City Hall·South Portland·Agenda

City Council Meeting

Tue Oct 27, 2026, 6:00 PMPosted by the city; shown as written, nothing added

A. OPENING OF THE MEETING

1. Pledge & Roll Call
2. Acceptance of Minutes

B. PETITIONS AND COMMUNICATIONS

1. REMINDER: Election Day, November 3, 2026
POSITION PAPER OF THE CITY CLERK The City Clerk's Office reminding voters all polling locations open 7AM-8PM on Election Day (November 3, 2026). If you are not able to go to the polls there is s till tine to obtain an absentee ballot until 5pm on Otcober 29th at City Hall (25 Cottage Rd).

C. APPOINTMENT CALENDAR

1. ORDER #52-23/24 - Board of Assessment Review, District Five (Tipton), for an unexpired term that expires December 31, 2026. Passage requires majority vote.
2. ORDER #22-25/26 Open Space Acquisition Committee, District Three (Pride) for a term that expires September 30, 2028. Passage Required Majority Vote.
3. ORDER #32-25/26 - Historic Preservation Committee, (Tipton), for an unexpired term that expires January 31, 2028. Passage requires majority vote.
4. ORDER #94-25/26 - Landcare Management Advisory Committee, Resident, District Two (Coleman) unexpired term ending January 30, 2028. Passage Requires Majority Vote.
5. ORDER #99-25/26 - Historic Preservation Committee, District Three (Pride), for a term that expires January 31, 2029. Passage Requires Majority Vote.
6. ORDER #136-25/26- Mahoney City Center Committee, Neighborhood Representative, (Mayoral Appointment) to fill vacancy. Passage Requires Majority Vote.
Current Vacancy: Lisa Maxfield resigned January 22, 2026
7. ORDER #137-25/26- Affordable Housing Committee, District Three (Pride) Landlord's Association/ South Portland Landlord for an unexpired term that expires December 30, 2026. Passage Requires Majority Vote.
Current vacancy: Michael Duvernay resigned on January 17, 2026
8. ORDER #159-25/26 - Waste Reduction Committee, District Five (Tipton), for a term that expires May 4, 2029. Passage Requires Majority Vote.
Current vacancy: Incumbent not seek reappointment.
9. ORDER #160-25/26 - Waste Reduction Committee, District At Large (Matthews), for a term that expires May 4, 2029. Passage Requires Majority Vote.
Current vacancy: Incumbent not seek reappointment.
10. ORDER #191-25/26 - Board of Appeals, District Three (Pride), for a term that expires July 23, 2029. Passage Requires Majority Vote.
Current vacancy: Incumbent not seek reappointment.
11. ORDER #194-25/26 - South Portland Board of Education, District Five Member, (City Council Appointment), for an Unexpired Term. Passage Requires Majority Vote.
Pursuant to South Portland City Charter [Sec.] 904 Vacancy. Whenever a vacancy in the school board occurs the vacancy may be filled by a majority vote of all the members of the city council and the member so elected shall serve until the next regular municipal election when a new member shall be elected to fill the vacancy.
12. ORDER #19-26/27 - Human Rights Commission, Resident Member, Mayoral Appointment (Tipton) for a term that expires October 6, 2029. Passage requires majority vote.
Current vacancy: Incumbent did not seek reappointment.
13. ORDER #20-26/27 Human Rights Commission, District At Large (Matthews) for a term that expires October 6, 2029. Passage requires majority vote.
Current vacancy: Incumbent did not seek reappointment.
14. ORDER #21-26/27 - Open Space Acquisition Committee, District At-Large (Matthews), for a term that expires September 30, 2029. Passage requires majority vote.
Current vacancy: Incumbent did not seek reappointment.
15. ORDER #23-26/27 Open Space Acquisition Committee, District Five (Tipton) for a term that expires September 30, 2029. Passage requires majority vote.
Current vacancy: Incumbent did not seek reappointment.
16. ORDER # 34 26/27 Civil Service Commission, District Three (Pride) for an unexpired term that expires February 28, 2029. Passage requires majority vote.
Current vacancy: Joseph Wannemacher resigned August 11, 2026
17. ORDER #44-26/27 Historic Preservation Committee, South Portland Historical Society Representative, District At Large (Matthews), unexpired term expiring January 31, 2028.
Current vacancy: Kathryn DiPhilippo resigned October 2, 2026.
18. ORDER #45-26/27 Library Advisory Board, District Two (Coleman) term expiring December 30, 2029.
Anticipated vacancy: Term ending December 30, 2026 Incumbent has not confirmed if seeking reappointment.
19. ORDER #46-26/27 Board of Health, (City Council Appointment) term expiring December 2, 2029.
Anticipated vacancy: Term ending December 2, 2026 Incumbent Gregory Intoni seeking reappointment.
20. ORDER #47-26/27 Board of Assessment Review, District One (Scott) term expiring December 30, 2029.
Anticipated vacancy: Term ending December 30, 2026 Incumbent has not confirmed if seeking reappointment.
21. ORDER #48-26/27 Historic Preservation Committee, District One (Scott) term expiring January 1, 2030.
Anticipated vacancy: Term ending January 1, 2027 Incumbent not seeking reappointment. Postpone the Appointment Calendar (Items 1-21) to November 5, 2026 City Council Meeting.

D. CONSENT CALENDAR Consent Action

1. ORDER #228-25/26 - Affordable Housing Committee, Jessica Rosenberg, Private Sector Housing Developer, District One (Scott), for an unexpired term that expires December 30, 2027. Passage Requires Majority Vote.
2. ORDER # 33 26/27 Comprehensive Planning Committee, Emmy Ham, Advisory Member, (Mayoral Appointment), unexpired term expiring September 30, 2027.
3. ORDER #59-26/27 - Appointing Ruth Graves, Ward Clerk, District Three, for an unexpired term ending November, 2028. Passage requires majority vote.
POSITION PAPER OF THE CITY CLERK The position of Warden for District Three is currently vacant. The municipal officers may confirm a nominee brought forward by the municipal clerk for the appointment, Ruth Graves, of District Three. Duties of the Ward Clerk include assisting the Warden in supervising the polling place on Election Day. District Three's polling place is the Community Center.
4. ORDER #60-26/27 - Appointing Gerald Murray, Ward Clerk, District One, for an unexpired term ending 2028. Passage requires majority vote.
POSITION PAPER OF THE CITY CLERK The position of Ward Clerk for District One is currently vacant. The municipal officers may confirm a nominee brought forward by the municipal clerk for appointment, Gerald Murray, of District One. Duties of the Ward Clerk include assisting the Warden in supervising the polling place on Election Day. District One's polling place is the Boys and Girls Club.
5. ORDER #61-26/27 Granting Temporary Street Closure of Broadway Between Breakwater Dr and Ocean St. for the Veteran's Day Parade on Thursday, November 11 between 10:00am-12:30pm. Passage Requires Majority Vote.
POSITION PAPER OF THE CITY CLERK The South Portland War Veterans Memorial Association is requesting the temporary street closure of Broadway between Southern Maine Community College(Breakwater Drive) and Mill Creek Park (Ocean St) on Wednesday, November 11, 2026 between 10:00am and 12:30pm for the annual Veterans' Day Parade.
6. ORDER #62-26/27 - Appointing Rebecca Barr, Ward Clerk (Pro Tempore), District Two, for the unexpired term until November, 2028 . Passage requires majority vote.
POSITION PAPER OF THE CITY CLERK The position of Ward Clerk for District Two is currently vacant. The municipal officers may confirm a nominee brought forward by the municipal clerk for a pro-tempore appointment. The City Clerk is requesting his appointment as pro-tempore Ward Clerk beginning November 3, 2026 election. Duties of the Ward Clerk include assisting the Warden in supervising the polling place on Election Day. District Two's polling place is the American Legion.
7. ORDER #63-26/27 - Authorizing Maine Department Of Transporation for Construction Overlimit Permit for Existing Project. Passage Requires Majority Vote.
POSITION PAPER OF THE CITY CLERK The Maine Department of Transportation (MDOT) seeks a construction overlimit permit will be issued for Construction of a Multi-use Path (Project No. 018638).

E. CITIZEN DISCUSSION (PART I)
Members of the public will be given up to 3 minutes to speak on any item on or off the agenda during Citizens Discussion Part I. Members of the public who spoke on any agenda item (including workshops) will not be able to speak on that item again during this time. Members who spoke during Citizen Discussion Part I will not be able to speak during Citizen Discussion Part II.

Reminders:

F. PUBLIC HEARINGS AND ACTION

1. EMERGENCY ORDINANCE #10-26/27 - An Emergency Ordinance to Enact Immigration Enforcement Restrictions in the City of South Portland. Passage Requires a Unanimous Vote of All Members of the Council Present and Voting with at Least Six (6) Members Present and Voting.
POSITION PAPER OF THE CITY MANAGER Following the October 13, 2026 workshop on this topic, Council directed staff to bring forward an emergency ordinance, revise the federal-agency terminology to “ICE”, and provide an alternative including the School Department if legally permissible.
2. Order #64-26/27 Authorizing a condemnation order to be filed in the office of the municipal clerk to condemn an interest in and to the property for the Pearl Street Pump Station Force Main. Passage Requires Majority Vote.
POSITION PAPER OF THE CITY MANAGER
3. ORDINANCE #7-26/27 - Amending Chapter 27, "Zoning", regarding a Zoning Text Amendment to amend building coverage allowance in the Light Industrial Zoning District - 200 John Roberts Rd (PID 2366). First Reading Passed October 13, 2026. Passage Requires Five (5) Affirmative Votes. ROLL CALL VOTE.
POSITION PAPER OF THE CITY MANAGER ElleVet Sciences is seeking a Zoning Text Amendment to amend Section 27-904 for the Light Industrial (IL) Zoning District to change the building coverage allowance from 30% to at 40%. The Planning Board held a duly-noticed public hearing on Ordinance #7-26/27 on September 23, 2026 and unanimously recommended approval of the amendment (5-0). The draft Planning Board minutes are attached.

G. ACTION ON OLD AND NEW BUSINESS

1. ORDINANCE #8-26/27 - Amending Chapter 27, "Zoning", regarding A and G District Setbacks and Miscellaneous Amendments. First Reading. Passage Requires Majority Vote.
The City of South Portland is seeking a Zoning Text Amendment to Increase Minor Amendment allowances for changes to landscaped area, Reduce minimum required front yard setbacks in the A and G Zoning districts Allow a one-foot side yard setback reduction in the A and G Zoning districts for nonconforming building expansions, and
2. ORDINANCE #9-26/27 - Amending Chapter 27, "Zoning", regarding a Zone Map Amendment to extend the Limited Business (LB) Zoning District. First Reading. Passage Requires Majority Vote.
The City of South Portland is seeking a Zoning Map Amendment to extend the Limited Business (LB) Zoning District on the south side of Cottage Road from Edgewood Road to the Cape Elizabeth town line, converting 11 properties (addressed as 503, 505, 507, 509, 511, 515, 519, 521, 529, 531, and 535 Cottage Road) from the Residential A District to LB.

H. WORKSHOP DISCUSSION

1. DEP/CDC Final Six-Year Air Quality Report & Fenceline Monitoring Update
POSITION PAPER OF THE CITY MANAGER The City of South Portland has been actively engaged in ambient air-quality monitoring since 2019 in response to longstanding community concerns regarding odors and air emissions associated with petroleum storage facilities along the waterfront, as well as federal Clean Air Act enforcement actions involving petroleum terminal operations in the City. In response to these concerns, the City partnered with the Maine Department of Environmental Protection (Maine DEP) to collect air-quality data and the Maine Center for Disease Control and Prevention (Maine CDC) to assess the potential public-health implications of that data.
1. Fenceline Step-Out VOC Study The most significant proposed next phase is a one-year Fenceline Step-Out VOC Study. The six-year VOC report and the new fenceline monitoring report together establish an important question that the existing monitoring programs cannot fully answer: where elevated benzene concentrations are measured at or near a terminal fenceline, how quickly do those concentrations decline as air moves toward nearby residential areas? The fenceline report is particularly relevant because Maine DEP identified CITGO and South Portland Terminal as the South Portland facilities where long-term average benzene concentrations above the AAG occurred at monitoring locations near residential homes.
2. Comprehensive Plan / Residential Land Use Near Petroleum Storage Facilities The City's recently adopted Comprehensive Plan intentionally deferred decisions regarding significant new residential development near petroleum storage facilities until additional air-quality and public-health information was available. Policy 5.C.14 provides that significant new residential zoning near facilities with potential or current significant VOC emissions should only be considered following an evidence-based analysis from credible scientific sources demonstrating acceptable conditions for long-term occupancy. The policy also expressly allows the City to consider residential separation standards to minimize health risks.
3. Continued Fenceline Monitoring Petroleum facilities will continue the Chapter 171 fenceline monitoring program for the foreseeable future. This will provide an increasingly robust dataset against which future results, trends and the step-out study can be evaluated.
4. SPOD Monitoring DEP intends to continue the City's existing SPOD monitoring until one complete year of total-VOC data has been collected at each sensor location. These sensors provide information on total VOC concentrations and can assist in identifying short-duration changes that may not be captured by periodic 24-hour canister sampling. It is also important to distinguish the 24-hour and 14-day monitoring results from concerns regarding very short-duration or “burst” emissions. Averaging concentrations over 24 hours or 14 days may not capture brief concentration spikes occurring within those periods. The SPOD monitoring therefore remains useful because it provides substantially greater temporal resolution than either the canister or passive-sampler programs.
5. Petroleum Tank Headspace Study (aka "Burst Emissions" Study) Maine DEP's compliance staff are also beginning a separate study of petroleum tank headspaces, sometimes referred to locally as the “burst emissions” study. This work is intended to better characterize VOC concentrations within tank headspaces and improve understanding of emissions that may occur during short-duration operational events. It complements the ambient, fenceline and Step-Out monitoring programs, which primarily evaluate concentrations averaged over longer periods. Staff are still in negotiations with DEP and the tank operators on the parameters of this study.
6. Transition of the Existing 24-Hour Canister Network With six years of data now available, DEP does not believe continued sampling at most of the existing HAPs canister locations is likely to provide significant new information. DEP's current proposal is therefore to discontinue most of those locations following the October presentation while retaining three targeted monitoring points: Portland Ocean Gateway, because it is part of DEP's statewide HAPs monitoring network; a replacement for Pearl Street, preferably near a Chapter 171 fenceline monitor in an area where historically higher concentrations have been measured, to provide a quality-control comparison with the fenceline data. The value of retaining a Pearl Street-type location is reinforced by the consistency between the two monitoring programs. Pearl Street's approximately 0.7 ppb long-term benzene average from the 24-hour canister program falls within the range measured by the newer CITGO fenceline monitoring network. Maintaining a canister near a fenceline monitor would therefore provide an ongoing quality-control comparison between two different monitoring methodologies; and

I. CITIZEN DISCUSSION (PART II)
Members of the public will be given up to 3 minutes to speak on any item on or off the agenda during Citizens Discussion Part I. Members of the public who spoke on any agenda item (including workshops) will not be able to speak on that item again during this time. Members who spoke during Citizen Discussion Part I will not be able to speak during Citizen Discussion Part II.
J. COMMUNICATION FROM THE CITY MANAGER
K. COUNCILOR'S ROUND ROBIN
L. EXECUTIVE SESSION
M. ADJOURNMENT

1. Adjourn Items may only be introduced after 11:00 p.m. upon a majority vote of Councilors present and voting. Items on a regular meeting agenda not introduced pursuant to this rule shall be placed on the next regular meeting agenda.

Where this came from

South Portland meetings portal
The outline above is read from the town's posted agenda, in the town's words. Links open in a new tab.

Agenda ↗

The summary and transcript follow the meeting, once reviewed.