why I invited Alan,” he said.

“I hope we have a good conversation and both sides are represented,” said Bessire. “We’re not trying to point fingers.”

To that end, the PMA decided to narrow the focus of the forum to a common questions that arises in the debate over public artwork. “The subtitle of the event is “Whose Art Is It?” which is just one of those classic public art question, “ said Bessire.

“The money made available by the government, but once it goes into a public government building, who is responsible for it? Whose art is it?” he said.

The museum held off hosting such a forum until now, waiting until all the facts on the mural’s removal came in. “We spent some time analyzing the situation. Each day it seemed like more information kept coming out, so we waited until all the issues were really on the table,” said Bessire.

City councilor and artist David Marshall said he plans to attend today’s forum, and is happy that, controversy aside, the arts are being discussed on a large stage.

“I think there is a lot of good that can come out of this,” he said. “What the government has done inadvertently is make the artist and mural famous and taught us more about labor history than we ever knew.”

Marshall said he hopes that the debate over the mural will make the LePage administration reconsider the impact on art and artists on Maine’s economy, a positive trend he said has been growing in recent years.

“At this point, the creative economy is almost as big as [Maine’s] manufacturing industry,” said Marshall, citing 63,000 jobs in the state categorized as “creative industries”.

By comparison, Maine’s manufacturing industry employees 68,000 Mainers, local government employs 60,000 and the wood products industry employs 7,500, according to Marshall.

“The creative economy will pass manufacturing in the near future. The arts industry has grown 24 percent in the last five year. We need to be making decisions that will continue that growth,” he said.

An increased focus on Maine’s creative economy would prove a wise investment for the future, said Marshall, noting that such jobs are far less likely to be outsourced to foreign countries.

“We’re starting to see our manufacturing base disappear. But creative economy jobs are the ones that are going to stay around because you cant outsource these things for pennies on the dollar,” he said.

“That's’ where we need to bank our future, on the types of jobs that aren’t going to be moving overseas,” said Marshall.

Copyright 2011, The Portland Daily Sun - Portland's Daily Newspaper - One Longfellow Square, Suite 202, Portland, ME 04102 - (207) 699-5801

2011-05-05T13:46:00.001-07:00

PRESS HERALD

U.S. Labor Department asks for return of Maine mural funding
Meanwhile, the removal sparks a new protest in Augusta and gets a mention in the pages of Time.

April 5

http://www.pressherald.com/news/pressherald_com_2011-04-05.html

By Tom Bell tbell@mainetoday.com
MaineToday Media State House Writer

AUGUSTA — The U.S. Department of Labor says Gov. Paul LePage violated the terms of a federal grant when he removed a labor-themed mural from a state office building last month.

Now the federal government, which paid most of the mural's $60,000 cost, wants its money back.

Gay Gilbert, administrator of the U.S. Department of Labor's Office of Unemployment Insurance, sent a letter Monday to the Maine Department of Labor, requesting reimbursement.

"Alternatively, the state could again display the mural in its headquarters or in another state employment security building," Gilbert wrote.

Adam Fisher, a spokesman for the Maine Department of Labor, said the department received the letter Monday morning.

"We have reviewed the letter and are assessing what it may mean for the agency moving forward," he said in a written statement.

Gilbert's letter is the latest twist in a growing national dispute over LePage's decision to remove the 36-foot-long mural from the state Department of Labor's headquarters.

LePage has said the mural presents a one-sided view of labor history, and that some business owners complained that it is hostile to employers.

The mural, which was installed in 2008, depicts scenes or people such as a paper mill strike in Jay, female shipbuilders at Bath Iron Works and former U.S. Labor Secretary Frances Perkins, whose parents were from Maine.

The federal government gave the state a grant that covered 63 percent of the cost of the artwork.

LePage's order to remove it has drawn attention at a time when lawmakers in Wisconsin and other states are considering measures to restrict collective bargaining by public workers.

Stories about the mural have appeared in newspapers across the country, and comedians on national television shows, such as Jon Stewart of "The Daily Show," have mocked LePage's decision.

The April 11 edition of Time magazine notes the controversy in its "Milestones" section, which says: "REMOVED: A mural in Maine's Department of Labor building that depicted workers' history; the governor said he had received complaints about the painting's being too pro-labor."

U.S. Labor Secretary Hilda Solis has not commented publicly on the dispute.

Her spokesman, Carl Fillicio, said she "has monitored the situation and asked staff to look into it."

Also Monday, Democratic U.S. Rep. Chellie Pingree become the first member of Maine's congressional delegation to comment on the controversy, calling on the Republican governor to return the mural to the Department of Labor's lobby.

"The best solution at this point would be to put the mural back up and avoid having to use taxpayer money to pay back the federal government," she said.

"Public art belongs to all of us and I don't think the governor should have acted so hastily in taking it down. It wasn't a decision for one person."

The 11-panel mural is now in storage, awaiting transfer to "a suitable venue for public display," said LePage spokeswoman Adrienne Bennett.

About 350 people demonstrated in the State House on Monday in support of the mural. The crowd chanted: "Put it back," "Recall Paul" and "Idiot power" – a reference to LePage's characterization of protesters at a previous pro-mural rally.

Natasha Mayers, a founding member of the Union of Maine Visual Artists, told the crowd that LePage's behavior since his inauguration three months ago – including his decision to remove the mural – has tarnished the state's reputation.

She noted a recent editorial in the Hartford Courant, which called the mural's removal "the most moronic and mindless anti-worker gesture in the country."

In trying to "re-brand" the state as pro-business, Mayers said, LePage has "dealt a staggering blow to the state's tourism industry and creative economy."

Portland City Councilor David Marshall, who owns an art studio, said the controversy has produced some positive results. He said LePage has made the mural internationally famous.

"He has taught us more about Maine's labor history than we have ever known," Marshall said. "He has brought us together."

One of the speakers at the rally was Charlie Scontras, a labor historian at the University of Maine who advised the artist, Judy Taylor of Tremont, when she was creating the mural. Taylor used Scontras as a model for the shoemaker in the mural's first panel.

The Maine Republican Party issued a news release Monday that described the mural as "a self-honoring monument" selected by Gov. John Baldacci's labor commissioner, Laura Fortman.

The party contends that Fortman had Taylor paint her into the mural, in a panel with Perkins.

The party distributed photos comparing Fortman with the figure in the mural.

Taylor told the Lewiston Sun Journal that the figures in the mural were based on composites of hundreds of people who walked into her studio.

"Nobody, in particular Laura Fortman, asked me to put them in the mural," she said.

The Associated Press contributed to this report.

MaineToday Media State House Writer Tom Bell can be contacted at 699-6261 or at: tbell@mainetoday.com

2011-05-05T13:43:00.000-07:00

FORECASTER

Labor mural not expected to land in Portland
By Kate Bucklin
E-mail and share
Mar 29, 2011 2:00 pm

http://www.theforecaster.net/content/p-portland-labor-mural-maine-lepage-033011

PORTLAND — The Maine labor history mural that was unceremoniously removed over the weekend in Augusta is not likely to find a home at Portland City Hall.

After originally considering accepting the 36-foot mural that Gov. Paul LePage ordered removed from the Department of Labor building, city officials quickly cooled to the idea.

That happened at about the same time Friday afternoon that the governor's office issued a press release saying the city had accepted the mural, pending City Council approval.

City Councilor David Marshall said this week that after being approached March 24 by state Rep. Ben Chipman, I-Portland, about possibly displaying the mural at City Hall, he initially was open to bringing the issue to the council for discussion.

But Marshall soon changed his mind.

"On Friday I went to the protest up in Augusta," said Marshall, who is a professional artist. "I called Pat (Finnigan, the acting city manager) and said, 'We need to not participate in this.'"

While it was previously reported that the mural would be subject to a City Council public hearing and vote April 4, city spokeswoman Nicole Clegg confirmed this week that the item would not appear on the council's agenda.

Councilor Dory Waxman said she does not think the city should get involved with the mural.

"That was not the intention of the Portland City Council," Waxman said. "I think I can safely say that on behalf of all the councilors."

Waxman also noted that there are rules for state-commissioned art, and those rules need to be explored.

"I really question whether it is the governor's right to remove (the mural)," Waxman said.

Marshall called the governor's offer of the mural a "Trojan horse" and said he supports legal action to determine whether LePage had the authority to remove the mural.

According to the Maine Peoples Voting Coalition, the 2-year-old mural was commissioned with a federal grant. The coalition is questioning whether the mural is therefore owned by the federal government.

Marshall said the mural, created by Judy Taylor, was commissioned by the Maine Arts Commission and is a product of the Percent for Art program.

"It went through a serious political process to get there," Marshall said. "Anyone could have objected then and they did not."

Mayor Nick Mavodones did not return a phone call seeking comment this week.

The governor ordered the mural removed because, he said, it is too one-sided in its depiction of the state's labor history. The governor's office has also referred to an anonymous fax it received that compared the mural to brainwashing techniques used in North Korea.

LePage's decision has become national news and fodder for everyone from Comedy Central's Stephen Colbert to The New York Times, which ran a Sunday editorial that said the governor has "stooped to behavior worthy of the pharaohs’ chiseling historic truth from Egyptian monuments."

The mural disappeared over the weekend. In a three-sentence statement from the governor's office, little was revealed about its whereabouts. "The mural has been removed and is in storage awaiting relocation to a more appropriate venue," the statement said.

Chipman, the District 119 representative, said he wanted the mural to remain at the Labor Department, where it was commissioned for display in 2008. He said Portland City Hall was an alternative to having it sold or put in storage.

Those comments came before he knew the mural was gone.

"I was not aware of that," he said Monday. "I'm really disturbed they've been taken down."

Artists who protested in Augusta last Friday have planned another demonstration for April 1 at noon in the Hall of Flags at the Statehouse.
Kate Bucklin can be reached at 781-3661 ext. 106 or kbucklin@theforecaster.net. Follow her on Twitter: @katebucklin

2011-05-05T13:40:00.000-07:00

PRESS HERALD

Missing mural, empty wall
Art depicting Maine's labor history is stashed at a secret location.
March 29

http://www.pressherald.com/news/labor-art-stashed-at-secret-location_2011-03-29.html

By Tom Bell tbell@mainetoday.com
MaineToday Media State House Writer

AUGUSTA — Donald and Patricia Pickett visited the lobby of the Maine Department of Labor's headquarters Monday expecting to see the now-famous mural depicting Maine's labor history.

Gov. Paul LePage’s press secretary said Monday that there has been so much publicity about LePage's decision to take down this mural, which depicts Maine's labor history, that the administration has decided to safeguard it by not disclosing its storage location. LePage’s decision has angered labor groups and artists and drawn attention from the national media.

Staffers told the retired couple from Pittston that the mural had been removed during the weekend.

"We asked, "Where is it?' " said Donald Pickett. "They said, 'We don't know.' "

Indeed, the whereabouts of the mural are a secret.

Gov. Paul LePage's press secretary, Adrienne Bennett, said Monday that there has been so much publicity about the mural that the administration has decided to safeguard it by not disclosing its storage location.

"We are protecting the mural right now," she said.

Bennett said the mural will be stored until the governor develops a plan for where to put it. She said LePage is waiting to hear whether the Portland City Council wants it at City Hall.

That now seems unlikely.

The council was scheduled to take up the issue next Monday, but Portland Mayor Nicholas Mavodones said the council is postponing discussion of the issue, maybe indefinitely.

Mavodones and four other councilors, Kevin Donoghue, Dory Waxman, John Anton and David Marshall, expressed little enthusiasm Monday for the idea of displaying the mural on the second floor of City Hall.

Marshall, who initially was supportive, said he changed his mind after realizing that the mural would be a "Trojan horse" because the city would be facilitating its removal from the Department of Labor, something he strongly opposes.

Rep. Diane Russell, D-Portland, said city officials shouldn't make it easy for the governor to remove the mural.

"If the governor wants the mural down, let him deal with the consequences," she said.

LePage's decision to remove the mural has angered labor groups and artists and drawn attention from the national media. While some conservative talk show hosts have praised LePage, liberal comedians such as Jon Stewart of "The Daily Show" have mocked him.

The New York Times published an editorial Sunday that said LePage has "stooped to behavior worthy of the pharaohs' chiseling historic truth from Egyptian monuments."

Several hundred people attended a rally Friday in the department's headquarters to protest LePage's order to take down the mural.

One artist at the rally suggested that people form a human chain to block its removal. When a reporter from WCSH-TV (Channel 6) asked LePage what he would do if that happened, he replied, "I'd laugh at them, the idiots. That's what I would do. Come on! Get over yourselves!"

The Department of Labor leases space for its headquarters in a privately owned building on Commerce Drive in Augusta. Bennett said the company's facilities staff removed the 11-panel mural during one of its regular workdays, so there was no cost to taxpayers.

Judy Taylor of Tremont received a $60,000 commission in 2008 to create the mural for the department's new administrative office. The money was a portion of the federal funds that were earmarked for the space.

Taylor said she was discouraged when she heard that the mural had been removed. She said she has been so upset and distracted that she hasn't been able to work for nearly a week.

Donald Pickett, 76, who was a maintenance foreman in the Maine Department of Transportation, said he and his wife drove from Pittston to Augusta on Monday because they wanted to see the mural before it was taken down.

Now, they said, they are worried about its condition.

"It belongs to us," Pickett said. "We'd like to know where it is."

MaineToday Media State House Writer Tom Bell can be contacted at 699-6261 or at: tbell@mainetoday.com

2011-05-05T13:38:00.000-07:00

PORTLAND DAILY SUN

Mayor: Proposal to hang mural at City Hall 'on hold'

By Stacey May
Mar 29, 2011 12:00 am

http://portlanddailysun.me/news/story/despite-assurances-labor-mural-removed

Labor mural removed from state office building

Last Friday, state Rep. Ben Chipman, I-Portland, predicted somewhat ominously that the newly controversial labor-themed mural hanging at the Department of Labor in Augusta might be gone when the building re-opened Monday.

Turns out he was right.

The mural depicting images from Maine's labor history, which hung relatively unnoticed in the building's lobby for three years before being targeted for removal by Gov. Paul LePage, was nowhere to be found Monday.

Adrienne Bennett, a spokesperson for LePage, confirmed that the artwork was taken down, just days after she assured this reporter that the mural would remain on display until a new home was found.

"The administration feels that the action taken this weekend was appropriate, and that's all we are releasing at this time," Bennett said Monday afternoon.

Meanwhile, LePage's proposal to "loan" the 36-foot mural to Portland has been met with growing skepticism. At least three city councilors expressed opposition to the plan, offered Friday as a sort of compromise to keep the artwork in public view.

"I believe that the mural is the property of the state and should remain with the state," said Councilor John Anton. "I think the city and the state together face several common economic challenges and our time would be better spent discussing those."

Councilor Dave Marshall on Monday likened the state's loan offer to a "Trojan horse."

"The mural should stay as the property of the state and be properly displayed in the Department of Labor," said Marshall, who attended rallies on Friday in Augusta by artists and workers in support of the artwork.

Councilor Kevin Donoghue said he will “resist the impulse to accept the mural” without “prior assurance that its home is at the Department of Labor.”

“I would prefer that Governor LePage find the humility to reconsider what was clearly an impulsive decision. We all get to make mistakes,” Donoghue added.

Mayor Nick Mavodones on Monday said there was no space on the April 4 council agenda to hold a public hearing on the mural offer. And with the budget review set to dominate council time for the next eight weeks, he wasn't sure when the matter would come up, or if any councilor would even sponsor it.

"I think now it's all on hold," the Mayor said.

LePage made international headlines for his decision last week to remove the mural, which in 11 panels portrays noteworthy images from Maine's labor history. It was created three years ago by Judy Taylor, of Tremont, after she won a $60,000 federal grant.

Taylor told the New York Times last week that the mural represents historical fact and is not intended to be political. Slides include images of former U.S. Labor Secretary Frances Perkins, women shipbuilders during World War II, the first Labor Day celebration, and a 1986 strike at the International Paper plant in Jay.

Bennett, the LePage press secretary, said state workers placed the mural in a "secure storage location" this weekend, but wouldn't say where that was.

"We are not disclosing that location for the protection of the mural," she said.

Ben Chipman, the first-term state representative who was helping develop the deal to bring the artwork to Portland late last week, said he was "upset and frustrated" that LePage took it down so soon.

"I feared this might happen," he said yesterday. "I hoped it wouldn't, but I am upset that it has."

He said the mural's whereabouts was a mystery, even to him and other state legislators. "Nobody seems to know were it is, and the history of labor in Maine, as depicted in the mural, has been hidden from us."

Marshall, as an artist who has painted numerous murals over the years, said he was offended that Taylor's art had become a political football. He noted that the piece did not engender opposition when it was commissioned three years ago by the previous administration, and worried its removal would set a bad precedent in Augusta.

Still, he predicted all the media attention on the piece could bring a silver lining.

LePage’s actions “have only made the artwork far more powerful and have made the artwork famous,” Marshall said.

Copyright 2011, The Portland Daily Sun - Portland's Daily Newspaper - One Longfellow Square, Suite 202, Portland, ME 04102 - (207) 699-5801

2011-04-13T13:09:00.000-07:00

Department of Labor Augusta, Maine
Friday March 25, 2011

Mainers protest the order by Governor LePage to remove the Maine Labor Mural

Councilor David Marshall joins the protest.

The Maine Labor Mural

2011-03-26T17:54:00.000-07:00

SUN JOURNAL

Mural protesters say they'll fight governor's removal order
By Steve Mistler, Staff Writer
Published Mar 26, 2011 12:00 am | Last updated Mar 25, 2011 11:45 pm

http://www.sunjournal.com/state/story/1005768

AUGUSTA — Gov. Paul LePage says he's found a new home for the disputed 36-foot mural hanging at the Maine Department of Labor.

But an artist who helped organize a large protest Friday at the department's headquarters says his group will fight to keep the artwork where it is.

LePage said his office was working on a deal to temporarily relocate the mural to Portland City Hall. The move would have to be OK'd by the Portland City Council, which will take up the issue at its April 4 meeting.

The deal was brokered by Rep. Ben Chipman, an independent lawmaker from Portland. However, it's unclear whether Portland's City Council will accept the mural.

Portland Mayor Nick Mavodones said he was wary of the council being seen as "enabling" the governor's decision to remove the display. He also acknowledged that the fight unfolding in Augusta could suddenly shift to Portland.

"There will be a crowd of people and some will tell us not to take it," he said.

There's also a political component. The nine-member council is supposed to be a nonpolitical body, but its members traditionally disclose their party affiliation and advance policy in keeping with party ideology.

The council includes five Democrats, three Green Independents and one Republican.

Councilor David Marshall, a Green, participated in Friday's protest at the Department of Labor.

The gathering drew about 250 people who filled both ends of the wide hallways that flank the mural. The rally was organized by artists and attended by organized labor representatives.

Several carried signs holding the names of 146 workers who died in the 1911 Triangle Shirtwaist Factory fire. Friday marked the 100th anniversary of the blaze. (See story, Page B8).

The mural references that tragedy and depicts several other prominent national and local labor figures such as former federal Labor Secretary Frances Perkins, who has connections to Maine and is buried in Newcastle.

Robert Shetterly, an artist from Brooksville, said the protest was organized in about 24 hours. He promised another "nonviolent" event if the governor proceeded with the removal effort.

Shetterly said the mural represents Maine's labor history and should stay where it is.

"We've determined it's going to stay right here," Shetterly said.

LePage, however, appears intent on moving the 11-panel mural elsewhere because he believes it's hostile to business and doesn't balance the historical contributions of industry.

His decision has made national news and drawn the ire of unions, artists and Democrats who say he's provoking a fight with organized labor amid pending legislation that could weaken unions' political power.

Sen. Stan Gerzofsky, D-Brunswick, said he was stunned that the LePage administration would try to scrub the Labor Department of Maine's worker history, particularly given the governor's French Canadian heritage.

Several of the images in the mural reference French Canadian millworkers.

"You don't want to lift your leg on the working people of Maine and the people who built this great state, and that's including the French community," Gerzofsky said.

He added, "We all know that the French community was held down to a lower class. This governor, above all others, should know what it's like. He worked his way up. He's got to remember what it was like. He can't just now think that he's going to make these edicts to get rid of these paintings."

Adrienne Bennett, a spokeswoman for LePage, said the governor has never seen the mural in person, only in photos. She said the mural's removal was originally proposed by John Butera, a senior staff member.

Bennett said there was some debate among senior staff about whether removing it was appropriate.

"The timing (of the removal announcement) was unfortunate," said Bennett, referring to ongoing tension between the administration and organized labor.

Republicans are also questioning the governor's decision to make the mural an issue.

Charlie Webster, chairman of the Maine Republican Party, said Friday that he supported the governor's agenda but said the mural issue "was a distraction we don't need. I'm worried about changing the state," Webster said. "I'm not worried about what pictures are hanging on the wall."

LePage on Friday announced he was seeking artwork submissions to replace the mural.

A spokesman for the governor said the mural would remain in the Labor Department until it finds a new home.

smistler@sunjournal.com

2011-03-26T17:52:00.000-07:00

PORTLAND DAILY SUN

Mural might move to Portland
By Stacey May
Mar 26, 2011 12:00 am

http://portlanddailysun.me/featured/story/mural-might-move-portland-0

Labor mural could move to City Hall

The now-controversial mural at the state Department of Labor that Gov. Paul LePage ordered removed this week might be “loaned” to Portland City Hall under a tentative deal announced yesterday.

Advocates of that plan say moving the 36-foot, 11-panel mural depicting images of Maine’s labor history to Portland ensures it won’t be sold, locked away in a closet, or donated to a private museum. But some city councilors say it’s too soon to start measuring the hallways at City Hall.

“It’s not (coming to Portland) unless the city council votes for it to come to town,” Councilor Dave Marshall said yesterday, adding that no public hearing on the artwork has been scheduled.

“We certainly would have the room for it, but we would have to figure out if there is support on the council for it or not,” Marshall continued. “It’s more of an idea at this point than a decision."

Mayor Nick Mavodones says doesn’t want Porltand to be seen as “enabling” the removal of the mural from state offices, and like Marshall, he thinks it should stay right where it is.

But, Mavodones says he's open to installing it in Portland. “There is a lot of history in that mural, and I think it’s best if it stays there,” he said. “But if it’s going to be moved, I think we have the space.”

Tremont resident Judy Taylor created the mural several years ago after winning a $60,000 federal grant. The piece features memorable events in Maine’s labor history, including “Rosie the Riveter” at Bath Iron Works, child laborers, and a 1986 labor strike at a paper mill.

“I don’t agree that it’s one-sided,” Ms. Taylor told the New York Times this week. “It’s based on historical fact. I’m not sure how you can say history is one-sided.”

LePage apparently disagreed. The governor made international headlines this week when he ordered the mural removed, saying some business owners complained it was overtly pro-labor. But according to published reports, the only complaint about the mural came from a single, anonymous fax.

Democrats and labor groups largely opposed the decision, which some described as “mean spirited,” and an attack on unions. The spat was covered by the New York Times, The Christian Science Monitor, and dozens of other media outlets. While much of the coverage seemed to question LePage’s motives, the Lewiston Sun Journal sided with LePage in an editorial.

“All the administration is saying is that we want a Department of Labor that is welcoming to both sides of the equation, and right now it’s just representative of one,” LePage spokeswoman Adrienne Bennett said yesterday in a phone interview.

State Rep. Ben Chipman, I-Portland, helped broker the compromise that could send the mural to Portland. He too would rather the piece stay where it is, but says installing it at Portland City Hall is better than some of the alternatives.

“I got really worried about what was going to happen to it, and I wanted to make sure it was available and accessible to the public,” he said yesterday, adding that he feared the governor might sell the art to “raise money for the budget.”

Chipman, whose district includes City Hall, says he favors that site because it sits on the original site of the Maine State House, which was erected when Portland was the capital. That building was destroyed in the Great Fire of 1866, according to a news release, though the capital was moved to Augusta in 1832.

The state’s labor department is located several miles from the Capitol, in a nondescript office building not far from Interstate 95. Like many in Augusta, Chipman had never seen Taylor’s work before this week.

“I had never been there to see it. I think that a lot of people weren't really aware that it was there until this came up,” said Chipman, who is serving his first term.

Bennett agreed the mural was not a major “tourist attraction” at the labor department’s offices.

“It’s a place where obviously a lot of people go in and out of that lobby all day long … but I don’t think it’s a destination, per se, for anyone,” she said.

Bennett added that nobody in the administration expected the issue would reach an “international level.”

“The whole point is, we did not make this as big as an issue as people on the other side,” she said. “We are welcoming to all kinds of art for the Department of Labor, but the fact of matter is, there is only one side represented here, and its not an appropriate place for that 36-foot mural that cost taxpayers $60,000.”

Mavodones says a city council public hearing on the mural will be scheduled soon, potentially as soon as the April 4. He didn’t rule out hosting a special session on the topic, in anticipation of a large crowd.

If councilors vote to accept the art on loan, many details must still be worked out, such as where to put it (officials seem to think a second floor hallway is best), and who will pay to have it moved (the city says it’s coming at no cost, but Bennett says Portland offered to pay).

Mavodones expected fellow councilors would welcome the mural, but it’s not clear what would happen to the mural if Portland doesn’t accept it.

Meantime, LePage officials are seeking a replacement for Taylor’s piece. They want art that “depicts the cooperative relationship that exists between Maine’s job creators and the workers who power Maine’s economy,” according to a statement.

For now, the mural is still hanging in the labor department, where it will stay until a decision is made on where it’s headed.

2011-03-26T17:50:00.000-07:00

PORTLAND DAILY SUN

Marshall to announce mayoral run
By David Carkhuff
Mar 25, 2011 12:00 am

http://portlanddailysun.me/news/story/marshall-announce-mayoral-run

In a press event scheduled for Monday, City Councilor David Marshall is expecting to formally announce his candidacy for mayor of Portland.

"I'm going to explain my vision for the city and just talk about some of the accomplishments I've had on City Council," Marshall said Thursday in an interview. The announcement is scheduled at a press conference 9 a.m. Monday at City Hall.

A registered Green Independent, Marshall is the first sitting councilor to announce a run for the mayor's office.

The mayor's position, newly created by public vote, is a nonpartisan office and has attracted a diverse range of candidates. Marshall is part of a field of candidates that include Republican Erick Bennett, who announced last Monday he's running for mayor.

Other potential candidates who have picked up candidate registration forms for the mayor's race include Zouhair Bouzrara, Charles Bragdon, Jed Rathband and Christopher Vail. Rathband announced his run in recent months.

Marshall said he has shown he can get things done as an elected official.

In 2006, Marshall first won election to the City Council and won re-election in 2009, "with a platform based on the growing the creative economy, sustainability and neighborhood empowerment for the next generation of economic growth," Marshall reported in a press release.

"I'm dedicated to the city, I've been a homeowner here for over 10 years, I have a business on Congress Street downtown and I'm fully committed to seeing Portland recover from the economy and see it become competitive nationally and internationally," he said.

Asked how he would interact with new Republican Gov. Paul LePage, Marshall said he doesn't support the governor's policies, but that "as an independent person who does not have ties to the major parties," he would be able to work with either party.

In his release, Marshall ticked off a list of accomplishments, including: initiating the successful change to reinstate elections for the mayor; originating the Creative Economy Tax Increment Financing District, which received the Innovations in American Government Bright Idea Award from Harvard University; chairing the Skatepark Committee to raise funds, design and construct the Portland Skatepark; stewarding the Energy Service Contract to create green jobs and save $1.5 million in energy each year by investing $9.4 million into 45 municipal buildings; leading the defeat of a proposed moratorium on medical marijuana dispensaries and authoring the zoning to permit dispensaries; advocating against locating the JFK Aircraft Carrier as a floating musuem next to the Eastern Waterfront; negotiating the relocation of West End Community Policing to the Reiche Community Center; creating Green Building Codes for municipal buildings and tax assisted developments; coordinating opposition to block an earmark that would have funded the widening of I-295 through the Portland peninsula; organizing a statewide effort to fund the Amtrak Downeaster Train and extend it to Brunswick; empowering the St. John Valley Neighborhood to plan improvements, form an association and secure funds for streetscape investments; securing investments in the Reiche Community Center; and co-chairing the Creative Economy Steering Committee, which resulted in the formation of Creative Portland, a quasi-governmental nonprofit dedicated to the creative economy.

Candidate registration forms allow hopefuls for office to record their campaign donations, in compliance with the Campaign Reports and Finances Law, according to Kathy Jones, acting city clerk.

Nomination papers are not available until July 1. When the nomination documents become available, at least 300 signatures will be needed for a candidate to successfully file for office, Jones explained. The filing period is from Aug. 15 to Aug. 29, she said.

2011-03-16T11:54:00.000-07:00

BUSINESS WIRE

Ameresco Awarded Contract by City of Portland, Maine to Increase Energy Efficiency

Based on audit with MACTEC, Ameresco to perform numerous energy conservation measures on 30 municipal and 15 school buildings city-wide

http://www.businesswire.com/news/home/20110316005249/en/Ameresco-Awarded-Contract-City-Portland-Maine-Increase

FRAMINGHAM, Mass. & PORTLAND, Maine--(BUSINESS WIRE)--Ameresco, Inc. (NYSE:AMRC), a leading energy efficiency and renewable energy company, announced today that the Company has signed an agreement with Maine’s largest city to provide energy conservation measures (ECM) to 45 City of Portland facilities including 30 municipal buildings and 15 public schools. Based on the findings of an audit conducted with MACTEC, a leading engineering firm, Ameresco will implement the $9.4 million project. It is estimated that the project will save the City nearly $17 million over the 15-year project term while reducing Portland’s carbon footprint.

“Because of our long established roots in the city, started as EC Jordan Company 135 years ago, we are especially proud of the leadership the City Council has exhibited and the great support we got from city staff and facility managers.”

The City of Portland is dedicated to sustainability and these investments will help us achieve our goals by reducing our carbon pollution,” said Councilor Dave Marshall, Chair of the Energy and Environmental Sustainability Committee, City of Portland. “These energy conservation measures are in line with our Climate Action Plan. We have committed ourselves to reducing our carbon pollution and our investments meet these resolutions while we reduce energy consumption, achieve savings and create jobs."

The Portland City Council recently approved an agreement that will implement these measures in 45 municipal and school buildings, including a nursing home, the Portland Exposition Building, City Hall, Merrill Auditorium and Portland High School. Ameresco and MACTEC also audited all of Portland’s K-12 schools, police and fire stations and recreational facilities, along with city buildings and schools on Casco Bay Islands.

“Working with the City of Portland to bring them smart energy choices and conservation expertise has been a rewarding experience, and we applaud the City for being a leader in sustainability,” said David J. Anderson, Executive Vice President, Ameresco. “The budget-neutral improvements we are making not only reduce costs for the City, but will help to create a more efficient work environment and meet their sustainability goals.”

In addition to the comfort and economic benefits of implementing the ECMs, there are significant environmental benefits resulting from the reduced demand for electricity, such as sustained energy reductions and lowering the harmful emissions of carbon dioxide. As part of the ECMs, the City will switch from fuel oil to natural gas and Ameresco will install a 2,000 watt solar array at the Portland Arts and Technology High School.

“Ameresco has been a great partner and we applaud the City of Portland for making efficient energy choices,” said William Weber, Senior Principal Engineer at MACTEC. “Because of our long established roots in the city, started as EC Jordan Company 135 years ago, we are especially proud of the leadership the City Council has exhibited and the great support we got from city staff and facility managers.”

MACTEC’s engineers supported Ameresco to conduct the comprehensive energy audit on the City’s buildings. The team identified a portfolio of ECMs, which include:

* Premium Efficiency Lighting
* Lighting Controls
* Energy Management Control Systems
* Boiler Plant Upgrades
* Pipe & Equipment Insulation
* Solar Water Heaters
* Solar PV Systems
* Laundry Plant Improvements

The City of Portland has no upfront capital expense for the project. Ameresco will guarantee a minimum level of energy savings over the 15-year term of the contract and an assurance to the City that the cash inflows from the project will exceed the cash requirements for the project, offsetting the costs of these improvements. In addition, Ameresco will provide grant funding services that will enhance the value to the City by assisting it in applying and securing additional funds from outside public and private sources. To date, Ameresco has already helped the City to secure two $50,000 commercial funds, or a total of $100,000, to support initiatives at the Central Maintenance Building and the Howard C. Reiche Community School.

About Ameresco, Inc.

Ameresco, Inc. was incorporated in Delaware in April 2000 and is a leading independent provider of comprehensive energy efficiency solutions for facilities throughout North America. Ameresco’s solutions include upgrades to a facility’s energy infrastructure, and the development, construction, and operation of renewable energy plants. With corporate headquarters located in Framingham, MA, Ameresco has 55 offices in 29 states and four Canadian provinces. For more information, visit www.ameresco.com.

About MACTEC

MACTEC (www.mactec.com), based in Alpharetta, GA, is a leading engineering and design, environmental, and construction firm focused on four strategic business lines: Industrial/Commercial, Infrastructure (Transportation and Municipal), Energy, and Federal. MACTEC offers an ever-broadening portfolio of sustainable solutions, from renewable energy to facility asset management. With annual revenues of more than $440 million, MACTEC’s 2,700-plus employees work from over 70 offices nationwide. MACTEC consistently ranks in the top 10% of Engineering News-Record’s Top 500 Design Firms. The company has served the Portland community for over 135 years, originally as E.C. Jordan Company.

Contacts

Ameresco, Inc.
CarolAnn Hibbard, 508-661-2264
news@ameresco.com
Permalink: http://www.businesswire.com/news/home/20110316005249/en/Ameresco-Awarded-Contract-City-Portland-Maine-Increase

2011-03-16T11:52:00.000-07:00

NewNet News

US city signs deal with Ameresco for $9.4m greening project

16 March 2011

http://www.newenergyworldnetwork.com/renewable-energy-news/by-technology/energy-efficiency/us-city-signs-deal-with-ameresco-for-9-4m-greening-project.html

Renewable energy company Ameresco has signed an agreement with Maine’s largest city to provide energy conservation measures to a number of Portland facilities.

The $9.4m project will include 30 municipal buildings and 15 public schools, and it has been estimated it will save the city $17m over the 15-year project term.

Councillor Dave Marshall, chair of the energy and environmental sustainability committee, said, ‘These energy conservation measures are inline with our Climate Action Plan.

‘We have committed ourselves to reducing our carbon pollution and our investments meet these resolutions while we reduce energy consumption, achieve savings and create jobs.’

Schools, the City Hall and care homes all come under the action plan as the city aims to drive through a comprehensive, umbrella sweep of measures.

David Anderson, executive vice president of Ameresco, said, ‘Working with the city of Portland to bring them smart energy choices and conservation expertise has been a rewarding experience, and we applaud the city for being a leader in sustainability.’

Copyright © 2011 NewNet

2011-03-16T11:51:00.000-07:00

PRESS HERALD

City of Portland hires firm to implement energy saving measures

Dennis Hoey dhoey@mainetoday.com

http://www.pressherald.com/news/City-of-Portland-hires-firm-to-implement-energy-saving-measures.html

PORTLAND — Ameresco, Inc., a renewable energy company based in Massachusetts, announced today that it has signed an agreement with the city of Portland to provide energy conservation measures to 45 city facilities, including 30 municipal buildings and 15 public schools.

The $9.4 million project will be funded with a bond, said city spokeswoman Nicole Clegg.

It’s estimated that the project will save the city nearly $17 million over the 15 years it will take to complete.

In October, the Portland City Council agreed to borrow the funds needed to make energy improvements with the Barron Center, a city nursing home, receiving the largest share – $2.4 million.

At the time of the vote, city officials said the Portland Exposition Building would receive $450,000; City Hall and Merrill Auditorium, $392,000; $423,000 for the public safety building; and $1.2 million for Lyseth Elementary School.

The project also calls for switching the city from fuel oil to natural gas and installing a 2,000-watt solar array at the Portland Arts and Technology High School.

“The City of Portland is dedicated to sustainability and these investments will help us achieve our goals by reducing carbon pollution,” said City Councilor Dave Marshall, Chairman of the Energy and Environmental Sustainability Committee.

2011-03-09T16:35:00.000-08:00

PORTLAND DAILY SUN

Groups seeks to make "inert" state pier "interactive"
By Matt Dodge
Mar 09, 2011 12:00 am

http://portlanddailysun.me/news/story/arts-use-pier-seeks-turn-inert-interactive

A city arts group is moving forward with plans to explore a mixed-arts use for the Maine State Pier while admitting that such uses do not mesh with the city's vision of a "working waterfront" for the deep-water berth.

Why? Largely because no one has told them not to.

“We kept waiting for ‘no’ to be the answer, and we never got ‘no’ so we were encouraged,” said Patrick Costin, a member of Creative Portland and principal of architecture and planning firm Canal 5 Studio.

Costin said that while the city might not support such a venture, exploring the idea couldn’t hurt and doesn't run counter to any other plans currently in place for the Casco Bay landmark.

“The city council perspective is not consistent with this type of use for the pier," he conceeded. "But based on what we know there are no alternative options available that will lead anywhere for pier redevelopment at the current time.”

’We want to open it [the pier] up to the world. Right now it’s nothing but a gigantic wall separating you from views of Casco Bay — it’s an inert object, we want it to be an interactive object,” he said.

Two years after a failed development deal which would have transformed the 88-year-old pier, Creative Portland is proposing a mixed arts use model based on an idea from the Land Down Under.

Adelaide, Australia’s "Jam Factory" converted a former factory into a contemporary craft and design facility for the design, production, exhibition and sale of work by leading and emerging Australian designers and craftspeople. Operating for the last 37 years, the facility has studios space for ceramics, furniture, metal and glass work, as well as a retail space where artists can market their wares.

“They had a similar concept that was very successful,” said Costin.

Costin said the Creative Portland committee tasked with the pier project has done a lot of research into the space, meeting with the city planning department and familiarizing themselves with past and current zoning frameworks and city policy with regards to Portland’s vision for the pier.

“We looked into — if there were an opportunity to introduce an arts component — how that would materialize in terms of zoning or changes to current zoning and [there’s] nothing in the way from a zoning standpoint,” said Costin. “Now the next step is to do a walk-through of the pier, that would help us become more informed on the condition and configuration of the space,” he said.

But city councilor Dave Marshall, the council member appointed to the Creative Portland board, said that the group might discover a real dearth of public support as the idea evolves.

“We've had a lot of extensive process around future uses for the pier and there wasn't a strong public movement at the time calling for this to be predominately used for arts-related purposes,” said Marshall.

Issue of public desire aside, Marshall said, the pier features some working waterfront-specific amenities like its deep-water berth which would be underutilized in a mixed arts use.

“There’s a limit to the the amount of deep-water berthing available in the city," said Marshall. "Arts uses can really exists anywhere in the city, and there has been discussion in the past of having uses on the pier that were not directly related to berthing, but those were uses related to very high income tenants,” he said.

While Marshall said the council has not taken a definitive position of the issue, he senses little support. “Nothing that the council said would necessarily outright prohibit an arts-related use, and I wouldn't say that this discussion is off the table, but it is a bit of a stretch,” he said.

With 30,000 square feet of class C office space across two levels, Costin said the pier facility is uniquely suited for the mixed-arts use concept. “It would appear to align well with type of space we’re looking for, which is affordable, small studio space for artists to work in,” he said.

The pier’s location in a tourism-heavy district and proximity to the city’s cruise ship terminal could be another important asset for a mixed use arts space, according to Costin. “There would be the opportunity for an art event to occur on the lower level during the height of the summer season so you would have cruise ship and island visitor traffic at its peak,” he said.

The idea for a mixed use arts space at the pier was first explored when an ad-hoc committee was formed to propose a project for an National Endowment for the Arts grant, but the committee eventually decided to put their support for the $250,000 NEA grant behind a proposal for a outdoor video screen for the Portland Public Library.

2011-03-09T16:34:00.000-08:00

PRESS HERALD

Graffiti plan calls for cleanup by property owners
Officials say it might be a challenge to pass the ordinance, which calls for $250 to $500 fines.

http://www.pressherald.com/news/graffiti-plan-calls-for-cleanup-by-property-owners_2011-03-09.html

By Dennis Hoey dhoey@mainetoday.com
Staff Writer

PORTLAND — City officials are considering an anti-graffiti ordinance that's aimed at making Portland a more inviting place to live and do business.

The ordinance would require property owners who are "tagged" by graffiti vandals to remove the graffiti within 10 days after being notified by the city. Any property owner who does not could be fined $250, and $500 for subsequent violations.

Proponents say studies have shown that the faster graffiti is removed, the less likely vandals are to return.

Members of the City Council's Public Safety Committee responded favorably to the proposal Tuesday night, but acknowledged that passing it could be a challenge.

"I do feel we need to do something," said Councilor David Marshall. "But I recognize this is going to be a contentious issue."

The ordinance was proposed by the city's Community Police Advisory Board, a group made up of residents, business owners, the religious community and educators.

It was developed in conjunction with Trish McAllister, the city's neighborhood prosecutor.

"Graffiti is a visual symbol of disorder and lawlessness," McAllister wrote in a memo that was presented to the committee. "It contributes to a downward spiral of blight and decay, decreasing property values, lessening business viability, and adversely affecting tax revenues."

McAllister said the proposed ordinance is not intended to "re-victimize" property owners, but to hold negligent property owners responsible when they ignore the problem.

The proposal says the anti-graffiti law would not be enforced from Jan. 1 to April 30 because of weather considerations.

The sale of graffiti tools to anyone younger than 18 would be illegal, and parents of minors caught committing graffiti vandalism could be held responsible for removal costs.

Committee members said the ordinance needs further tuning before it can be presented to the council for consideration. They tabled the proposal until their meeting April 12.

Also Tuesday night, the Public Safety Committee considered a request from the Police Department to have the social service agency Preble Street enforce a code of conduct for its clients, saying it would make that neighborhood safer.

Police Cmdr. Vern Malloch told committee members that Preble Street "has inadvertently and unintentionally created a dangerous environment" by promoting a low-barrier policy -- which allows Preble Street to serve the destitute and homeless without requiring clients to abide by a code of conduct.

Police are seeking the City Council's support to have the low-barrier policy changed.

"Social workers do not share information with officers and frequently will not identify wanted persons, creating a sanctuary atmosphere," Malloch said in a memo to the committee. "The establishment of a code of conduct coupled with a commitment to share information with police is what is needed."

Preble Street's associate director, John Bradley, said social workers are bound by confidentiality laws. He said Preble Street welcomes a police presence and would be willing to meet with police to find common ground.

"If this were a bar, we'd have to close it down," Marshall said, referring to the 438 calls for service at Preble Street in 2010. "But it's not. It's a homeless shelter. Obviously, we have some work to do here."

Committee members told the Police Department to meet with Preble Street and work out a more effective system for rooting out behavior that could lead to drug trafficking, intimidation or violence. Malloch agreed to return April 12 with a progress report.

In another matter, the Public Safety Committee recommended that the City Council approve an ordinance that would make it easier to prosecute the owners of "disorderly houses."

City officials say the current law is ineffective.

Staff Writer Dennis Hoey can be contacted at 791-6365 or at: dhoey@pressherald.com

2011-02-25T05:36:00.000-08:00

PORTLAND DAILY SUN

24 hours or $100, city tightens rules on sidewalk dumping

By Matt Dodge

Feb 25, 2011 12:00 am

http://portlanddailysun.me/node/23347

Portland property owners will now be financially responsible for household items left on sidewalks and streets in front of their buildings after the city council voted unanimously Wednesday night to amend the city's garbage, waste and junk disposal ordinances.

Property owner who fail to remove items including mattresses, sofas and chairs will now be assessed a minimum $100 fee if they fail to take action within 24 hours of being notified by the city.

The new ruling ramps up the time frame of the previous system, under which property owners were given three notices to remove trash before a fine was assessed.

“Something that would take at least a week now has the potential to take 24 hours. I think this is a more appropriate, streamlined approach,” said City Councilor Dave Marshall, whose district include Parkside and the West End.

Marshall said the mandate for a swifter response should help to combat any perception among residents that such dumping is acceptable. “Once you get one piece outside, unless you deal with it, you give the message to people that it’s okay and the situation can quickly spiral out of control,” he said.

Some councilors expressed concern that dumpers may come from miles around to unload their junk in an urban area where it won’t be noticed or traced back to them.

"Some cities have drive-by shootings. We have drive-by dumpings," said City Councilor Ed Suslovic. The program will be reviewed in six months.

For Portland, large curbside trash items have been a growing problem ever since the city eliminated a heavy item pickup program three years ago amid large-scale budget trimming.

The issue came to a head last summer as some renters, wary of a perceived bed bug epidemic or maybe just cleaning house, dumped couches, mattresses and other furniture along Portland’s sidewalks and streets.

“It’s been an issue for a while. Over the summer we saw a many bulky, large items being left in sidewalks, so the city council asked city staff to come up with some sort of proposal to address the problem,” said city spokesperson Nicole Clegg.

“Part of the problem is we really didn't have a means for enforcement; now we can have someone who can go and inspect and get in contact with the property owner. By and large once that happens, the property owner is compliant,” she said.

That someone is Suzanne Hunt, the newly hired sanitation compliance officer who will respond to complaints as a liaison between property owners and the city.

Under the new system, if a property owner refuses to remove garage from their property, the city will pay for the collection of the waste and then bill the owner. The city may put a lien on a property if owners do not pay the charge.

Each infraction will carry a minimum fee of $100, and the city may charge an additional $100 for every cubic yard of material removed.
“It’s trying to raise public awareness that sidewalks are not the appropriate place to dispose of large items or anything that's not in a blue bag put out on trash day,” said Clegg.
“It’s a community consciousness we’re hoping to raise an awareness around. We’re hopeful that by raising awareness, property owners and residents on street, when they see someone dumping something, will make it clear to them it’s not appropriate,” she said.

While the new guidelines might seem strict and swift to some, city councilors say it’s a measured response to a growing problem.

“There was some concern expressed saying that it was a little heavy handed, and I hear what they’re saying," said Marshall, "but when you look at some of the conditions we have in some of the more densely populated urban neighborhoods, it become quite apparent that the city needs to have a quick response to mattresses, couches and overflowing dumpsters.”

Marshall said there is a “chronic pattern associated with landlords who don't live in city and are neglecting their property,” but suggested that covert, dump-in-the-night litterbugs might also be to blame — something the neighborhood prosecutor will have to investigate when assessing fines.
“If we contact the landlord and their response is ‘somebody just dumped all this on my property’ we’ll have them talk to our neighborhood prosecutor and she can ask questions like 'what did they look like, what kind of vehicle did they drive?’ and we’ll pursue that individual,” said Marshall.

“If it’s a situation where it doesn't seem like the city had a clear case to pin responsibility on that landlord, the city obviously isn't going to force it,” he said. “Our goal is to try to keep our streets clean and safe, and this measure will allow us to respond more quickly.”

2011-02-23T09:20:00.000-08:00

THE FORECASTER

Portland bus service may back bid to loosen billboard ban

By Kate Bucklin

Feb 22, 2011 11:10 am

http://www.theforecaster.net/content/p-busshelterads-022311

PORTLAND — A bill submitted by a Portland legislator would allow advertising in bus shelters, which is currently banned by the state's anti-billboard law.

District 116 Rep. Denise Harlow, D-Portland, said her bill would allow towns and cities to decide whether they want to allow advertisements inside bus shelters. She said the move could generate revenue for public transportation agencies to maintain shelters and pay for new ones.

The Greater Portland Transit District (Metro) board of directors is scheduled to vote Thursday, Feb. 24, on whether to support the bill.

City Councilor Ed Suslovic, who sits on the Metro board, approached Harlow with the idea. He said allowing poster-sized advertisements similar to those allowed in many cities outside of Maine is an obvious opportunity.

"It would be a very narrow exemption to the billboard law, and it would not supersede any local laws regarding advertising," Suslovic said. He added that Metro could have a policy regarding allowable advertising, and would expect a prohibition on religious or tobacco ads.

City Councilor David Marshall, who is also a Metro director, opposes allowing ads. He said Portland is unique because of its lack of outdoor advertising in the downtown area.

"Most other cities you visit have billboard advertising all over," Marshall said. "We need to build on our brand. We don't need a barrage of advertising."

Harlow's bill was undergoing revision last week, and Harlow said she expects it to be assigned to a legislative committee for consideration in March.

The Metro board meets at 7:45 a.m. Thursday at 114 Valley St.

Kate Bucklin can be reached at 781-3661 ext. 106 or kbucklin@theforecaster.net

2011-02-23T09:18:00.000-08:00

THE FORECASTER

Sale of Eastland Park Hotel in Portland is imminent

By Kate Bucklin

Feb 23, 2011 7:00 am

http://www.theforecaster.net/content/p-eastlandsale-022311

PORTLAND — A Columbus, Ohio-based investment company plans to buy the Eastland Park Hotel by the end of this month.

RockBridge Capital, a partner in RB Portland LLC, has the 241-room hotel under contract from the current owner, Portland Hotel Associates. RockBridge is expected to make a significant investment in the 85-year-old High Street landmark.

Bob Indeglia, president of Magna Hospitality Group – a partner in Portland Hotel Associates – confirmed the pending sale this week, but said confidentiality restrictions prevented him from disclosing any details.

Portland Hotel Associates has owned the Eastland since 2000, when the property was acquired through auction. The group has renovated the two-building hotel in the last few years and placed the property up for sale last fall.

RockBridge has invested more than $3 billion in 300 "assets" across the country since 1992, according to the firm's website. It partners with hotel operators and well-known hospitality chains, including Hyatt, Sheraton, Marriott and Hampton Inn.

No one at the company could be reached early this week for comment, but city officials said its investment into the Arts District hotel is an exciting prospect.

City Economic Development Director Greg Mitchell said RockBridge is doing due diligence now, and has been in contact with the city about the sale.

Mitchell referred further questions, including whether the Eastland would be rebranded as part of a national chain, to RockBridge. He said that when a large property such as the Eastland changes hands, it generally brings about new investment.

City Councilor David Marshall said the most important thing to him is that investors have the capital to improve the building. In a city that prides itself on independent businesses – especially in the Arts District – Marshall said he had not yet heard any backlash about the hotel becoming a chain property, but guessed he would.

"My hope is that substantial investment goes along with new ownership," he said.

Portland Downtown District Executive Director Jan Beitzer said she hopes the new owner will continue to renovate the Eastland. She pointed out that Magna Hospitality's projects included rejuvenating the Top of the East lounge.

"That's a very well-known bar," she said. "It offers spectacular views of the city."

Beitzer said the Eastland, downtown's second largest conference space, brings people into the city year round, not just during the summer.

RockBridge applied for state food and beverage permits on Feb. 3.

According to a food establishment application submitted to the city by Kenneth Krebs, RockBridge executive vice president and general counsel, RB Portland plans to acquire the hotel and continue normal operations.

The document says the purchase agreement for the property has a closing date of no later than Feb. 28.

Kate Bucklin can be reached at 781-3661 ext. 106 or kbucklin@theforecaster.net

2011-02-22T10:53:00.000-08:00

PRESS HERALD

Portland seeks more input on new Amtrak station

http://www.theforecaster.net/content/p-portlandrail-022311

By Randy Billings

Feb 22, 2011 8:10 am

PORTLAND — The Transportation Committee wants the city to assert itself when it comes to planning the future of passenger rail service.

But before that can happen, policy makers must develop a uniform vision to guide land use decisions.

The new effort comes at a time where the operators of the Amtrak Downeaster are commissioning a study that could lead to a new passenger train station near the Casco Bay Bridge on the western waterfront.

Evaluating the functionality of the Downeaster's existing station near Thompson's Point and exploring a possible move to a two-track, center-platform West Commercial Street station are part of the Northern New England Passenger Rail Authority's plans for extending Downeaster service to Freeport and Brunswick.

Last week, the executive director of the rail authority updated the Transportation Committee on the project. The goal is to increase ridership, while addressing challenges to establishing northbound service, not only to Brunswick's Main Street Station, but also for rail service to the Auburn area.

But members of the committee – three city councilors – said NNEPRA's presentation lacked specifics and did not leave them with the impression they would have a seat at the table.

Committee Chairman Kevin Donoghue on Monday said the presentation seemed more like a sales pitch than an informational meeting with a vested stakeholder.

"It became clear we need to develop and assert our interests as a city and as a land use regulator," he said

A one-page staff summary of the planning effort was the only public document provided prior to the meeting.

But NNEPRA defined the project scope and idea of a West Commercial Street train station last March, and recently issued a detailed request for qualifications, or an RFQ, to prospective consultants who would lead the planning study.

According to the RFQ, the planning study, funded by a $750,000 planning grant, is scheduled to conclude in December. The consultant would complete the Portland train station portion of the study by November.

The RFQ calls for architectural renderings, a "high-level capital budget" and an analysis of each option's projected impact on passenger demand and the local economy.

NNEPRA Executive Director Patricia Quinn on Monday said the councilors did not receive the detailed information they wanted last week because a consultant has not been hired.

Quinn said the authority will likely take the next month to go through the more than half-dozen proposals received by the Feb. 18 deadline. Once a consultant is chosen, a formal process will be established, she said.

Quinn said the city will have a seat at the table, but said "the table hasn't even been built yet." She also welcomed the city's involvement throughout the planning process, and said she stated that desire several times at last week's meeting – so she was surprised the city councilors left that meeting with a different impression.

"I think I made it very clear that anything we did would have to be with the full input and support of the city, because we wouldn't be able to move forward without doing that," Quinn said.

While Donoghue originally said it didn't seem like NNEPRA intended to invite elected officials into the process, he said his impression changed after he spoke with Quinn on Monday.

Councilor David Marshall acknowledged that city has not been aggressive in asserting its interests or vision for future rail service in the city, and said it was "high time" to do so.

Marshall said elected officials are the ones most closely tied to the interests of residents and should be in the driver's seat of the planning process, especially a potential train station on the waterfront.

"The Transportation Committee is looking for a really robust public process," Marshall said. "There's a lot of stakeholders here that need to be heard by the city as we take a position on whether this is the appropriate location for a train station."

Randy Billings can be reached at 781-3661 ext. 100 or rbillings@theforecaster.net

2011-02-21T11:52:00.000-08:00

PORTLAND DAILY SUN

http://portlanddailysun.me/news/story/where-fore-art-thou

Where Fore art thou?

By Matt Dodge

Feb 09, 2011 12:00 am

People have called it an eyesore, an embarrassment, and even described it as dangerous.

Now they’ll have to say goodbye as a controversial landscape sculpture is set to be removed from the city’s public art collection.

The city council unanimously voted down a resolution Monday night that would have encouraged the Public Art Committee to consider relocating the “Tracing the Fore” sculpture from its current Boothby Square location to another site in Portland.

“I don’t see deaccessioning as a repudiation of public art, I see it as a wide acknowledgement of failure of this piece to succeed in fitting in with it’s location,” said councilor John Anton.

The city council voted 7-3 in November to remove Shauna Gillies-Smith’s piece. But the search for a new location began in earnest amongst the art committee when city councilor Dave Marshall suggested the committee draft a resolution to gauge council support for relocation.

Monday night, the council met the relocation proposal with a resounding no, unanimously voting not to support the resolution with councilors citing the $30,000 to $50,000 price tag of such a move as a major deterrent.

The art committee will not discuss options for deaccessioning the piece, which include selling the sculpture to a private collector, returning it to the artist or selling it off for scrap. However, the committee will vote on a course of action and make a recommendation to the city council, which may approve or deny that plan for the landscape sculpture.

“If the artist came to us and said ‘we want to get that back’, that's something that the community and the council could consider. Or we could sell it for scrap and make some money off it that way,” said Marshall.

But don’t expect the city to break even in selling the piece. The sculpture initially cost the city $135,000 in materials, labor and artist fees and will cost around $8,000 to remove, including landscaping for the square.

“It’s likely the cost of removal will exceed what we’ll get from selling it or scrapping it,” Marshall said.

As a member of the Public Art Committee and an artist himself, Marshall sponsored the resolution, but was glad to see the plans for relocation nipped in the bud.

“I have a lot of respect for artists, but as as artist I can say not every piece I have done has been my best and we need to just accept that sometimes the execution of an idea is not necessarily in sync with people’s concepts,” he said.

The piece came under scrutiny last summer from some Boothby Square business owners who said that the piece never lived up to the artists concept, with grass failing to grow an appropriate height to simulate waves on the Fore River as intended.

But Anton said the city must also take it’s share of the blame for the sculpture not living up to its concept due to a lack of maintenance. “We need to acknowledge the city’s role in this piece’s failure, but I think the important thing to remember is that we tried.

“It was a noble attempt, now let’s cut our losses and see what new, great pieces can emerge from the public art committee,” Anton said.

Matthew Cardente led the charge to oust the sculpture, requesting the piece be removed soon after moving his commercial real estate offices to the square last April.

“From start to finish I think it was a mistake, but I think it’s good people can suck it up and I commend the council for not even voting to relocate it,” he said.

Cardente, who had pledged to help fund the sculptures removal last summer, said he will honor that commitment knowing that the money won’t be spent relocating the piece. “I am willing to donate $1,000 personally to start raising the funds to do something,” he said.

The controversy surrounding “Tracing the Fore” will hopefully change the way in which the city goes about installing public art, said Cardente.

“I think it will set better standards or guidelines, getting more input from people on these projects, not only what they look like, but what their impact will be on the neighborhood,” he said.

Cardente said he would like to see the sculpture removed in time for a revamped Boothby Square come summer. “My hope is that it’s removed in the Spring and that whatever they decree to do, flowerbed or whatever, will be done in time for tourist season,” he said.

2011-02-21T11:50:00.000-08:00

PORTLAND DAILY SUN

http://portlanddailysun.me/news/story/council-considers-sculpture-relocation

Council considers sculpture relocation

By Matt Dodge

Feb 08, 2011 12:00 am

The city council may well have sealed the fate for the controversial “Tracing the Fore” sculpture last night, voting unanimously to deny a resolution to support relocating the piece.

Without the support of the council, the Portland Public Art Committee (PPAC) must now decide whether to remove the piece from their collection or continue with plans for relocation or storage of the piece. It seems likely that the group will return the work to the artists.

“It’s time for us to move forward and let Tracing the Fore go,” said city councilor Dave Marshall before yesterday's meeting.
Marshall, himself an artist who also serves as a member of the PPAC and sponsored the resolution. “I’m going to ask the council to vote in the negative,” said Marshall, adding that “if it seemed like a close decision, I would want the committee to proceed [with relocation plans].”

He asked his fellow councilors to vote against the resolution.
At a meeting on January 19, the PPAC had begun looking for a new site for the sculpture when Marshall, a member of the committee, suggested the PPAC float a resolution to the council to gauge interest in spending more money on the maligned sculpture.

“I thought it would be a good idea for the committee to check in with council before committing a lot of time and energy of a volunteer committee and city staff.” said Marshall.

“There was some passing conversation with a couple city councilors and it seemed as though there were some concerns about the idea of spending a lot of money moving Tracing the Fore,” said Marshall.

The PPAC voted 7-3 in November to remove Gillies-Smith’s sculpture after an outcry from Boothby Square business owners, who circulated a petition to have the jagged-metal landscape sculpture removed.

The sculpture initially cost the city $135,000 in materials, labor and artist fees — $71,000 more than the project’s original estimate.

“We’re kind of at the point where we need to accept that Tracing the Fore didn’t work out for us in our collection,” said Marshall. “Outside of the public art committee, I’ve heard very few voices saying we should spend the money to relocate this,” he said.

The PPAC had been exploring relocation to a site along the Fore River Parkway Trail in the northerly open space of the Mercy Hospital campus plan on land owned by Mercy Hospital which is subject to an open space and public access easement to the City of Portland as a conditional rezoning.

The likely cost to relocate the piece is expected to be in the range of $30,000 to $50,000 according to the city’s website.

“The cost has already exceeded what everyone expect by far. I don't feel as though it the best expenditure of public art funds to be relocate this piece when we have a lot of pieces in our collection that need maintenance and we have some good opportunity to add some other pieces,” said Marshall.

Marshall said the money that would be required to relocate the sculpture would be better spent on future public art project, such as the Bayside Trail seating project, which aims to install unique artist-designed benches along the city’s newest walking path.

“If we decide to move forward with that, it will take up a good amount of funds,” said Marshall.

Before Monday evening’s vote, councilor Cheryl Leeman said she was also wary of relocation, especially given the cost. “We have enough money invested in a failed art project,” said said, calling the $30,000 to $50,000 price tag for relocation, “outrageous.”

“That’s taxpayer money, and at some point you have to be realistic,” said Leeman. “It’s like any project in the private sector of personal life, you get to pint where you need to make a decision if you keep spending money on it,” she said.

“It looked good on paper, but it might be time to bite the bullet and say this didn't work,” she said.

Leeman said that ideally she would like to see a private collector or organization step in and buy the piece. “That would be a nice option,” said Leeman.

Mayor Nick Mavodones was reserving judgement on the resolution until last night’s meeting.

“I’m going to wait and see what the testimony is on it,” said Mavodones. “I’m kind of on the fence, I hate to have an artist put in the work on commissioned piece and scrap it, but the additional cost is a deterrent,” he said.

2011-02-21T11:42:00.000-08:00

PRESS HERALD

http://www.pressherald.com/news/its-final-sculpture-wont-get-a-new-life_2011-02-08.html

February 8

It's final, sculpture in Old Port won't get a new life
City councilors unanimously decide that a controversial piece of public art should be dismantled rather than moved.

By Dennis Hoey dhoey@mainetoday.com
Staff Writer

PORTLAND — One of the most controversial pieces of public art ever to be displayed in the city is on its way out.

click image to enlarge

"Tracing the Fore" at Boothby Square in the Old Port.
Select images available for purchase in the
Maine Today Photo Store

The City Council voted unanimously Monday night against moving "Tracing the Fore" to the Fore River Parkway, near the Mercy Hospital campus.

Its recommendation will go to the city's Public Art Committee, which now must decide how to dispose of the landscape sculpture featuring stainless steel waves.

In what turned out to be a busy night, the council also voted to not renew the Cactus Club's liquor and special entertainment license. The Portland Police Department, citing poor management and several instances in which public safety was put at risk, had recommended that the licenses for the Old Port bar not be renewed.

City Councilor David Marshall, who is an artist and a member of the Public Art Committee, urged councilors not to support relocating Tracing the Fore.

"What we are trying to do tonight is to get some direction from the council," said Marshall.

The Public Art Committee voted 7-3 in November to preserve the piece, preferably by moving it out of the Old Port to a new location.

"Is this a good idea? That's why were are here tonight," said Tony Muench, a member of the committee.

The council said no, meaning the sculpture simply will be dismantled.

Marshall said it would cost the city $30,000 to $50,000 to move the sculpture from its current location in Boothby Square to a Fore River Parkway site.

Property owners around Boothby Square said the sculpture, designed by a Boston artist, Shauna Gillies-Smith, is just plain ugly and looks out of place.

The Public Art Committee chose Gillies-Smith's design in 2004, after a national competition, because it was mostly a natural approach to art – sculpted waves seeded with tall grass that would sweep over stainless steel forms representing the Fore River.

"The result was not what the council or the Public Art Committee ever intended," Marshall said. "It has become the most challenging piece in our public art collection."

"Like with everything. You win some, you lose some," said Councilor John Anton, who said he doesn't view the council vote as a repudiation of public art. Several councilors, including Anton, said they support public art.

Mayor Nicholas Mavodones Jr. said Gillies-Smith should be commended for her efforts, but, "I'm concerned with the amount of money that it would cost the city to relocate this."

Monday's hearing on whether to renew the Cactus Club's liquor licenses took more than two hours.

Councilors voted 7-1 – with Mavodones dissenting – not to renew the Fore Street's bar liquor and special entertainment licenses.

Cmdr. Vern Malloch, who is in charge of the Portland Police Department's uniform operations, cited several instances of liquor violations, public disturbances and fights that police allege are linked to the club's management.

"The police department has no confidence in the management abilities of the Cactus Club," Malloch said. "The public's safety in the Old Port would be greatly enhanced if the club were to be closed."

The club's owner, Thomas Manning, told the council that he was being singled out by police, given the volume of assaults and disturbances that occur throughout the Old Port.

Manning said he had to file a protection-from-harassment order against the department after he found out that officers in cruisers, parked across the street from his business, were videotaping his business.

That order was never enforced by the courts, Malloch said.

"This is our eleventh year of operation and all of a sudden we have poor management on our hands," said Manning, who noted that none of his neighbors or patrons came to the hearing to support the police department's allegations.

Staff Writer Dennis Hoey can be contacted at 791-6365 or at: dhoey@pressherald.com

2011-02-21T11:29:00.000-08:00

PORTLAND DAILY SUN

http://portlanddailysun.me/news/story/sculpture-relocation-lacks-council-support-says-marshall

Sculpture relocation lacks council support, says Marshall

By Matt Dodge

Jan 21, 2011 12:00 am

The future of the controversial Tracing the Fore sculpture is still uncertain as the Portland Public Art Committee considers either relocating the piece or removing it from their collection permanently.

While the head of the group's Tracing the Fore committee discussed possible sites where Shauna Gillies-Smith’s sculpture could be reinstalled, both the PPAC chairman and a city councilor voiced concerns that the committee might lack the funds to have the piece reinstalled.

While sub-committee chair Terry DeWan displayed maps and photos of a possible site for relocation along the Fore River adjacent to Mercy Hospital’s Fore River location, PPAC Jack Soley slowed down the proceedings, citing the cost of any such relocation.

“We don't have budget right now to relocate it,” said Soley, who hopes to have the committee devise a plan of action by spring so the much-maligned sculpture may be removed as soon as the ground thaws at Boothby Square.

“My concern is that we have a plan for spring and can hit the ground running as soon as it thaws,” said Soley.

Soley estimates that removal of the piece to run about $8,000 including landscaping, and another $25,000 to reinstall the sculpture at another location. “Bare minimum that’s a $35,000 to $40,000 project,” he said.

City Councilor Dave Marshall, who serves on the PPAC board, also brought a reality check to the process, advising his fellow members that they would likely lack the support of the city council if they attempted to relocated the piece.

“I’m not confident the votes will be there on the council to move the piece,” said Marshall, suggesting that the council might favor deaccessioning the piece — removing it from the PPAC’s collection so that it may be sold to a private collector or corporation.

Marshall said he would talk with the mayor and solicit some specific feedback for the committee on the issue, but advised the PPAC to not get too deep into the relocation process.

The sculpture initially cost the city $135,000 in materials, labor and artist fees — $71,000 more than the project’s original estimate.

The committee voted 7-3 in November to remove Gillies-Smith’s sculpture after an outcry from Boothby Square business owners, who circulated a petition to have the jagged-metal landscape sculpture removed from its location, citing issues of aesthetics and safety.

During the same meeting, the committee also discussed plans for a "second call" for entries in the Bayside seating project citing an underwhelming number and quality of entries in the first round.

At issue for the Bayside Seating Committee is how to solicit a larger and more impressive crop of bench designs. The project calls on local artists and designer to submit proposals for benches to be installed along the Bayside Trail, but the PPAC decided to reopen the search after receiving far fewer proposals than expected and having no clear favorites. “We need dozens [of submissions], not a dozen,” said Soley.
Some $2,174 of the $3,000 budgeted for the project has already been used, according to Alex Jaegerman, planning division director for the city.

“We’ll probably need to allocate additional funds,” said Jaegerman, who suggests that the process could be done cheaper the second time around. “I think by simplifying the process it will be manageable,” he said.

Some said the language of the call for submissions should be relaxed to encourage more adventurous, daring designs. The last proposal places a focus on Bayside’s historical context, asking for designs which tied into the industrial and maritime history of the neighborhood.

“We need to have a lighter touch,” said Alice Spencer, chair of the Bayside Seating Committee. “At the bottom it said ‘have fun,’ but it was clearly at the bottom.”
“Sometimes you get more interesting, lively ideas where you don't require too much heavy lifting from your candidates,” she said.

One artists in attendance said that the project’s requirements turned even him, a furniture maker, away from the bench-design contest.

“I read the proposal and said 'forget it, that’s way too much',” said Jamie Johnston, who taught at Maine College of Art and is considering joining the PPAC. “I don't do a lot of [requests for proposals] because I don't want to do the work before I know I have the job,” he said.

Councilor Marshall said that the idea of artists-designed benches is by no means an original project, suggesting the PPAC might receive more compelling submissions if it were to relax the guidelines even further.

“My feeling with the benches is that we didn't inspire a heck of a lot of people with it. It's been done before, it’s not a fresh new idea. I would like to be on the verge of doing something that is new,” he said.

Soley said that the bench project “does have merit” and he's willing to give it another try. “It seems the will of the committee is to try it one more time. If we don't get results we're looking for, we’ll know the idea is done and we don't need to pursue it anymore.”

2011-01-11T12:55:00.000-08:00

THE FORECASTER

http://www.theforecaster.net/content/p-railstation-011211

New train station eyed in Portland; former ferry terminal to be upgraded

By Randy Billings

Jan 11, 2011 10:50 am

PORTLAND — The operators of the Amtrak Downeaster will meet with the city's Transportation Committee next week to discuss a variety of initiatives, including a new passenger rail station on Commercial Street.

Along with state plans to improve the International Marine Terminal, the project would bring new vitality to the city's western waterfront.

Patricia Quinn, executive director of the Northern New England Passenger Rail Authority, on Tuesday said the details of her Jan. 18 presentation to the committee have not been finalized.

But Quinn suggested she would present a general update of the group's efforts to extend the Amtrak Downeaster to Brunswick, as well as outline concepts that will be addressed in a report focusing on improving operations.

"I have a call planned with (the city) later in the week to finalize the agenda," Quinn said. "I really don't have anything to share with you at this point."

But Quinn went on to say that the bulk of the study, which will be funded by a $750,000 grant, will likely be used on engineering and environmental impact studies for improving the Portland-Boston rail line.

Other portions of the study, Quinn said, could focus on "challenges" at Amtrak's current station at 100 Thompson's Point Road, which is not easily accessible to pedestrians, only accommodates one train at a time and inefficient for northbound service.

A new station on the waterfront near downtown, with a central platform to accommodate northbound and southbound trains, would solve those problems, Quinn said, noting the group would also look at improving its existing station.

Although Quinn said it is too early to suggest potential locations for a new station, people involved in rail issues said there are three locations that could be considered.

Rail advocate Tony Donovan, of the Maine Rail Transit Coalition, said NNEPRA is considering the Portland International Marine Terminal and a parcel of land on Commercial Street, just west of the Casco Bay Bridge, as potential locations for a new station. City Councilor Kevin Donoghue, who chairs the city's Transportation Committee, confirmed Donovan's information.

However, Paul Pottle, Maine Department of Transportation project manager, said building a train station at the marine terminal would conflict with cargo operations.

Pottle said the DOT recently received a $5 million grant to reconfigure the cargo terminal, which the state leases from the city. The project will include the demolition of buildings formerly used by Nova Scotia passenger ferries and U.S. Customs.

The plan includes construction of a 5,000-square-foot pier and an approximately 4,000-square-foot building near Commercial Street.

The rail authority may also consider city-owned property near Center Street on on Commercial Street.

That location, a parking lot used by the Fish Pier Authority, was identified as a potential location for a new train station by the Portland-North Transportation Study.

Councilor David Marshall said the train station discussion is one of several rail-related topics that he wants the Transportation Committee to discuss in the coming year.

Since rail initiatives are typically statewide efforts funded by grants, Marshall said it's important that the committee be involved in grants and planning efforts. Instead, he said it is often left out of the loop.

Marshall noted a dispute that broke out last year between trail and rail advocates, when trail advocates were pursuing a federal grant to convert the train trestle known as the swing bridge, connecting the eastern waterfront to North Deering behind the B&M Bakes Bean factory.

"We need to be planning and setting forth policy around the plan before we get too far down the road," he said.

Randy Billing scan be reached at 781-3661 ext. 100 or rbillings@theforecaster.net

2010-11-01T18:33:00.000-07:00

Vote YES on Question 1 on November 2nd for the Elected Mayor and increase our representation in City Hall. It is time to change our extremely bureaucratic system of government and make our Mayor directly chosen by the people. The new Charter, when passed by voters, will give Portlanders our only full-time representative in City Hall, more influence at all levels of government, and votes to choose our Mayor.

The old Portland City Charter says that the Mayor is the head of the City and is a City Councilor selected yearly by the Council and is only the Chair of the Council. The current Mayor position only has the power to run meetings and holds a part-time position with an annual stipend around $10,000 plus benefits. Our system of government is the most bureaucratic, the complete opposite from the strong Mayor forms of government seen in Boston and Westbrook.

The new Charter proposal says the Mayor is the head of the City and will be elected by the people with and a mandate for a four year-term, limited at two terms. The Mayor will be our first and only full-time representative in City Hall, will have veto power over the budget, and will play a central role in hiring the City Manager, Clerk, and Attorney.

Opponents say that the new Charter proposal has no more power and is too expensive. The naysayer’s propaganda says that the Mayor proposal will cost voters $87,000 more annually and $400,000 for a four-year term and the position is still ceremonial and adds another layer of bureaucracy. They say the Ranked Choice Voting system is too expensive to implement.

The naysayers are wrong for trying to scare us into believing that we cannot afford having a single full-time representative to be a witness for the people in City Hall. The extra expense is actually around $48,000 after subtracting the Mayor’s stipend and benefits under the old Charter. That is less than $200,000 for a four-year term, not over $400,000 as the naysayers suggest. Including the cost of the new voting machines to implement Rank Choice Voting, the added annual expense is less than 1% of the City Budget and will be worth every penny to have a full-time Mayor. The Mayor will be able to use veto power, or the threat of it, to save money in the budget. Additionally, the Mayor will have a popular mandate and four-year terms to lobby representatives in Augusta and Washington DC and get us the funding for our infrastructure and schools that we deserve.

Vote YES on 1 for the Elected Mayor on Tuesday November 2nd to increase our representation in City Hall. Vote YES on 1 for a full-time representative in City Hall. Vote YES on 1 to increase our influence at all levels of government. Vote YES on 1 to have our Mayor directly chosen by the people!

2010-11-01T17:37:00.001-07:00

Portland Magazine
March 2009

GENTLEMEN'S AGREEMENT

There’s a big, dirty secret why Portland doesn’t have an elected mayor,
and it goes back to the Ku Klux Klan. Will a new charter commission finally put this behind us?

by Donna Stuart

Out in left field: August 28, 1926: The Klan gathers in Portland at what is now Hadlock Field. The Portland Expo building is to the right rear.

A national concern about traitors, spies, and subversive agitators led to immigrants being closely watched. This sentiment carried into Klan activities. The Klan sought to influence politics and promote its ideas of ‘nativism’ and ‘Americanism,’ explosively protesting against non-Anglo immigrants, particularly Franco-Americans, Italians, and Irish Catholics.

In 1923, over 7,000 Klansmen rallied to change city government structure from having an elected mayor to hiring a city manager. The Klan had a huge headquarters on Forest Avenue. Klan influence reached an all-time high here in 1924, when Maine had 50,000 members–6.2 percent of the state’s total population.

"Klan Wins Victory At Portland Polls,” trumpeted The New York Times on September 11, 1923. “Vote Breaks All Records, Disorder Marks Election.”

The headlines marked the dark day when Portlanders surrendered the right to have their own elected mayor.

Led by F. Eugene Farnsworth, “King Kleagle of The Imperial Satrapy of Maine,” the Ku Klux Klan, headquartered in Portland at an expansive klavern on eight acres at the corner of Forest Avenue and Coyle Street, had succeeded in lobbying for this change. Formerly the Ricker Estate, the enclave included a mansion, a huge auditorium, and a 60-foot electric cross whose incandescent light was designed to be seen from miles away. More than 7,000 klansmen rallied to promote the move from an elected mayor form of government–which had invigorated Portland since 1823–to the present city manager charter plan.

Fast forward to 2009. This spring, Portland voters will select nine new members of the charter commission to join three city-council appointees to review the city charter. One of the most anticipated and most watched debates will be over whether Portlanders will be able to choose a mayor by popular vote.

“People are really excited about this,” says Portland city councilor Dave Marshall of the November 2008 vote that created the charter commission. “We have a chance to shape our government [in a way] that suits us for the 21st century.

“Just as we elect our state governor and our nation’s president as chief executives of those branches of government, the largest city in Maine should be able to elect its mayor. Currently, all the executive power is in the hands of the city manager, who is hired by the city council. He’s good as a manager, but because he isn’t elected, he doesn’t have a citywide mandate so he can’t take a leadership position.” Marshall feels the result across the years has been a leadership vacuum at the very top. “The council has nine members. If you have a diverse group on the council–which is very healthy–you’re not able to speak with one voice clearly.”

Under the current system, the mayor is elected for a one-year term from and by the council, and is essentially the council chair. According to councilor-at-large John Anton, “If not changing things is what’s needed, our system serves that well. If what’s needed is strong leadership and policy-setting, our current system seems to be failing us there.”

The origins of the present form of city government lie in a dark chapter in the state’s history–when crosses burned all over the state, and white-robed members of the Ku Klux Klan marched down Main Streets all over the state. It was the early 1920s, and Maine had the largest, most active KKK outside the south.

When the Klan first darkened Maine’s doorstep–in about 1921–the state was in a post-World War I economic slump. To get a foothold here, the “Invisible Empire” fanned the flames of economy uncertainty and fears that Catholics–especially French-Canadians and other immigrants–as well as Jews and blacks were taking jobs away from native-born Protestants. By 1923, the Klan had an estimated 20,000 members, many of whom were doctors, ministers, politicians, and other prominent members of the community. The KKK’s agenda spilled out from pulpits, newspapers, well-publicized meetings, and in The Maine Klansman Weekly, published in Portland.

While Maine saw no lynchings, the Klan threatened a Cumberland County sheriff, a Jewish doctor, and African-American women in Portland. When Republican Gov. Percival P. Baxter blasted the KKK as “an insult and an affront to all Maine and American citizens,” ‘KKK’ was stamped in the snow on the Blaine House lawn.

“Certain parts of the city–generally the eastern wards–were largely Democratic. That was primarily where the immigrant populations lived,” explains Earle Shettleworth, Jr., director of Maine Historic Preservation Commission. The fewer positions these wards elected, the more power would lie with the Republicans. “Diffusing the power of the Democrats was a way of getting at the immigrant political base.”

Still, Shettleworth cautions, “There were some very ‘high-minded’ and prominent people involved in the charter change who weren’t doing it for the same motives as the Klan. In Portland politics in the early 1900s, things had gotten partisan to the extreme. I think there was a desire to remove a lot of the graft that was part of the partisan system.”

In the end, the voters had their say. The Klan-backed change was adopted by a vote of 9,928 to 6,859. The new government without an elected mayor went into effect January 1, 1924.

The Klan was also credited with the election of Ralph Owen Brewster as Maine’s governor. While Brewster stated emphatically that he wasn’t a member of the KKK, Shettleworth maintains, “I think it can be said that he actively sought their support.” Although his association with the KKK cost him support with liberal Republicans, Brewster went on serve in the U.S. House and Senate, and became a close confidant of Sen. Joseph McCarthy. As chairman of a special Senate committee investigating defense procurement during World War II, Brewster came out in opposition to Howard Hughes. In the Martin Scorsese film, The Aviator, Brewster (played by Alan Alda) is portrayed–by many accounts accurately–as corrupt and in the pocket of Pan Am, the rival of Hughes’s TWA.

Councilor Anton says that, while the history of the KKK in Portland is troubling, “Sometimes it distracts people in terms of the current dialogue.” He hails the creation of the charter commission as a positive move. “It’s good practice to look at the structure and how you do business. We may as a community decide to make extensive changes, or we may make changes on the margins, or we may make no changes, but the dialogue is healthy. The act of having the discussion challenges everyone to think about how we do things, which I believe is always to the good.”

What does the current [non-elected] mayor, Jill Duson, a woman of color, think of all this? “It’s weird, because I’m sure, if not for this system, I wouldn’t have been mayor [the first time] as soon as I was. But with the turn-taking every year, it was set up that the longest-serving councilor who hasn’t been mayor assumes the position.” While Duson leaves it up to the voters to decide if they want an elected mayor, she admits, “ If there ever were an elected mayor, where it was a strong [full-time] position, I’d probably consider running for it, because I love what I do and I love serving Portland.”

2010-10-27T08:11:00.001-07:00

SMART PLANET

http://www.smartplanet.com/people/blog/pure-genius/how-green-is-the-other-portland/4800/

How green is the ‘other’ Portland?

By Melanie D.G. Kaplan | Oct 27, 2010 |

When I talk to people about sustainable cities, Portland, Ore., is often mentioned as the gold standard. But what’s going on in the other Portland–as in Portland, Maine?

Yesterday I caught up by phone with Dave Marshall, a Portland city councilor and chair of the Energy and Environmental Sustainability Committee. Marshall, who is also a fine artist, is going on year 12 in Portland without a car and says Portland, Ore., is certainly a model for sustainability, but in his mind, “there’s only one Portland.”

I have to ask: When you’re talking about sustainability and cities, do people confuse you with the other Portland?

Almost all my conversations happen with people locally, so it’s not really an issue. And as far as I’m concerned, there’s only one Portland.

Have you been to the Portland in Oregon?

I was there in February, and they’re doing a lot of great things. They’re certainly a model. Their bike network is unparalleled in the country. It’s an amazing infrastructure. You can see their commitment to getting people to where they need to go without the automobile. They’re doing really well. They’ve also incorporated sustainability into every aspect of people’s lives, down to chickens and beehives in people’s backyards.

What’s the population of your Portland?

The region is 500,000, and the city of Portland is about 65,000.

What would you say the city already has going for it, in terms of sustainability?

Just last week the city council approved an $11 million investment package to make our 50-some odd municipal buildings energy efficient. Then when that is complete, the municipality will reduce greenhouse gas by about 30 percent with an annual savings of $880,000 before the financing is paid off, and $1.5 million a year after it’s repaid.

I understand you have a lot of support for “buy local.”

There’s a very strong buy local movement [Portland Buy Local]. The organization is very well led. There’s over 100 different businesses, including Constellation Gallery, which is the business I run. It’s an artists collective, and we share the responsibly and run the gallery together.

What kind of artist are you?

I’m a fine art painter. I paint lot of landscapes and use bold colors.

What food is grown locally there?

When people think of Maine, they think of blueberries and lobster, which are our signature foods, but there’s really a wide variety of foods that are grown in the region here. You get everything from kale and melon to eggs and dairy. We just have a short growing season. We have farmers markets that are now open year round.

Can shoppers use food stamps at the farmers market?

Yep.

Speaking of lobster, how’s your water quality?

We happen to have some of the cleanest drinking water in the country. One of the things the city is doing is CSO [combined sewer overflow] separation. We have a sewer system that was installed just after the Civil War and needs massive updates. The old system puts the sewage and storm water in the same pipes, and when it overflows it eventually ends up in the bay. So we’re creating two separate systems. The process is going to have dramatic results in cleaning up the water in Casco Bay.

As an elected official, what do you hear from constituents about what they want in terms of a sustainable city?

People can be really active. We’ve seen the strongest movements around transportation. The Portland region–Cumberland County—has one of the highest rates of single-occupancy vehicle use. So there’s a movement to get the region to grow its public transit network.

In 2008 there was part of a study the Department of Transportation did to widen 295 through the peninsula, which borders on downtown. There was a lot of protest against that. Eventually that activism led to a conversation that turned into the expansion of the [Downeaster] Amtrak service from Portland to Brunswick. We got some stimulus funds to upgrade the rail. The activism we saw from the public was critical in that movement.

We have one of the best-rated Amtrak systems in country. It’s one of the only Amtrak services where you can get WiFi and lobster rolls. The numbers this has grown by have exceeded expectations.

Did 295 ever expand?

No, 295 still hasn’t been widened. Since then, the conversations have been on which alternatives we’re doing to expand on—express bus service or commuter rail.

What else is happening in Portland?

We’re going to be looking to expand our green building codes. Right now we require that any new city building or renovation comply with our green building code. They also have to meet the Architecture 2030 challenge. The goal is to be building everything more efficiently by the time we reach 2030, so every five years the energy performance will have to increase by 10 percent.

Do you have a bike share program, or bike lanes?

We’ve been expanding our network with bike lanes. We have a new trail that was a rail line. Portland Trails was one of the lead groups. The Bayside trail goes through what was once an industrial neighborhood, where we’re developing a mixed use district. We already have a pretty important trail network that people use here. One is the Baxter Boulevard trail, which is the most used trail in the state.

We haven’t really gotten all that much into bike share. We have some private companies that rent out bicycles. We have a car share program through U Car Share.

Do people bike year-round, in the snow?

Yep, I’m one of them. I’ve been car-free for most of the time I’ve been in Portland the last 12 years. I haul everything around in a trailer behind my bike.

What are your personal green goals?

I’ve been fixing up an 1840s house for the last 10 years, and my goal is to make this house as energy efficient as possible. One of the goals I had was to get the house off heating fuel (it was an old cast iron steam system with an oil burner, and it was really inefficient) and get it on high efficiency natural gas heating system before George Bush got out of office. And I was able to meet that goal. So now it’s that constant process of trying rid my life of petroleum. And getting a good understating of my own carbon footprint.

The state of Maine is more dependent on home heating fuel than any other state. More than 85 percent of homes are heated with oil. So part of our struggle is to get ourselves off fuel, and that’s part of the $11 million bond: All the buildings will be converted to natural gas, so that’ll really help reduce the greenhouse gas load. Most municipal buildings are running on oil. Natural gas is not only cleaner but it’s cheaper. You can see the parallels between what I’m doing in my own life and what’s going on the city.

2010-10-27T08:05:00.000-07:00

PORTLAND DAILY SUN

http://www.portlanddailysun.me/cgi/story2.pl?storyid=20101006059261000984

Harvard praises city's arts TIF innovation

Supporting cultural development in Portland’s arts district using property tax revenues seemed like a good idea already, but it never hurts to gain some reassurance from the likes of Harvard University.

The Ivy League school's Ash Center for Democratic Governance and Innovation at the John F. Kennedy School of Government recently recognized Portland’s first-in-the-nation Creative Economy Tax Increment Financing (TIF) district as part of a program designed to share creative initiatives from around the country with other government agencies.

Established in 2008, the TIF district sets aside a portion of property tax revenues from the downtown zone between Longfellow Square and City Hall to be dedicated to arts and culture in Portland, allowing the city to finance the arts with the future tax revenues that the enhanced Arts District will generate. Developers must come up with $18 for every TIF dollar.

“With millions of dollars in renovations, the creation of Live/Work Portland, and the continued growth of entertainment venues, restaurants, and galleries within the Arts District, it’s pretty clear that the policies we created to support the city’s creative economy are bright ideas,” stated City Councilor David Marshall, an artist and Creative Portland Board Member who originated the concept of the Creative Economy TIF district.

The initiative was created by the City Council last year along with Creative Portland, a "creative economy" non-profit group charged with promoting and investing in Portland's creative industries.

In its first year, the TIF district program has helped restore multiple historic properties within the Arts District including the Baxter Library as well as the renovations at 645 Congress Street.

Marshall had to appeal to the Maine legislature to enact a change in state law that allows a TIF district to be established for the purpose of arts and cultural advancement — a first of a kind program according to Marshall.

“I think we're the first city to enact a TIF zone for the purposes of investing in arts and culture, and we are the only state that allows it at this point,” he said. “Now any municipality in Maine can now take advantage of this mechanism to fund arts and culture."

Creative Portland said Portland has long been identified as a community that is attractive to creative enterprises such as architectural firms, marketing firms, specialty products designers and manufactures, engineers and graphic designers, with nearly $30 million generated annually by arts and cultural organizations in the city.
The TIF District has also provided funding to support Creative Portland and its merger with the Portland Arts and Cultural Alliance.

Marshall said he came up with the idea for extending the use of TIF to the creative economy during his campaign for city council in 2006.

“After researching the use of TIF in the city's recent history, I found that most TIF revenues were invested in development deals or to construct parking garages. I started to see TIF as a good means of investing in arts and culture since the purpose of TIF is to invest in projects for the public good,” he said. Eventually, he said, it gained bipartisan support.

“Democrats saw it as investing in arts and culture, Republicans saw it as economic development,” he said.

The program was passed by the Portland City Council in Nov 2008, who established the creative economy TIF district for 10 years. “Each year the council has to vote on all TIFs, and each year has the option to fund the TIF,” said Marshall.

“The city's commitment to the arts district and creative economy in the city has really led to some substantial investment in the Arts District,” he said.

2010-10-27T08:02:00.000-07:00

PRESS HERALD

http://www.pressherald.com/news/portland-to-borrow-for-energy-projects_2010-10-19.html

October 19
Portland to borrow for energy projects
The City Council agrees to seek up to $11 million for 45 buildings, saying now is a good time.

By Dennis Hoey dhoey@mainetoday.com
Staff Writer

PORTLAND — The City Council agreed Monday night to borrow as much as $11 million for energy improvement projects in 30 municipal and 15 school buildings throughout Portland.

The Barron Center will receive the largest share of money, $2.4 million, including $1.4 million for new boilers.

Other allotments for energy improvements include $450,000 for the Portland Exposition Building; $392,000 for City Hall and Merrill Auditorium; $423,000 for the public safety building; $1.2 million for the Lyseth Elementary School and $694,000 for Deering High School.

Although most of the projects are expected to pay for themselves over time through energy savings, councilors defended their decision after several residents questioned why the council didn't put the borrowing issue out to public referendum.

"We are spending money to save money," Councilor John M. Anton told critics. "And we are borrowing at historically low interest rates. This is good fiscal management on the city's part."

The projects come in response to an energy audit done earlier this year by Ameresco, a Massachusetts-based consulting firm.

Ameresco has said that the projects will save about $700,000 a year in utility costs, and by the end of the 20-year bond period will pay back the cost of the work and interest on the bond.

Councilor David Marshall said the energy conservation measures will enable the city to reduce its carbon footprint by more than 30 percent -- the equivalent of taking 900 cars off the road.

"I can't see how this could be seen as a negative," he said.

Steven Scharf, president of the Portland Taxpayers Association, Robert Haines and Charles Bragden each urged the council to put the borrowing measure out to voters.

Portland's bond counsel, James Saffian, wrote in an e-mail to city attorney Gary Wood on Friday that the council did not need voters' approval to borrow $11 million because no single capital improvement would exceed the city charter limit of $4 million.

"We are issuing bonds for 20 years for some things we won't see a payback for 50 years," Haines said. "It's not a threat or even a challenge, but there may be a group in the city that will challenge this in court."

"The public has no sense of what you are planning to do with this money," Scharf said. "We're spending this money without having a public conversation. Folks have no choice. You are going to spend $11 million of their money."

Bragden said he could see the value in some of the energy projects, but he questioned the wisdom of authorizing such a large expenditure without getting public approval.

Staff Writer Dennis Hoey can be contacted at 791-6365 or at: dhoey@pressherald.com

2010-10-27T07:57:00.000-07:00

NEW YORK TIMES

http://www.nytimes.com/2010/09/19/us/19ship.html

An Old Aircraft Carrier Needs a Final Resting Place, but Not Everyone Wants It
By KATIE ZEZIMA
Published: September 18, 2010

PORTLAND, Me. — Apparently it is not so easy to find a permanent home for a resident that weighs tens of thousands of tons and is more than 1,000 feet long.
Enlarge This Image
The JFK CV-67 Memorial Foundation, Inc., Roland Camilleri

The aircraft carrier John F. Kennedy may end up in Portland, Me. Some residents are concerned that it might block the view.

The John F. Kennedy, an aircraft carrier christened by a 9-year-old Caroline Kennedy in 1967 and decommissioned three years ago, needs a place to retire. The Navy wants to donate it. If no viable host can be found, the carrier that aided United States military operations in Beirut and Operation Desert Storm will be turned into scrap.

The Navy accepted proposals from Portland and Rhode Island, but not everyone here wants the battle-tested carrier parked in the harbor.

“It’s not a good fit,” said David Marshall, a City Council member. “It would block a good portion of our view corridors, and it ends up being a potential liability for the city.”

But Richard Fitzgerald, who is leading a nonprofit group’s effort to bring the John F. Kennedy to Portland, said the carrier would set this harbor filled with barges, ferries and fishing boats apart from others in New England.

“It would be the best thing that ever happened to the state of Maine,” Mr. Fizgerald said.

Last year the City Council gave the group permission to apply for the ship. The last of three selection rounds begins in February.

Last week, after the Portland group presented plans at a workshop on the project, some said an aircraft carrier just would not blend in amid a backdrop of lobster boats and repurposed warehouses and could block views of harbor islands. Half of the counselors present at the workshop expressed concern about the project. The group would have to agree to the ship’s location.

A hearing and vote on the carrier has not been scheduled.

Mr. Fitzgerald, a sports referee and retired accountant, said he was not surprised by the opposition given the economic climate and was confident that he could persuade the council to support the project.

Mr. Fitzgerald sees the John F. Kennedy as a museum in the style of New York’s Intrepid or San Diego’s Midway, as well as a function space. The ship would be a fitting tribute to Maine’s rich maritime and military past and would attract ample tourist traffic, he said.

Many of the visitors, Mr. Fitzgerald said, will come from cruise ships that dock in a terminal directly next to where he hopes the carrier will be berthed. The 1,052-foot-long aircraft carrier is not much larger than the cruise ships that the city is courting or the barges that move cargo into the port, Mr. Fitzgerald said.

“The Kennedy has a very sleek silhouette compared to cruise ships that have several upper decks,” he said. “Some of them are longer than the carrier and side by side overwhelm the carrier.”

But Mr. Marshall does not want to see a ship that large become a permanent resident.

“The difference between the cruise ships and the J.F.K. is that the cruise ships are temporary guests,” Mr. Marshall said. “The J.F.K. would basically be an aircraft carrier sitting on our waterfront forever.”

Mr. Marshall also worries about how the museum will be financed. Mr. Fizgerald said the project would cost $71 million over 10 years, which would be raised through a combination of donations, grants and loans. No city money will be used, he said.

Based on models from other museums, he expects the Kennedy to pull in about $36 million in five years from visitors.

The ship, nicknamed Big John, was the last non-nuclear-powered aircraft carrier built by the Navy, and it received so many modifications during construction that it became its own class.

The Rhode Island Aviation Hall of Fame has been marshaling support from Representative Patrick J. Kennedy, President Kennedy’s nephew, and other public figures. They plan to turn the ship into a museum, job-training center and disaster-relief staging ground, and have identified $10 million in commitments after a previous attempt to get an aircraft carrier fell through.

“I think they’re grasping at straws,” Frank Lennon, president of the hall of fame, said of the Portland effort. “Here you have J.F.K. PT boat training in Melville, you have his marriage to Jackie at St. Mary’s in Newport, and Hammersmith Farm was the summer White House. You have all sorts of Kennedy connections here.”

But Mr. Fitzgerald, who fills with emotion when he speaks about the carrier, is determined.

“It will happen in Portland,” he said.

2010-10-27T07:55:00.000-07:00

NEW YORK TIMES

http://www.nytimes.com/2010/08/22/travel/22hours.html?_r=2&emc=eta1

36 Hours in Portland, Me.
Craig Dilger for The New York Times

PORTLAND, Me., is known for three L’s: lobster, lighthouses and L. L. Bean (O.K., make that four L’s). Here’s another: local. In recent years, this city on the coast of Maine has welcomed a wave of locavore restaurants, urban farms and galleries that feature local artists. Abandoned brick warehouses are being repurposed as eco-friendly boutiques. In the main square, a 19th-century building has been refashioned into a farmers’ market. And everywhere you look, this once-sleepy industrial town is showing signs of rejuvenation — usually by keeping things local.

Friday

4 p.m.
1) WEST SIDE STORY

To see bohemian Portland, stroll down Congress Street, where at least a dozen galleries, studios and cafes have opened in recent years. David Marshall, a beret-wearing painter who moonlights as a city councilman, is among the artists who exhibit at Constellation Gallery (511 Congress Street; 207-409-6617; constellationart.com), which opened last year. His artsy friends can be found at Local Sprouts (649 Congress Street; 207-899-3529; localsproutscooperative.com), an earthy, community-supported cafe as crunchy as it sounds. Down the street is the Portland Public Library (5 Monument Square; 207-871-1700; portlandlibrary.com), which recently revamped its gallery and added an atrium.

2010-08-24T15:01:00.000-07:00

KENNEBEC JOURNAL

http://www.kjonline.com/news/PETA-gives-pet-oxygen-masks-to-Maine-fire-dept-.html

PETA gives pet oxygen masks to Portland fire dept.

The Associated Press

PORTLAND — The animal rights group People for the Ethical Treatment of Animals is lending a hand to the largest fire department in Maine.
click image to enlarge

A pet oxygen mask is placed on a dog during a demonstration by a member of the Portland Fire Department recently.

AP

2010-08-24T14:58:00.000-07:00

CHANNEL 13

http://www.myfoxmaine.com/good-day-maine/Portland-City-Councilor-David-Marshall-100971429.html

Portland City Councilor David Marshall
By News 13

Story Created: Aug 18, 2010 at 8:25 AM EDT

Story Updated: Aug 18, 2010 at 8:28 AM EDT
Portland City Councilor David Marshall visits "Good Day Maine" this morning to talk about the Portland Fire Department's effort to raise $3,000 to equip every fire truck in the city with specially made pet oxygen masks.

WATCH THE VIDEO

2010-08-17T06:20:00.000-07:00

NECN NEWS

http://www.necn.com/08/16/10/From-muzzles-to-masks-Fire-crew-seeks-pe/landing.html?blockID=291361&feedID=4215

From muzzles to masks: Fire crew seeks pet safety

(NECN: Amy Sinclair, Maine) - Helping pets breathe a little easier -- that's the goal of a new fundraising effort in Portland, Maine. The fire department is trying to raise money to equip trucks with pet oxygen masks.

It is a softer side of rescue work that the public doesn't usually get to see -- firefighters and paramedics at a fire scene, working to revive the family dog that's been overcome by smoke and heat.

The problem is that those oxygen masks are made for people and do not work well on animals.

With pet ownership on the rise in Maine's largest city, Portland officials hope to equip all eight fire stations with $40 pet oxygen masks that will fit large, medium and small animals.

$40 may not seem like a lot of money, but in an era of shrinking budgets, it is not an expense that most city fire departments can justify. That's where the Planet Dog Foundation comes in.

In partnership with pet owners, Planet Dog hopes to quickly raise $3,000 that will make these masks standard equipment on all rescue calls in Portland.

WATCH THE VIDEO

2010-08-17T06:14:00.000-07:00

NEWS CHANNEL 13

http://www.myfoxmaine.com/news/Portland-Fire-Department-Raising-Money-for-Pet-Oxygen-Masks-100871249.html

Portland Fire Department Raising Money for Pet Oxygen Masks
By News 13

Story Created: Aug 17, 2010 at 7:00 AM EDT

Story Updated: Aug 17, 2010 at 7:00 AM EDT
The Portland Fire Department, with help from the Portland Downtown District and the Planet Dog Foundation, is trying to raise $3,000 to equip every fire truck in the city with specially made pet oxygen masks.

The masks cost about $40 each and are designed to fit cats and dogs and come in various sizes. The goal is to have every size on every truck.

Fire Chief Fred LaMontagne says the first goal of every firefighter is human safety. But he also says some of the first words out of almost every homeowner's mouth is a plea to save a beloved family pet.

WATCH THE VIDEO

2010-06-24T04:37:00.000-07:00

Press Herald

http://www.pressherald.com/news/skaters-quarter-pipe-dream-coming-true_2010-06-24.html

Skaters' quarter-pipe dream coming true

A city committee gives final approval for the design of a skate park at Dougherty Field in Portland.

By Tom Bell tbell@mainetoday.com
Staff Writer

PORTLAND — Work crews will begin construction late this summer on a $250,000 skate park at Dougherty Field, which will give bikers and skaters something they haven't had since a half-pipe was removed from a city lot on Marginal Way five years ago -- a place of their own.

click image to enlarge
This rendering shows a skate park planned for Dougherty Field in Portland. The design is suitable for all skill levels of skateboarders and bikers, the builder says.
Courtesy Hardcore Shotcore Skateparks Inc.

Jeff Woodbury/Staff Graphic Artist
Select images available for purchase in the
Maine Today Photo Store
A city committee gave final approval Monday for the design of the skate park, which will be built by Hardcore Shotcrete Skateparks Inc.

The park will have a "crop circles" design, chosen in an online poll of skateboarders. The layout will resemble the formations that occasionally pop up in wheat fields.

Construction was scheduled to begin this spring but was delayed to give the Skatepark Planning Committee time to work on design issues with Hardcore Shotcrete, which won in competitive bidding to design and build the park.

The company offered suggestions for improving the design, and the committee worked to include the changes while keeping the original crop circle concept.

The additional time was well-spent, said City Councilor David Marshall, who chairs the committee. "Ultimately, the park will be a better product," he said.

Rocco Didonato, 17, a recent Portland High School graduate who served on the committee, said the new design provides a better "flow," a term that skaters and bikers use to describe the transition between features.

"This is the best design I've seen," said DiDonato, who rides a BMX bike. "It has the most flow. It will be the best for both skaters and bikers."

The main skate park plaza incorporates street elements, such as stairs, ledges and rails, along with more fluid terrain, such as embankments, rollers and quarter-pipes, said Mark Leone, vice president of design for Hardcore Shotcrete Skateparks.

The design is suitable for all skill levels, he said.

Although the new park will not have a half-pipe, that's not big issue because people will be able to use the half-pipe in the skate park in Westbrook, Didonato said.

Portland's new park is expected to take six weeks to build. No date has been set for the start of construction, but work is expected to begin before the end of summer.

The city contributed $150,000 to the project, plus the land, which is valued at $75,000. The remaining $100,000 was raised from private contributions including:

• $50,000 from the Ollie Fund of the Maine Community Foundation

• $25,000 from the Quimby Family Foundation

• $10,000 from the In-Body Calm Foundation

• $5,775 from MENSK

• $1,200 from students of South Portland High School

• $400 from a fundraiser at Flatbread Co.

• $220 from Hall School fifth-graders.

A pathway to the entrance of the park and surrounding the perimeter will be made of bricks purchased through the "Buy A Brick" program. Residents, businesses and supporters of the skate park have purchased bricks for $50 each.

For more information on how to buy a brick, go to: www.portlandmaine.gov/skatepark.htm.

Staff Writer Tom Bell can be contacted at 791-6369 or at:

tbell@pressherald.com

2010-06-24T04:36:00.000-07:00

Portland Daily Sun

http://www.portlanddailysun.me/cgi/story2.pl?storyid=20100622055231000447

Greens gain cred in dispensary effort

You have to hand it to Portland City Attorney Gary Wood. It's not part of his job description to build consensus among the often raucous councilors or convince residents to participate in municipal policy decisions, yet he managed to accomplish those goals with his recent suggestion for a six-month moratorium on marijuana dispensaries.

Granted, it was in opposition to his proposal ... but still.

To be fair at the risk of abandoning consistency, even city councilors who were most in opposition to Wood's proposal offered near-praise, or at least olive branches, for the poor guy. Other communities have more or less agreed with his assessment and approved similar measures, and he was pretty much honor-bound to bring it up.

He was, well, doing his job.

As the dust settled and the city's marijuana activists exhaled a sigh of relief, The Green Party was noting its role in defeating the moratorium. In a press release, they noted that "The Green Party is claiming victory today over a moratorium that would have prohibited the siting of any medical marijuana dispensaries in Portland for six months and possibly longer. Thankfully, the council ended up defeating the moratorium unanimously and then adopting a proposal by Green City Councilor David Marshall to open up Portland’s downtown district to future dispensaries."

Hey, the Green Party pushing a pro-marijuana agenda is naturally greeted with the shock! shock! usually reserved for discovering gambling in Casablanca nightclubs. But this effort comes in the context of a general push to energize the party through the Summer of Politics.

And why not? Politically relevance can be hard to come by locally, what with multiple rallies every week, ranging from veteran anti-war activists dating back to Vietnam to the latest public affairs effort with "rally" on their deliverables checklist. The Green Party has a built-in credibility; the satellite TV trucks and headlines proved it.

When a group doth perhaps protest too much for an issue supported by 75 percent of voters (in Portland) and clearly headed to victory, something else is up. There's always the chance that they're following that old political strategy that says "find a parade, get in front, pretend to lead." But remember that The Greens helped form this particular parade, working hard to get Question 5, the marijuana dispensary law, passed. Say what you want, but they are not new to this issue.

The new Green Party Chairman, John Elder, offered some perspective “It’s a victory for common sense but it’s a pale victory. We never should have had to fight it. Almost 75% of Portlanders voted in favor of the dispensaries and six months later sick and dying people are still waiting to buy their medicine legally as the law provides."

What's most likely here is that the Green Party, having only recently installed Elder, has done some math. They are strongly associated with an issue that 75 percent of voters in the city, and a healthy majority statewide, agree with. Yet "traditional politicans" are going to shy away, fearing they might ruffle feathers in that elusive "center."

This is political branding at its best.

So you can add "helped energized a political party!" to the city attorney's accomplishments. Although, again, not his likely goal.

(Curtis Robinson is editor of The Portland Daily Sun. Contact him at curtis@portlanddailysun.me.)

2010-06-22T20:28:00.000-07:00

Press Herald

http://www.pressherald.com/news/temporary-ban-on-medical-marijuana-dispensary-rejected_2010-06-22.html

Portland rejects temporary ban on medical marijuana dispensary

City councilors reject a moratorium after critics say a delay would be inhumane.

By John Richardson jrichardson@mainetoday.com
Staff Writer

PORTLAND – The City Council voted Monday to open the city's downtown to a medical marijuana dispensary without delay.

Demonstrators opposing a proposed moratorium on medical marijuana dispensaries in Portland march down Congress Street to Portland City Hall on Monday. Critics urged councilors not to stand in the way of helping patients who need access to the drug.

Portland City Councilor David Marshall speaks at a rally Monday to oppose an effort to place a six-month moratorium on medical marijuana dispensaries in Portland. "Patients want this now," Marshall said in urging other councilors to reject the temporary ban. The council voted 9-0 against the moratorium.

"Patients want this now," said Councilor David Marshall, who urged other members to reject a six-month moratorium on medical marijuana dispensaries in the city.

The city's attorney had recommended the temporary ban to give officials time to write new zoning and operating rules. His proposal also would have temporarily banned some small-scale cultivation and use of medical marijuana that has been legal in Maine for 11 years.

The council voted 9-0 to reject the moratorium after a public hearing in which advocates and patients said it would keep needed medication away from suffering, seriously ill people. No one spoke in favor of a moratorium.

"It was a good, strong showing of support from the council," said Ben Chipman, who led the referendum campaign last fall to legalize nonprofit dispensaries for patients who have cancer, HIV and a list of other illnesses. Since 1999, patients and caregivers have had to grow their own marijuana. "We've been waiting 10 years to really have access for patients," Chipman said.

Critics of the moratorium, who staged a small rally in Congress Square before the meeting, urged councilors not to stand in the way of helping patients who need access to the drug.

Chris Kenoyer of Portland told councilors that he has a spinal cord disease that doctors can't cure, and marijuana is the way he manages the pain. "There is nothing they can do for me except make me a pill junkie. No thank you," he said. "We want the dispensary here in Portland."

Bob Hobbs of Raymond said he wants to be able to buy marijuana to control his daily pain.

"Let me tell you that it is hell, and to delay this relief for those of us who are patients seems to me an inhumane response," Hobbs said. "I hope that I will finally have a period of time where I am free of pain."

Several people pointed out that 75 percent of Portland voters supported the legalization of dispensaries at the polls in November.

John Eder, a former state legislator from Portland, said a moratorium "is completely out of step with the mood in Portland."

City councilors voted against the moratorium with little discussion. "This has always been something that I thought should move forward and I'm just happy to see it," said Councilor Dory Waxman.

After rejecting the moratorium, councilors voted in favor of allowing marijuana dispensaries in three downtown business districts, chosen for their access to public transportation and other medical and social services. The council's recommendation will now go to the Planning Board before coming back for final approval as soon as next month.

Maine's Department of Health and Human Services plans to award operating licenses to Maine's first medical marijuana dispensaries by July 9.

The dispensaries will be spread around the state in eight regions, with one each in Cumberland and York counties. Portland is widely expected to be the home of the state's busiest dispensary.

Dozens of Maine cities and towns adopted temporary moratoriums months ago while setting up zoning and operating guidelines, including Westbrook, South Portland and Biddeford.

Portland's city attorney, Gary Wood, said he proposed the moratorium in Portland to give the city time to consider its own rules. Some councilors thanked Wood for raising the issue of dispensaries, but said they didn't agree that the city needed to add any delays to medical-marijuana access.

Staff Writer John Richardson can be contacted at 791-6324 or at: jrichardson@pressherald.com

2010-06-22T20:25:00.000-07:00

Portland Daily Sun

http://www.portlanddailysun.me/cgi/story2.pl?storyid=2010062107522371

City nixes pot dispensary moratorium

By Curtis Robinson
Editor
curtis@portlanddailysun.me
The city's marijuana dispensary debate echoed through City Hall last night, achieving a unanimous vote of confidence as councilors voted 9-0 against a six-month moratorium being advocated by the city's attorney.

Next stop: The planning commission.

Green Independent Councilor Dave Marshall led opposition to the moratorium, which had been suggested by the city attorney who cited vague state laws as a potential problem.

Instead, Marshall introduced a plan to clarify city zoning to expressly include the dispensaries.

"We've been waiting seven months for action," Marshall argued against the moratorium. "My hope is that the planning board will get a recommendation out to allow zoning changes by July 17," he said.

Since the 1990s, Mainers suffering from certain conditions have been able to purchase medical marijuana from "caregivers," who are licensed by the state to cultivate the herb for medical use. The law legalized the drug for medical use, but did not allow for any type of distribution system.

Last year, voters returned to the polls and directed the state to form a dispensary system. Maine, already one of 13 states legalizing medical marijuana, became only the third to mandate a dispensary system. About 75 percent of Portland voters supported "Question 5" that created dispensaries.

"We didn't imagine it would take 10 years ... when we passed a law without access," said Charles Wynott from Westbrook, who is a marijuana-growing caregiver as well as a patient.

Under last November's voter directive, Maine's Department of Health and Human Services is scheduled to select the operators of the state's first eight dispensaries by July 9.

The not-for-profit suppliers could open shop within weeks of licensing, depending on how quickly they could grow and process the drug and set up the security and tracking systems required by the state. But some communities, including South Portland, have imposed moratoriums, arguing they need time to create appropriate regulations for the facilities.

The eight dispensaries will be in different regions throughout the state. Cumberland and York counties will be limited to a dispensary each in the program's first year.

While some law enforcement officials and groups have opposed medical marijuana, Cumberland County Sheriff Mark Dion has emerged as a supporter of dispensing medical marijuana, saying a dispensary system would make his own job easier.

"It's done in the light of day, so a dispensary gives us the opportunity to publicly regulate this," said Dion. "Anything that brings it into the mainstream medical practice will make it easier to regulate," he said.

Dion said there is little evidence that dispensary systems foster criminal behavior, citing California's dispensary system, enacted in 2003 after the passing of Senate Bill 420. "The data from California suggests that the risk of crime outside a dispensary is no greater than what we'd experience at a bank. So I think we should just move forward and exercise the common sense that the voters have demonstrated in repeated votes on this measure," said Dion.

2010-06-22T20:24:00.000-07:00

WGME News 13

http://www.wgme.com/newsroom/top_stories/videos/wgme_vid_4030.shtml

WATCH THE VIDEO

UPDATE: Council rejects moratorium on medical marijuana

UPDATE: The city council voted unanimously to reject a six month moratorium on a medical marijuana dispensary in Portland.
That came after more than a dozen people, including medical marijuana users, spoke up asking to allow a dispensary sooner rather than later.
The patients claim that marijuana is the only thing that eases their pain.
The council also sent a proposal to the planning board suggesting where the dispensary should be located.
It blocked out three different sections of the city that could be rezoned for the dispensary, including downtown, Bayside and certain major streets and avenues, including Washington, Brighton and Forest.
The city's attorney had suggested the city needed a moratorium saying it needed to look at zoning regulations before it approved a location.

This afternoon:
A protest is planned against a proposal that would delay a medical marijuana dispensary to be set up in Portland.
Monday night at 7:00, the city council will take up the six month moratorium on any dispensaries within city limits. An hour before that, a group of medical marijuana supporters plan to march from Congress Square to city hall, to protest against the proposal. People against the plan say the voters have spoken, and it's time to get moving. City councilor Dave Marshal will be marching with them, and has sponsored an order that would overrule the moratorium.
Posted: Monday, June 21 2010, 08:53 AM EDT

2010-06-22T20:19:00.000-07:00

WMTW Channel 8 News

http://www.wmtw.com/news/23983767/detail.html

Portland Rejects Dispensary Moratorium

Nonprofits Can Now Apply For Permit

POSTED: 10:01 pm EDT June 21, 2010
UPDATED: 11:42 pm EDT June 21, 2010

WATCH THE VIDEO

PORTLAND, Maine --

The Portland City Council Monday unanimously rejected a proposed 6-month moratorium on medical marijuana dispensaries in the city.
The decision means that nonprofits can start applying for permits to open a dispensary.
Monday's vote was welcome news to a lot of people.
"This is absolutely what we needed to have," said Chris Kenoyer.
City Attorney Gary Wood proposed the moratorium on caregiving and growing facilities in the city earlier this month to allow Portland more time to review the new state law.
"The purpose and intent of this moratorium," said Wood, "is to take time out and let the planning process move through its recommendation to the council for final action."
Some members of the council spoke in favor of the proposal during Monday's public hearing, but nearly every resident who spoke opposed the plan.
"I think for us to implement a moratorium as implied by Gary Wood would be a significant step backwards and a slap in the face," said Charles Bragdon.
Dan Jenkins agreed with Bragdon. He said "Folks that are currently growing their medicine on their property would be forced to probably cut it down and throw it away. I don't think people should be throwing their medicine away on an ill-advised moratorium."
After voting on the moratorium, city councilors discussed where the dispensary should be allowed, and approved a zoning change to allow a dispensary in the downtown area.
Other areas being considered include parts of outer Congress Street and Forest Avenue
That issue now goes to the City Planning Board. Its recommendations are expected by mid-July.
Copyright 2010 by WMTW. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

2010-06-20T19:53:00.000-07:00

Press Herald

http://www.pressherald.com/news/Opponents-of-marijuana-moratorium-plan-rally-in-Portland.html

Opponents of marijuana moratorium plan rally in Portland
Dennis Hoey dhoey@pressherald.com

PORTLAND — Opponents of a proposed six-month moratorium on medical marijuana dispensaries in Portland are planning to hold a rally and march Monday night to protest the ban.

The Portland Green Party announced tonight it will host a rally for people who support medical marijuana patients’ rights starting at 6 p.m. in Congress Square - near the Eastland Park Hotel.

Green Party members believe it is wrong to prevent caregivers from providing medicine to patients with chronic illnesses such as cancer and AIDS.

City Councilor Dave Marshall, who opposes the moratorium, will offer an amendment at Monday's City Council meeting that allows dispensaries in downtown Portland. The ban has been proposed by City Attorney Gary Wood.

After the rally, protesters will march down Congress Street – most likely on the sidewalks – before entering City Hall. The council meeting is set to start at 7 p.m.

Cumberland County Sheriff Mark Dion, Ben Chipman of the Medical Marijuana Campaign, and John Eder of the Portland Green Party are expected to participate.

2010-06-18T10:20:00.000-07:00

Fox News 23

http://www.myfoxmaine.com/news/96641794.html

Group Protests Proposed Marijuana Dispensary Moratorium
By News 13

Story Created: Jun 18, 2010 at 7:07 AM EDT

Story Updated: Jun 18, 2010 at 7:07 AM EDT

On Thursday morning, a group of medical marijuana advocates called for the rejection of a recently proposed six-month moratorium on opening a marijuana dispensary within city limits.

WATCH THE VIDEO

The group, consisting of Portland city councilor Dave Marshall, Cumberland County Sheriff Mark Dion, representatives from the Maine Civil Liberties Union, and medical marijuana patients, called for a dispensary to be set up as soon as possible.

Proponents of the moratorium say they're not opposed to a dispensary; they just want to find the right place for one.

A public hearing on the issue will take place on June 21.

2010-06-18T10:18:00.000-07:00

Press Herald

http://www.pressherald.com/news/councilor-pans-moratorium-on-medical-pot_2010-06-18.html

Portland city councilor pans moratorium on medical pot
A planned six-month hold on medical marijuana dispensaries 'is wrong,' says David Marshall.

By John Richardson jrichardson@mainetoday.com
Staff Writer

PORTLAND — A Portland city councilor hopes to derail a proposed six-month moratorium on medical marijuana dispensaries in the city.
click image to enlarge

Portland City Councilor David Marshall

Staff photo
Select images available for purchase in the
Maine Today Photo Store

David Marshall said Thursday he will introduce a council order at Monday's meeting to allow state-licensed dispensaries in two downtown business zones. There is no need to delay access to the drug for those who need it, he said.

"Cutting off the supply of medication to patients with debilitating illnesses such as AIDS and cancer is wrong," Marshall said during a news conference on the steps of City Hall.

And, if Marshall doesn't prevail, the city could be facing a legal challenge.

Maine Civil Liberties Union Attorney Alysia Melnick said the moratorium would violate state law because it also restricts the kind of informal medical marijuana use that has been legal in Maine for a decade. "This is a time when Portland should be expanding access, not erecting barriers," she said.

The council is scheduled to hold a public hearing Monday on the proposed six-month ban, which is intended to allow time for officials to write local siting and operating rules for a medical marijuana supplier. The proposal is facing strong opposition because it could delay the opening of a dispensary in the state's largest city and busiest public transportation hub.

The Maine Department of Health and Human Services is expected to grant the state's first-ever licenses to eight regional, not-for-profit medical marijuana dispensaries on July 9.

The Cumberland County dispensary is widely expected to be in Portland because of its population size, existing medical and social services and access to public transportation. Westbrook and South Portland, two other potential host cities, put temporary moratoriums in place months ago and have already been working on zoning guidelines.

Gary Wood, Portland's attorney, said he waited for draft state rules to be posted last month before recommending that councilors take action and create local rules. Those proposed state rules, which are now being finalized, include standards for security, employee background checks and 500-foot setbacks from schools, among other things.

Marshall's zoning proposal would resolve perhaps the biggest local issue surrounding the dispensary -- where it might be located. He wants to add dispensaries to the list of permitted land uses in two peninsula business zones that include the downtown district and the Bayside neighborhood, where much of the city's social services are based.

Three other city councilors -- Dory Waxman, Jill Duson and Kevin Donahue -- have already signed on as cosponsors of the zoning order, he said. If Marshall's zoning proposal passes on Monday, it would go to the Planning Board for review before final enactment by the council, perhaps in mid July.

But support for Marshall's zoning order does not necessarily mean the council will reject a moratorium.

Wood, the city's attorney, said he also supports Marshall's zoning proposal but that the city may still need a moratorium to deal with other potential issues created by the new medical marijuana law.

Wood's draft moratorium, for example, also would apply to the growing and selling of marijuana by some individual caregivers.

Under an 11-year-old state law, patients have been allowed to grow their own marijuana or get it from a caregiver who is permitted to grow marijuana for no more than five people. The new state law allows caregivers to continue supplying marijuana to patients, including those who are too ill to leave home and go to a dispensary.

Wood said the city needs to consider additional rules for caregivers because nothing in state laws or rules would prevent them from banding together and essentially creating unlicensed dispensaries to compete with the licensed ones.

"I think there are some holes in the state law," he said. "I just felt like I had to put this on the table."

The moratorium would not apply to those caregivers who are growing marijuana only for members of their family or household, he said. "I didn't want to unnecessarily disrupt what was existing, because it hasn't created any problems for us," Wood said.

State officials also are discussing how to close the loophole in the law. "What we don't want to see are caregivers getting together and basically creating a non-licensed dispensary," said Kathy Bubar, deputy commissioner of the Department of Health and Human Services.

However, Bubar also said Portland does not have legal authority to pass such a broad moratorium. "The statute's clear that towns can regulate dispensaries. But there is nothing in the statute that says that towns can have any effect on caregivers and patients and their ability to grow marijuana," she said.

For Marshall and medical marijuana advocates, the idea that the state may interfere with established caregivers and patients is one more reason to defeat the moratorium.

Charles Whynott, who uses medical marijuana to treat the symptoms of AIDS, said the moratorium could mean he would no longer be allowed to grow marijuana for two elderly, disabled patients in Portland who need the medicine.

"Please do not do this to patients and make it illegal now," Whynott said.

Staff Writer John Richardson can be contacted at 791-6324 or at:

jrichardson@pressherald.com

2010-06-18T10:14:00.000-07:00

Portland Daily Sun

http://www.portlanddailysun.me/cgi/story2.pl?storyid=20100617055411000967

Councilor, sheriff back marijuana dispensaries

Joined by medical marijuana advocates including licensed growers, patients and the Cumberland County Sheriff, Portland City Councilor Dave Marshall yesterday introduced his proposal to allow registered marijuana dispensaries in the downtown business zones.

At a City Hall press conference, he said the time was right.

"We've been waiting seven months for action," said Marshall. "My hope is that the planning board will get a recommendation out to allow zoning changes by July 17," he said.

The order is "a proactive way to deal with the zoning issues regarding the only dispensary for Cumberland County," Marshall said in a Wednesday press release.

Marshall's proposed council order is scheduled for discussion at Monday night's city council meeting.

The order comes in response to the City Attorney's proposed six-month moratorium on dispensaries within Portland, and would change zoning laws to allow dispensaries in the downtown business area. Marshall and others at the press conference said the moratorium would not only be another postponement in enacting the law passed by voters in November legalizing such dispensaries, but would also prevent growers from dispensing the drug in Portland, even to those already holding prescriptions.

Under a law passed in 1996, Mainers suffering from certain conditions can purchase the drug from "caregivers," who are licensed by the state to cultivate the herb for medical use. The 1996 law legalized the drug for medical use, but did not allow for any type of distribution system.
Advocates say the state has been dragging its heels in setting up a distribution network, necessitating a networking of caregivers to provide the drug to patients."We didn't imagine it would take ten years in 1996 when we passed a law without access," said Charles Wynott from Westbrook, who is a marijuana-growing caregiver as well as a patient.

"I wish we could get it into a pharmacy. It's all about the patients, and they need secured access in a business type atmosphere," Wynott said.

"We should be expanding, not erecting barriers. Patients lives are at stake," said Alysia Melnick, an attorney with the Maine Civil Liberties Union, at the press conference.

Ben Chipman, the statewide coordinator for last year's Yes on 5 campaign that promoted access, and a former legislative aide, called the proposed moratorium, "one of the most restrictive in the state."

"It's going to disrupt the delivery of medicine that has been going on for eleven years," said Chipman, who hopes that the city council will recognize the potential harm of the moratorium on patients."The council seems progressive, I think they will err on the side of what's right," Chipman said.

Maine's Department of Health and Human Services is scheduled to select the operators of the state's first eight dispensaries by July 9. The not-for-profit suppliers could open shop within weeks of licensing, depending on how quickly they could grow and process the drug and set up the security and tracking systems required by the state, barring any locally imposed moratoriums, like the ones enacted by Brewer and South Portland.

The eight dispensaries will be in different regions throughout the state. Cumberland and York Counties will each have one.

The moratorium was proposed by City Attorney Gary Wood, who cited ambiguities in state rule regarding appropriate sites for medical marijuana cultivation and rules governing primary caregivers. "My job, I thought, was to get the issue in front of the council and they would review it and amend it," said Wood.
"I think they should pass the moratorium, but it's up to them. They may not agree with the concerns that I'm expressing," Wood said.

Marshall's proposed council order is the city councilor's way of trying to allay Wood's apprehension about such ambiguities in state law as they apply to a dispensary here in Portland.

Cumberland County Sheriff Mark Dion gave some perspective on the issue from a law enforcement point of view, and said a dispensary system would make his own job easier."It's done in the light of day, so dispensary gives us the opportunity to publicly regulate this," said Dion. "Anything that brings it into the mainstream medical practice will make it easier to regulate," he said.

Dion said there is little evidence that dispensary systems foster criminal behavior, citing California's dispensary system, enacted in 2003 after the passing of Senate Bill 420. "The data from California suggests that the risk of crime outside a dispensary is no greater than what we'd experience at a bank. So I think we should just move forward and exercise the common sense that the voters have demonstrated in repeated votes on this measure," said Dion.
Comparing such dispensaries to the ubiquitos corner pharmacy, Dion said "We wouldn't be here today if this was a national pharmacy chain, we never stand back and go, 'CVS, now they are bad,'" Dion said.

"I live on Allen's Corner, where we have a Walgreens, CVS, and Rite Aid in a few blocks, I don't remember any meeting about that," he said, adding that such pharmacy chains sell perscriptions drugs that can actually be harmful to people in the community, including opiates like Oxycontin.
The downtown business zones are most appropriate for the dispensary due to the advantages of public transit and close proximity to social services, Marshall said at Thursday's press conference. "No other town has better access to public transportation and social services than Portland," he said.

2010-06-17T16:12:00.000-07:00

WGME13

http://www.wgme.com/newsroom/top_stories/videos/wgme_vid_3986.shtml

WATCH THE VIDEO

Officials call for fast tracking a medical marijuana dispensary in Portland
It's a conflict over medical marijuana in the city of Portland.
Some city officials have recently called for a six month moratorium on opening a dispensary within city limits. But Thursday morning, one city councilor, along with the Maine Civil Liberties Union and Cumberland County sheriff Mark Dion called for the proposed delay to be dropped. At a city hall news conference, they urged the city council to defeat the moratorium and get a dispensary up and running as soon as possible. City councilor Dave Marshall is sponsoring an order that would allow for any dispensary to be set up in the downtown area. Meanwhile, a hearing on the proposed moratorium is scheduled for June 21st.
Posted: Thursday, June 17 2010, 12:41 PM EDT

2010-06-17T16:06:00.000-07:00

WCSH6.COM

http://www.wcsh6.com/news/local/story.aspx?storyid=119124&catid=2

Portland Considers Ban On Marijuana Dispensaries

WATCH THE VIDEO

PORTLAND, Maine (NEWS CENTER) -- A proposed moratorium on medical marijuana dispensaries in Maine's largest city is drawing more oppostiion.

Cumberland County Sheriff Mark Dion and the Maine Civil Liberties Union are among those calling on the city to scrap the proposal altogether.

Sheriff Dion, activists, medical marijuana patients and attorneys for MCLU gathered on the front steps of city hall Thursday morning.

They say the moratorium sends a bad message after voters last November approved a statewide referendum that expanded Maine's medical marijuana law. It allows patients with certain conditions to buy marijuana from dispensaries with a doctor's recommendation.

Portland's moratroium no only prohibits dispensaries for six months, it also prevents patients and caregivers from receiving or growing medical marijuana. Sheriff Dion says the council needs to follow the will of the voters.

'Medical marijuana is a public health issue, it's not a law enforcement issue. The data from California suggests that the risk of crime outside a dsipensary is no greater than what we'd experience at a bank.

The city will take up the issue following a public hearing. That is schedueld for seven o'clock Monday night at Portland City Hall.

2010-06-17T15:57:00.000-07:00

Maine Public Broadcasting Network

Portland City Council Urged to Reject Pot Dispensary Moratorium

06/17/2010 Reported By: Susan Sharon

Cumberland County Sheriff Mark Dion joined the Maine Civil Liberties Union and supporters of Maine's medical marijuana law on the steps of Portland City Hall this morning to call on city council members to reject a six-month moratorium on dispensaries. The groups say the proposal also includes a provision that would prohibit caregivers from distributing medical marijuana to patients, something they've been permitted to do for 11 years. That could serve as the basis for a legal challenge if a moratorium is adopted. But passage of the moratorium now appears unlikely.

LISTEN

Maine voters authorized the use of medical marijuana for qualified patients more than a decade ago. Last fall, they also gave their approval for a non-profit dispensary system, and did so in large numbers. Portland residents were some of the most supportive. Portland city councilor Dave Marshall says they endorsed the measure by a margin of 75 percent. And he says they've waited long enough to implement the law without another six-month delay that a proposed moratorium would bring.

"That's why I'm sponsoring an amendment to city code to permit medicinal marijuana dispensaries in Portland's downtown business zones. The city of Portland must respect the patients' rights and the will of the voters," Marshall said at a news conference this morning.

Marshall says he has three co-sponsors of his amendment: Councilor Jill Duson, Councilor Dory Waxman and Councilor Kevin Donoghue. Councilor Dan Skolnik says he also supports the zoning amendment.

"We don't need a moratorium," Skolnik says. "We can identify and cure any zoning problems that we have in this city with regard to opening up a dispensary without a six-month process."

Portland Mayor Nick Mavodones agrees that a six-month moratorium would take too long. And he says he's leaning toward support of Marshall's amendment, which would appear to have enough votes to pass.

"Certainly we want to ensure that our local zoning in Portland meets the requirements or allows a dispensary, and we'll have to deal with that," Mavodones says. "But I think by sending this directly over to the planning board, I think we can solve that and by doing so we can meet the medical needs of the many people in Cumberland County should the dispensary be located here."

State law permits up to eight dispensaries in eight regions of the state. Several communities have passed moratoriums on medical marijuana dispensaries. Portland's moratorium would also prevent caregivers from growing medical marijuana for authorized patients, and patients from growing it for themselves. This is something they've been legally allowed to do under state law for 11 years.

Cumberland County Sheriff Mark Dion says patients shouldn't be burdened by geography when it comes to accessing their medicine. "Your ability to provide care to someone else or to stay healthy shouldn't be a consequence of what community you live in," he says. "I think if care providers or dispensary clinic organizations want to provide those services here in the city we should exercise some leadership and make it happen."

Alysia Melnik, an attorney with the Maine Civil Liberties Union, says there may be another reason for councilors to reject the moratorium. She says it may be more restrictive than state law. "We certainly see that as a problem. The law that was passed by the Legislature permits appropriate regulations by localities around dispensaries. It says nothing in there about allowing regulation or prohibition of growing by patients or their caregivers, which this moratorium does."

Melnik says this could be used as the basis for a legal challenge if the moratorium moves forward. According to a city of Portland spokeswoman, the moratorium was drafted at the request of Councilor John Anton, who was unable to be reached for comment for this story.

Meanwhile, at least one city councilor says she's on the fence about the moratorium and the zoning amendment. "I....It depends. It depends on what's in Dave's proposal," says Councilor Cheryl Leeman.

As a breast cancer survivor herself, Leeman says she supports the use of medical marijuana to treat patients. Her only question is: where to treat them in the city of Portland. "If I'm not happy with the details of what he's presenting, than maybe the only other option will be the six months."

Mayor Nick Mavodones says in the event that the zoning amendment fails to pass, he'll ask that the proposed moratorium be shorter than six months and will move to strip out language that prevents patients and caregivers from growing medical marijuana. The council will take up the issue Monday night.

2010-06-17T11:58:00.000-07:00

PORTLAND PRESS HERALD

http://www.pressherald.com/news/Portland-councilor-opposing-medical-marijuana-delay.html

11:34 AM
Portland councilor opposes medical marijuana delay
By John Richardson jrichardson@mainetoday.com
Staff Writer

A Portland City Councilor hopes to derail a proposed six-month moratorium on medical marijuana dispensaries in the city.

David Marshall plans to introduce a council order at Monday’s meeting to allow state-licensed dispensaries in the downtown business zones. He is scheduled to formally announce the proposal at a news conference at City hall this morning.

The council's already scheduled to hold a public hearing Monday on a six-month ban that would allow planning officials to create siting and operating rules. The proposal is facing strong opposition because it could delay the opening of the state’s largest dispensary.

The Maine Department of Health and Human Services is expected to grant the state’s first-ever licenses to eight medical marijuana dispensaries on July 9. The dispensaries would be spread out in eight regions around the state, and the Cumberland County site is widely expected to be somewhere in Portland because of the population size and public transportation network.

2010-06-17T11:34:00.000-07:00

PORTLAND DAILY SUN

http://www.portlanddailysun.me/cgi/story2.pl?storyid=20100616055361000622

Marshall sponsors zoning change with dispensaries in mind

Saying a proposed six-month moratorium "isn't necessary," Portland City Councilor Dave Marshall will introduce a plan this morning that would allow registered marijuana dispensaries in downtown business zones.
The order comes in response to a six-month moratorium being proposed by the city attorney, and would change zoning laws to allow the dispensaries.
"The moratorium isn't necessary, as an overwhelming number of voters supported the referendum that led to this," said Marshall, mentioning that "75 percent of people in Portland said having these dispensaries was the right way to go."
The order will be introduced and discussed at a press conference this morning at 10 a.m. at City Hall, and is scheduled for discussion at Monday night's city council meeting.
"I feel it's a more proactive way to define dispensary within zoning code, and to say which zone it's permitted in," said Marshall.

"I think downtown is the most appropriate because of the convenience of public transportation and social services," he added.
Maine's Department of Health and Human Services will select the operators of the state's first eight dispensaries by July 9. The not-for-profit suppliers could open shop within weeks of licensing, depending on how quickly they could grow and process the drug and set up the security and tracking systems required by the state. The eight dispensaries will be in different regions throughout the state, Cumberland and York Counties will each only have one.
The downtown business zones are most appropriate for the dispensary due to the advantages of public transit and close proximity to social services, said Marshall in a Wednesday press release. The order is "a proactive way to deal with the zoning issues regarding the only dispensary for Cumberland County," Marshall said.
Alysia Melnick of the Maine Civil Liberties Union will also be on hand at the press conference to address the legal issues regarding the proposed moratorium.

"Portland is really a service center. It's a place where people have access to public transportation in a state with very little public transportation," Melnick told the Kennebec Journal newspaper earlier this week. "That makes it even more important that Portland not put up barriers to access."
Marshall said he is also going to encourage the council to defeat the proposed moratorium, a measure that he said will not only delay the voter-supported dispensary system, but also the caregivers who have been growing and supplying medical marijuana to Mainers with serious health conditions for over a decade.

"The state has allowed caregivers to grow and provide to patients for the last 11 years, and you haven't seen any negative implications from that," Marshall said.

2010-06-16T14:54:00.001-07:00

PRESS RELEASE CONTACT: Dave Marshall
June 16, 2010 damarshall@portlandmaine.gov
207-409-6617
For Immediate Release:

Councilor Dave Marshall sponsors zoning changes to allow medical marijuana dispensaries in Portland’s Downtown Business Zones and urges the City Council to defeat the City Attorney’s proposed moratorium.

+
WHO: Councilor Dave Marshall, Alysia Melnick of the Maine Civil Liberties Union, Sheriff Mark Dion, and Medical Marijuana advocates

+ WHAT: Press Conference

+ WHERE: Portland City Hall, 389 Congress Street, Portland Maine
+ WHEN: Thursday, June 17, 2010 10:00 am

Portland, ME - Portland City Councilor Dave Marshall will introduce a Council Order to allow Registered Dispensaries in the downtown business zones (B3 Zones and the B7 Zone). The downtown business zones are most appropriate for the dispensary due to the advantages of public transit and close proximity to social services. The Order is a proactive way to deal with the zoning issues regarding the only dispensary for Cumberland County.

Alysia Melnick of the Maine Civil Liberties Union will address the legal issues regarding the proposed moratorium. Cumberland County Sheriff Mark Dion will provide his perspective on the medical marijuana patients and caregivers for the past eleven years in Maine.

2010-06-03T18:55:00.000-07:00

WGME Channel 13

Live, Work, Portland:

A new marketing plan to bring creative business back
Fresh off passing a budget with a tax increase, cuts to serivices and jobs, the City of Portland launches a new effort to bring in more business, which ultimately means more money. The program is called, "Live, Work, Portland." The goal is to bring back creative business to the city through a new marketing strategy. City Councilor Dave Marshall says
"liveWorkportland.org" is intended to show those from away that this city is re-inventing itself, and the arts district and beyond are ready for even more creative minds, with tax revenue in tow. Marshall says that section of the city has seen an $11 million appreciation in tax revenue over the last few years. And, those are the kinds of numbers businesses like
Portland Color look forward to hearing, saying more business in the city means a potential for more customers.
Posted: Friday, May 28 2010, 08:01 PM EDT

http://www.wgme.com/newsroom/top_stories/videos/wgme_vid_3769.shtml

2010-05-18T08:38:00.000-07:00

Property Owners Attach Housing Development for Artists

"When you add people who can't do anything to the economic development of the community, you take up space," said Penelope Carson, who owns a nearby commercial building on Congress Street in a partnership with her brother, Harold Pachios.

"I don't want my property's value driven down, and I don't want the crime rate going up." - Susan Fitzpatrick, who bought a one-bedroom condo in Winslow Lofts for $260,000 in 2006, said she is worried that Avesta Housing's project would increase crime.

http://www.pressherald.com/news/affordable-housing-plan-hits-resistance_2010-02-24.html

A Call to Artists, Restaurant and Retail Workers, and anyone else that earns $20,000 to $30,000 per year!

It is time to deliver a strong message to some of the property owners in Portland's Arts District that artists and service workers are a vital part of the economy and deserve to have housing close to our workplace. It is clear from the quotes above that some property owners do not understand that affordable housing for people that earn $20,000 to $30,000 will support the same people that feed them. We make their food, we serve them drinks, we sell them cloths, we clean their offices, and we entertain them with art! We are the economic development of the community!

What? Neighborhood Meeting
Oak Street Housing Development - Ideal for Artists
You are invited to a neighborhood meeting to discuss our plans for the development of 37 efficiency apartments at 72 Oak Street.

When? Thursday, May 20, 6pm

Where? Maine College of Art (Osher Hall), 522 Congress Street

The City Code requires that property owners within 500 feet of the proposed development and residents on an "interested parties list", be invited to participate in a neighborhood meeting. A sign-in sheet will be circulated and minutes of the meeting will be taken. Both the sign-in sheet and minutes will be submitted to the Planning Board.
If you have questions, please call Greg Payne at 553-7780 x211.

2010-02-07T13:14:00.000-08:00

"The city's Public Safety Committee will begin debate next week on an ordinance that would regulate where persons convicted of serious sex offenses against persons under 14 can live. As proposed, these offenders would be banned from living within 750-feet of city-owned parks and all schools. Although current offenders would be grandfathered, this map shows in red areas of the city that where sex offenders could not move to if the rule is adopted."

- Portland Daily Sun http://www.theportlanddailysun.com/cgi/story.pl?storyid=20100205041061000536

2010-02-07T13:10:00.000-08:00

Dear Neighborhoods,

Please pay attention to the proposed Sex Offender Residency Restrictions Ordinance (SORRO). The map seen at http://www.portlandmaine.gov/publicsafety/sorlimit750.pdf is of particular concern to me. The map illustrates the effect of a SORRO with a restriction of 750 feet from schools and playgrounds, which is the maximum distance allowed by Maine State Law.

Please note the areas that are not in the restricted areas in District 2: All of St. John Valley, part of Parkside, and the West Prom and West End areas near Maine Medical Center. These areas have high percentages of multi-unit housing and are coupled with lower priced rents.

If the SORRO passed the Public Safety Committee and the City Council, then the ordinance will restrict sex offenders from living in some areas and focus them on others. Most of the Portland Peninsula would be restricted under the SORRO at 750 feet, leaving only a few areas of the Peninsula unrestricted.

Please see the article in the Daily Sun http://www.theportlanddailysun.com/cgi/story.pl?storyid=20100205041061000536 and the City Website http://www.portlandmaine.gov/publicsafecomm.htm#Current_Backup_Material for further information. The issue will be discussed at the Public Safety Committee on Tuesday, February 9th at 5:30 in the City Council Chambers at City Hall.

Feel free to share this info with our neighbors.

--
Best Wishes,
Dave Marshall

David A. Marshall
Portland City Council Fine Artist
207.409.6617 DAMarshall.com

2010-01-22T16:03:00.000-08:00

PORTLAND DAILY SUN
http://www.theportlanddailysun.com/cgi/story.pl?storyid=20100121050321000526
City adopts revised Waynflete zoning plan

By Casey Conley
Reporter
casey@portlanddailysun.me

New zoning rules adopted by the city council this week give Waynflete School more flexibility for future on-campus expansion but prohibits the West End private school from converting four on-campus homes into school uses.

Last month, the planning board recommended passage of a Waynflete "overlay zone." Within that zone are four single-family homes, only two of which are currently owned by the school. The version of the plan that passed the planning board would have allowed the school to subdivide the homes to include up to 60 percent school or office space while retaining 40 percent of the structures for housing purposes.

An amendment proposed by Councilor Dave Marshall banning such conversions passed the council 8-1 Wednesday night, with only Councilor Dan Skolnik voting against it. A companion amendment stripping a planning board provision requiring any construction over 5,000-square-feet within the overlay zone to receive city approval also passed. Under that rule, the school will have to seek city approval for any projects 10,000-square-feet or greater -- which aligns it with the current city standard.

With the two amendments, the 20-year overlay zone was adopted, establishing as campus boundaries its existing "footprint" between Spring, Danforth, Emery and Fletcher streets.

Reached Thursday, Marshall said the amendments mirrored a compromise he first offered last spring to resolve tensions among neighborhood groups worried about further "encroachment" by the school into the surrounding area.

He added that because the new rules treat the entire campus as a single lot, instead of more than a dozen individual lots, the school can "do some creative infill" to maximize on-campus development.

Wednesday's vote marks the end of a two-year process aimed at setting boundaries for Waynflete's future growth and development. The issue divided West End residents, with some arguing Waynflete has already expanded too far into the neighborhood and others who say the school should be allowed to expand on its own terms.

A phone call to Mark Seger, Waynflete's headmaster, wasn't returned by press time.

2010-01-15T19:54:00.001-08:00

Waynflete Overlay Zone Amendments

On Friday I made public language of the amendments to the Waynflete Overlay zone I am sponsoring, which are consistent with the compromise I asked for nine months ago after the neighborhood forums at Williston West and Reiche School. The amendments will be considered by the City Council during our meeting next Wednesday.

The decision to bring the amendments forward was very challenging, and one that I have made after rereading the City's Comprehensive Plan. The first amendment is to remove the 5,000 foot trigger for Major Site Plan Review, and the second is to restrict residential conversion within the zone. With respect for all interested parties, I have brought forward these amendments to make the public aware of two amendments the Council will consider. This approach makes the amendment process more transparent.

Earlier this week, I asked the City's Corporation Counsel Office to prepare the amendments, put them on the agenda, and send them to interested parties. In addition to my meeting with Alan Holt on behalf of Waynflete, I also met with representatives of the Western Promenade Neighborhood Association (WPNA), the two parties that I have been asking to compromise for over nine months.

The amendments, if passed, will achieve the compromise I asked WPNA and Waynflete to accept following two neighborhood forums at Williston West and Reiche Elementary School. I hosted the forums after fourteen months of consultation work facilitated by Alan Holt on behalf of Waynflete. Last spring, I suggested a compromise for the Overlay Zone to encompass the existing campus plus two residential properties that could not be converted to school use. The compromise was accepted WPNA reluctantly and followed by the West End Neighborhood Association.

Waynflete did not agree to the compromise of two residential properties at the time and submitted a proposal to the Planning Board that would have included five residences in addition to the existing campus for the Overlay Zone. During the Planning Board process,Waynflete changed its proposal to compromise plan I suggested. The difference here is Waynflete asked the planning board to allow the homes to be converteds to be 60% school use and 40% residential. The compromise I first proposed nine months ago did not allow for residential conversion.

After reviewing the City's Comprehensive Plan and considering the context of the neighborhood, I believe that converting the four existing residential single family homes into offices and apartments would have a significant impact on the residential nature of the neighborhood in particular on Danforth Street. By preventing the conversion of these residential properties to school use, the single family homes will be preserved, which will allow for larger families to to live on the Waynflete campus and maintain the residential character of the neighborhood.

By publicizing the language of the amendments on Friday, all members of the public will now of know two amendments that will be offered at next Wednesday's meeting. It is possible for any Councilor to move an amendment from the floor at any Council meeting without any prior notice and without any time for interested parties to respond. Publicizing the text language of the amendments early - that have been well known to stakeholders for nine months - makes the amendment process as transparent as possible.

Please see the agenda description and memo to the Planning Board below and the find the Waynflete Overlay Zone on the

CITY OF PORTLAND

MEMORANDUM

TO:
Members of the Planning Board

FROM: David A. Marshall, City Councilor, District 2
DATE: September 22, 2009

RE: Waynflete Overlay Zone

The purpose of this memo is to provide history of the process that I have participated in to date.

After months of meetings with representatives from Waynflete School, the Western Promenade Neighborhood Association, the West End Neighborhood Association, and City Planning Staff it is clear that we can all agree on one thing: that an overlay zone for theWaynflete campus is a critical policy tool needed to provide long-term predictability for campus development.

While the months of meetings through the CCC and two neighborhood forums have brought us to our common support of utilizing an overlay zone, there are still very different perspectives regarding the additional number of residences that should be included within the overlay zone. Throughout the process I maintained the position of protecting the housing stock and the tax base, as consistent with the Comprehensive Plan.

Early in CCC process, all parties embraced the overlay zone concept, however, it was apparent that Waynflete and the WPNA had vastly different perspectives on acceptability of campus expansion into residences in the neighborhood. Waynflete was considering all of the buildings within the boundaries of Spring, Danforth, Emery, and Fletcher Streets.

WPNA was considering all residential expansion off the table and insisted that the campus not expand beyond its current footprint.

As the CCC proceeded in discussion, Waynflete introduced a couple of draft scenarios for the campus. The first was to expand the campus footprint to include seven residences and one institutional building (St. Louis Cathedral), while constructing additions and structures to the campus. The second scenario was working within the existing footprint of the campus and building additions and structures, which Waynflete did not see as acceptable and was using the scenario to illustrate its point. WPNA objected to the first scenario of campus expansion and continued to insist on maintaining the existing footprint.

In the spirit of compromise, I suggested to both sides a middle ground proposal to incorporate an additional four properties into a possible overlay zone, two residences and two institutional properties. Although I did not name the residential properties - which I intentionally left undesignated to allow Waynflete flexibility - I did suggest including Williston West Church in the overlay zone in addition to St. Louis Cathedral. The rationale for suggesting the inclusion of Williston West is due the proximity to the campus, the established relationship between the Waynflete and Williston West, and the availability of space at Williston West. Also with the proposal was the intent to maintain the current level of housing units and property taxes.

In addition to the middle ground proposal I asked the members of the CCC to participate in a neighborhood forum to bring the discussion to a wider audience. All parties agreed to participate in the forum that I would host at Williston West.

Over one hundred people participated in the Waynflete Overlay Zone Neighborhood Forum I hosted at Williston West. Waynfletepresented the two overlay zone drafts and presented future space needs. Then, WPNA announced its support of the middle ground proposal that I had suggested. WENA expressed concern with including St. Louis in the overlay zone, however, did not take a position of the various scenarios at the time. Public comment was taken and recorded at the event and residents were encouraged to provide written feedback at the forum or through email. The forum at Williston West was successful in widening the discussion and made it clear that support existed for both sides of the debate with a desire to see compromise.

After the forum at Williston West, it became clear that WENA desired a greater participation in the discussion and requested a forum be held at Reiche Community Center. All parties agreed to participate in an additional forum with a similar format and the event was scheduled.

At the Waynflete Overlay Zone Neighborhood Forum I hosted at Reiche, over thirty people participated. Waynflete made its presentation again. Next, WPNA announced its plan for an overlay zone, largely based on the middle ground proposal. WPNA’s overlay zone proposal included a map of the campus, which designated two residential properties along with the inclusion of St. Louis and Williston West. Then, WENA reiterated its concern of the inclusion of St. Louis in the overlay zone. During the public comment portion, it was clear that opposition to the inclusion of St. Louis in the overlay zone was growing. Residents were encouraged to provide written feedback through email as well. The forum at Reiche was successful in further engaging the residents within the West End Neighborhood Association.

At the next CCC meeting, the group discussed the feedback received from the forums. During the meeting WENA announced its support for WPNA’s overlay zone proposal. All the parties agreed that it was not necessary to include St. Louis and Williston West in the overlay zone. Instead, the overlay zone would not restrict the ability of Waynflete from utilizing institutional properties outside of the zone. Finally, at the end of the meeting I requested that parties join for one final meeting of the CCC and the parties agreed.

During the final meeting of the CCC, Waynflete presented its final proposal for an overlay zone. The overlay zone would include five additional residences and the back yard of another residential property. Under the proposal, Waynflete School would consist of a campus core and sub districts with a couple buildings to remain completely residential. Additionally, the overlay zone would provide flexibility to add residential units in some buildings while removing them from others with the intent of preserving the same number of residential units and to maintain a similar tax base.

The CCC meetings and neighborhood forums helped to bring the conversation regarding Waynflete expansion from two-city-blocks to five residences. While WPNA and WENA oppose the overlay zone application brought forth by Waynflete, we have narrowed the debate to four residences, the two on Grayhurst Street and the two on Storer Street. Currently, these four residences are separated from the campus by a brick wall and a row of trees, which create a solid barrier between the neighborhood and Waynflete. Even though Waynflete did not embrace the my middle ground proposal and the neighborhood associations are still in opposition, I feel the work done to date had placed the Planning Board in a better position to provide a well-informed recommendation to the City Council.

In Service,
David A. Marshall
City Councilor, District 2
207.409.6617
damarshall@portlandmaine.gov

2010-01-15T16:20:00.000-08:00

AGENDA
REGULAR CITY COUNCIL MEETING
EVENING SESSION
JANUARY 20, 2010

http://www.portlandmaine.gov/eveningagenda.htm

Order 138-09/10 Amendment to Portland City Code Chapter 14. Land Use Article III.
(Tab 11) Zoning Re: Waynflete School Overlay Zone – Sponsored by the Planning Board, David Silk, Chair.

The Planning Board is forwarding a recommendation to the City Council recommending approval of an overlay zone for the Waynflete School campus and several adjacent properties in the vicinity of 360 Spring Street. The amendments involve a proposed zoning test and an accompanying overlay zoning map. The Waynflete School Overlay Zone concept is similar in concept to the University of Southern Maine Overlay Zone.

The overlay zone has been proposed by Waynflete in order to establish a clear understanding between the school, the City and the neighborhood of the school’s potential plans regarding future development of their campus facilities in the R-4 and R-6 zones and to clearly define its boundary in the neighborhood.

The overlay zone limits Waynflete’s future growth and expansion to a specific campus footprint which provides certainty in terms of what nearby residential properties may or may not be included in the school’s future expansion plans.

Under the present system Waynflete requests approval (site plan and conditional use review) for school expansion plans on a property by property basis that tends to address short-term needs by not necessarily the long-term plan.

Rather than a limited review of an individual school project, the Planning Board’s overlay zoning process has required an in-depth analysis of long-term plans for the entire campus within the context of the City’s Comprehensive Plan resulting in a more complete and informed planning process.

The end result is a campus plan that has been reviewed under the lens of the City’s comprehensive plan providing a tightly defined school campus boundary that accommodates Waynflete’s future facility needs while protecting the character and integrity of the surrounding neighborhood.

Councilor Marshall plans to offer an amendment that would prohibit residential conversions within the overlay zone and eliminate the section that defines major and minor developments in the overlay zone for the purpose of site plan review. The result of the elimination of the section that defines site plan review is that all major and minor development will be subject to review as will be provided in Section 14-522 (Site Plan). As such, changes of use of less than 5,000 sq. ft. will not be subject to any review (Planning Authority or Planning Board), and changes of use, building additions and construction of any new structure 5,000 sq. ft. or greater will not be subject to Planning Board review. His amendment has been included in the backup.

This item must be read on two separate days. It was given a first reading on January 4th. Five affirmative votes are required for passage after public comment,

2010-01-15T15:48:00.000-08:00

CITY OF PORTLAND

MEMORANDUM

TO:
Members of the Planning Board

FROM: David A. Marshall, City Councilor, District 2
DATE: September 22, 2009

RE: Waynflete Overlay Zone

The purpose of this memo is to provide history of the process that I have participated in to date.

After months of meetings with representatives from Waynflete School, the Western Promenade Neighborhood Association, the West End Neighborhood Association, and City Planning Staff it is clear that we can all agree on one thing: that an overlay zone for the Waynflete campus is a critical policy tool needed to provide long-term predictability for campus development.

While the months of meetings through the CCC and two neighborhood forums have brought us to our common support of utilizing an overlay zone, there are still very different perspectives regarding the additional number of residences that should be included within the overlay zone. Throughout the process I maintained the position of protecting the housing stock and the tax base, as consistent with the Comprehensive Plan.

Early in CCC process, all parties embraced the overlay zone concept, however, it was apparent that Waynflete and the WPNA had vastly different perspectives on acceptability of campus expansion into residences in the neighborhood. Waynflete was considering all of the buildings within the boundaries of Spring, Danforth, Emery, and Fletcher Streets.

WPNA was considering all residential expansion off the table and insisted that the campus not expand beyond its current footprint.

As the CCC proceeded in discussion, Waynflete introduced a couple of draft scenarios for the campus. The first was to expand the campus footprint to include seven residences and one institutional building (St. Louis Cathedral), while constructing additions and structures to the campus. The second scenario was working within the existing footprint of the campus and building additions and structures, which Waynflete did not see as acceptable and was using the scenario to illustrate its point. WPNA objected to the first scenario of campus expansion and continued to insist on maintaining the existing footprint.

In the spirit of compromise, I suggested to both sides a middle ground proposal to incorporate an additional four properties into a possible overlay zone, two residences and two institutional properties. Although I did not name the residential properties - which I intentionally left undesignated to allow Waynflete flexibility - I did suggest including Williston West Church in the overlay zone in addition to St. Louis Cathedral. The rationale for suggesting the inclusion of Williston West is due the proximity to the campus, the established relationship between the Waynflete and Williston West, and the availability of space at Williston West. Also with the proposal was the intent to maintain the current level of housing units and property taxes.

In addition to the middle ground proposal I asked the members of the CCC to participate in a neighborhood forum to bring the discussion to a wider audience. All parties agreed to participate in the forum that I would host at Williston West.

Over one hundred people participated in the Waynflete Overlay Zone Neighborhood Forum I hosted at Williston West. Waynflete presented the two overlay zone drafts and presented future space needs. Then, WPNA announced its support of the middle ground proposal that I had suggested. WENA expressed concern with including St. Louis in the overlay zone, however, did not take a position of the various scenarios at the time. Public comment was taken and recorded at the event and residents were encouraged to provide written feedback at the forum or through email. The forum at Williston West was successful in widening the discussion and made it clear that support existed for both sides of the debate with a desire to see compromise.

After the forum at Williston West, it became clear that WENA desired a greater participation in the discussion and requested a forum be held at Reiche Community Center. All parties agreed to participate in an additional forum with a similar format and the event was scheduled.

At the Waynflete Overlay Zone Neighborhood Forum I hosted at Reiche, over thirty people participated. Waynflete made its presentation again. Next, WPNA announced its plan for an overlay zone, largely based on the middle ground proposal. WPNA’s overlay zone proposal included a map of the campus, which designated two residential properties along with the inclusion of St. Louis and Williston West. Then, WENA reiterated its concern of the inclusion of St. Louis in the overlay zone. During the public comment portion, it was clear that opposition to the inclusion of St. Louis in the overlay zone was growing. Residents were encouraged to provide written feedback through email as well. The forum at Reiche was successful in further engaging the residents within the West End Neighborhood Association.

At the next CCC meeting, the group discussed the feedback received from the forums. During the meeting WENA announced its support for WPNA’s overlay zone proposal. All the parties agreed that it was not necessary to include St. Louis and Williston West in the overlay zone. Instead, the overlay zone would not restrict the ability of Waynflete from utilizing institutional properties outside of the zone. Finally, at the end of the meeting I requested that parties join for one final meeting of the CCC and the parties agreed.

During the final meeting of the CCC, Waynflete presented its final proposal for an overlay zone. The overlay zone would include five additional residences and the back yard of another residential property. Under the proposal, Waynflete School would consist of a campus core and sub districts with a couple buildings to remain completely residential. Additionally, the overlay zone would provide flexibility to add residential units in some buildings while removing them from others with the intent of preserving the same number of residential units and to maintain a similar tax base.

The CCC meetings and neighborhood forums helped to bring the conversation regarding Waynflete expansion from two-city-blocks to five residences. While WPNA and WENA oppose the overlay zone application brought forth by Waynflete, we have narrowed the debate to four residences, the two on Grayhurst Street and the two on Storer Street. Currently, these four residences are separated from the campus by a brick wall and a row of trees, which create a solid barrier between the neighborhood and Waynflete. Even though Waynflete did not embrace the my middle ground proposal and the neighborhood associations are still in opposition, I feel the work done to date had placed the Planning Board in a better position to provide a well-informed recommendation to the City Council.

In Service,
David A. Marshall
City Councilor, District 2
207.409.6617
damarshall@portlandmaine.gov

2009-11-21T06:58:00.000-08:00

Portland Daily Sun

A correction about that Marshall-Skolnik mayoral column
Sometimes, you just apologize and quote your victims

By Curtis Robinson
Editor
curtis@portlanddailysun.me

Well, there are mistakes and there are mistakes.
I made a dandy one yesterday by inverting two of the city councilors in my continuing rant about the secrecy around the Portland mayor's selection.
Explaining why would involve a mystery involving first drafts and how Google Docs works with various content management systems — it was an early draft, but that's really no excuse.
Since David Marshall was one of my victims, let's quote from his blog on the issue:
"Portland Daily Sun Editor Curtis Robinson issued an opinion piece in the Portland Daily Sun and made a huge mistake. Mr. Robinson confused Councilor Dan Skolnik and I when he wrote:
"'We sure did hear some vague reference to 'temperament' and concerns about the council becoming divisive. Let's get out our Captain Obvious decoder rings and see what that really means. Hmmmmm. Wasn't it that rascal David Marshall (the only real declared candidate for mayor this time around, and a Green) who dared air negative comments about key city staffers? Right ... they had those private City Hall meetings to address the concerns. And didn't he make certain Powers That Be cringe by trying to alter a key police-action citizen review committee? Could that be the code?'"
"It was Councilor Dan Skolnik, a Democrat on the City Council and a key supporter in the selection of Nick Mavodones as next year's mayor, who was publicly critical about the City Manager's job performance. It was Councilor Skolnik who had private meetings with Mayor Duson and City staffers. It was Councilor Skolnik who is trying to alter the Police Citizen Review Subcommittee."
Marshall also notes that "the worst part of this egregious mistake is that Mr. Robinson's own paper has been reporting on the events."
He's, of course, right on all counts, and the several fine links he provides to our coverage illustrates that we are indeed reporting on the events. I'll note that our news reporter, Casey Conley, did not review my column and doubtless would have saved me some humility inducing word-eating.
(Actually, it dawns on me that Councilor Marshall might get some debate on the "worst of all" designation, but let's leave that to others.)
So my apologies to him and, of course, also to Dan Skolnik, who also BTW took issue with my reference to him, albeit by another name, as "rocking the boat" on the Police Subcommittee — he feels that marginalizes his opinions.
Frankly, I thought it was a compliment. Such is the danger of opinion. And my apologies also to our many readers, especially those who found the mistake a bit more amusing than those involved.
This is the part where we news types typically try to squirm off the hook by saying it was an unintentional mistake, that we're running corrections on page one and in the column and that sort of thing.
But it might be more interesting to review some of the other, much more nuanced, "suggestions" I've received of late.
About that Peaks Island vote to leave Portland: At least, that's what we might call it. But some islanders have suggested that some people who voted "yes" on that issue were really just wanting to (a) advance the process or (b) create possible leverage with the city. The point is that they might have advanced the issue without actually wanting to leave Portland. It's also been noted that when reporters use words like "some," we could mean anywhere from two people (it is plural) to 100 million.
Okay.
It's also been pointed out that the Daily Kos blogger of note is "Bill In Portland, Maine," and not "Bill FROM Portland, Maine."
The difference of course is monumental in a place where being from Away is ... well, what it is. Bill clarifies that he does live here but does not claim to be "from" here, since he grew up in Ohio and such. He also notes that he has not been critical in print of the Obama administration's support of the recent Maine Gay Marriage vote -- we left that impression in noting the Daily Kos coverage earlier.
There's more, and it's risky to include what are matters of detail with a more serious screw-up.
But my intent is this — we have published more than 200 editions of this paper so far, and we've made mistakes of various sizes.
We do care about the details of our stories — even if we won't always agree with your specific phrasing. So please don't hesitate to email us your suggestions or call me directly at 207-699-5802.
And, yeah, it does still sucks that the mayor is chosen in secret.

(Curtis Robinson is editor of The Portland Daily Sun. Contact him at curtis@portlanddailysun.me.)

http://www.theportlanddailysun.com/cgi/story.pl?storyid=200911180710341000190