Housing & Economic Development Committee — Portland, ME
Date: 2025-09-23
Time: 17:30

Housing & Economic MEMBERS
Development Committee Meeting Councilor Pious Ali, Chair
Tuesday, September 23, 2025 at 5:30 PM Councilor Regina Phillips
 Councilor Kate Sykes
 Councilor Sarah Michniewicz



To submit written public comment on an agenda item, email edd@portlandmaine.gov. Submissions must be
received by 12:00 pm the day before the Housing & Economic Development meeting to guarantee their
inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To help
ensure your comment is submitted for the correct item, please include the name of the agenda item (see below).

REMOTE ACCESS INFORMATION

The Housing & Economic Development Committee will conduct this meeting remotely via Zoom pursuant to
the Remote Meeting Policy adopted by the Portland City Council. Allow your computer to install the free Zoom
app to get the best meeting experience. If you are not able to attend live either in person or via Zoom, a
recording will be available in the Agenda Center following the meeting.

For public comment via Zoom, you will need to use the "raise your hand" feature. To raise your hand via the
telephone, please hit *9. You will be unmuted by the host when it is time for public comment.

Please click the link below to join Zoom meeting:

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1. Review and accept Minutes of previous meeting held on July 15, 2025.

 a. See attached draft meeting Minutes.
 (Public Comment) Review and recommendation to the City Council regarding
2.
 request by the VFW to waive Poker License Fee - Zach Lenhart

 a. See attached Memorandum and backup.
 b. See attached 2025 License Fees
 (Public Comment) Review and recommendation to the City Council Agreement for
3.
 2026 Back Cove Festival - Ethan Hipple

 a. See attached Memorandum and backup.
 b. Public Comment Received
 Discussion: Restaurant industry workforce and labor issues - Review Downtown
4. Transit Oriented Development Tax Increment Financing District eligible uses for
 potential ways to assist the restaurant industry - Greg Watson

 a. See attached Memorandum and backup.
5. Communication Only: Quarter 2 Rent Control Report

 a. See attached Q2 Rent Control Report.
 (Public Comment) Review and recommendation to the City Council regarding the
6. issuance of an RFP for a Licensed Early Childhood Education Provider at City-
 owned property known as BC2 - Dena Libner

 a. See attached Memoranda and backup.
 Oral Communication: HEDC to discuss Performance Hall Moratorium at its October
7.
 21, 2025, meeitng.

 (Public Comment) Review and recommendation to the City Council on a request for
8. loan funding from the Jill C. Duson Housing Trust Fund for Lambert Woods
 North/622 Auburn Street - Mary Davis

 a. See attached Memorandum and backup.



 2
 (Public Comment) Review and recommendation to the City Council of approval of an
9. Amendment to the Declaration of Condominium for Dougherty Commons Phase -
 Mary Davis

 a. See attached Memorandum and backup.
 Executive Session: Pursuant to 1 M.R.S.A. 405(6)(C) and 5 M.R.S.A. 13119-A, the
10. Committee will go into executive session to provide direction to staff regarding the
 disposition of City-owned property at 21 Randall Street - Mary Davis



Next Meeting Date: October 21, 2025




 3

Housing & Economic MEMBERS
Development Committee Meeting Councilor Pious Ali, Chair
Tuesday, September 23, 2025 at 5:30 PM Councilor Regina Phillips
 Councilor Kate Sykes
 Councilor Sarah Michniewicz



To submit written public comment on an agenda item, email edd@portlandmaine.gov. Submissions must be
received by 12:00 pm the day before the Housing & Economic Development meeting to guarantee their
inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To help
ensure your comment is submitted for the correct item, please include the name of the agenda item (see below).

REMOTE ACCESS INFORMATION

The Housing & Economic Development Committee will conduct this meeting remotely via Zoom pursuant to
the Remote Meeting Policy adopted by the Portland City Council. Allow your computer to install the free Zoom
app to get the best meeting experience. If you are not able to attend live either in person or via Zoom, a
recording will be available in the Agenda Center following the meeting.

For public comment via Zoom, you will need to use the "raise your hand" feature. To raise your hand via the
telephone, please hit *9. You will be unmuted by the host when it is time for public comment.

Please click the link below to join Zoom meeting:

https://portlandmaine-gov.zoom.us/j/81779728167?pwd=onmtwJOhbdivi0izaVdYvfD7BQw0Wf.1
Passcode:720112

Phone one-tap:
+13126266799,,81779728167# US (Chicago)
+16469313860,,81779728167# US

Join via audio:
+1 312 626 6799 US (Chicago)
+1 646 931 3860 US
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Washington DC)
+1 305 224 1968 US
+1 309 205 3325 US
+1 564 217 2000 US
+1 669 444 9171 US
+1 669 900 6833 US (San Jose)
+1 689 278 1000 US
+1 719 359 4580 US
+1 253 205 0468 US
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 360 209 5623 US
+1 386 347 5053 US

 1

 Page 1
+1 507 473 4847 US
Webinar ID: 817 7972 8167
International numbers available: https://portlandmaine-gov.zoom.us/u/kdjs62WoLt

1. Review and accept Minutes of previous meeting held on July 15, 2025.

 a. See attached draft meeting Minutes.
 (Public Comment) Review and recommendation to the City Council regarding
2.
 request by the VFW to waive Poker License Fee - Zach Lenhart

 a. See attached Memorandum and backup.
 b. See attached 2025 License Fees
 (Public Comment) Review and recommendation to the City Council Agreement for
3.
 2026 Back Cove Festival - Ethan Hipple

 a. See attached Memorandum and backup.
 b. Public Comment Received
 Discussion: Restaurant industry workforce and labor issues - Review Downtown
4. Transit Oriented Development Tax Increment Financing District eligible uses for
 potential ways to assist the restaurant industry - Greg Watson

 a. See attached Memorandum and backup.
5. Communication Only: Quarter 2 Rent Control Report

 a. See attached Q2 Rent Control Report.
 (Public Comment) Review and recommendation to the City Council regarding the
6. issuance of an RFP for a Licensed Early Childhood Education Provider at City-
 owned property known as BC2 - Dena Libner

 a. See attached Memoranda and backup.
 Oral Communication: HEDC to discuss Performance Hall Moratorium at its October
7.
 21, 2025, meeitng.

 (Public Comment) Review and recommendation to the City Council on a request for
8. loan funding from the Jill C. Duson Housing Trust Fund for Lambert Woods
 North/622 Auburn Street - Mary Davis

 a. See attached Memorandum and backup.



 2

 Page 2
 (Public Comment) Review and recommendation to the City Council of approval of an
9. Amendment to the Declaration of Condominium for Dougherty Commons Phase -
 Mary Davis

 a. See attached Memorandum and backup.
 Executive Session: Pursuant to 1 M.R.S.A. 405(6)(C) and 5 M.R.S.A. 13119-A, the
10. Committee will go into executive session to provide direction to staff regarding the
 disposition of City-owned property at 21 Randall Street - Mary Davis



Next Meeting Date: October 21, 2025




 3

 Page 3
 Minutes

 Remote Housing and Economic Development Committee

 July 15, 2025

 NOTE: This meeting was held via Zoom and can be viewed at this link:

 http://www.portlandmaine.gov/1695/Economic-Development-Committee These

  Minutes provide a record of those in attendance, general discussion taking place, and

  motions made.

 A remote meeting of the Housing and Economic Development Committee (HEDC) of

  the Portland City Council was held on Tuesday, July 15, 2025, at 5:30 p.m. via Zoom. Present

  from the HEDC were Chair Pious Ali, and members, Sarah Michniewicz, Regina Phillips,

  and Kate Sykes. Also present were City Council members Anna Bullett and Wesley Pelletier.

  Present from the City staff were Housing and Economic Development Department Director

  Greg Watson, Housing and Community Development Division Director Mary Davis,

  Corporation Counsel Michael Goldman, Assistant City Manager Dena Libner, Housing

  Program Coordinator Lauren Bowen, Principal Administrative Officer Lori Paulette, and

  Housing Program Manager Victoria Volent.

Item #1: Review and accept Minutes of previous meeting held on July 1, 2025

 On motion made by Councilor Michniewicz, seconded by Councilor Sykes, the Committee

voted 4-0 to accept the Minutes from the July 1, 2025 meeting.

Item #2: Update on projects by Maine Cooperatives Development Partners and review and

vote on a recommendation to the City Council for Dougherty Commons and Lambert

Woods South. NOTE: The Committee may go into executive session pursuant to 1




 1


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M.R.S.A. 405(6)(C) and 5 M.R.S.A. 13119-A to review and discuss proprietary information

and provide direction to staff (Public Hearing)

 Matt Peters of Maine Cooperative Development Partners presented an update on the

status of their residential housing projects in Portland. The Dougherty Condos project currently

has 15 potential buyers for 20 available condominium units. This project should be completed

by October or November of this year. Phase 3 of the Dougherty Commons sites is before the

Committee with a request to amend the Declaration of Covenants to allow MCDP to construct 42

condominiums as opposed to rental units. This project has a construction start date of early 2026

and a completion date of late 2026. The Lambert Woods South project would be a phased

project with a funding request of $2.2 M (rather than $4. M) and an AHTIF (75% for 30 years).

The construction start date of Phase 1 (two 11 unit buildings) would be early 2026 with a

potential move in date of Winter 2026.

 Mary Davis also provide an update regarding projects under development at 622 Auburn

Street (Lambert Woods North), 165 Lambert Street (Lambert Woods South) and 45 Dougherty

(Dougherty Condo Phase II and II) and approval and recommendation to the City Council of a

Third Amendment to the Purchase and Sale Agreement for 165 Lambert Street along with $2.2

million loan from Jill C. Duson Housing Trust Fund and Affordable Housing Tax Increment

Financing District and Credit Enhancement Agreement. The Lambert Woods North project has

experienced delays that may result in a future funding request from the Jill C. Duson Housing

Trust Fund (HTF). Phase 3 of the Dougherty Commons development was originally proposed as

limited equity cooperative housing units. Maine Cooperative Development Partners (MCDP)

requested an amendment to the original Purchase and Sale Agreement to construct rental units.

MCDP is now requesting a third amendment to the Purchase and Sale Agreement to allow for the



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development of condominium units. The Lambert Woods South project has presented a new pro

forma for the development of 90 cooperative housing homes at 165 Lambert Street. Based on

the new financing options, staff is recommending approval of $2.2 M in funding from the HTF.

In addition to this financing request, MCDP is requesting a one-year extension of the Purchase

and Sale Agreement. The proposed amendment to the Purchase and Sale Agreement also

includes, at the City’s request, a clause limiting the City’s obligation to reimburse the developer

to certain costs incurred prior to June 25, 2025. Those costs would be limited to design,

architecture, engineering, environmental, legal, 3rd party reports and permitting and approval

fees for the project.

 Committee members inquired into the reason for the request to create condominium units

at Phase 3 of Dougherty Commons and whether this change in housing type comports with the

City’s expectations for the site. Creating condominiums is closer to the type of housing (i.e.

limited equity cooperative housing) envisioned in the original submission plan and is consistent

with the proposed affordability levels. Condominiums allow for more control over monthly

housing expenses and, as the mortgage is paid down, the owner builds equity (though the earned

equity would be limited as the units are deed restricted to maintain long-term affordability for

future buyers). Committee members expressed concern that, while homeownership is a goal for

many, a good credit score is usually a key factor in obtaining a mortgage approval; and strong

credit is not universal and impacts who can gain access to a mortgage. Therefore rental units

create more housing opportunities for a wider range of people than condominium units.

 Councilor Ali opened the meeting to public comment on the amendments to the

covenants on the Dougherty Commons Condominium. Seeing no one, the public comment

period was closed.



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 On a motion made by Councilor Michniewicz, seconded by Councilor Sykes, the

Committee vote (4-0) to recommend to the City Council approval of an amendment to the

covenants on the Dougherty Commons Condominium to allow Dougherty Commons Phase 3 to

be developed as for-sale condominiums instead of rental housing;

 Councilor Ali opened the meeting to public comment for the recommendation to the City

council to approve the proposed third amendment to the Purchase and Sale Agreement for

Lambert Woods South. Seeing no one, the public comment period was closed.

 On a motion made by Councilor Sykes, seconded by Councilor Michniewicz, the

Committee vote (4-0) to recommend to the City Council approval of the proposed Third

Amendment to the Purchase and Sale Agreement with Maine Cooperative Development Partners

regarding the Lambert Woods South project located at 165 Lambert Street, in the form attached

to the staff memo.

 Councilor Ali opened the meeting to public comment for the recommendation to approve

$2.2 M in funding for the Lambert Woods South project. Seeing no one, Councilor Ali closed the

public comment period.

 On a motion made by Councilor Sykes, seconded by Councilor Michniewicz, the

Committee vote (4-0) to recommend to the City Council approval of $2,200,000 in funding from

the Jill C. Duson Housing Trust Fund for the Lambert Woods South project;

 Councilor Ali opened the meeting to public comment for the recommendation to

confirm the May 7, 2024 HEDC recommendation to approve an AHTIF District and CEA for

Lambert Woods South. Seeing no one, Councilor Ali closed the public comment period.




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 On a motion made by Councilor Sykes, seconded by Councilor Michniewicz, the

Committee voted (4-0) to recommend to the City Council to confirm the May 7, 2024 HEDC

recommendation to the City Council to approve an Affordable Housing Tax Increment Financing

District and Credit Enhancement Agreement, returning 75% of the increased tax revenues to the

developer over 30 years.

Item #3: Public Hearing: Review and recommendation to the City Council regarding

HOME-ARP Funding recommendation.

 Mary Davis presented the recommendation to appropriate funding from the American

Rescue Plan aka HOME-ARP funding. The HOME-ARP program is intended to provide

affordable rental housing, tenant based rental assistance, supportive housing services, and non-

congregate shelter development, and other resources to HOME-ARP Qualifying Populations

(QPs) which includes individuals experiencing homelessness and other vulnerable populations.

Youth and Family Outreach (YFO) is proposing to construct an expanded childcare facility and

60 new affordable rental units which would include 10 units designated for HOME-ARP

qualifying populations. The recommended award is $950,000. Greater Portland Family Promise

(GPFP) proposes to rehabilitate a two-family dwelling in Portland to serve as transitional

housing for four families meeting HOME-ARP eligibility. The recommended award is

$479,000. The non-profit organization Commonspace proposed to provide supportive services

for its Torchlight program, peer support program, recovery coaching, and residential services

across four Portland and Cumberland County properties . The recommended award is

$471,454.45. The non-profit organization Milestone proposes to provide supportive services to

three key programs (HOME Team; HOPE Program; Housing Navigator Program) for HOME-

ARP qualifying populations. The recommended award is $197,000. The non-profit organization



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Preble Street proposes to provide supportive services through its Site-based Housing First and

Rapid Rehousing programs for HOME-ARP qualifying populations. The recommended award is

$350,718.55. These recommendations also need to be approved by the Cumberland County

Commissioners.

 Committee members held a discussion regarding Preble Street’s Housing First programs,

specifically asking if the State has property condition requirements, if they monitor the

properties, and who is responsible for the condition of the units. In regards to Portland’s housing

first developments, Avesta is the owner of the properties while MaineHousing monitors the

tenants and the condition of the properties (as noted in the funding agreements). The Committee

requested hearing more about the annual inspection report from MaineHousing for Logan House.

 The Committee discussed a webpage from another community that lists service

providers who have signed MOUs or other funding agreements, outlining the responsibilities of

both the city and the providers, and specifying that funds can be reclaimed if the providers fail to

meet their obligations. The Committee noted there is no overview in Portland, and that the city

should provide one place on their website providing the amount of allotted funding and the name

of the recipients. Strategic and quantifiable outcomes are not being communicated to the

Council or citizens. The desire is to make sure public officials have a good understanding of

what the needs are and how to solve them.

 The Committee held a discussion on the Community Development Block Grant

program. They inquired into receiving more data, beyond just providing the number of people

served, from service providers.




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 The Committee also discussed being mindful of creating overburdensome policy and

procedure requests or duplicating data and outcome reporting requirements that the Health and

Human Services Department already collects and discusses on a regular basis.

 Also noted was the opportunity for Committee members to bring concerns about service

provider reporting and outcomes to the HHS Committee or the CDBG Working Group. The

public may also review oversight information available through Form 990 tax filings and audits,

and Charity Navigator. Current best practice is to require less reporting as it is cumbersome and

precludes the time spent actually providing supportive services.

 Councilor Ali opened the meeting to public comment. Seeing no one, Councilor Ali

closed the public comment period.

 On a motion made by Councilor Phillips, seconded by Councilor Michniewicz, the

Committee voted (3-1) (Sykes) to recommend to the City Council the HOME-ARP funding

recommendation.

Item #4: Policy Discussion – Review of section of the Rent Control Ordinance that the City

Council could amend.

 Mr. Goldman introduced the item noting that there are two referenda – one from 2020

and one from 2022. Per the City Code, ordinance amendments approved through the citizen

initiative process cannot be repealed or amended for five years after the effective date of the

ordinance, except through another election. For the 2020 initiative, the Council will be able to

amend those provisions in December 2025. Given that short period of time, he noted that he did

not address that initiative.

 For the 2022 initiative, the five years ends December 2027, and his memo and backup

addresses that initiative. Mr. Goldman also noted that beginning on page 20 of 60, Exhibit B, the



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yellow highlights show all the sections that changed by the 2022 initiative. He invited

Committee members to look through it to see what part of the ordinance it would like to review

to possibly go back to the voters to weigh in on. This will be a process for the Committee and

will not be done in one or two meetings.

 The Committee had clarifying questions and noted the Rent Board may need to be

consulted with, as well as how other municipalities may deal with this and how it is enforced.

Item #5: Review and recommendation to the City Council of a proposed RFP to lease

space at the Barron Center for a Child Care Facility

 Mr. Watson apologized for the confusion on having this item placed on the Agenda late

this afternoon. There is a new memo from Councilor Sykes with her recommendations for

amendments to the proposed RFP. If the Committee feels it needs to postpone to review, it can

be taken up at another meeting. Public comment has already been taken on this item.

 After discussion, the Committee consensus was to postpone the item to be able to review

the new information.

 On motion then made by Councilor M., seconded by Councilor Phillips, the Committee

voted 4-0 to adjourn the meeting at 7:45 p.m.

 Next meeting is scheduled for September 16, 2025.

 Respectively submitted, Lori Paulette and Victoria Volent




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City of Portland | Permitting and Inspections
Zachary Lenhert, Licensing and Housing Safety Manager




To: Housing and Economic Development Committee
 Councilor Pious Ali, Chair



MEETING DATE
September/23/2025

AGENDA ITEM
Agenda Item # 2 – Review and Recommendation to the City Council regarding request by
the VFW to waive Poker License Fee

PURPOSE
Form a recommendation for City Council on a license fee waiver request pursuant to
Chapter 15, Section 15-12.1 Waiver of fees.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
In accordance with Section 15-12.1 of City Code, the Council is authorized to grant waivers
or reductions of license fees; a recommendation from HEDC is requested prior to Council
consideration.

BACKGROUND/ANALYSIS
Veterans of Foreign Wars (VFW) Post 6859, a nonprofit organization, is requesting the fee
for their beano/bingo license be waived pursuant to Chapter 15, Section 15-12.1 Waiver of
fees.

The relevant text of Chapter 15, Section 15-12.1 Waiver of fees is:
The city council may, in its discretion, waive or reduce any fee required of any nonprofit
organization where the council determines that the purpose of the licensed activity or the
funds to be raised by the activity are of direct benefit to the citizens of the city.
…

The VFW has paid the license fee and received the license. If the City Council approves the
request, the organization will receive a refund for the fee. This fee is required at the time of
every license renewal application, which occurs annually; as such, a fee waiver or reduction
request would need to be requested annually, as well.




 389 Congress Street, Portland, Maine 04101 | 207-874-8557 | bl@portlandmaine.gov

 Page 12
In January 2024, HEDC considered a waiver request related to this applicant’s 2024 license
fees. At that time, HEDC recommended (3-1) that 50% of the 2024 fees be waived.

FISCAL IMPACT
N/A

CONCLUSION(S)
N/A

PRIOR COMMITTEE REVIEW
HEDC reviewed the VFW’s 2024 Beano license fee waiver request on January 23, 2024. At
that time, HEDC recommended that 50% of the 2024 fee be waived.

PREPARED BY
Zachary J. Lenhert
Licensing and Housing Safety Manager
Permitting and Inspections

ATTACHMENTS

VFW Request for Waiver letter




 389 Congress Street, Portland, Maine 04101 | 207-874-8300 | info@portlandmaine.gov

 Page 13
Page 14
 ​CITY OF PORTLAND​
 ​Permitting and Inspections Department​




 ​2025 License​ ​Fee​

​Class I FSE​ ​$1136​

​Billiards​ ​$33​

​Indoor Entertainment​ ​$500​

​Beano/Bingo​ ​$104​

 ​Total​ ​$1773​




  ​389 Congress Street / Portland, Maine 04101 /​​www.portlandmaine.gov​​/ tel: 207-874-8703 / fax: 207-874-8716​

 Page 15
City of Portland | Parks, Recreation, and Facilities Department
Ethan Hipple, Director



To: Housing and Economic Development Committee
 Councilor Pious Ali, Chair




MEETING DATE
September 23, 2025

AGENDA ITEM
Consideration of the multi-year Back Cove Festival Agreement at Payson Park

PURPOSE
To review a proposed three year agreement (2026-2028) with an option to renew for another
three years, made by the organizers of the Back Cove Music and Arts Festival.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
Committee and Council review is required to move forward with a multi-year agreement for an
event of this size and scope.

BACKGROUND/ANALYSIS
The Back Cove Music and Arts Festival was approved by City Council on December 16, 2024 and
took place August 2 & 3, 2025. An extended multi-year agreement is being proposed and brought
to this HEDC Committee for review and recommendation to the City Council in early October.

City Staff believe the 2025 festival went very well, for a first time, large-scale two-day festival.
City Staff reported no arrests, or major attendee issues. Typical festival medical response was
provided (band aids, sunscreen) and only (2) non-life threatening medical transports. Vehicular
traffic around the area was less than anticipated. The remote parking arrangements, with shuttle
service and on-site bicycle valet worked well in reducing the need for on-site parking and only 22
parking tickets were issued in the area surrounding Payson Park. Damage to Payson Park was
minimal and costs of repair did not exceed the deposit provided by the organizers.

Organizers have proposed a three year agreement (2026 - 2028) with an option to renew for an
additional three years. The agreement has been negotiated, prepared, and reviewed by City Staff
Leadership and Corporation Counsel. The primary terms of the agreement, including those
related to event capacity, and the festival footprint remain unchanged. Highlights of the
agreement include:

 ● The term of three years (2026 - 2028) with the option to renew an additional three years.




 1
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 Page 16
 ●​ An escalating ticket fee schedule to be paid to the City (from $1 per ticket in year one, to
 $1.50 in year two, to $2 in year three) which should increase revenue to the City annually.
 ●​ Bolstered Termination for Cause language
 ●​ Organizers may not assign, pledge, sublet or transfer any interest or right granted by this
 agreement.

A presentation was made to the Parks Commission on September 4, 2025, and their
recommendation is included with the support materials.

City Staff recommend moving forward with the agreement and are available for any questions.

FISCAL IMPACT
With this agreement, organizers will reimburse the City for the cost of all staffing services and
expenses related to the festival. The organizers will make a $100,000 donation to the Portland
Parks Conservancy, which will be used to support an improvement project in the Portland Parks
System. A fee assessed to all tickets sold will be paid to the City, and will escalate each year of the
three year agreement (2026 - $1.00. 2027 - $1.50. 2028 - $2.00). Organizers will be financially
responsible for costs of all permits, licenses, and deposits necessary to hold the festival.
Organizers will be responsible for all costs associated with restoration and repair of Payson Park,
separately from the per-ticket fee and Parks Conservancy donation.

CONCLUSION(S)
City Staff feel the first year of the Back Cove Music and Arts Festival went very well. It was
managed professionally and with good communication and collaboration between the City and
festival organizers. With approval of this agreement, City staff are confident steps can be made to
improve each year.

PRIOR COMMITTEE REVIEW
Portland Parks Commission - September 4, 2025 (Letter attached)

PREPARED BY

Ethan Hipple Andrew Downs
Department Director Director, Public Assembly Facilities
Parks, Recreation, & Facilities Parks, Recreation, & Facilities


ATTACHMENTS
Attachment A -Amended and Restated Agreement between City of Portland and Portland Music
Festival, LLC.

Attachment B - Portland Parks Commission Statement on the Back Cove Music Festival at
Edward Payson Park
​




 2
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 Page 17
 AMENDED AND RESTATED AGREEMENT BETWEEN

 CITY OF PORTLAND AND PORTLAND MUSIC FESTIVAL, LLC

 THIS AGREEMENT made this day of ___________, 2025 (the “Effective Date”), by

and between the CITY OF PORTLAND, a body politic and corporate situated in the County of

Cumberland, State of Maine (hereinafter “CITY”) and PORTLAND MUSIC FESTIVAL, LLC

a Delaware corporation, having a place of business at 32 Front Street, Hartford CT 06103

(hereinafter “PORTLAND MUSIC FESTIVAL, LLC”), for the use of Edward Payson Park

(“Payson Park”) for the purpose of conducting a festival.


 WHEREAS, on December 16, 2024, the Portland City Council approved an Order

declaring August 2 and August 3, 2025 the Portland Music and Arts Festival at Payson Park which

is attached hereto as Exhibit A (hereinafter “Council Order”) the terms of which are incorporated

herein by reference;


 WHEREAS, PORTLAND MUSIC FESTIVAL, LLC is a joint venture between

GoodWorks Entertainment and Shore Sound Entertainment and hereby agrees to assume all of the

obligations set forth in the Council Order;


 WHEREAS, on or about July 28, 2025, the parties entered into a written agreement (the

“Original Agreement”) granting PORTLAND MUSIC FESTIVAL, LLC and its officers, agents,

and employees access to Payson Park for the purpose of preparing the Premises (as defined below)

for the Event (as defined below) only during the period from 6:00 a.m. July 27, 2025 to 11:59 p.m.

on August 6, 2025.


 WHEREAS, the parties now wish to amend and restate the Original Agreement to grant

PORTLAND MUSIC FESTIVAL, LLC and its officers, agents, and employees access to Payson

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 3 of 26

 Page 18
Park for the purpose of preparing the Premises for and operating the Event for another three (3)

year term beginning in the year 2026 and ending in the year 2028, with the parties having the

option to mutually extend the term for another three (3) years thereafter, beginning in the year

2029 and ending in the year 2031, subject to the terms and conditions herein.


 WHEREAS, the parties wish to memorialize the responsibilities of both parties and the

terms and conditions by which PORTLAND MUSIC FESTIVAL, LLC is authorized to use

Payson Park.


 NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is

hereby acknowledged, the parties agree as follows:


 I. DEFINITIONS

 1-A. Definitions. As used in this Agreement, the following terms shall be as defined in
this section:

 a. Beverage Service shall mean the service of alcoholic beverages.

 b. City Manager shall mean the City Manager of the City of Portland and their
 designee.

 c. Director shall mean the Director of the Public Assembly Facilities Division of
 the Parks, Recreation and Facilities Department.

 d. Event is intended to refer to an annual “Back Cove Music and Arts Festival”
 which includes the activities described on the attached Exhibit B, which is
 made a part of this Agreement and is incorporated herein. Event shall also mean
 any additional Events approved in writing by the City Manager, which approval
 shall be in the sole discretion of the City Manager.

 e. Premises includes all of the temporarily fenced-in area of Payson Park where
 all festival activity, including Beverage Service, will occur as depicted on the
 attached Exhibit C.

 II. TERM

 1. Term. Unless terminated sooner pursuant to the terms herein, this Agreement shall
commence upon the Effective Date reflected in the opening paragraph and extend through and

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including the third (3rd) anniversary date of the Effective Date (the “Initial Term”). The parties
further agree that, upon their mutual written consent, the term of this Agreement may be extended
for one (1) additional term of three (3) years, beginning on the third (3rd) anniversary date of the
Effective Date and ending on the sixth (6th) anniversary date of the Effective Date (the “Renewal
Term”). The access to Payson Park during the Renewal Term shall be upon the same terms and
conditions provided for herein for the Initial Term, except that there shall be no additional option
to extend the term for another three (3) years, unless the parties otherwise agree to different terms
and conditions in writing.

 III. USE OF PAYSON PARK

 2. Use of Payson Park. PORTLAND MUSIC FESTIVAL, LLC and its officers,
agents, and employees, will have access to Payson Park during the Initial Term and any Renewal
Term for the purpose of preparing the premises for and operating the 2-day Event, along with
associated set-up and tear-down dates, as detailed in Exhibit B. The specific dates for the Event
during each year of the Initial Term and any Renewal Term shall be mutually agreed upon by the
City and Portland Music Festival, LLC no later than ninety (90) days prior to the commencement
of the Event in each applicable year.

 3. City Access to Payson Park. The CITY reserves the right to enter all areas of
Payson Park and Premises at any time for any reason.

 4. Condition of Payson Park and Premises. Except as specifically provided below,
PORTLAND MUSIC FESTIVAL, LLC agrees to accept Payson Park and the Premises in its
existing condition at the time of commencement of the term of this Agreement. The CITY shall
have no responsibility whatsoever for site preparation, modification, set-up, removal or security
of event equipment, except as otherwise provided in this Agreement.

 5. Alteration of Payson Park. PORTLAND MUSIC FESTIVAL, LLC may not
alter Payson Park in any way without the prior approval of the Director. PORTLAND MUSIC
FESTIVAL, LLC may, however, erect temporary tents, stages, tables, booths, stands, and similar
structures on the Premises under the following conditions:

 a. A permit for the structure must first be obtained from the City of Portland
 Permitting and Inspections Department;

 b. Structures must be anchored by the use of weights/stakes; and

 c. Structures may be placed on the Premises no earlier five (5) days before the
 Event and must be removed no later than three (3) days after the Event (the
 “Removal Date”).

 6. Parking. All attendee and vendor parking shall occur outside of Payson Park
unless otherwise approved by CITY staff and shall not unreasonably interfere at any time with
access to Payson Park.

 7. Portable Toilets. PORTLAND MUSIC FESTIVAL, LLC shall be responsible
for providing and maintaining a mutually agreed upon number of regular and handicap accessible

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portable toilets no less than the number estimated in the Council Order. The location of portable
toilets must be approved in advance by CITY staff. Any and all costs associated with the delivery,
installation, maintenance and removal of the portable toilets shall be the sole responsibility of
PORTLAND MUSIC FESTIVAL, LLC.

 8. Accessibility. PORTLAND MUSIC FESTIVAL, LLC shall be responsible for
ensuring that accessibility is maintained to and within the Premises and Payson Park. Tents, stages,
tables, booths, stands, chairs and other structures erected must be placed so that they provide
adequate wheelchair and sidewalk access and do not interfere with access to the rest of Payson
Park consistent with applicable law. The adequacy of walkways and clearances shall be subject to
approval by the City of Portland Fire and Police Departments.

 a. PORTLAND MUSIC FESTIVAL, LLC shall not render, or allow any of its
 exhibitors, contractors, agents, invitees or other persons it permits on the
 Premises or in Payson Park to render any aisle or exit inaccessible. If the CITY
 determines that an aisle or exit is inaccessible, PORTLAND MUSIC
 FESTIVAL, LLC shall immediately remove the cause and return the Premises
 to compliance.

 b. PORTLAND MUSIC FESTIVAL, LLC shall not render, or allow any of its
 exhibitors, contractors, agents, invitees or other persons it permits on the
 premises to render, the Premises or any part thereof inaccessible to disabled
 persons. If the CITY determines that the Premises or any part thereof is
 inaccessible to disabled persons, PORTLAND MUSIC FESTIVAL, LLC
 shall immediately remove the cause and return the Premises to compliance. In
 the event that the interpretive services are requested, it shall be the
 responsibility of the PORTLAND MUSIC FESTIVAL, LLC to provide and
 pay for such services. PORTLAND MUSIC FESTIVAL, LLC shall
 indemnify, defend (by counsel reasonably acceptable to the CITY), and hold
 harmless the CITY from any and all claims, damages, losses, costs, expenses
 (including, without limitation, reasonable attorney’s fee) or liability of any kind
 whatsoever arising out of this Agreement and related to any claim that any part
 of the Premises was inaccessible to disabled persons during the Event.

 9. Restoration of Payson Park. Upon completion of the Event, PORTLAND
MUSIC FESTIVAL, LLC shall remove any and all structures, equipment and material from
Payson Park, and restore Payson Park to the condition it was in at the commencement of this
Agreement, unless otherwise agreed to by the CITY. Any equipment or material left beyond the
expiration of this Agreement will become the property of the CITY and may be removed and
disposed of at the CITY’s discretion. In such an event, all costs of removal and/or disposal
incurred by the CITY shall be the responsibility of PORTLAND MUSIC FESTIVAL, LLC.

 10. Damage to Payson Park. PORTLAND MUSIC FESTIVAL, LLC agrees to
provide the CITY with a $5,000 damage deposit no later than thirty (30) days prior to the Event
each year of the Initial Term and any Renewal Term. Deposit shall be used to cover the cost of
repairs to Payson Park or any other City property, if necessary. If the cost of repairs exceeds
$5,000, PORTLAND MUSIC FESTIVAL, LLC shall be solely financially responsible to cover

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the additional costs for restoring, replacing, and/or repairing all aspects of Payson Park that are
disturbed or damaged as a result of PORTLAND MUSIC FESTIVAL, LLC’s presence or work
on Payson Park or the presence or work of its employees, contractors, subcontractors, invitees or
volunteers except to the extent that the disturbance or damage was caused by the CITY or any of
the CITY’s officers, officials, managers, employees or agents. All restoration, repairs, and
replacement shall be subject to the following conditions:

 a. The CITY shall have sole discretion to determine the nature and extent of any
 such damage to Payson Park and shall have the sole discretion to determine the
 scope of the necessary repairs, restoration, or replacement.

 b. Prior to undertaking any repairs, replacement, or restoration under this section,
 the CITY will notify PORTLAND MUSIC FESTIVAL, LLC, and provide
 an estimate of the cost of any such work.

 c. The CITY shall perform, or contract for, the repairs, restoration, or
 replacement, and shall invoice PORTLAND MUSIC FESTIVAL, LLC for
 the full cost, which shall be paid within thirty (30) days of invoicing.

 d. The CITY, in its sole discretion and with prior agreement as to the scope,
 schedule and contractor to do the work, may authorize PORTLAND MUSIC
 FESTIVAL, LLC to complete the necessary work done at PORTLAND
 MUSIC FESTIVAL, LLC sole cost and expense. Such work shall be
 completed to the CITY's satisfaction.

 e. PORTLAND MUSIC FESTIVAL, LLC acknowledges and agrees that its
 obligation to repair, replace, and restore all aspects of Payson Park under this
 paragraph shall survive the expiration of this Agreement.


 IV. LIMITATION ON EVENT

 11. Dangerous Displays. PORTLAND MUSIC FESTIVAL, LLC shall not
authorize, stage or promote any act or performance in which pyrotechnics, explosives or display
of open flames are involved or used without separate written CITY permission.

 12. Attendance: No more than 12,500 people shall be allowed entry per day to each
year’s Event.

 13. Right to Close Events. The CITY reserves the right to close any Event to the
public, including to ticket holders, at any time to protect public safety, including but not limited to
addressing issues of overcrowding in aisles, exits or entrances or turnstile/ticket counts in excess
of the total number of tickets authorized prior to the event. Public admission to any Event shall be
limited so that the number of occupants at the Premises shall not exceed the number approved by
the Portland Fire Department. PORTLAND MUSIC FESTIVAL, LLC shall release, indemnify,
defend (by counsel reasonably acceptable to the CITY), and hold harmless the CITY from any


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and all claims, damages, loss, costs, expenses (including, without limitation, reasonable attorney’s
fees) or liability of any kind whatsoever resulting from such Event closures.

 14. Sound and Noise. PORTLAND MUSIC FESTIVAL, LLC will provide a sound
mitigation plan detailing their plan to limit the negative impact of sound and noise on the
surrounding community, including, but not be limited to, the following:

 a. PA Speakers for an Event shall be placed facing north east on the grass triangle
 and north west on Dyer Flats and be configured by PORTLAND MUSIC
 FESTIVAL, LLC, with the approval of the CITY, to focus volume on the
 immediate environment within the Premises.

 b. Any and all public announcement (PA) and other speakers or amplifiers used
 to amplify music or other sound shall be maintained at a level not to exceed an
 A-weighted 85 decibels / C-weighted 95 decibels measured from the perimeter
 of the Premises.

 c. PORTLAND MUSIC FESTIVAL, LLC shall be responsible for monitoring
 sound levels throughout the festival.

 d. PORTLAND MUSIC FESTIVAL, LLC shall reduce the volume of music or
 other amplified sound if above stated levels.

 e. PORTLAND MUSIC FESTIVAL, LLC agrees to an annual noise deposit in
 the amount of $1,000 no later than thirty (30) days prior to the date of the Event
 each year. CITY will retain the deposit if all of the following occur: the CITY
 receives three or more independent noise complaints; the CITY notifies
 PORTLAND MUSIC FESTIVAL, LLC of the noise complaints; and
 PORTLAND MUSIC FESTIVAL, LLC fails to address the noise adequately,
 as evidenced by additional noise complaints. Nothing in this paragraph shall
 be construed to interfere with the CITY’s ability to pursue any additional
 remedies for noise violations under this Agreement or under its ordinances.

 15. Minimum Service Levels. PORTLAND MUSIC FESTIVAL, LLC shall
reimburse the costs of all staffing services provided by the CITY. The City Manager or their
designee, shall determine the levels of services required for the Event, and PORTLAND MUSIC
FESTIVAL, LLC shall be responsible for paying for those services. The City Manager reserves
the right to increase amounts of staffing at any time if they deem it necessary to protect public
safety.

 V. VENDOR MANAGEMENT

 16. Vendor Compliance. PORTLAND MUSIC FESTIVAL, LLC shall be
responsible for ensuring that all vendors at an event have complied with appropriate license
requirements, including food service, sale of alcohol, street goods and concert licenses.
PORTLAND MUSIC FESTIVAL, LLC shall be responsible for all work performed by its
employees, agents and subcontractors or anyone hired or employed by PORTLAND MUSIC
FESTIVAL, LLC to perform services or provide supplies related to the Event.

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 17. Beverage Service. PORTLAND MUSIC FESTIVAL, LLC may provide
Beverage Service at the Premises for the Event under the following conditions:

 a. PORTLAND MUSIC FESTIVAL, LLC shall be responsible for validating
 Event attendees are of the legal drinking age in the State of Maine, and shall
 place wristbands on attendees of legal drinking age. Alcoholic beverages will
 not be provided to attendees who are not of legal drinking age and do not have
 a wristband.

 b. The sale of alcoholic beverages shall be limited to the time the venue doors
 open to attendees until one-half hour prior to the end of the performance at the
 Event.

 c. Alcoholic beverages may not be removed from the Premises.

 d. During an Event, PORTLAND MUSIC FESTIVAL, LLC shall contract hired
 security to secure the perimeter of the Premises to prevent attendees from
 leaving the Premises with alcoholic beverages.

 18. Merchandising. PORTLAND MUSIC FESTIVAL, LLC may sell, or contract
with a vendor(s) to sell merchandise in conjunction with an Event, including “soft goods,” such as
t-shirts, sweatshirts, banners, etc., and “hard goods,” such as recorded material, posters, program
books, books etc. PORTLAND MUSIC FESTIVAL, LLC is required to obtain all necessary
permits required to conduct those sales.

 19. Food and Non-Alcoholic Beverages. PORTLAND MUSIC FESTIVAL, LLC
may sell, or contract with a vendor(s) to sell food and non-alcoholic beverages in conjunction with
an Event. PORTLAND MUSIC FESTIVAL, LLC are required to obtain all necessary permits to
provide that service.



 VI. PAYMENTS TO THE CITY

 20. Payments Due to the City. PORTLAND MUSIC FESTIVAL, LLC agrees to
make the following payments to the CITY:

 a. PORTLAND MUSIC FESTIVAL, LLC shall pay to the CITY $1.00 per
 ticket sold for the annual Event in 2026, $1.50 per ticket sold for the annual
 Event in 2027, and $2.00 per ticket sold for the annual Event for 2028. Payment
 under this section shall be made to the CITY no later than ten (10) days after
 the Removal Date each year.

 b. PORTLAND MUSIC FESTIVAL, LLC shall make an annual donation for
 the duration of this agreement, in the amount of One Hundred Thousand Dollars
 ($100,000.00) per year to the Portland Parks Conservancy to be allocated
 towards an improvement project in Portland’s Park system, which shall be paid
 no later than thirty (30) days prior to each annual Event. The CITY agrees to

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 hold this amount in escrow until after the Removal Date each year and hereby
 agrees to refund such donation to PORTLAND MUSIC FESTIVAL, LLC if the
 CITY terminates this Agreement or the Event is canceled through no fault of
 PORTLAND MUSIC FESTIVAL, LLC after the donation has been paid with
 respect to each annual Event.

 21. Terms of Payment. Unless otherwise specifically provided in this Agreement, all
payments or reimbursements to the CITY pursuant to this Agreement shall be subject to the
following terms:

 a. Any amounts owed shall be paid within ten (10) days of invoicing.

 b. PORTLAND MUSIC FESTIVAL, LLC agrees to pay interest at the rate of
 one and one-half percent (1½ %) per month on any payment which is not made
 within the time limits set forth in this Agreement.



 VII. INSURANCE OBLIGATIONS

 22. Automobile and General Liability Insurance. Prior to the execution of this
Agreement, PORTLAND MUSIC FESTIVAL, LLC shall procure and maintain occurrence-
based Automobile Liability Insurance, Commercial General Liability Insurance, including
contractual and products liability, in amounts of not less than Two Million Dollars ($2,000,000)
per occurrence for bodily injury, death and property damage, and Two Million Dollars
($2,000,000) aggregate.

All vendors and/or subcontractors of PORTLAND MUSIC FESTIVAL, LLC shall provide the
City with proof of Automobile Liability Insurance and Commercial General Liability Insurance in
an amount of not less than One Million Dollars ($2,000,000) per occurrence for bodily injury,
death and property damage. In the instance where a vendor or subcontractor does not use an
automobile on the premises, Automobile Liability Insurance shall not be required.

 23. Sale of Alcohol and Liquor Liability Insurance. PORTLAND MUSIC
FESTIVAL, LLC or its subcontractors, are permitted to sell alcoholic beverages during the event
in Payson Park, provided that the following conditions are met. The CITY requires that all
alcoholic beverages shall be sold, distributed, and/or served by a Qualified Catering Service (28-
A M.R.S.A. §1076), licensed by the State of Maine. Said catering service shall submit to both the
State of Maine and the City of Portland City Clerk an Application for Catered Function by
Qualified Catering Service and shall provide a copy of the approved Application for Catered
Function to the CITY. PORTLAND MUSIC FESTIVAL, LLC and/or any vendor or
subcontractor providing alcohol at the Premises, shall obtain and provide Liquor Liability
Insurance, in an amount of not less than One Million Dollars ($2,000,000) per occurrence. A copy
of the certificate of insurance shall be provided to the CITY prior to any Event at which the vendor
is serving alcohol.




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 24. Workers’ Compensation Insurance. PORTLAND MUSIC FESTIVAL, LLC
and all of its vendors or subcontractors shall provide evidence of workers’ compensation
insurance, to the extent required by Maine Law, which shall include an endorsement waiving all
rights of subrogation against the City of Portland, its officers or employees.

 25. Terms of Insurance. All insurance required pursuant to this Agreement shall be
subject to the following terms:

 a. All insurance shall be obtained from insurers licensed to do business in the State
 of Maine and acceptable to the CITY, such acceptance not to be unreasonably
 withheld.

 b. With respect to the Automobile Liability, Commercial General Liability, and
 Liquor Liability Insurance, the CITY shall be named as an additional insured
 on all required policies, only in those areas where government immunity has
 been expressly waived by 14 M.R.S. A. § 8104-A, as limited by § 8104-B, and
 § 8111. This provision shall not be deemed a waiver of any defenses,
 immunities or limitations of liability or damages available to the CITY under
 the Maine Tort Claims Act, other Maine statutory law, judicial precedent,
 common law, or any other defenses, immunities or limitations of liability
 available to the CITY. All insurance shall be primary to any insurance the
 CITY may have.

 c. All certificates of insurance shall provide that they may not be canceled without
 thirty (30) days prior written notice to the CITY.

 d. PORTLAND MUSIC FESTIVAL, LLC and all of the vendors and
 subcontractors shall furnish the CITY and thereafter maintain certificates of
 coverage, prior to the execution of this agreement. They shall also provide the
 CITY with a copy of any endorsement naming the CITY as additional insured.
 Upon the CITY’s request, PORTLAND MUSIC FESTIVAL, LLC shall
 provide the CITY with a complete copy of any and all policies required by this
 agreement. CITY’S acceptance or lack of acceptance of any Certificate of
 Insurance or other evidence of insurance shall not be construed as a waiver of
 any obligation to obtain and maintain such insurance as required by this
 agreement. CITY shall immediately refuse any work in Payson Park and cancel
 any Event if the required certificates are not furnished within the required time.

 e. All insurance required by this agreement shall contain a waiver of subrogation
 rights against CITY.

 f. PORTLAND MUSIC FESTIVAL, LLC and all of their vendors or
 subcontractors shall be responsible for any and all deductibles and/or self-
 insured retentions which are not to exceed $10,000 without the prior written
 approval of CITY’s Corporation Counsel.



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 g. If PORTLAND MUSIC FESTIVAL, LLC and all of their vendors or
 subcontractors maintain broader coverage and/or higher limits than the
 minimum required by this agreement, the CITY requires and shall be entitled
 to the broader coverage and/or higher limits.

 h. Nothing herein shall be deemed a waiver of any defenses, immunities or
 limitations of liability or damages available to the CITY under the Maine Tort
 Claims Act, other Maine statutory law, judicial precedent, common law, or any
 other defenses, immunities or limitations of liability available to the CITY.

 i. PORTLAND MUSIC FESTIVAL, LLC and the CITY understand and agree
 that the minimum limits of the insurance herein required may become
 inadequate during the Initial Term or Renewal Term of this Agreement.
 PORTLAND MUSIC FESTIVAL, LLC agrees that it will increase such
 minimum limits by reasonable amounts upon receipt of notice in writing from
 the CITY. Such notices to change shall, in general, be issued no more often than
 every two (2) years. The CITY may take note of damage awards being granted
 by the Courts, however, and direct a reasonable increase in the minimum limits
 of the insurance requirements at any time during the term hereof. In no case
 shall such limits be less than the amount set forth under the Maine Tort Claims
 Act, as may be amended.


 VIII. INDEMNIFICATION AND RELEASE


 26. Indemnification. To the fullest extent permitted by law, PORTLAND MUSIC
FESTIVAL, LLC shall, at its own expense, defend (by counsel reasonably acceptable to the
CITY), indemnify, and hold harmless the CITY, its officers, agents, and employees, at all times
from any claims, liability, losses, costs, expenses (including, without limitation, reasonable
attorney's fees) fines, damages or judgments, just or unjust, that arise out of or result from the
activities hereunder (collectively, “Claims”), said Claims to include, without limitation, claims for
personal injury, death, or property damage, including, without limitation, injury or damage to City
employees or property, and including claims based upon violation of any law, including
environmental law or regulation governing hazardous substances, that arise out of or are caused
in whole or in part, by any act or omission of PORTLAND MUSIC FESTIVAL, LLC, its guests,
agents, officers, employees, partners or contractors or anyone for whose act it may be liable.
PORTLAND MUSIC FESTIVAL, LLC’S obligations under this paragraph shall survive the
termination of this Agreement.

 27. Release. PORTLAND MUSIC FESTIVAL, LLC hereby releases the CITY and
its officers, agents and personnel (collectively, the “Releasees”) from any and all claims, liabilities,
damages, losses, costs, fees and expenses arising out of or resulting, directly or indirectly, from
PORTLAND MUSIC FESTIVAL, LLC’s use of Payson Park, including, without limitation,
injuries, losses and damages for bodily injury (including disability or death) and property damage,
regardless of cause, including any and all claims, damages and liabilities that arise out of or result
from any actions or omissions, including negligence, on the part of any of the Releasees.

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PORTLAND MUSIC FESTIVAL, LLC promises not to sue any of the Releasees with respect
to any such claims or liabilities. This waiver and release is intended to be as broad as the law allows
and shall survive termination of this Agreement.

 IX. TERMINATION


 28.  Termination by the City. The City may terminate this Agreement, without prior
notice to PORTLAND MUSIC FESTIVAL, LLC, under any of the following conditions:

 a. A good faith determination by the City that PORTLAND MUSIC
 FESTIVAL, LLC has failed to comply with any of the terms or conditions of
 this Agreement, after providing PORTLAND MUSIC FESTIVAL, LLC with
 written notice and a reasonable opportunity to cure such failure.

 b. Failure of PORTLAND MUSIC FESTIVAL, LLC to respond appropriately
 to excessive and substantiated noise complaints about the Event as provided in
 this Agreement or otherwise, which complaints reflect significant public
 inconvenience or other breaches of the peace, as determined by the City
 Manager, after providing PORTLAND MUSIC FESTIVAL, LLC with
 written notice and a reasonable opportunity to remedy such complaints.

 c. Upon determination by the City that PORTLAND MUSIC FESTIVAL, LLC
 has made material misrepresentations to the CITY in connection with its use or
 occupancy of any of Payson Park.

 d. The CITY determines, in its discretion, that it is prevented from furnishing use
 of the Premises, or any portion thereof, to PORTLAND MUSIC FESTIVAL,
 LLC on the dates scheduled due to structural failure, flooding, fire damage or
 other physical damage to the Premises.

 e. The CITY determines, in its discretion, that it is prevented from furnishing use
 of the Premises, or any portion thereof, to PORTLAND MUSIC FESTIVAL,
 LLC on the dates scheduled due to (a) acts of God; (b) flood, fire, earthquake
 or explosion; (c) war, invasion, hostilities (whether war is declared or not),
 terrorist threats or acts, riot or other civil unrest; (d) government order or law;
 (e) actions, embargoes or blockades in effect on or after the date of this
 Agreement; (f) action by any governmental authority; (g) national, regional or
 local emergency, including a local emergency declared by the Portland City
 Council; (h) strikes, labor stoppages or slowdowns or other industrial
 disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection;
 (j) shortage of adequate medical supplies and equipment; (k) shortage of power
 or transportation facilities; and (l) other events beyond the reasonable control
 of the CITY.

 In the event that the CITY terminates the Agreement for any of the reasons set forth above
or any other reason, PORTLAND MUSIC FESTIVAL, LLC’s only legal or equitable claim shall

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be for a refund of the deposits paid, including the donation to the Portland Parks Conservancy
described in Section IV (20) (b) herein. In the event the CITY terminates this Agreement for the
reasons set forth in Paragraphs 28(a), (b) and (c), the CITY may, in its discretion, deduct from the
deposits the direct costs incurred by the CITY in connection with this Agreement prior to the date
of termination. IN NO EVENT WILL CITY BE LIABLE TO PORTLAND MUSIC
FESTIVAL, LLC OR ANY THIRD PARTY FOR ANY DAMAGES EXCEEDING THE
AMOUNT OF THE DEPOSIT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT
AND INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATING TO THIS AGREEMENT.


 29. Termination by PORTLAND MUSIC FESTIVAL, LLC. In the event
PORTLAND MUSIC FESTIVAL, LLC terminates this Agreement, the CITY shall retain or
collect from PORTLAND MUSIC FESTIVAL, LLC twenty-five percent (25%) of the fees
described in Section IV of this Agreement in addition to any actual costs directly incurred by CITY
in preparation for the next Event following the date of any such termination.

 30. Waiver. No waiver of any breach of any one or more of the conditions of this
Agreement by the CITY shall be deemed to imply or constitute a waiver of any succeeding or other
breach hereunder.


 X. ADDITIONAL TERMS


 31. Other Financial Obligations. PORTLAND MUSIC FESTIVAL, LLC shall be
solely responsible for any other financial obligations incurred as a result of the use of Payson Park
for any Event or otherwise in connection with this Agreement. These obligations shall specifically
include:

 a. PORTLAND MUSIC FESTIVAL, LLC shall be responsible for payment of
 any State or Federal taxes, or any other governmental assessment which may
 be required in connection with an Event or other use of Payson Park.

 b. PORTLAND MUSIC FESTIVAL, LLC shall be solely responsible for the
 payment of any royalties or charges which are due or may become due on
 material used for or during an Event. PORTLAND MUSIC FESTIVAL,
 LLC warrants to the CITY that such royalties or charges have been paid or will
 be paid promptly in accordance with law. PORTLAND MUSIC FESTIVAL,
 LLC further agrees to hold the CITY harmless and indemnify it for all its costs
 or losses, just or unjust, including attorney's fees in defense of claims, relating
 to payment of any royalty, charge or fee for the use of material by PORTLAND
 MUSIC FESTIVAL, LLC during an Event.

 32. Compliance with Law. PORTLAND MUSIC FESTIVAL, LLC agrees to
comply with all applicable laws and regulations in its operations hereunder, including but not
limited to all applicable federal, state and local environmental law and regulations and laws and

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regulations governing hazardous substances, with respect to all its activities on Payson Park, and
to conduct all its activities on Payson Park in a safe, responsible, reasonable and business-like
manner. PORTLAND MUSIC FESTIVAL, LLC shall be responsible for payment of any fines
or monies owed as result of any failure to comply with any such laws, rules and/or regulations.
PORTLAND MUSIC FESTIVAL, LLC further specifically agrees:

 a. To consult with the City's Fire Chief prior to any operations under this
 Agreement to determine fire safety requirements.

 b. That no person shall be denied admission to any Event on the basis of race,
 color, creed, national origin, sex, disability, sexual orientation, or any other
 class characteristic protected by law.

 33. No Representations. PORTLAND MUSIC FESTIVAL, LLC agrees that no
representations, statements, or warranties, express or implied, have been made by or on behalf of
CITY in respect thereto, except as contained in the provisions of this Agreement. The CITY shall
in no event be liable for any latent defects of the Premises, unless the CITY has actual knowledge
of the defect and has failed to disclose such information to PORTLAND MUSIC FESTIVAL,
LLC.

34. Assignment. PORTLAND MUSIC FESTIVAL, LLC may not assign, pledge, sublet or
otherwise transfer any interest or right granted by this Agreement without the prior written consent
of the City Manager; provided, however, that PORTLAND MUSIC FESTIVAL, LLC may
engage subcontractors or hire individuals to perform services or provide supplies related to an
Event consistent with the terms of this Agreement.

 35. Attorney's Fees. PORTLAND MUSIC FESTIVAL, LLC shall pay all
reasonable attorney's fees and costs on behalf of CITY if: (i) CITY should institute litigation
against it for breach of any term or condition of this Agreement, if the CITY is the prevailing party
in litigation; (ii) CITY should institute litigation against PORTLAND MUSIC FESTIVAL,
LLC for an unlawful detainer of Payson Park, if the CITY is the prevailing party in litigation; (iii)
CITY is made a party to litigation against PORTLAND MUSIC FESTIVAL, LLC, instituted
by a third party related to use of Payson Park under this Agreement; or (iv) if the CITY is required
to defend itself against any action or defense prosecuted by PORTLAND MUSIC FESTIVAL,
LLC or any third party arising out of PORTLAND MUSIC FESTIVAL, LLC’s use or
occupancy of Payson Park that does not result in a final judgment in favor of PORTLAND
MUSIC FESTIVAL, LLC. Fees and costs of defense incurred by the CITY shall be reimbursed
within thirty (30) days of invoice whether the litigation is prosecuted to judgment or not. Amounts
advanced by CITY, not reimbursed within said thirty (30) days, shall bear interest at a rate of one
and one-half percent (1 1⁄2 %) per month.

 36. Additional Permit Required. PORTLAND MUSIC FESTIVAL, LLC
 understands that the terms and conditions set forth in the Council Order and this Agreement
are not exhaustive and the CITY reserves the right to include additional terms and conditions in
the festival permit issued by the CITY’s Parks, Recreation and Facilities Department. 38.
 Complete Agreement. This Agreement and its Exhibits constitute the entire and integrated
agreement and supersede all the terms and conditions of any prior agreement, negotiations, or

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representations, written or oral, between the parties, including but not limited to the Original
Agreement. This Agreement may not be further modified, except in writing, signed by the parties.

 39. Rights Acquired. No rights will be acquired under this Agreement until the required
certificates of insurance have been provided to the CITY.

 40. No property rights. No provision hereof shall be construed as conveying an
easement or other estate in land.

 41. Amendment. This Agreement may be amended only in writing executed by the
parties.

 42. No Waiver. No waiver of any breach of any one or more of the conditions of this
Agreement by the CITY shall be deemed to imply or constitute a waiver of any succeeding or other
breach hereunder.

 43. Execution in Counterparts. This Agreement may be executed in any number of
counterparts and by different parties in separate counterparts. Each counterpart when so executed
shall be deemed to be an original and all of which together shall constitute one and the same
agreement. A signature in a pdf or electronic document shall be considered the equivalent of an
original signature.

 44. Authority. PORTLAND MUSIC FESTIVAL, LLC warrants and represents that
it has the full right and authority to enter into this Agreement, that there is no impediment that
would inhibit its ability to perform their respective obligations under this Agreement, and that the
person signing this Agreement on behalf of PORTLAND MUSIC FESTIVAL, LLC has the
authority to do so.

 45. Further Assurances. Each party hereby agrees to cooperate with the other party’s
efforts to take such further actions as may be reasonably requested by the other party to carry out
the provisions and purposes of this Agreement and to implement the operation of the Event and
the other transactions contemplated herein, including without limitation, to execute, acknowledge,
and deliver any affidavits, certificates, assurances, consents, or other instruments as may be
necessary to fulfill the intent of this Agreement.

 46. Governing Law and Jurisdiction. This Agreement shall be construed in all
respects in accordance with, and governed by, the laws of the State of Maine. All parties and
guarantors hereto hereby consent to the exclusive jurisdiction of the Superior Court for the County
of Cumberland in the State of Maine, for all actions, proceedings, and litigation arising from or
relating directly or indirectly to this Agreement or any of the obligations hereunder, and any
dispute not otherwise resolved as provided herein shall be litigated solely in said Court.

 [SIGNATURE PAGE ATTACHED HERETO.]




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 IN WITNESS WHEREOF, the CITY OF PORTLAND has caused this Agreement to
be signed by Danielle P. West, City Manager, and by Tyler Grill, Manager of PORTLAND
MUSIC FESTIVAL, LLC, LLC, thereunto duly authorized the day and year first above written.




 CITY OF PORTLAND


 Date:____________________ ____________________________________
 By: Danielle P. West
 Its: City Manager




 Approved as to form: ________________________

 Corporation Counsel’s Office




 PORTLAND MUSIC FESTIVAL, LLC



 Date:____________________ ____________________________________
 By: Tyler Grill
 Its: Manager, duly authorized




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 EXHIBIT B

 APPROVED EVENTS SCHEDULE for 2026-2028




 DATE DAY Schedule

 6 days prior
 Sunday Layout site
to event

 5 days prior
 Monday Field protection in place
to event

 4 days prior
 Tuesday Start of tenting/decor
to event

 3 days prior
 Wednesday Fencing begins
to event

 2 days prior
 Thursday Sound, lights, stages
to event

 1 day prior to
 Friday Final Prep
event

 Day 1 of
 Saturday Day 1
Event

 Day 2 of
 Sunday Day 2
Event

 1 day
 Monday Breakdown begins
following event

 2 days
 Tuesday Breakdown concludes
following event

 3 days Last of the porta potties and all
 Wednesday
following event remaining assets removed




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  17
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Page 34
EXHIBIT C




  18
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Page 35
 GUARANTY OF
 GOODWORKS PORTLAND FEST LLC

 For valuable consideration, the receipt of which is hereby acknowledged, and in
consideration of an Agreement between the CITY OF PORTLAND (hereinafter "City"), a Maine
corporate body politic and PORTLAND MUSIC FESTIVAL, LLC (the "CONTRACTOR") for
the CONTRACTOR to rent and produce a music festival on certain Property owned by the City
of near and even date (the “Agreement”), the Undersigned, one of the equity owners of the
Contractor and a wholly owned subsidiary of GoodWorks Entertainment Group, LLC,
unconditionally guarantees to the City, its successors and assigns, full and prompt payment when
due of all such payments due under the Agreement and any and all other liabilities of
CONTRACTOR to the CITY arising under the Agreement, and all renewals, extensions or
modifications thereof of substitutions therefor (collectively, the "Obligations") together with all
costs and expenses of collection thereof and of enforcement of this Guaranty, including
reasonable attorney's fees.

 Notice of acceptance of this Guaranty and of any action taken by the CITY from time to
time under this Guaranty or the Obligations is hereby waived, and this Guaranty shall operate as
a continuing and absolute Guaranty covering all Obligations.

 Upon any default by CONTRACTOR under the Agreement, the liability of the
Undersigned shall be effective immediately, without demand, presentment, protest or notice of
any kind, all of which are hereby waived, without any action, proceeding or suit, whether against
CONTRACTOR, any security for the Obligations, or any other party liable for the Obligations,
without exhausting any other remedies, and without further steps to be taken or further
conditions to be performed by the CITY. Failure of the CITY to make any demand or otherwise
to proceed against the Undersigned or any other person liable on the Obligations in respect to
any default by CONTRACTOR shall not constitute a waiver of the CITY's right to proceed in
respect to any or all other defaults by CONTRACTOR.

 The Undersigned hereby waives any right of exoneration by the CONTRACTOR, or to
contribute from any co-surety or security for any of the Obligations, defers any right of
subrogation until all obligations of the CONTRACTOR to the CITY, whether or not guaranteed
by the Undersigned, are paid in full, and defers any right to reimbursement from the
CONTRACTOR, until all Obligations of the CONTRACTOR are paid in full.

 This Guaranty shall be binding upon successors and assigns of the Undersigned; and the
dissolution of the Undersigned shall not relieve its successors and assigns, from any liability or
obligation accruing prior to such succession or assignment, nor accruing prior to the expiration
of five (5) days after receipt by the City of notice of such death, succession or assignment, and
shall not relieve or discharge the Undersigned from his or her liability hereunder. The
Undersigned hereby submits to the jurisdiction of the courts of the United States of America,
Cumberland County, and State of Maine in connection with any suits or proceedings arising
hereunder. The undersigned hereby knowingly, voluntarily and intentionally waives any right to
a jury trial, whether arising under the Maine Constitution, United States Constitution or any State
or Federal statute, regulations, common law or rule of civil procedure with respect to any action

 19
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 Page 36
or claim arising under or relating to this Guaranty or the dealings or the relationship between any
parties hereto.

 Concurrently upon the payment, performance, and satisfaction in full of the Obligations
and any commitments of the CITY to the CONTRACTOR with respect to the Obligations, this
Guaranty shall automatically terminate, and the CITY shall duly execute all agreements,
terminations, consents, and releases reasonably requested by Guarantor evidencing (i) the
satisfaction of the Obligations and (ii) the CITY’s release of Guarantor from this Guaranty.


 This instrument and all rights and remedies of the parties shall be construed and
interpreted under the laws of the State of Maine.


 IN WITNESS WHEREOF, the Undersigned has duly executed this Guaranty this
____day of September, 2025.

 GOODWORKS ENTERTAINMENT
 PORTLAND FEST LLC



____________________________ _____________________________
Witness By: Tyler Grill
 Its: Manager, duly authorized




 20
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 GUARANTY OF
 SHORE SOUND ENTERTAINMENT LLC

 For valuable consideration, the receipt of which is hereby acknowledged, and in
consideration of an Agreement between the CITY OF PORTLAND (hereinafter "City"), a Maine
corporate body politic and PORTLAND MUSIC FESTIVAL, LLC (the "CONTRACTOR") for
the CONTRACTOR to rent and produce a music festival on certain Property owned by the City
of near and even date (the “Agreement”), the Undersigned, one of the equity owners of the
Contractor, unconditionally guarantees to the City, its successors and assigns, full and prompt
payment when due of all such payments due under the Agreement and any and all other
liabilities of CONTRACTOR to the CITY arising under the Agreement, and all renewals,
extensions or modifications thereof of substitutions therefor (collectively, the "Obligations")
together with all costs and expenses of collection thereof and of enforcement of this Guaranty,
including reasonable attorney's fees.

 Notice of acceptance of this Guaranty and of any action taken by the CITY from time to
time under this Guaranty or the Obligations is hereby waived, and this Guaranty shall operate as
a continuing and absolute Guaranty covering all Obligations.

 Upon any default by CONTRACTOR under the Agreement, the liability of the
Undersigned shall be effective immediately, without demand, presentment, protest or notice of
any kind, all of which are hereby waived, without any action, proceeding or suit, whether against
CONTRACTOR, any security for the Obligations, or any other party liable for the Obligations,
without exhausting any other remedies, and without further steps to be taken or further
conditions to be performed by the CITY. Failure of the CITY to make any demand or otherwise
to proceed against the Undersigned or any other person liable on the Obligations in respect to
any default by CONTRACTOR shall not constitute a waiver of the CITY's right to proceed in
respect to any or all other defaults by CONTRACTOR.

 The Undersigned hereby waives any right of exoneration by the CONTRACTOR, or to
contribute from any co-surety or security for any of the Obligations, defers any right of
subrogation until all obligations of the CONTRACTOR to the CITY, whether or not guaranteed
by the Undersigned, are paid in full, and defers any right to reimbursement from the
CONTRACTOR, until all Obligations of the CONTRACTOR are paid in full.

 This Guaranty shall be binding upon successors and assigns of the Undersigned; and the
dissolution of the Undersigned shall not relieve its successors and assigns, from any liability or
obligation accruing prior to such succession or assignment, nor accruing prior to the expiration
of five (5) days after receipt by PDC of notice of such death, succession or assignment, and shall
not relieve or discharge the Undersigned from his or her liability hereunder. The Undersigned
hereby submits to the jurisdiction of the courts of the United States of America and Cumberland
County, State of Maine in connection with any suits or proceedings arising hereunder. The
undersigned hereby knowingly, voluntarily and intentionally waives any right to a jury trial,
whether arising under the Maine Constitution, United States Constitution or any State or Federal

 21
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 Page 38
statute, regulations, common law or rule of civil procedure with respect to any action or claim
arising under or relating to this Guaranty or the dealings or the relationship between any parties
hereto.
 Concurrently upon the payment, performance, and satisfaction in full of the Obligations
and any commitments of the CITY to the CONTRACTOR with respect to the Obligations, this
Guaranty shall automatically terminate, and the CITY shall duly execute all agreements,
terminations, consents, and releases reasonably requested by Guarantor evidencing (i) the
satisfaction of the Obligations and (ii) the CITY’s release of Guarantor from this Guaranty.

 This instrument and all rights and remedies of the parties shall be construed and
interpreted under the laws of the State of Maine.


 IN WITNESS WHEREOF, the Undersigned has duly executed this Guaranty this
____day of September, 2025.

 SHORE SOUND ENTERTAINMENT LLC



____________________________ _____________________________
Witness By: Jordan Wolowitz
 Its: Manager, duly authorized




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​




 ​● ​Sustainable and inclusive transportation planning​: The use of shuttles, a bike valet
 ​service (which served nearly 1,000 bikes), and people-powered transit significantly
 ​reduced the need for on-site parking. This contributed to the low environmental impact
 ​and aligned with Portland’s sustainability goals.
 ​● ​Public infrastructure improvements​: The creation of new trails to support access to the
 ​festival site—trails that had long been on the Parks Department’s wishlist—enabled over
 ​10,000 trail uses during the weekend and now remain as a long-term community asset.
 ​● ​Park reinvestment​: The festival contributed approximately $100,000 in park funding,
 ​which will support ongoing enhancements to Payson Park.
 ​● ​Positive public reception​: While there were some noise complaints (in the range of tens),
 ​the vast majority of feedback from attendees and community members was positive. As
 ​one Commissioner put it, the event was “extraordinarily responsible.”

​Nonetheless, several concerns were raised that should inform future agreements​​and planning​
 ​for any large-scale event in our parks:​
 ​● ​Neighborhood communication and impact​: While transportation innovations were
 ​generally successful, changes to shuttle routes and drop-off points were made quickly in



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 ​response to evolving needs, which led to significant and unanticipated impacts on​
 ​adjacent neighborhoods. Some residents experienced 12 hours of shuttle traffic without​
 ​sufficient prior notice. Communication with directly affected neighbors—particularly those​
 ​on the periphery of Payson Park—must be significantly improved.​
 ​● ​Increased “buy in” in contract from event organizers:​​Deposits for noise and park
 ​damages should be raised. Community inclusion processes should be articulated in the
 ​contract.
 ​● ​Clarity and accessibility of information​: There was​​inconsistent signage and lack of
 ​proactive, multilingual, and multimodal communication regarding event logistics, park
 ​access, and street closures. This included the build-out phase before the festival, when
 l​ocal residents were unsure where and if they could access certain sections of the park.
 ​Reliance on social media and responsive versus proactive communication channels was
 ​not sufficient.
 ​● ​Equity and local access​: The festival should ensure​​that residents living closest to the
 ​park—including those in public housing or lower-income neighborhoods—have equitable
 ​access to participate in the event, including potential for reserved or discounted tickets.
 ​● ​Post-event engagement​: Mechanisms to solicit neighborhood​​feedback and community
 i​nput post-event were limited. Future contracts should include clearer expectations for
 ​community engagement both before and after events.
 ​● ​Transparency in park reinvestment​: While the financial​​investment in the park is
 ​commendable, there is a need for greater transparency and potentially community input
 i​nto how these funds are allocated.

​The Commission believes that the Back Cove Music Festival demonstrates real promise as a​
 l​ong-term community event​​that creatively activates​​public space and contributes to Portland’s​
  ​cultural and economic vitality. We are optimistic about the potential for this event to evolve into a​
 ​model of inclusive, sustainable, and community-responsive park use. We respectfully recommend​
 ​that, should the City proceed with a multi-year agreement, the contract explicitly include:​
 ​● ​Enhanced requirements for community notification and engagement;
 ​● ​Noise and impact deposit provisions;
 ​● ​Clear transportation and signage protocols;
 ​● ​Transparent reinvestment planning with public input; and,
 ​● ​Equity goals and benchmarks for local access.

​We thank the City Council Committee for its consideration of these reflections and​
 ​recommendations.​

​Respectfully,​
 ​Beth Rabbitt, Chair, at-large​
  ​Will Elting, Vice Chair, at-large​




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9/15/25, 8:37 AM City of Portland Mail - Payson Park Festival Considerations



 Lori Paulette <ljn@portlandmaine.gov>



  Payson Park Festival Considerations
  Devin Green <devin.green@gmail.com> Sun, Sep 14, 2025 at 11:37 PM
  To: edd@portlandmaine.gov, smichniewicz@portlandmaine.gov, pali@portlandmaine.gov, ksykes@portlandmaine.gov,
  rphillips@portlandmaine.gov, Payson Park <friendsofpaysonpark@gmail.com>

 Hello Housing & Economic Development Council Committee,

 Thank you for the work you do and I recognize you have incredibly important things that you deal with and this is not
 as essential as some of the other work you do, but I do think it's important to do things well when we can, so I'm hoping
 this helps you in your work.

 I am a resident of the Payson Park neighborhood and I am writing to share with you some insights, thoughts and
 questions regarding the proposal you will be reviewing on Tuesday night from Good Works Entertainment for a 3-year
 contract to run the Payson Park Festival. I will do my best to keep this brief but there is a lot to cover.

 First, I hope that you have access to and were able to review the notes and input from the members of the Parks
 Commission provided during the meeting on Thursday, 9/4. I attended that meeting, provided public comment, took
 notes and followed up with the city and organizers on a few fronts. Below are my current thoughts:

 Policy/Philosophy
 There is still a huge issue at hand of the city determining if and how public parks can be used for private/for-profit
 use. When C3 Presents/Live Nation tried to bring in their festival a few years ago, we were told by the council that
 they would consider this and build policy/procedures before anything else happened. Clearly this has never been
 addressed. That said, the proposal for the one-year contract was approved and now you are being asked to approve a
 three-year contract.

 Resident Experience
 I have included below my thoughts the email that was sent by Friends of Payson Park to the Parks Commission
 regarding feedback from the neighborhood about the experience in case you'd like to review that. But, here are my
 specific insights:

 1. Overall, the festival weekend went better than expected in many ways. But the overall experience of dealing
 with this as a neighbor was not ideal.
 2. The Parks department has admitted that they didn't handle communication with the residents very well, which
 is definitely true. It really felt like we were an afterthought, which is not the way this should have been
 handled. Here are my key concerns that I think really need to be ironed out if any agreement is to be made:
 1. Communication with neighbors has to be better.
 1. Throughout the past year, I made many suggestions to the organizers and the city about how to
 handle things, was always told things were a great idea and they never happened. Things like
 sending a monthly email to locals to give them updates about what's going on and what they're
 working on, putting notices in people's mailboxes with information about what to expect and
 parking permits.
 2. We were never given information unless we asked for it and that's not the way this should work.
 Additionally, Friends of Payson Park (FOPP) should not be responsible for fielding
 questions/concerns or disseminating information. That is not their job and many of them don't
 support this festival so it puts them in a tough position. The biggest issue here is that things
 changed and also people didn't even know it was happening.
 3. I have asked the Parks Department and organizers if they have insights/plans into how they would
 improve communication and working with neighbors and they have replied that "these systems will
 be developed and communicated during the planning process." As a couple people in the Parks
 Commission suggested, I believe any approved proposal should have specifics about how locals will
 be communicated with and worked with.
 3. At the last minute, the shuttles moved from traveling on a loop on Baxter Blvd. (which was shut down for the
 festival and the buses would move on a loop from Vannah to Bates - makes total sense) to traveling down
 Catafalque and along Fernald Street, which is a residential neighborhood. When asked why they would do this,
 they did not provide a good reason. I now think it may be because they didn't want to have two entrances due to
 smaller attendance numbers, but I think any proposal considered should require that buses run along Baxter and
 not in a residential neighborhood. It makes no sense.
https://mail.google.com/mail/u/0/?ik=04e1d49fe3&view=pt&search=all&permmsgid=msg-f:1843299617292043767&simpl=msg-f:18432996172920437… 1/4
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9/15/25, 8:37 AM City of Portland Mail - Payson Park Festival Considerations
 1. They also should have a solution to the ride share location, which did not work out with Cheverus and
 became quite dangerous as they were driving against the flow of traffic and coming down dark streets
 with pedestrians.
 4. For reference because it has come up in so many conversations and came up at the Parks Commission meeting
 also - residents were not given free tickets to the festival. There was apparently a discount for certain zip
 codes, but we were not made aware of that. Perhaps some of the neighbors would have more buy-in to the
 festival if they were invited in to actually experience it (instead of just being outside it). Portland Housing
 Authority was given access to some tickets for the Front Street residents but I do not know if any of those were
 used and tickets were not offered to anyone in the impacted neighborhoods including those dealing with street
 closures.
 5. One of the biggest issues is that the park did not remain "open" for the week leading up to the festival as the
 city/citizens had been told it would. A week away from the festival, the parking lots and sidewalks in the park
 were all fenced off (how do you use the park if you can't park in the park), no one realized you could access the
 playground or courts because it was like a fortress in the park, and most dangerous - the bike lanes were even
 blocked. If you approve any proposal, I think it must come with the caveat that all parking lots and sidewalks be
 open and available to the public until Friday, that the bike lanes must be open and that all access to the park be
 very clear.
 6. Donna Garland suggested in the Parks Commission Meeting that the City or Organizers get a survey done of
 Portland residents, and especially those nearby, asking about the experience and what they feel about doing it
 again. This is a great idea and one I definitely think they should do. When I followed up to ask about this, I was
 told by Andy Downs that they were not planning to do a survey. This feels like a basic step to take in considering
 this proposal, so I recommend your Committee require this before the council considers this proposal. The city
 or organizers could easily put together a basic survey and put notices in mailboxes with a response deadline.
 Super easy and seems like information the council would want?
 Proposal Considerations

 1. As a resident, neighbor and a previous large event organizer, I highly recommend that if you are to approve a
 proposal from Good Works, you ask them to address and include in the contract all of the above, and you do one
 more one-year contract. I understand that it's easier for them to do a three-year contract, but I really think
 they should take another to work out the kinks/see how it goes when there are more people here, and then they
 can come with a longer proposal. It is just smart to do one more trial year.
 2. They are proposing an escalating scale for the amount/ticket that the city will receive. I do not think this is
 necessarily favorable for the city. I would suggest the city get a percentage of each ticket/attendee (in case
 they are going by purchased tickets only and not including comped tickets), like 5% or something because some
 of the tickets are astronomically expensive and if someone purchases a 2-day ticket and the city gets $1 of that,
 that's peanuts. If this is something the city is doing for profit, then make a profit on it, or at least understand
 what profit the organizers are making and make sure the city is getting a fair share.
 1. This year, $78,000 was given to the city, but that was actually split across City Staff Expenses, Parking
 Revenue, Licensing & Permitting, Per Ticket Fees and Park Restoration. I have asked for an actual
 breakdown but have not yet received it - perhaps you could look into that to understand the actual
 revenue and if this is a smart investment in resources for the city.
 2. I am also waiting on information regarding the actual attendance including attendance numbers/day (I
 would estimate probably 3000-4000/day maybe), how many tickets were comped vs. sold, how many
 tickets were purchased by locals vs. out of state.
 3. The $100,000 donation should be specified/adjusted
 1. For this years donation, apparently the $100K is going to a Payson Park project but
 the public/neighbors/FOPP has no say in what that project will be (we thought we would have input). It
 might be good to get the public invested in this being good for the city/their park.
 2. For future year contracts, they are proposing a $100,000 donation/year to the Parks Conservancy again,
 but unlike this year it will go to any projects in the Parks. I actually wonder if the Parks Conservancy is
 where the money should go if it gets approved... if this is for the city, what are the greatest needs for
 the city? Housing, right? So why not put it somewhere else that the council chooses, or even let the
 citizens vote on a non-profit that the money goes to... I think that would be a better use of money and
 better overall?
 4. A really interesting point came up in the Parks Commission meeting about the fact that the agreement is with
 the LLC that Jordan and Tyler currently own. There was question about the LLC being sold or taken over. So I
 asked for clarification on that and Andy Downs shared that the agreement is with the LLC and it cannot be
 transferred or assigned without written consent of the City Manager. So that's good news, but I do wonder if the
 LLC could end up with different ownership, so that might be something to specify in any contracts, especially if
 you actually consider a multi-year deal.

 I know this is a lot so if you're still reading, thank you. Again, the email that FOPP sent to the Parks Commission with
 consolidated feedback from neighbors is below. If you have any questions or I can clarify anything about the above,
 please let me know. Thank you for reading!


https://mail.google.com/mail/u/0/?ik=04e1d49fe3&view=pt&search=all&permmsgid=msg-f:1843299617292043767&simpl=msg-f:18432996172920437… 2/4
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9/15/25, 8:37 AM City of Portland Mail - Payson Park Festival Considerations

 Devin Green
 The Connected Way™
 www.theconnectedway.com


 ---------- Forwarded message ---------
 From: Payson Park <friendsofpaysonpark@gmail.com>
 Date: Wed, Sep 3, 2025 at 9:26 PM
 Subject: Concerns re: Back Cove Festival
 To: Parks Commission <parkscommission@portlandmaine.gov>
 Cc: City Council Email <council@portlandmaine.gov>, Ethan Hipple <ehipple@portlandmaine.gov>, Alex
 Marshall <amarshall@portlandmaine.gov>, Andy Downs <andy@portlandmaine.gov>



 To the Portland Parks Commission,

 On behalf of the Friends of Payson Park, we are writing to share feedback we received from neighbors
 and park users regarding the 2024 Back Cove Music & Arts Festival. Many community members reached
 out to us by text, phone, and email starting on the day that the fencing arrived—hoping we might have
 more information and wanting to express their frustrations with what was happening in their community.

 Friends of Payson Park is concerned about the continuation of a multi day festival in the Park and brings
 to your attention the impact on this community from the perspective of its residents:

 Noise & End Time

 Many neighbors reported that the sound levels were very loud—even indoors with windows
 closed.

 Noise was manageable during the daytime, but continuing until 10:00 PM, especially on Sunday
 night, was challenging for families with young children, people who had to work early Monday
 morning, and those sensitive to noise.

 Several neighbors suggested an earlier end time (e.g., 8/9:00 PM) would make the event more
 compatible with neighborhood life.

 Traffic & Access

 Residents were told streets would remain accessible, but several reported not being able to
 reach their homes as promised.

 Heavy Traffic from shuttle buses concentrated heavily on Fernald Street, running every 3
 minutes throughout the day and evening, despite earlier assurances that offloading would occur
 from Baxter Boulevard.

 Ride share and truck traffic was routed down small residential streets (Fernald and W. Kidder)
 instead of the original plan, frustrating residents and closing off the street to their children.

 Access rules for neighbors seemed to change throughout the week, creating confusion.

 Park Use During Setup

 Neighbors noted that fencing went up and access was restricted a full week before the festival,
 rather than just in the immediate lead-up.

 Park patrons reported being unable to use the playground, basketball and tennis courts, or
 regular paths due to fences, festival vehicles, or lost parking.

 The handicapped parking area on the Boulevard was fenced off, making playground access
 difficult

 Residents felt this contradicted the repeated public messaging that normal park use would not
 be disrupted.

 Paths & Infrastructure


https://mail.google.com/mail/u/0/?ik=04e1d49fe3&view=pt&search=all&permmsgid=msg-f:1843299617292043767&simpl=msg-f:18432996172920437… 3/4
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9/15/25, 8:37 AM City of Portland Mail - Payson Park Festival Considerations
 Concerns were raised about new walking paths installed across condo lawns at the end of Front
 Street. Neighbors felt this was unnecessary, harmed property value, and primarily benefited
 concert logistics rather than park users.

 Festival vehicles and golf carts driving throughout the park created a sense that the park had
 been temporarily turned into a private venue, rather than remaining a shared public space.

 Overall Experience

 Neighbors were disappointed by the lack of clear updates from Parks & Rec about what to
 expect as the festival moved in. A quick post—like “fencing arrives tomorrow” or “x parking lots
 will be closed starting today”—would have made a big difference in setting expectations and
 avoiding frustration.

 Significant frustration was expressed by neighbors at being effectively shut out of their own
 neighborhood park for the week of setup and takedown.

 We share this feedback so the Parks Commission, City staff, and promoters can better understand the
 impacts on the surrounding community.

 Thank you for your time,

 Friends of Payson Park




https://mail.google.com/mail/u/0/?ik=04e1d49fe3&view=pt&search=all&permmsgid=msg-f:1843299617292043767&simpl=msg-f:18432996172920437… 4/4
 Page 45
City of Portland | Housing and Econ. Development Dept.
Gregory P. Watson, AICP, Director



To: Housing and Economic Development Committee
 Councilor Pious Ali, Chair




MEETING DATE
September 23, 2025

AGENDA ITEM
Agenda Item #2 - Discussion: Restaurant industry workforce and labor issues - review
Downtown TOD TIF eligible uses for potential ways to assist the restaurant industry.

PURPOSE
The purpose of this item is to begin discussions on potential ways to support the restaurant
industry workforce and labor issues.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT

This item pertains to the Committee Work Policy Initiative “Restaurant Industry Labor
Shortage”.

BACKGROUND/ANALYSIS

Portland’s restaurant industry continues to face significant workforce issues, which are
compounded by high food and labor costs, increased rents and utilities for both the restaurant
owner and employees, and shifting consumer spending habits, leading to less frequent dining out
and a decrease in overall restaurant sales.

These challenges have contributed to some restaurant closures and are prompting a re-evaluation
of business models within the industry to reduce staffing costs.

The labor market remains competitive, with some businesses offering bonuses and higher wages
to attract and retain staff.

Committee discussion would look for creative ways to assist the industry. It is anticipated that
this would include feedback from the industry. The Downtown Transit Oriented Development
Tax Increment Financing (DTIF) District could possibly fund potential programs such as
increased lighting, sidewalk and pedestrian enhancements, business counseling, workforce
training, and increased bus service. See attached section from the DTIF which highlights eligible
uses of DTIF funding.




 1
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FISCAL IMPACT

The fiscal impact would include possibly use DTIF funding to support potential programs of
service, in consultation with the City’s Finance Director.

CONCLUSION(S)

Staff looks forward to beginning discussions on this topic with the Committee.

PRIOR COMMITTEE REVIEW

No prior Committee review on this item.

PREPARED BY

Greg Watson, Director
Housing and Economic Development
 Department
ATTACHMENTS

 - Allowable Uses of DTIF Funds




 2
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 Page 47
JULY 2024 PROPOSED DOWNTOWN/TRANSIT TIF AMENDMENT #8 REMOVING A PORTION OF 70 E.
OXFORD ST. FROM DISTRICT TO BE FREESTANDING AFFORDABLE HOUSING TIF DISTRICT

 Amended Development Program
constitute a good and valid public purpose pursuant to Chapter 206 of Title 30-A because it
represents a substantial contribution to the economic well-being of both the City and the region


 B. The Projects


development projects. The City intends to use TIF Revenues to further its overall plan to attract
 -friendly location, while
offering their employees a rich, dynamic, and high quality of life. This includes funding for CP,
of which the City of Portland is the Corporator, with annual funding at $200,000 for its staff,
programs, and services related to the marketing and promotion of the City to promote economic
development, as approved by the City Council annually during its budget process, and City plans
to invest in its public infrastructure in these investment focus areas:
 - Sidewalk and Other Pedestrian Enhancements, including Public Restrooms
 - Streetscape
 - Lighting
 - Street Alignment
 - Utilities
 - Bicycle Improvements
 - Public Transit
 - Wayfinding
 - Multi-modal surface and structured parking
 - Work force training
 - Professional service costs
 - Housing and Economic Development Department administrative costs and staff
 salaries, and prorated salaries of the City Manager, Finance Director, Planning and
 Urban Development Director, and Planning staff.
 The District projects at this time are highlighted in Table 1 below:
 TABLE 1
 NOTE 1: All Citations refer to Title 30-A, Chapter 206, Section 5225
NOTE 2: While this Amended Development Program lists particular projects, the Amended
Development Program shall not serve as an appropriation of TIF Revenues for any of these
specific purposes, nor shall it commit the City to completing any particular project. The projects
will only be undertaken following proper appropriation through the annual budget process and
any other applicable required approvals.

 Project Downtown Statutory Citation Estimated Cost
 Revitalization
 Plan Reference
 by page no.


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JULY 2024 PROPOSED DOWNTOWN/TRANSIT TIF AMENDMENT #8 REMOVING A PORTION OF 70 E.
OXFORD ST. FROM DISTRICT TO BE FREESTANDING AFFORDABLE HOUSING TIF DISTRICT

In District: Capital $150 Million
Infrastructure Design and over the life of
Investments, including the District for
Financing Costs, for example: these Capital
 - Multi-modal surface and 19, 47 (1)(A)(1)(2)(3)(6)(7) Infrastructure
structured parking Items.
- Sidewalk and Other 19, 20, 34,35, 48 (1)(A)(1)(2)(3)(4)(6)(7)
Pedestrian Enhancements,
including Public Restrooms

- Roadway 19,20,34,35 (1)(A)(1)(2)(3)(6)(7)
Realignments/Paving 19, 46 (1)(A)(1)(a)(i)
- Crosswalks 34, 46 (1)(A)(1)(2)(3)
- Traffic Signals 19,20,34,35 (1)(A)(1)(2)(3)(6)(7)
- Intersection Redesigns 19, 34,47 (1)(A)(1)(a)(i)
- Bicycle lanes, racks, and 19, 33 (1)(A)(1)(2)(3)(6)(7)
stations Infrastructure
- Stormwater Management, 19, 36 (1)(A)(1)(2)(3)(7)
including water and sewer
upgrades
- Telecommunications, lighting, 19,23, 35,47 (1)(A)(1)
and electrical distribution
upgrades; Infrastructure
improvements/enhancements
- Wayfinding (signage) 22, 46 (1)(A)(1)(2)(3)(6)(7)
- Public plaza intersection
improvements
In and out of District: New
and Enhanced Transit
Services, including
operational costs, for example
(see Exhibit K Transit
Map): 17, 20, 21, (1)(A) and (1)(C)(7) $15 Million for
- Creation of high frequency Transit in this
  bus service on Congress category.
  Street at 15-minute intervals
  between the Portland
  Transportation Center (PTC) 20 (1)(A)(1)(a) and
  and Washington Avenue; (1)(C)(7)
- Enhancing Stevens Avenue- 20 (1)(A)(1)(a) and
  Allen Avenue- Congress (1)(C)(7)
  Street bus service areas;
- Corresponding costs for these 20 (1)(A)(1)(a) and
  enhancements, including (1)(C)(7)
  transit operator salaries;



 6

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JULY 2024 PROPOSED DOWNTOWN/TRANSIT TIF AMENDMENT #8 REMOVING A PORTION OF 70 E.
OXFORD ST. FROM DISTRICT TO BE FREESTANDING AFFORDABLE HOUSING TIF DISTRICT

  transit vehicle fuel, and transit
  vehicle parts replacements. 17, 20 (1)(A)(1)(a) and
- Transit capital costs including (1)(C)(7)
  transit vehicles and related
  equipment; bus shelters and
  other related structures;
  benches; signs, and other
  transit-related infrastructure.
- Shuttle service to downtown
  businesses.

In and out of District: City
Marketing and Promotion
through Creative Portland $200K annually
Corporation (CPC), for beginning
example (see Exhibit M Arts FY2024; $5.2
District Map within Million over life
Downtown TOD TIF of District
District):
- In District: Center for the 20, 21,47 (1)(C)(1)
Arts, including rental
residential space;
- In District: capital, financing, 20, 21,47 (1)(C)(1)
real property assembly and
professional service costs;
- In and out of District: CPC 20, 21, 47 (1)(C)(1)
staffing, administrative and
marketing expenses; revolving
loan or investment fund.
In and out of District:
- Housing and Economic Dev. 21, Also TIF (1)(A)(5) and (1)(C)(1) $15 Million over
Dept. administrative costs and App. P. 3 (1) life of the
staff salaries at 100%, and District.
prorated salaries of City
Manager, Finance Director, and
Planning Urban Development
Director, and Planning staff*;
- Professional services costs; See TIF App. P.3 (1)(A)(4);(1)(C)(1)
- Workforce training funds. See TIF App. P. (1)(C)(4)
Costs of services and 3
equipment to provide skills
development and training,
including scholarships to in-
state educational institutions or
to online learning entities when
in-state options are not

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JULY 2024 PROPOSED DOWNTOWN/TRANSIT TIF AMENDMENT #8 REMOVING A PORTION OF 70 E.
OXFORD ST. FROM DISTRICT TO BE FREESTANDING AFFORDABLE HOUSING TIF DISTRICT

 available, for jobs created or
 retained.
 In District: Small Public
 Capital Infrastructure and
 Equipment, for example
 (Downtown Plan pp. 6 and 7)
 - Parking meters 19 (1)(A)(1)(a) $10 Million over
 - Vehicles for Public Works 21, 36 to 44 (1)(A)(1)(a) life of the
 Dept., and Fire Dept., including District
 ambulances
 In District: Relocation of (see TIF 1(A)(6) Not
 Displaced Persons (TIF application, p. 6) budgeted/not
 Application, p. 6) anticipated at
 time of TIF
 application
 In District: CEAs as (see TIF (1)(A)(1)(2)(3)(6)(7) Unknown at
 Approved by City Council application p. 2) time of TIF
 (TIF application p. 2) with a application
 maximum average percentage
 of 65% capture and up to a 20-
 year term, or the remaining
 term of this District, pursuant to
 City TIF Policy (Exhibit B
 hereto).

Total Estimate of TIF $195,200,000
Revenue Expenditure over 30
year term:
*This item is not unique to this TIF District, it is also included in the Bayside TIF District and
Waterfront TIF District.
 C. Strategic Growth and Development
 This Amended Development Program and the Downtown Plan meld various studies and
plans for the District into one document, thereby promoting those studies and plans and making
investments at the appropriate time. The studies and plans noted in the Downtown Plan
represent a series of community initiatives, both completed and underway, or in planning
process. The Amended Development Program and Project List (Table 1) noted hereinabove

longstanding, evolving vision for its Downtown.
 D. Improvements to the Public Infrastructure
 As further set forth in Table 1 hereinabove, the City may use certain TIF Revenues for
sidewalk and other pedestrian improvements including crosswalks, roadway
realignments/paving, intersection redesigns, traffic signals, bicycle infrastructure, stormwater
management improvements (including water and sewer maintenance), communications

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 Page 51
City of Portland | Permitting and Inspections
Jessica Hanscombe, Director


TO: Housing & Economic Development Committee
CC: Rent Board
FROM: Jessica B. Hanscombe, Director of Permitting and Inspections
DATE: July 14, 2025
RE: Quarterly Rent Control Report- Q2-2025
 Rent Control Report
 Quarter 2 (4/1/2025-6/30/2025)
Rent Board
 Total # of Total # of Total # of Total # of
 Applications Applications Applications Applications
 approved Denied Tabled
 Rent Increases 8 5 0 0
 Complaints 3 3 0 0
 Other 1 1 0 0
 Quarter 2 Total: 12 9 0 0
 Year to date Total 20 9 0 8

Rent Control Inspections
 Type of Inspections Total # Properties Total # of units
 Complaints (Potential violations reported to our *21 288
 office)
 Audits (Proactive enforcement based on 102 827
 percentage that rent was increased)
 Quality Control (proactive verification of data 173 458
 supplied to our office)
 Quarter 2 Total: 296 1,573
 Year to date Total 538 4,451

*Breakdown of Complaints by property:
 Founded Complaints Unfounded Complaints In Progress
 *violation exists *no violation *actively investigating
 Quarter 2 Total 6 5 10




 389 Congress Street, Portland, Maine 04101 | 207-874-8703 | permitting@portlandmaine.gov

 Page 52
City of Portland | Executive Department
Danielle P. West, City Manager

To: Housing & Economic Development Committee
 Councilor Pious Ali, Chair
From: Dena Libner, Assistant City Manager
Date: June 17, 2025
Re: Consideration of Request for Proposals for Child Care Center
 Provider at 1125 Brighton Avenue



MEETING DATE
June 17, 2025

AGENDA ITEM
Item #7: Consideration of Request for Proposals for Child Care Center Provider at 1125 Brighton
Avenue

PURPOSE
Childcare in Portland is scarce and costly, as it is in most of the United States. This proposal seeks
to address this issue by leasing an underused building on the Barron Center campus (BC2) to a
licensed child care center provider.

The availability and affordability of child care also contribute to City of Portland employee
recruitment and retention challenges. High turnover and/or vacancy rates in local government
may negatively impact the delivery of City services and programs; consequently, the well-being
and satisfaction of Portland residents may also be affected. To address these challenges, this
proposal would reserve a percentage of child care spaces for City of Portland employees.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
The City Council’s Health & Human Services and Public Safety Committee (HHS & PS
Committee) included “Childcare in Portland” as a priority on its 2025 Work Plan.

BACKGROUND/ANALYSIS

Trends in Child Care
Municipal-level data on trends in child care is not readily available. However, in Cumberland
County, the number of licensed family childcare providers has decreased by 27% since 2020. 1
While the number of licensed center-based childcare providers has held fairly steady, the




1
 “Licensed Child Care Centers and Family Child Care Providers in Maine.” Right from the Start.
www.datacenter.aecf.org (May 28, 2025).


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number of children under the age of 5 increased by more than 3% between 2019 and 2024,
reflecting an unmet increase in need.2

In March 2025, the City of Portland conducted a survey on child care challenges among its
employees. The predominant concerns expressed by survey respondents were the availability
and affordability of childcare, as well as the childcare scheduling challenges of employees with
non-traditional work hours (“shift employees”). A follow-up survey of shift employees indicated
a strong interest in early drop-off hours, late pick-up hours, drop-in care3, and the ability to sign
up for less than a full week of child care (e.g. attending and paying for just two or three days
weekly).

Impact of Childcare Scarcity
The inaccessibility of childcare impacts parents’ inability to participate in the workforce, child
development, and the economy. A 2024 report issued by the United States Chamber of Commerce
described how the COVID-19 pandemic exacerbated a longstanding shortage of accessible,
affordable childcare in the U.S., drawing specific attention to the high number of working
parents that left the workforce because they were unable to fund childcare solutions that met
their needs. Over the last three decades, the share of fathers who leave the workforce to provide
childcare has increased significantly; however, women overwhelmingly represent spouses who
do not participate in the labor force in order to provide care. 4

While it does not replace parents as the major influence on early development, the availability of
quality, affordable childcare can help establish a healthy foundation for a person’s lifelong well-
being. Specifically, evidence indicates that quality childcare may positively affect early cognition
and language, social and emotional development, and school achievement. 5

Proposal Details
The draft RFP (enclosed) describes the requirements and preferences related to the desired
childcare center program. Fundamental aspects of the desired program are included below, some
of which reflect stated policy priorities of the City Council and feedback received from the HHS &
PS Committee at its May 2025 meeting:

 ● The child care center provider will be a private operator, licensed by the State of Maine.




2
  Estimated using original U.S. Census Bureau data.U.S. Census Bureau, “Age and Sex" American
Community Survey 5-Year Estimates Subject Tables, 2019 and 2024.
https://www.census.gov/quickfacts/fact/table/cumberlandcountymaine,US/PST045224 (June 1, 2025).
3
  “Drop-in” childcare is a flexible childcare option where parents can drop off their children for a few hours
or a day without needing a long-term commitment or consistent schedule.
4
  Melhorn, Stephanie Ferguson. “Understanding America’s Labor Shortage: The Impact of Scarce and
Costly Childcare.” U.S. Chamber of Commerce. June 26, 2024. uschamber.com (May 26, 2025).
5
  National Research Council (US) and Institute of Medicine (US) Committee on Integrating the Science of
Early Childhood Development; Shonkoff JP, Phillips DA, editors. Washington (DC): National Academies
Press (US); 2000.


 2

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 ● The center will provide care for children aged 0 to 5.

 ● The center will serve Portland residents, as well as City of Portland employees who reside
 in and outside of Portland. Fifty percent (50%) of the center’s total spaces would be
 reserved for City of Portland employees.

 ● The preferred initial lease term will be between five and seven years, with the option to
 extend the lease after it expires.

 ● Respondents will propose the amount of rent to be paid. The City is willing to consider a
 reduced rent if those cost savings are passed on to the center’s clients.

 ● The RFP requires that the successful respondent accepts reimbursement from the State of
 Maine Child and Adult Food Care Program (CAFCP), as well as the Child Care Assistance
 Program (CCAP).

 ● The RFP expresses a strong preference for respondents whose proposal would request or
 require minimal, if any, funding from the City of Portland in order to become operational.

Operational details would be determined through the RFP process and lease negotiations.

FISCAL IMPACT
There is no anticipated fiscal impact associated with this proposal.

CONCLUSION(S)
N/A

PRIOR COMMITTEE REVIEW
N/A

PREPARED BY

Dena Libner Greg Watson, Director
Assistant City Manager Housing & Economic Development

Anne Torregrossa, Director Maggie McLoughlin, Director
Human Resources Health & Human Services

Ethan Hipple, Director
Parks, Recreation & Facilities


ATTACHMENTS
Request for Proposals (RFP) for a Licensed Child Care Center Provider (draft)




 3

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 vieve




 CITY OF PORTLAND, MAINE

LICENSED CHILD CARE CENTER PROVIDER
 RFP #25xxx



 June xx, 2025




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 RFP #25xxx

 LEGAL NOTICE


 City of Portland, Maine

 Request for Proposals

 “LICENSED EARLY CHILD CARE CENTER”

RFP #25xxx

The City of Portland, Maine seeks proposals from qualified persons or firms for the operation of a full-
day, year-round, Child Care Center at 1125 Brighton Avenue, designated on the City of Portland tax
maps as Parcel 269 B001001.

Sealed proposals shall be submitted electronically to bidsubmit@portlandmaine.gov with the name of
the Proposer, RFP Name, and RFP number in the subject line and will be received until DAY, DATE
at TIME at which time they will be publicly opened and read, or by submitting via USPS, UPS,
FedEx or in-person to the City of Portland, Purchasing Rm. 103, 389 Congress St., Portland ME
04101.

There will be a mandatory pre-proposal meeting to review the City’s request and to examine the
facilities at TIME, DAY, DATE, at the LOCATION. City representatives will be available to answer
questions at this time. The City of Portland disclaims any and all responsibility for injury to proposers,
their agents, or to others while examining City facilities or at any other time.

Copies of the above documents will be available by contacting the City of Portland Purchasing
Office either via e-mail at purchasing@portlandmaine.gov, or phone (207) 874-8654. Each
prospective bidder will be required to obtain from the City each copy of the proposal forms.

Proposals from developers not registered with the Purchasing Office may be rejected. If you received
this RFP directly from the City of Portland Purchasing Office, then you are registered. Should a
developer receive this RFP from a source other than the City Purchasing Office, please contact 207-
874-8654 to ensure that your firm is registered as a proposer for this RFP.




 2
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 RFP #25xxx

 Notice and Specifications

The City of Portland, Maine seeks proposals from qualified persons or firms for the operation of a full-
day, year-round, early child care services center in a portion of a City-owned building located at 1125
Brighton Avenue, designated on the City of Portland tax maps as Parcel 269 B001001 (the
“Property”). The service will be operated by the successful proposer at the Property subject to a lease
between the proposer and the City.

Sealed proposals shall be submitted electronically to bidsubmit@portlandmaine.gov with the name of
the Proposer, RFP Name, and RFP number in the subject line and will be received until DAY, DATE
at TIME at which time they will be publicly opened and read, or by submitting via USPS, UPS,
FedEx or in-person to the City of Portland, Purchasing Rm. 103, 389 Congress St., Portland ME
04101.

Email attachments must not exceed 25MB total; you will receive a confirmation email from
bidsubmit@portlandmaine.gov if your submission is successful.

Proposals shall be submitted on the City-provided proposal form, being signed with the firm’s name,
and bearing the handwritten signature or e-signature of an officer or authorized individual having the
authority to bind the company to a contract by his/her signature.

PRE-PROPOSAL MEETING: A Pre-Proposal meeting will be held at DATE, TIME, LOCATION.

There will be a mandatory pre-proposal meeting to review the City’s request and to examine the
facilities at TIME, DAY, DATE, at the LOCATION. City representatives will be available to answer
questions at this time. The City of Portland disclaims any and all responsibility for injury to proposers,
their agents, or to others while examining City facilities or at any other time.

Questions must be submitted in writing to the Purchasing Office and be received no later than five
business days prior to the proposal opening. These may be mailed, faxed to 207-874-8652 or e-mailed
to SLChapin@portlandmaine.gov. The Purchasing Office will be the only office issuing any changes to
this Invitation. All changes, addenda, will be in writing and will be sent only to those firms on file in
Purchasing as having received this document. The City shall not be responsible for any oral
interpretation given by City personnel or others.

Proposers should not contact City Staff or members of the City Council with regard to this Request
unless to obtain general public information as specified in the document.

I. GENERAL INFORMATION

The awarded Respondent will operate a full-day, year-round, Early child care Services Center at the
Property pursuant to a lease agreement with the City for a term of approximately five (5) years. The
Lease may include an annual review and the potential for an extension at the term’s end.

PROPERTY OWNER: City of Portland
Address 389 Congress Street
Portland, Maine 04101

CONTACT: TBD
 email

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 RFP #25xxx




II. Introduction.

  The goal of the early child care center is to create a year-round, welcoming environment that provides
  high-quality, affordable, all-day care options for the children of City of Portland residents and
  employees.

  We seek a long-term relationship with a Respondent with experience caring for and educating children
  ranging in age from newborns (0) to preschool (5), whose parents/guardians are residents or employees
  of the City of Portland.

  The Respondent will be a welcoming part of the City of Portland community in addressing the child
  care needs of City residents and City of Portland employees.


II. Scope of Project.

  The City seeks a qualified early child care provider to enter into a lease of a portion of a City-owned
  building located at 1125 Brighton Avenue, for the purpose of providing child care to Portland residents
  and employees of the City of Portland.

  While the term of the lease is negotiable, the City prefers proposals that include a lease term between
  five and seven years, with the potential to extend the lease after the initial term has expired, assuming
  the City determines that the project is successful.

  The City’s property at 1125 Brighton Avenue, which totals approximately 15 acres, includes a building
  referred to as Barron Center 1, which is a skilled nursing facility that provides long-term care for over
  100 residents who need help with daily tasks. Adjacent to Barron Center 1 is another building known
  as Barron Center 2, part of which is occupied by the City of Portland’s Office of Elder Affairs (OEA),
  which provides various services and programs to Portland residents aged 60+ on and off site.

  We are seeking proposals to lease the vacant portion of Barron Center 2 (“BC2”), as well as associated
  parking spaces and green space. The leaseable area is described below, and outlined in the enclosed
  map (attachment A):

  ● 12,600 square feet of indoor space;
  ● At least two courtyards, totalling approximately 2,320 square feet;
  ● Two open green spaces, each of which is approximately 2,900 square feet in size;
  ● Parking spaces, the number and location of which will be confirmed during lease negotiations.

  Originally built as an assisted care facility in 1990, the indoor space includes four separate pods, which
  are connected by corridors. Each pod is roughly 2,500 square feet, and contains five (5) rooms
  originally designed as residents’ rooms. Each resident room is equipped with a half-bathroom. In each
  pod, the bedrooms and dining room are connected by a large, open space originally used as a common
  sitting area (see: floor plan, attachment B).




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 RFP #25xxx

A kitchenette is also included within each pod. Each kitchenette is equipped with hook-ups for
refrigerators. Up to two refrigerators are available for the successful Respondent’s use. Abutting each
kitchenette is space originally designed to be used as a dining room. Each kitchenette/dining room
combination includes approximately 650 square feet.

The two exterior courtyards are each accessible from a pod. One of the courtyards is approximately
1,550 square feet in size; the other is 770 square feet.

One or two open green spaces are also available for lease. Each space is approximately 2,900 square
feet in size. Site 1 is located in front of the entrance of BC2, and Site 2 is located at the east end of the
building, fronting on Holm Avenue (see map, attachment C). Neither site is fenced (attachment D).

The successful respondent should include a description of infrastructural changes that would be
required to meet all relevant requirements, as well as including but not limited to licensing, life safety,
and building codes requirements. At minimum, the following improvements may be needed:

● Removal or disablement of access controls for address doors or pathways to the daycare.
● Installation of smoke detectors in up to 25 rooms, depending on the desired capacity of the
respondent.
● Removal of cooking stove in an assembly area, or installation of a commercial kitchen exhaust
hood.
● Removal of latching mechanisms on outside gates, so that no gate has more than one
mechanism.

Lastly, parking for employees of the child care center, as well as for the drop-off and pick-up of
children, is included in the leasable area. Respondents should specify the number of parking spaces
needed to operate their proposed center in accordance with State licensing requirements.

The larger Barron Center property also includes the Loring House, which includes 104 units affordable
to residents aged 62+. The Loring House buildings (located on a parcel identified by Parcel ID 269
B001002) are privately owned by Loring House Associates, and located on land that is leased from the
City.

The City is also planning to lease a parcel of vacant land on the Barron Center campus to
ProsperityME (“PM”), for the purpose of developing housing. Based on their proposal, PM seeks to
create 50 affordable units for families and individuals. The City may also consider leasing a second
onsite parcel for housing development in the future (see map, attachment E).

Given the variety of uses on the site, and depending on the successful respondent’s proposal, the City
may consider onsite improvements to traffic flow and other City-owned infrastructure in order to
ensure smooth operations. These improvements would be made in consultation with onsite
stakeholders, as well as owners of property on directly-impacted roadways.

Due to zoning requirements, a change of use permit would be required to operate a child care center at
this location. The City will serve as applicant or joint applicant for the required permit after a
Respondent is selected. In addition, the City of Portland would waive any fees related to permit and
other applications administered by the City of Portland that the Respondent is required to pursue.

Proposals that closely align with the City of Portland’s interest in improving the availability and
affordability of child care are strongly preferred, as are proposals that align with the City’s goals
 5
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 RFP #25xxx

related to employee recruitment and retention. In March 2025, the City of Portland conducted a survey
on child care challenges among its employees; the predominant concerns expressed by survey
respondents were 1) availability, 2) affordability, and 3) scheduling challenges of employees with non-
traditional work hours (“shift employees”). Surveyed shift employees indicated a strong interest in
early drop-off hours (6/7 a.m.), late pick-up hours (7/8 p.m.), drop-in hours, and the ability to sign up
for less than a full week of child care (e.g. attending and paying for just two or three days weekly).




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 RFP #25xxx




III. Contents of Proposal and Evaluation Criteria.

 . Required content and minimum qualifications.

 Proposals will be evaluated on the criteria listed below. An evaluation criteria and basis for award is
 attached as “TBD”.

 The proposal must include:

 1. Experience & References: The Respondent should list at least three references and provide
 information about their experience in providing early childhood care. References from past/current
 landlords and/or government entities with which the respondent has partnered as preferred.

 In addition, the Respondent should include any relevant quality rating of previous or current child care
 delivery, as provided by the State of Maine or other licensing authority.

 2. Description of Services, Community Experience, Licensing, and Relationship: The Respondent
 should include information about their day-to-day operations of the proposed early child care space, as
 well as any requests for collaboration with City of Portland programs and/or services. The Respondent
 should also demonstrate the ability to obtain proper state licensing, and protocols for implementing
 controls for risk management related to caregiving, safety of children, providers, and staff members.

 3. Lease Term; Rental Fee Proposal: As of May 9, 2025, the Fair Market Value of BC2 is
 estimated at $4.2 million. Proposals must include a lease term and provide a rental fee for the space,
 including outdoor recreational space and parking spaces. This fee should take into account any services
 for which the City might be responsible, such as the payment of utilities.

 Depending on the proposal and other factors, the City may consider a below-market rental fee if the
 entirety of those savings are passed onto customers.

 The City's preference is to lease the entirety of the leasable space, described in Section II. Scope.
 However, the City will consider options that request a smaller footprint. Should the application be for a
 subset of the leasable space, the applicant should specify if they have any intentions for a phased scale
 up to the remaining leasable space in the future.

 4. Enrollment; Tuition Schedule; Staff Compensation. Respondents must include information
 about their enrollment processes, taking into account the set-aside number of spaces for Portland
 employees. (Note that the provider will be expected to administer enrollment for all participants,
 including City of Portland employees.) The successful respondent will accept reimbursement from the
 State of Maine Child and Adult Food Care Program (CAFCP), as well as the Child Care Assistance
 Program (CCAP). Respondents must include a tuition schedule and proposed teacher/employee pay
 range and any teacher/employee benefits that may be offered.

 5. City Priorities: Respondents should consider a year-round program for priority enrollment by
 City of Portland residents and City of Portland municipal employees, with a percentage of the center’s
 total capacity reserved for municipal employees.


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 RFP #25xxx

Respondents should clearly describe the percentage of spaces to be reserved for City of Portland
employees.

Respondents that commit to funding any proposed renovations of interior/exterior space will also be
prioritized.

The proposal should clearly address how the Respondents’ proposal addresses the above-stated City of
Portland child care challenges (affordability and availability, as well as scheduling challenges for shift
employees).

The City recognizes that the co-location of a day care center with elder care services may provide a
unique opportunity for intergenerational activities. Respondents should state if they have any
experience in intergenerational programming and if they are willing to consider such programming at
this site.


6. Timeline: The Respondent shall include a proposed timeline to become operational considering
licensing, improvements to the indoor and/or outdoor space, and other requirements that may affect the
timeline. The anticipated duration of the selection process (see Section IV, below) should also be
considered.

7. Marketing and Advertising: The Respondent will include information about how they will
market or advertise for enrollment, including any expectations for marketing and advertising assistance
from the City of Portland.

8. Capital Improvements or Renovation: The Respondent shall include a list of proposed
improvements needed prior to licensure and if City funding is desired for any of the improvements .
(Please note that no City of Portland funding is allocated for this purpose, and that the availability of
such funding is not guaranteed.)

9. Identification of Third Parties: If the Respondent proposes to use a third party (subcontractor,
sub-consultant, etc.) for completing all or a portion of the scope of work requirements, identify the
portion of the scope of work to be completed by any third parties, and identify those parties if known.


B. Evaluation Criteria

Each member of the selection committee shall use the evaluation criteria and percentage weights below
to establish their own ranking of the Respondents. The committee shall then use these individual
rankings to establish an aggregate ranking of all the accepted proposals.


1. Operational Plan and Viability (40%)

● Program Design: Quality and feasibility of the proposed child care program, including plans to
serve children aged 0–5. Includes number of children served, programming elements, staffing ratios,
hours of operation, management structure, and employee retention plan.




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 RFP #25xxx

● Capacity: Preference will be given to the qualified Respondent whose proposal includes the
highest potential child capacity, or a plan to scale up capacity over time.

● Employee Set-Aside: The percentage of total center spaces reserved for City of Portland
employees, and the process by which the provider would administer this admissions process. The City
of Portland strongly prefers proposals that include a set-aside of 50% of total spaces for this purpose,
as well as flexible scheduling options for shift employees.

● Center Readiness: Demonstrated ability and detailed plan to complete necessary renovations or
improvements to meet Maine Child Care Provider Licensing standards (e.g., safety, accessibility) and
local code requirements.

● Timeline: Clear and realistic timeline for licensing, renovations, and commencing operations,
with a target start date of 6–12 months.

● Safety and Compliance: Commitment to maintaining a safe environment, including secure
drop-off/pick-up areas, compliance with fire marshal inspections, and adherence to ADA standards for
accessible parking and facilities. Respondents are required to disclose all violations of State or local
requirements related to any child care facilities or centers they have operated from 2015 to the present,
subject to applicable confidentiality requirements.

2. Qualifications and Experience (30%)

● Provider Credentials: Licensure status or ability to secure a Maine child care license within 6
months, including evidence of compliance with DHHS licensing rules.

● Experience and Capacity: Proven track record of operating a child care center, with
demonstrated skills in program management, staff training, and child development.

● References: Strong references from partners, landlords or regulatory bodies attesting to the
provider’s performance and reliability are preferred, but not required.

● Staffing Plan: Quality of proposed staffing model, including staff-to-child ratios, qualifications
(e.g., early childhood education credentials), and ongoing training plans.

3. Financial and Affordability Considerations (20%)

● Affordability: Proposed tuition schedule, including sliding scale options or subsidies to ensure
access for low-income families, including acceptance of Child Care Assistance Program (CCAP)
vouchers and Child and Adult Care Food Program (CACFP) reimbursements.

● Lease Proposal and Anticipated Capital Expenses: Proposed rent amount and anticipate capital
expenses, including any requests that the City of Portland take responsibility for some or all of the
expenses.

● Financial Stability: Evidence of the provider’s financial capacity to sustain operations,
including a 2-year budget projection and funding sources (e.g., grants, revenue).

● Teacher Compensation: Proposed teacher salaries that are competitive to attract and retain
qualified staff, supporting program quality.

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 RFP #25xxx



 NOTE: Price will not be the sole deciding factor.

 The City of Portland reserves the right to reject any and all proposals for any reason. Proposals lacking
 the required information will not be considered. The award of the Property Lease will be subject to
 approval by the City Council.




IV. Selection Process.



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 RFP #25xxx

  Proposals will be evaluated on the criteria listed in Section III, Contents of Proposal and Evaluation
  Criteria, above. HEDC and City Council may take other factors into consideration as part of their
  decision-making process.

  The selection process is expected to proceed as follows:

  1. Month TBD: A review committee composed of City staff (the “Staff Review Committee”) will
  open, review, and evaluate all proposals. Scoring will be based solely on the criteria included in this
  RFP.

  2. Month TBD: The Staff Review Committee may conduct interviews with the highest-ranked
  Respondents. If applicable, interview requirements will be provided to those Respondents selected for
  further consideration.

  3. Month TBD: The Staff Review Committee will present its recommendation to the Council’s
  Housing & Economic Development Committee (HEDC) for consideration. HEDC will review all
  complete responses and make a recommendation to the full City Council. The HEDC is not bound by
  the recommendation of the Staff Review Committee.

  4. Month TBD: The City Council will consider the HEDC’s recommendation, but is not bound by
  that recommendation and is free to move forward with another respondent or reject all proposals. If
  the Council selects a respondent for the project, staff would begin negotiating lease terms with the
  respondent.

  5. Month TBD: Staff will present an option to lease agreement to the HEDC for recommendation
  to the full Council. The date of the HEDC (and subsequent Council) consideration will be dependent
  on the length of negotiation, as well as other factors.

  6. Month TBD: The City Council votes to approve the option to lease agreement.




V. City of Portland Standard Agreement Required.


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 RFP #25xxx

 . The successful Respondent will be required to enter into the City’s standard Property Lease. A
form of the standard agreement is attached to this RFP as Exhibit “D” and incorporated herein.

VI. FREEDOM OF ACCESS ACT

The City of Portland is subject to Maine’s Freedom of Access Act (FOAA). Under this law, the City is
required to make public information that we receive in the solicitation of proposals. FOAA does,
however, have an exception applicable to proprietary and other confidential information. In the event
that you believe that the proposal you submit contains any proprietary information, you must submit
such information in a separate sealed envelope to the City along with your sealed proposal. The
outside of this envelope must clearly be marked “Proprietary information/confidential.” Such
proprietary information will only be reviewed by Portland City officials, and only on a “need to know”
basis. The City will not disclose such information to a third party without your consent, unless it
determines that such disclosure is required by law. Prior to disclosing such information, the City will
provide you with a reasonable opportunity to seek an injunction or other court order, at your own
expense, to prevent such disclosure. The City will not be liable to any proposer or any third party for
any disclosure of confidential information.

VII. RESERVATION OF RIGHTS

The City of Portland reserves the right, at its sole discretion, to reject any and all proposals for the City
owned land, based on the quality and merits of the proposals received, or when it is determined to be in
the public interest to do so. Furthermore, the City may extend deadlines and timeframes, as needed.

The City reserves the right to waive any informalities in proposals, to accept any proposal, and, to
reject any and all proposals, should it be deemed for the best interest of the City to do so. The City
reserves the right to substantiate the Proposer’s qualifications, capability to perform, availability, past
performance record and to verify that the proposer is current in its obligations to the City.

Pursuant to City procurement policy and ordinance, the City is unable to contract with businesses or
individuals who are delinquent in their financial obligations to the City. These obligations may include
but are not limited to real estate and personal property taxes and sewer user fees. Bidders who are
delinquent in their financial obligations to the City must bring the obligation current before the City
will consider their proposal


Date Samantha L. Chapin
 Purchasing & Controls Manager




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 RFP #25xxx

 PROPOSAL FORM
 Licensed Early child care Provider

 RFP #25xxx

 ** THIS SHEET MUST BE INCLUDED IN YOUR PROPOSAL **

The UNDERSIGNED hereby declares that he/she or they are the only person(s), firm or corporation
interested in this proposal as principal, that it is made without any connection with any other person(s),
firm or corporation submitting a proposal for the same.

The UNDERSIGNED hereby declares that they have read and understand all conditions as outlined in
the Request for Proposals, and that the proposal is made in accordance with same.

The UNDERSIGNED hereby declares that any person(s) employed by the City of Portland, Maine,
who has direct or indirect personal or financial interest in this proposal or in any portion of the profits
which may be derived therefrom has been identified and the interest disclosed by separate attachment.
(Please include in your disclosure any interest which you know of. An example of a direct interest
would be a City employee who would be paid to perform services under this proposal. An example of
an indirect interest would be a City employee who is related to any officers, employees, principal or
shareholders of your firm or to you. If in doubt as to status or interest, please disclose to the extent
known).

The bidder acknowledges the receipt of Addenda numbered: _____

The bidder acknowledges the receipt of Addenda numbered: __________________________

COMPANY NAME: ___________________________________________________________
(Individual, Partnership, Corporation, Joint Venture)
AUTHORIZED SIGNATURE: _________________________________ DATE: ____________
 (Officer, Authorized Individual or Owner)
PRINT NAME & TITLE: _______________________________________________________
ADDRESS: __________________________________________________________________
 __________________________________________________________________

E-MAIL ADDRESS: _____________________________WEBSITE______________________

PHONE NUMBER: _____________________ FAX NUMBER: ________________________

STATE OF INCORPORATION: __________________ (If incorporated in another State, businesses
must be authorized to do business in the State of Maine prior to contract.)

FEDERAL TAX IDENTIFICATION NUMBER (Required): ___________________________

NOTE: Proposals must bear the handwritten signature of a duly authorized member or employee of the
organization submitting a proposal.

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 RFP #25xxx



Price? : ______________________________________________




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City of Portland | Office of the Mayor and City Council

To:  Anna Bullett, Chair Health & Human Services Committee and
Pious Ali, Chair Housing & Economic Development Committee
CC: Members of the Housing & Economic Development Committee
and the Health & Human Services Committee, Dena Libner,
Assistant City Manager
From: Kate Sykes, Councilor Dist. 5
Date: Jun 20, 2025
RE: Redlined Amendments to RFP #25XXX – Barron Center Early
Childhood Education Pilot




Councilors Bullett and Ali,

At the June HEDC meeting, the committee voted to postpone recommending RFP #25XXX in
order to ensure this proposal positions the project not just as a space lease, but as a public-sector
pilot in systems change. The intent is to ensure that our efforts to stand up an Early Childhood
Education (ECE) Center in a publicly owned space is embedded in a policy and equity strategy that
reflects the substantial groundwork laid by the HHS Committee.​
​
After reviewing the video and backup material from the February 11, 2025 HHS meeting and
conducting a nationwide policy review, I am offering a redlined version of the RFP that more
closely aligns with the HHS Committee’s policy recommendations, your proposed amendment to
the FY2026 budget to extend the Portland Childcare Voucher Collaborative (PCVC), and feedback
received from stakeholders in Portland’s child care provider community.​
​
I believe the revised RFP reflects our shared policy goals: to stabilize the ECE workforce, support
municipal employees, expand access for low-income families, and treat Early Childhood
Education as essential civic infrastructure. Below are summaries and justifications for the
proposed amendments.

Amendment 1. Clarify Vision and Intent (Section II: Introduction)

This RFP seeks to establish a pilot project for municipally supported Early Childhood Education
(ECE). This pilot is intended not only to provide high-quality, affordable, all-day ECE for the
children of city residents and City of Portland employees, but also to inform policy development
in partnership with community stakeholders. Respondents are encouraged to propose models
that address ECE workforce development, affordability, and fair access for all families.




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Rationale: This language clearly signals the City’s intention to use this site as a long-term
public-private model, not simply a tenanting opportunity. It connects the project to broader
policy goals discussed by HHS, including affordability, workforce development, and civic
infrastructure planning.



Amendment 2. Public Benefit in Exchange for Rent (Section III.A.3: “Lease Term; Rental Fee
Proposal”)

Depending on the proposal and other factors, the City may consider a below-market rental fee in
exchange for verifiable public benefit, including tuition subsidies, participation in workforce
development programs, or infrastructure investments. Respondents should itemize how reduced
rent will directly translate into public benefit.

Rationale: This amendment acknowledges that family affordability is only one piece of a much
larger challenge. Rent relief should not function as a general subsidy; it should be tied to broader
system goals—such as workforce stabilization, access for underserved families, and
infrastructure improvement. By linking reduced rent to measurable public benefit, this clause
encourages providers to contribute to structural solutions, not just short-term affordability for a
narrow group.

Amendment 3. Phased Scaling Plan (Section III.A.3: “Lease Term; Rental Fee Proposal”)

Respondents proposing to lease less than the full space must include a plan to scale up to full
capacity within three years, pending licensure and workforce availability.

Rationale: While acknowledging current workforce constraints, this amendment strengthens the
City’s expectations for full use of the site. The original RFP was vague about scaling, which risked
long-term underutilization of a valuable public asset. By requiring respondents to present a
phased expansion plan, the City signals its commitment to ensuring that public space is
leveraged for maximum community benefit as workforce conditions improve.

Amendment 4. Enrollment & Tuition Equity (Section III.A.4: Enrollment; Tuition Schedule)

The City seeks to pilot a year-round enrollment model that balances City of Portland workforce
support, public access, and affordability.

Successful respondents will be required to:​
 • Reserve at least 50% of available slots for families eligible for public assistance programs,
including the Child Care Affordability Program (CCAP), Head Start, or City-sponsored early
education vouchers. These families may include both City of Portland employees and general
residents.​
 • Ensure that a minimum of 25% of total slots are available to Portland residents who are not
employed by the City, to preserve broad community access.​
 • Provide priority access within remaining enrollment to children of City of Portland employees,
in recognition of the City’s commitment to supporting its workforce.


 389 Congress Street, Portland, Maine 04101 | 207-874-8300 | council@portlandmaine.gov
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In addition, respondents must:​
 • Include a detailed explanation of their enrollment processes, including how the prioritization of
Portland employees will be implemented within the structure described above. Please note that
the provider will be responsible for administering enrollment for all participants, including City
of Portland employees.​
 • Submit a tuition schedule, including any income-based tiers, copay structures, or fee
reductions.​
 • Indicate whether they will accept reimbursement from the State of Maine’s Child Care
Assistance Program (CCAP) and the Child and Adult Food Care Program (CACFP); and any
City-administered voucher program piloted during the lease term. The City will work with
respondents to identify eligible families, administer funds, and evaluate impact. Preference will
be given to respondents that participate in these programs.​
 • Provide a proposed teacher/employee pay range and describe any benefits that may be offered
to staff, including health care, paid leave, or professional development supports.

Rationale: This amendment adjusts the balance of access without eliminating the important
priority for municipal employees. The original RFP structure centered the needs of City staff by
encouraging that up to 50% of total enrollment be set aside for them. While addressing employee
needs is essential--especially in light of survey data showing a lack of child care as a major
barrier to workforce retention, that structure placed employees at the center of a publicly
subsidized program, when our values call for centering equity and public good. The updated
language also affirms participation in existing public funding mechanisms, including CCAP and
CACFP, as well as the Portland Childcare Voucher Collaborative (PCVC), ensuring financial
accessibility for families across income levels.

The revised language creates a three-part framework:

 · 50% of seats must go to families eligible for public child care assistance—advancing
 affordability and equity, as prioritized by the HHS Committee;

 ·  A guaranteed 25% for Portland residents who are not City employees—ensuring the
 community has direct access;

 ·  Priority access for remaining seats to City employees—without guaranteeing a fixed
 portion, giving providers the flexibility to meet demand while still responding to staffing
 needs.

This approach honors the spirit of the original proposal by supporting City workers, while also
ensuring that this pilot reflects the City Council’s stated goals around equity.

Amendment 5. Require Participation in Maine Salary Supplement Program (Section III.A.5:
Staff Compensation)

Respondents must participate in Maine’s Early Educator Salary Supplement Program and agree to
submit staff information necessary for eligibility and reimbursement. The City intends to match
these stipends or otherwise augment wages through a local pilot program during the lease term.

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Rationale: This is essential to stabilizing the early care workforce. The supplement program is
active statewide and widely used. It opens the door for the Council to develop a local matching
program to support wage elevation and retention over the lease period.

Amendment 6. Intergenerational Program Language (New Section III. A.6: Promoting
Intergenerational Learning and Therapeutic Benefit)

Respondents should include any plans for intergenerational programming in partnership with
the Barron Center or Office of Elder Affairs; the City views such models as a potential innovation
with therapeutic and community benefits.

Rationale: The co-location with elder services creates a real opportunity. This clause encourages
but does not mandate creative programming to maximize opportunities presented by the site.

Amendment 7. Evaluation & Transparency Clause (New Section III.A.11: Reporting and
Evaluation Requirement)

Respondents will anticipate the submission of quarterly reports to the City on enrollment
demographics and program utilization; staff compensation and turnover; use of CCAP, CACFP,
and other public subsidies; Tuition schedule and copay levels by income band; Participation in
workforce supplement or training programs. These reports will inform an annual review by the
City Council’s HHS and Committees and may be used to evaluate renewal or expansion.


Rationale: Public investment must come with public transparency. These data points mirror other
municipal ECE pilots and will help us shape future programs.



Note on Terminology: In several sections, the term “Child Care” has been revised to “Early
Childhood Education” or “ECE.” This change reflects an intentional shift in how we frame this
work: not simply as supervision or custodial care, but as essential educational infrastructure. As
Councilor Bullett rightly noted, words matter. That said, I also recognize that state licensure
categories and funding programs still use the term “child care,” and I have tried to preserve that
language where legal or programmatic references make it necessary. Going forward, we should
continue to reinforce this shift while remaining clear and accessible.



In Summary

I want to acknowledge that the original RFP prepared by staff was thoughtful, well-crafted, and
responsive to the practical realities of early childhood education administration. The
amendments I’ve proposed are not intended as a critique, but as a complement. They reflect the
Council’s broader policy role and are grounded in the excellent foundation laid by the HHS
Committee.




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I recognize that setting too high a bar could unintentionally narrow the pool of applicants. I have
tried to strike a balance—raising our sights without making participation unfeasible. It is already
a visionary step for the City to devote public resources to municipally supported early education.
The goal of these revisions is not to make the work harder, but to align it with the ambition I
believe this moment calls for.

Because the HHS Committee has led the City’s policy thinking on this issue, I would recommend
that they review and provide input on these amendments before the HEDC forwards a final
version to the full Council.




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 vieve




 CITY OF PORTLAND, MAINE

LICENSED EARLY CHILD CAREHOOD EDUCATION
 PROVIDER
 RFP #25xxx



 June xx, 2025




 1




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 RFP #25xxx

 LEGAL NOTICE


 City of Portland, Maine

 Request for Proposals

 “LICENSED EARLY CHILDHOOD CAREEDUCATION CENTERPROVIDER”

RFP #25xxx

The City of Portland, Maine seeks proposals from qualified persons or firms for the operation of a full-
day, year-round, Early Childhood Education (ECE) Care Center at 1125 Brighton Avenue, designated
on the City of Portland tax maps as Parcel 269 B001001.

Sealed proposals shall be submitted electronically to bidsubmit@portlandmaine.gov with the name of
the Proposer, RFP Name, and RFP number in the subject line and will be received until DAY, DATE
at TIME at which time they will be publicly opened and read, or by submitting via USPS, UPS,
FedEx or in-person to the City of Portland, Purchasing Rm. 103, 389 Congress St., Portland ME
04101.

There will be a mandatory pre-proposal meeting to review the City’s request and to examine the
facilities at TIME, DAY, DATE, at the LOCATION. City representatives will be available to answer
questions at this time. The City of Portland disclaims any and all responsibility for injury to proposers,
their agents, or to others while examining City facilities or at any other time.

Copies of the above documents will be available by contacting the City of Portland Purchasing
Office either via e-mail at purchasing@portlandmaine.gov, or phone (207) 874-8654. Each
prospective bidder will be required to obtain from the City each copy of the proposal forms.

Proposals from developers not registered with the Purchasing Office may be rejected. If you received
this RFP directly from the City of Portland Purchasing Office, then you are registered. Should a
developer receive this RFP from a source other than the City Purchasing Office, please contact 207-
874-8654 to ensure that your firm is registered as a proposer for this RFP.




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 RFP #25xxx

 Notice and Specifications

The City of Portland, Maine seeks proposals from qualified persons or firms for the operation of a full-
day, year-round, Eearly Cchildhood Education care services center in a portion of a City-owned
building located at 1125 Brighton Avenue, designated on the City of Portland tax maps as Parcel 269
B001001 (the “Property”). The service will be operated by the successful proposer at the Property
subject to a lease between the proposer and the City.

Sealed proposals shall be submitted electronically to bidsubmit@portlandmaine.gov with the name of
the Proposer, RFP Name, and RFP number in the subject line and will be received until DAY, DATE
at TIME at which time they will be publicly opened and read, or by submitting via USPS, UPS,
FedEx or in-person to the City of Portland, Purchasing Rm. 103, 389 Congress St., Portland ME
04101.

Email attachments must not exceed 25MB total; you will receive a confirmation email from
bidsubmit@portlandmaine.gov if your submission is successful.

Proposals shall be submitted on the City-provided proposal form, being signed with the firm’s name,
and bearing the handwritten signature or e-signature of an officer or authorized individual having the
authority to bind the company to a contract by his/her signature.

PRE-PROPOSAL MEETING: A Pre-Proposal meeting will be held at DATE, TIME, LOCATION.

There will be a mandatory pre-proposal meeting to review the City’s request and to examine the
facilities at TIME, DAY, DATE, at the LOCATION. City representatives will be available to answer
questions at this time. The City of Portland disclaims any and all responsibility for injury to proposers,
their agents, or to others while examining City facilities or at any other time.

Questions must be submitted in writing to the Purchasing Office and be received no later than five
business days prior to the proposal opening. These may be mailed, faxed to 207-874-8652 or e-mailed
to SLChapin@portlandmaine.gov. The Purchasing Office will be the only office issuing any changes to
this Invitation. All changes, addenda, will be in writing and will be sent only to those firms on file in
Purchasing as having received this document. The City shall not be responsible for any oral
interpretation given by City personnel or others.

Proposers should not contact City Staff or members of the City Council with regard to this Request
unless to obtain general public information as specified in the document.

I. GENERAL INFORMATION

The awarded Respondent will operate a full-day, year-round, Early Cchildhood Education care
Services Center at the Property pursuant to a lease agreement with the City for a term of approximately
five (5) years. The Lease may include an annual review and the potential for an extension at the term’s
end.

PROPERTY OWNER: City of Portland
Address 389 Congress Street
Portland, Maine 04101

CONTACT: TBD
 email
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 RFP #25xxx




II. Introduction.


  This RFP seeks to establish a pilot project for municipally supported Early Childhood Education Formatted: No bullets or numbering
  (ECE). This pilot is intended not only to provide high-quality, affordable, all-day ECE for the children
  of city residents and City of Portland employees, but also to inform policy development in partnership
  with community stakeholders. Respondents are encouraged to propose models that address ECE
  workforce development, affordability, and fair access for all families.

  The goal of the early child care center is to create a year-round, welcoming environment that provides
  high-quality, affordable, all-day care options for the children of City of Portland residents and
  employees.

  We seek a long-term relationship with a Respondent with experience caring for and educating children
  ranging in age from newborns (0) to preschool (5), whose parents/guardians are residents or employees
  of the City of Portland.

  The Respondent will be a welcoming part of the City of Portland community in addressing the child
  care needs of City residents and City of Portland employees.


II. Scope of Project.

  The City seeks a qualified Eearly Cchildhood Education care(ECE) provider to enter into a lease of a
  portion of a City-owned building located at 1125 Brighton Avenue, for the purpose of providing child
  careECE to Portland residents and employees of the City of Portland.

  While the term of the lease is negotiable, the City prefers proposals that include a lease term between
  five and seven years, with the potential to extend the lease after the initial term has expired, assuming
  if the City determines that the project is successful.

  The City’s property at 1125 Brighton Avenue, which totals approximately 15 acres, includes a building
  referred to as Barron Center 1, which is a skilled nursing facility that provides long-term care for over
  100 residents who need help with daily tasks. Adjacent to Barron Center 1 is another building known
  as Barron Center 2, part of which is occupied by the City of Portland’s Office of Elder Affairs (OEA),
  which provides various services and programs to Portland residents aged 60+ on and off site.

  We are seeking proposals to lease the vacant portion of Barron Center 2 (“BC2”), as well as associated
  parking spaces and green space. The leaseable area is described below, and outlined in the enclosed
  map (attachment A):

  ● 12,600 square feet of indoor space;
  ● At least two courtyards, totallingtotaling approximately 2,320 square feet;
  ● Two open green spaces, each of which is approximately 2,900 square feet in size;
  ● Parking spaces, the number and location of which will be confirmed during lease negotiations.



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 RFP #25xxx

Originally built as an assisted care facility in 1990, the indoor space includes four separate pods, which
are connected by corridors. Each pod is roughly 2,500 square feet, and contains five (5) rooms
originally designed as residents’ rooms. Each resident room is equipped with a half-bathroom. In each
pod, the bedrooms and dining room are connected by a large, open space originally used as a common
sitting area (see: floor plan, attachment B).


A kitchenette is also included within each pod. Each kitchenette is equipped with hook-ups for
refrigerators. Up to two refrigerators are available for the successful Respondent’s use. Abutting each
kitchenette is space originally designed to be used as a dining room. Each kitchenette/dining room
combination includes approximately 650 square feet.

The two exterior courtyards are each accessible from a pod. One of the courtyards is approximately
1,550 square feet in size; the other is 770 square feet.

One or two open green spaces are also available for lease. Each space is approximately 2,900 square
feet in size. Site 1 is located in front of the entrance of BC2, and Site 2 is located at the east end of the
building, fronting on Holm Avenue (see map, attachment C). Neither site is fenced (attachment D).

The successful respondent should include a description of infrastructural changes that would be
required to meet all relevant requirements, as well as including but not limited to licensing, life safety,
and building codes requirements. At minimum, the following improvements may be needed:

● Removal or disablement of access controls for address doors or pathways to the daycareECE
Center.
● Installation of smoke detectors in up to 25 rooms, depending on the desired capacity of the
respondent.
● Removal of cooking stove in an assembly area, or installation of a commercial kitchen exhaust
hood.
● Removal of latching mechanisms on outside gates, so that no gate has more than one
mechanism.

Lastly, parking for employees of the child care Ccenter, as well as for the drop-off and pick-up of
children, is included in the leasable area. Respondents should specify the number of parking spaces
needed to operate their proposed center in accordance with State licensing requirements.

The larger Barron Center property also includes the Loring House, which includes 104 units affordable
to residents aged 62+. The Loring House buildings (located on a parcel identified by Parcel ID 269
B001002) are privately owned by Loring House Associates, and located on land that is leased from the
City.

The City is also planning to lease a parcel of vacant land on the Barron Center campus to
ProsperityME (“PM”), for the purpose of developing housing. Based on their proposal, PM seeks to
create 50 affordable units for families and individuals. The City may also consider leasing a second
onsite parcel for housing development in the future (see map, attachment E).

Given the variety of uses on the site, and depending on the successful respondent’s proposal, the City
may consider onsite improvements to traffic flow and other City-owned infrastructure in order to
ensure smooth operations. These improvements would be made in consultation with onsite
stakeholders, as well as owners of property on directly-impacted roadways.
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 RFP #25xxx



Due to zoning requirements, a change of use permit would be required to operate an ECE child care
center at this location. The City will serve as applicant or joint applicant for the required permit after a
Respondent is selected. In addition, the City of Portland would waive any fees related to permit and
other applications administered by the City of Portland that the Respondent is required to pursue.

Proposals that closely align with the City of Portland’s interest in improving the availability and
affordability of child careECE are strongly preferred, as are proposals that align with the City’s goals
related to employee recruitment and retention. In March 2025, the City of Portland conducted a survey
on child careECE challenges among its employees; the predominant concerns expressed by survey
respondents were 1) availability, 2) affordability, and 3) scheduling challenges of employees with non-
traditional work hours (“shift employees”). Surveyed shift employees indicated a strong interest in
early drop-off hours (6/7 a.m.), late pick-up hours (7/8 p.m.), drop-in hours, and the ability to sign up
for less than a full week of child careECE (e.g. attending and paying for just two or three days weekly).




 6




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 RFP #25xxx




III. Contents of Proposal and Evaluation Criteria.

 . Required content and minimum qualifications.

 Proposals will be evaluated on the criteria listed below. An evaluation criteria and basis for award is
 attached as “TBD”.

 The proposal must include:

 1. Experience & References: The Respondent should list at least three references and provide
 information about their experience in providing Eearly Cchildhood careEducation (ECE). References
 from past/current landlords and/or government entities with which the respondent has partnered ias
 preferred.

 In addition, the Respondent should include any relevant quality rating of previous or current child
 careECE delivery, as provided by the State of Maine or other licensing authority.

 2. Description of Services, Community Experience, Licensing, and Relationship: The Respondent
 should include information about their day-to-day operations of the proposed early child careECE
 spaceCenter, as well as any requests for collaboration with City of Portland programs and/or services.
 The Respondent should also demonstrate the ability to obtain proper state licensing, and protocols for
 implementing controls for risk management related to education, caregiving, safety of children,
 providers, and staff members.

 3. Lease Term; Rental Fee Proposal: As of May 9, 2025, the Fair Market Value of BC2 is
 estimated at $4.2 million. Proposals must include a lease term and provide a rental fee for the space,
 including outdoor recreational space and parking spaces. This fee should take into account any services
 for which the City might be responsible, such as the payment of utilities.

 Depending on the proposal and other factors, the City may consider a below-market rental fee if the
 entirety of those savings are passed onto customers.in exchange for verifiable public benefit, including
 tuition subsidies, participation in workforce development programs, or infrastructure investments.
 Respondents should itemize how reduced rent will directly translate into public benefit.

 The City's preference is to lease the entirety of the leasable space, described in Section II. Scope.
 However, the City will consider options that request a smaller footprint. Should the application be for a
 subset of the leasable space, the applicant should specify if they have any intentions for a phased scale
 up to the remaining leasable space in the future. Respondents proposing to lease less than the full space


 7




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 RFP #25xxx

must include a plan to scale up to full capacity within three (3) years, pending licensure and workforce
availability.

4. Enrollment; Tuition Schedule; Staff Compensation. Respondents must include information about
their enrollment processes, taking into account the set-aside number of spaces for Portland employees.
(Note that the provider will be expected to administer enrollment for all participants, including City of
Portland employees.) The successful respondent will accept reimbursement from the State of
Maine Child and Adult Food Care Program (CAFCP), as well as the Child Care Assistance Program
(CCAP). Respondents must include a tuition schedule and proposed teacher/employee pay range and
any teacher/employee benefits that may be offered.

The City seeks to pilot a year-round enrollment model that balances City of Portland workforce
support, public access, and affordability.

Successful respondents will be required to:
• Reserve at least 50% of available slots for families eligible for public assistance programs, including Formatted: Font: Not Bold
the Child Care Affordability Program (CCAP), Head Start, or City-sponsored early education
vouchers. These families may include both City of Portland employees and general residents.
• Ensure that a minimum of 25% of total slots are available to Portland residents who are not employed Formatted: Font: Not Bold
by the City, to preserve broad community access.
• Provide priority access within remaining enrollment to children of City of Portland employees, in Formatted: Font: Not Bold
recognition of the City’s commitment to supporting its workforce.

In addition, respondents must:
• Include a detailed explanation of their enrollment processes, including how the prioritization of
Portland employees will be implemented within the structure described above. Please note that the
provider will be responsible for administering enrollment for all participants, including City of
Portland employees.
• Submit a tuition schedule, including any income-based tiers, copay structures, or fee reductions.
• Indicate whether they will accept reimbursement from the State of Maine’s Child Care Assistance
Program (CCAP) and the Child and Adult Food Care Program (CACFP); and any City-administered
voucher program piloted during the lease term. The City will work with respondents to identify eligible
families, administer funds, and evaluate impact. Preference will be given to respondents that
participate in these programs.
• Provide a proposed teacher/employee pay range and describe any benefits that may be offered to
staff, including health care, paid leave, or professional development supports.



5. Staff Compensation: Respondents must submit a proposed teacher/employee pay range and any Formatted: No bullets or numbering
teacher/employee benefits that will be offered. Respondents must participate in Maine’s Early
Educator Salary Supplement Program and agree to submit staff information necessary for eligibility
and reimbursement. The City intends to match these stipends or otherwise augment wages through a
local pilot program during the lease term.

4.

5. City Priorities: Respondents should consider a year-round program for priority enrollment by Formatted: No bullets or numbering
City of Portland residents and City of Portland municipal employees, with a percentage of the center’s


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 RFP #25xxx

total capacity reserved for municipal employees.

Respondents should clearly describe the percentage of spaces to be reserved for City of Portland
employees.

Respondents that commit to funding any proposed renovations of interior/exterior space will also be
prioritized.

The proposal should clearly address how the Respondents’ proposal addresses the above-stated City of
Portland child care challenges (affordability and availability, as well as scheduling challenges for shift
employees).

6. Promoting Intergenerational Learning and Therapeutic Benefit: The City recognizes that the co-
location of an ECE day care Ccenter with elder care services may provides a unique opportunity for
intergenerational activities. Respondents should include any experience with and/or plans for
intergenerational programming in partnership with the Barron Center or Office of Elder Affairs; the
City views such models as a potential innovation with therapeutic and community benefits.
Respondents should state if they have any experience in intergenerational programming and if they are
willing to consider such programming at this site.


6.4. Timeline: The Respondent shall include a proposed timeline to become operational considering
licensing, improvements to the indoor and/or outdoor space, and other requirements that may affect the
timeline. The anticipated duration of the selection process (see Section IV, below) should also be
considered. Commented [KS1]: Sorry, Dena, from this point, the numbering
 got all messed up and I don’t know how to fix it! In the memo it is
 correct. (I hope)
7.5. Marketing and Advertising: The Respondent will include information about how they will
market or advertise for enrollment, including any expectations for marketing and advertising assistance
from the City of Portland.

8.6. Capital Improvements or Renovation: The Respondent shall include a list of proposed
improvements needed prior to licensure and if City funding is desired for any of the improvements .
(Please note that no City of Portland funding is allocated for this purpose, and that the availability of
such funding is not guaranteed.) Respondents that commit to funding any proposed renovations of
interior/exterior space will also be prioritized.

7. Identification of Third Parties: If the Respondent proposes to use a third party (subcontractor,
sub-consultant, etc.) for completing all or a portion of the scope of work requirements, identify the
portion of the scope of work to be completed by any third parties, and identify those parties if known.
8.
9. Reporting and Evaluation Requirement: Respondents will anticipate the submission of Formatted: Underline
quarterly reports to the City on enrollment demographics and program utilization; staff compensation
and turnover; use of CCAP, CACFP, and other public subsidies; Tuition schedule and copay levels by
income band; Participation in workforce supplement or training programs. These reports will inform an
annual review by the City Council’s HHS and Committees and may be used to evaluate renewal or
expansion.


B. Evaluation Criteria


 9




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 RFP #25xxx

Each member of the selection committee shall use the evaluation criteria and percentage weights below
to establish their own ranking of the Respondents. The committee shall then use these individual
rankings to establish an aggregate ranking of all the accepted proposals.


1. Operational Plan and Viability (40%)

● Program Design: Quality and feasibility of the proposed Early Cchildhood Education (ECE)
care program, including plans to serve children aged 0–5. Includes number of children served,
programming elements, staffing ratios, hours of operation, management structure, and employee
retention plan.

● Capacity: Preference will be given to the qualified Respondent whose proposal includes the
highest potential child capacity, or a plan to scale up capacity over time.

● Enrollment Model: Proposals will be evaluated on how effectively they meet the City’s
equity, affordability, and workforce access goals. Strong proposals will:
• Demonstrate compliance with the enrollment structure outlined in Section III.A, including the
required allocations for publicly assisted families and Portland residents.
• Clearly describe how priority access for City employees will be implemented without displacing
public access or income-eligible enrollment, as well as flexible scheduling options for shift employees.
• Articulate a fair and transparent admissions process aligned with public benefit goals.mployee Set-
Aside: The percentage of total center spaces reserved for City of Portland employees, and the process
by which the provider would administer this admissions process. The City of Portland strongly prefers
proposals that include a set-aside of 50% of total spaces for this purpose, as well as flexible scheduling
options for shift employees.

● Center Readiness: Demonstrated ability and detailed plan to complete necessary renovations or
improvements to meet Maine Child Care Provider Licensing standards (e.g., safety, accessibility) and
local code requirements.

● Timeline: Clear and realistic timeline for licensing, renovations, and commencing operations,
with a target start date of 6–12 months.

● Safety and Compliance: Commitment to maintaining a safe environment, including secure
drop-off/pick-up areas, compliance with fire marshal inspections, and adherence to ADA standards for
accessible parking and facilities. Respondents are required to disclose all violations of State or local
requirements related to any child care facilities or ECE centers they have operated from 2015 to the
present, subject to applicable confidentiality requirements.

2. Qualifications and Experience (30%)

● Provider Credentials: Licensure status or ability to secure a Maine child care license within 6
months, including evidence of compliance with DHHS licensing rules.

● Experience and Capacity: Proven track record of operating an child careECE center, with
demonstrated skills in program management, staff training, and child development.

● References: Strong references from partners, landlords or regulatory bodies attesting to the
provider’s performance and reliability are preferred, but not required.

 10




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 RFP #25xxx

● Staffing Plan: Quality of proposed staffing model, including staff-to-child ratios, qualifications
(e.g., early childhood education credentials), and ongoing training plans.

3. Financial and Affordability Considerations (20%)

● Affordability: Proposed tuition schedule, including sliding scale options or subsidies to ensure
access for low-income families, including acceptance of Child Care Assistance Program (CCAP) city
sponsored vouchers and Child and Adult Care Food Program (CACFP) reimbursements.

● Lease Proposal and Anticipated Capital Expenses: Proposed rent amount and anticipate capital
expenses, including any requests that the City of Portland take responsibility for some or all of the
expenses.

● Financial Stability: Evidence of the provider’s financial capacity to sustain operations,
including a 2-year budget projection and funding sources (e.g., grants, revenue).

● Teacher Compensation: Proposed teacher salaries that are competitive to attract and retain
qualified staff, supporting program quality. Respondents should demonstrate compliance with the staff
compensation preferences outlined in Section III.



NOTE: Price will not be the sole deciding factor.

The City of Portland reserves the right to reject any and all proposals for any reason. Proposals lacking
the required information will not be considered. The award of the Property Lease will be subject to
approval by the City Council.




 11




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 RFP #25xxx




IV. Selection Process.

 Proposals will be evaluated on the criteria listed in Section III, Contents of Proposal and Evaluation
 Criteria, above. HEDC and City Council may take other factors into consideration as part of their
 decision-making process.

 The selection process is expected to proceed as follows:

 1. Month TBD: A review committee composed of City staff (the “Staff Review Committee”) will
 open, review, and evaluate all proposals. Scoring will be based solely on the criteria included in this
 RFP.

 2. Month TBD: The Staff Review Committee may conduct interviews with the highest-ranked
 Respondents. If applicable, interview requirements will be provided to those Respondents selected for
 further consideration.

 3. Month TBD: The Staff Review Committee will present its recommendation to the Council’s
 Housing & Economic Development Committee (HEDC) for consideration. HEDC will review all
 complete responses and make a recommendation to the full City Council. The HEDC is not bound by
 the recommendation of the Staff Review Committee.

 4. Month TBD: The City Council will consider the HEDC’s recommendation, but is not bound by
 that recommendation and is free to move forward with another respondent or reject all proposals. If
 the Council selects a respondent for the project, staff would begin negotiating lease terms with the
 respondent.

 5. Month TBD: Staff will present an option to lease agreement to the HEDC for recommendation
 to the full Council. The date of the HEDC (and subsequent Council) consideration will be dependent
 on the length of negotiation, as well as other factors.

 6. Month TBD: The City Council votes to approve the option to lease agreement.



 12




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 RFP #25xxx




V. City of Portland Standard Agreement Required.

 . The successful Respondent will be required to enter into the City’s standard Property Lease. A
  form of the standard agreement is attached to this RFP as Exhibit “D” and incorporated herein.

  VI. FREEDOM OF ACCESS ACT

  The City of Portland is subject to Maine’s Freedom of Access Act (FOAA). Under this law, the City is
  required to make public information that we receive in the solicitation of proposals. FOAA does,
  however, have an exception applicable to proprietary and other confidential information. In the event
  that you believe that the proposal you submit contains any proprietary information, you must submit
  such information in a separate sealed envelope to the City along with your sealed proposal. The
  outside of this envelope must clearly be marked “Proprietary information/confidential.” Such
  proprietary information will only be reviewed by Portland City officials, and only on a “need to know”
  basis. The City will not disclose such information to a third party without your consent, unless it
  determines that such disclosure is required by law. Prior to disclosing such information, the City will
  provide you with a reasonable opportunity to seek an injunction or other court order, at your own
  expense, to prevent such disclosure. The City will not be liable to any proposer or any third party for
  any disclosure of confidential information.

  VII. RESERVATION OF RIGHTS

  The City of Portland reserves the right, at its sole discretion, to reject any and all proposals for the City
  owned land, based on the quality and merits of the proposals received, or when it is determined to be in
  the public interest to do so. Furthermore, the City may extend deadlines and timeframes, as needed.

  The City reserves the right to waive any informalities in proposals, to accept any proposal, and, to
  reject any and all proposals, should it be deemed for the best interest of the City to do so. The City
  reserves the right to substantiate the Proposer’s qualifications, capability to perform, availability, past
  performance record and to verify that the proposer is current in its obligations to the City.

  Pursuant to City procurement policy and ordinance, the City is unable to contract with businesses or
  individuals who are delinquent in their financial obligations to the City. These obligations may include
 13




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 RFP #25xxx

but are not limited to real estate and personal property taxes and sewer user fees. Bidders who are
delinquent in their financial obligations to the City must bring the obligation current before the City
will consider their proposal


Date Samantha L. Chapin
 Purchasing & Controls Manager




 14




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 RFP #25xxx

 PROPOSAL FORM
 Licensed Early Cchildhood Education care Provider

 RFP #25xxx

 ** THIS SHEET MUST BE INCLUDED IN YOUR PROPOSAL **

The UNDERSIGNED hereby declares that he/she or they are the only person(s), firm or corporation
interested in this proposal as principal, that it is made without any connection with any other person(s),
firm or corporation submitting a proposal for the same.

The UNDERSIGNED hereby declares that they have read and understand all conditions as outlined in
the Request for Proposals, and that the proposal is made in accordance with same.

The UNDERSIGNED hereby declares that any person(s) employed by the City of Portland, Maine,
who has direct or indirect personal or financial interest in this proposal or in any portion of the profits
which may be derived therefrom has been identified and the interest disclosed by separate attachment.
(Please include in your disclosure any interest which you know of. An example of a direct interest
would be a City employee who would be paid to perform services under this proposal. An example of
an indirect interest would be a City employee who is related to any officers, employees, principal or
shareholders of your firm or to you. If in doubt as to status or interest, please disclose to the extent
known).

The bidder acknowledges the receipt of Addenda numbered: _____

The bidder acknowledges the receipt of Addenda numbered: __________________________

COMPANY NAME: ___________________________________________________________
(Individual, Partnership, Corporation, Joint Venture)
AUTHORIZED SIGNATURE: _________________________________ DATE: ____________
 (Officer, Authorized Individual or Owner)
PRINT NAME & TITLE: _______________________________________________________
ADDRESS: __________________________________________________________________
 __________________________________________________________________

E-MAIL ADDRESS: _____________________________WEBSITE______________________

PHONE NUMBER: _____________________ FAX NUMBER: ________________________

STATE OF INCORPORATION: __________________ (If incorporated in another State, businesses
must be authorized to do business in the State of Maine prior to contract.)

FEDERAL TAX IDENTIFICATION NUMBER (Required): ___________________________

NOTE: Proposals must bear the handwritten signature of a duly authorized member or employee of the
organization submitting a proposal.

 15




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 RFP #25xxx



Price? : ______________________________________________




 16




 Page 90
City of Portland | Housing and Economic Development Department
Housing and Community Development Division
Mary P. Davis, Division Director

To: Councilor Ali, Chair
 Members of the Housing and Economic Development
Committee


MEETING DATE: September 23, 2025

AGENDA ITEM

Review and Recommendation to the City Council re Lambert Woods North – 622 Auburn Street -
$360,000 funding request from the Jill C. Duson Housing Trust Fund.

PURPOSE

Preservation of Affordable Housing (POAH) has submitted for review and a recommendation by
the Housing and Economic Development Committee to the City Council, a request for a loan in
the amount of $360,000 from the Jill C. Duson Housing Trust Fund.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT

Increase, and modify the overall supply of housing city-wide to meet the needs, preferences and
financial capabilities of all Portland residents.

BACKGROUND/ANALYSIS

Preservation of Affordable Housing (POAH) is requesting $360,000 in funding for Lambert
Woods North, a proposed development located on city-owned land at 622 Auburn Street (future
address: 2274 Washington Avenue, ) and comprising 72 apartments across 6 residential buildings.
The project will offer a mix of townhomes and three-story walkup apartments, with 34
one-bedroom, 10 two-bedroom, and 28 three-bedroom units. These units will be affordable for
households earning up to 60% of the Area Median Income (AMI), which translates to $62,340 for
a two-person household, $70,140 for a three-person household, and $77,880 for a four-person
household. The development is designed to be age inclusive, serve a range of household sizes and
will be managed by POAH Communities.

The initial Purchase and Sale Agreement for the property was between the City and Maine
Cooperative Development Partners, POAH’s development partner. This agreement has since been
amended to name Lambert Woods North LLC, the entity established for this development, as the
purchaser.

The developer’s financial structure for this project includes Low Income Housing Tax credits as
well as a City of Portland Affordable Housing Tax Increment Financing/Credit Enhancement
Agreement (AHTIF/CEA) (approved by City Council in December, 2023). The AHTIF/CEA will



 1

 Page 91
return to the developer 75% of the increased assessed value realized as the result of the
development of this project. The AHTIF revenue will be used to offset project operating costs.

The project currently has a $360,000 gap caused by the loss of 45L Energy Tax Credits and
increased engineering costs. The 45L energy tax credits were recently eliminated by the federal
government. Delays in closing and design changes led to increased engineering, architecture, and
legal costs.

The City of Portland’s underwriting consultant recommends a loan of $360,000 with a 30-year
term, to be repaid from cashflow with specific terms to be negotiated by staff before executing
loan documents and conditioned upon satisfactory review of the following prior to loan closing:

 ●​ Transfer of land consistent with project terms; and
 ●​ Executed Joint Venture agreements.

FISCAL IMPACT – N/A

CONCLUSIONS

Staff is seeking HEDC approval of this funding request, along with a recommendation of approval
to the City Council.

1.​ Motion to recommend to the City Council approval of $360,000 in funding from the Jill C.
 Duson Housing Trust Fund for the Lambert Woods North project at 622 Auburn Street/2274
 Washington Avenue.

PRIOR COMMITTEE REVIEW:

PREPARED BY
Mary Davis, Division Director
Housing and Community Development
 Division


ATTACHMENTS
Lambert Woods North Application Information
Underwriting Memo




 2

 Page 92
B. Project Information Case Id: 30628
 Name: Lambert Woods North LLC - 2025
Completed by vwhite@poah.org on 8/7/2025 9:14 AM
 Address: *No Address Assigned


B. Project Information

Please provide the following information.

B.1. Property Address
2274 Washington Avenue Portland, ME 04103

B.2. Project Name
Lambert Woods North

B.3. Tax chart, block, and lot number
Parcel ID: 385 D008001

B.4. Zoning Designation
RN-1 (Neighborhood Residential)

B.5. Is the requested funding type HOME/HTF?
Yes

B.6. Requested amount of Affordable Housing Development Funding
$360,000.00

B.7. Is the requested funding type AHTIF?
No

B.8. Total number of housing units to be constructed:
72

B.9. Total number of housing units to be rehabilitated:
0

B.10. Total Number of market rate units:
0

B.11. Total number of deed restricted units:
72

B.12. Total number of Units at 120% AMI:
0

B.13. Total number of Units at 110% AMI:
0
 Printed By: Mary Davis on 8/14/2025 1 of 3



 Page 93
B.14. Total number of Units at 100% AMI:
0

B.15. Total number of Units at 80% AMI:
0

B.16. Total number of Units at 60% AMI:
72

B.17. Total number of Units at 50% AMI:
0

B.18. Total number of Units at 40% AMI:
0

B.19. Housing Type
Rental

B.20. Total number of studio/efficiency units:
0

B.21. Total number of one-bedroom units:
34

B.22. Total number of two-bedroom units:
10

B.23. Total number of three-bedroom units
28

B.24. Total number of four-bedroom units
0

B.25. Total number of five-bedroom units
0

B.26. Property Manager
POAH Communities

B.27. When is construction expected to begin?
10/01/2025

B.28. Please use the box below to answer the remaining questions and provide a narrative description of the
project that includes:

 • Description of municipal housing need and how the development addresses that need;

 Printed By: Mary Davis on 8/14/2025 2 of 3



 Page 94
 • Requested amount of Affordable Housing Development Funding;
 • Description of how City’s participation is financially necessary in order for the project to proceed;
 • Description of allowed uses in the zone;
 • Description of residential and non-residential uses in the area;
 • Description of accessory uses relating to residential use, if any;
 • Indicate if this project requires relocation of existing commercial or residential tenants;
 • Description of relocation plan for persons temporarily or permanently displaced by development activities;
 • Description of how the development is consistent with the Comprehensive Plan
 • Description of how housing and facilities in the development will be operated after completion;
 • Description of planned uses of tax increment revenues from the district (AHTIF projects only).


The Lambert Woods North project will supply 72 units of affordable housing to Portland. Lambert Woods North is
currently located at 622 Auburn Street but has a future address of 2274 Washington Avenue. All units are capped at
60% AMI and the deal anticipates using Low Income Housing Tax credits as well as a City of Portland sponsored TIF
(approved by City Council on 12/18/2023). The project currently has a $360,000 gap that caused by the removal of
45L Energy Tax Credits and increased engineering costs. When the project went to planning board with our revised
plans in fall 2024, we assumed $309,000 of 45L energy tax credits would come in at construction completion.
Unfortunately the One Big Beautiful Bill Act eliminates this credit and leaves our project with a significant funding gap.
Additionally, due to closing delays and design changes our engineering, architecture, and legal costs have increased.
We are requesting a total of $360,00 in Affordable Housing Trust Funds to fill these gaps. This project is zoned for
residential use and has already been approved with the City of Portland, initial approval granted on 2/28/2023 and
the amended plans were approved on 1/27/2025. Lambert Woods North is in the final stages of review with Maine
Housing and expects to close in the fall of 2025. Since this is new construction there are no tenant relocation or
tenant displacement. Lambert Woods North will be owned by Preservation of Affordable Housing, Inc. (POAH) and
managed by POAH Communities, our sister company. POAH Communities operates the majority of POAH properties
across the country and provides support to residents through on-site coordination.




 Printed By: Mary Davis on 8/14/2025 3 of 3



 Page 95
LAMBERT WOODS NORTH - BIRD’S EYE VIEW
 Page 96
LAMBERT WOODS NORTH - VIEW OF THE COMMONS
 Page 97
 4+5
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 DRAWING NAME:




 PROJECT
 NAME/ADDRESS:
 A C O R N
 ENGINEERING, INC.
 CLIENT/OWNER
 C-10 OF RECORD:
Lambert Woods North Project Schedule



 Construc�on Closing 10/1/2025
 100% Construc�on Comple�on 4/1/2027
 Lease Up 4/1/2025 – 9/1/2027
 Stabiliza�on 9/1/2027
 Perm Conversion 1/1/2028




 Page 99
Lambert Woods North LLC, a Maine limited liability company,

By: Lambert Woods North MM LLC, a Maine limited liability
company, its managing member,
 Lambert Woods North LLC
By: Preservation of Affordable Housing, Inc., an Illinois not-for- A Maine limited liability company
profit corporation, its managing member, / limited partnership
 EIN #: 93-2775957
 By: ______________________________
 Name:
 Title:



 Lambert Woods North MM LLC
 CREA Lambert Woods North LLC
 A Maine limited liability
 company an Indiana limited liability company
 (99.989% - Investor Member)
 (0.011% - Managing Member)
 EIN #: 99-3220260
 EIN #: 93-2616935




 Preservation of Affordable Maine Cooperative
 Housing, Inc. Development Partners LLC
 an Illinois not-for-profit a Maine for-profit corporation
 corporation (40% - Non-Managing
 (60% - Managing Member) Member)
 EIN #: 31-1616634 EIN #: 85-3335652




 Page 100
Page 101
Page 102
Page 103
Page 104
To: Mary Davis, City of Portland
From: Anne Boynton, Urban Ventures, Inc.
Re: Loan Request Lambert Woods North, POAH
Date: 9/11/25

POAH (Preservation of Affordable Housing) and MCDP (Maine Cooperative Development Partners), for
their Joint Venture (JV), request a loan of $360,000 for a proposed new construction 72-unit rental
housing development serving households at 60% AMI on the Lambert Woods North site. This is a capital
investment of $5,000/unit. A 75%, 30-year TIF was awarded to this project in 2023, a subsidy of
$3,705,106 or $51,460 per unit. The undeveloped parcel of 17.95 acres was awarded to Maine
Cooperative Development Partners (MCDP) in 2021 for a proposed limited equity cooperative
development. MCDP has divided the property into two components: “Lambert North” (the project
analyzed here) and “Lambert South,” a proposed limited equity cooperative discussed separately.

Sources and Uses

Sources: Uses:
Maine Housing Must Pay $10,158,429 Acquisition $5
Maine Housing 0% Deferred $8,496,000 Construction hard costs $23,723,409
City of Portland AHTF $360,000 Hard & Soft Contingency $1,226,447
Net Syndication (inc. solar) $11,339,414 Soft costs $4,783,506
Deferred Developer Fee: $3,000,000 Capitalized Reserves $1,086,798
POAH Sponsor Loans $1,216,322 Developer Fee $3,750,000

Total Sources: $34,570,165 Total Uses: $34,570,165


All sources have issued commitments. Maine Housing allocated 4% LIHTC, issued a commitment for
mortgage financing, and a Notice to Proceed. POAH sponsor loans include Capital Magnet Funds (a
federal subsidy awarded to POAH), some of which they are lending to this project and a bridge loan for
Efficiency Maine funds for green energy costs.

Uses are also well defined, with construction hard costs documented by a GMP contract, and many soft
costs fully incurred.

For analysis of “Uses,” see Development Budget.

Development Budget

Construction Costs:

Construction costs are based on a GMP contract with Penobscot dated 3/25/25. This includes provision
for prevailing wage requirements. Total construction cost divided among the 72 residential units is
$329,492, all in, including site work and solar. This includes a 1.22% contingency on hard costs carried
by Penobscot. While this cost per unit is consistent with the current construction cost environment.

Soft Costs:

Soft costs, though high in a few areas such as accounting, are within industry standard.
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Paid developer fee is $750,000, the Maine Housing cap for funded developer fee, with an additional
deferred developer fee of $3,000,000. Where the prior request was on the high end of reasonable at
8.1%, the current request of 12.61% is extraordinary for affordable housing development in Portland.
The developer’s argument for this high fee is that it generates additional LIHTC subsidy up front. It is a
common practice in some jurisdictions for developers to take the maximum allowable developer fee in
order to maximize both up front LIHTC and long-term return to the developer. It is incumbent on
jurisdictions to set maximum fees with this practice in mind.

Contingency:

Hard cost contingency is carried in the development budget at 5%, the industry standard for new
construction. The Penobscot estimate also includes a 1.22% contingency. Considering the continued
high level of economic uncertainty, and persistent inflationary pressures in the construction industry,
this is the bare minimum contingency.

Soft cost contingency is $71,637, which is 1.5% of soft costs. This below industry standard of 5%.
However, much of the soft cost budget is already incurred, reducing though not eliminating the risk of
exceeding the contingency.

Acquisition:

The site is owned by the City, which awarded it to Maine Cooperative Development Partners for the
development of a limited equity cooperative. When a cooperative did not appear viable within a
reasonable period of time, MCDP brought in POAH as a Joint Venture partner to develop affordable
rental housing on the “North” portion of the site. MCDP is contributing the land to the JV for $5, clearly
below the market value of the land.

The donation of the land is an important part of the subsidy package which keeps the rents affordable.
There is no current appraisal of the land, but for some insight on how important the land subsidy is,
there are currently 2 single family lots listed for sale in north Portland on Zillow (9/9/25), ranging in size
from .19 acres to .30 acres and ranging in price from $175,000 to $300,000. MCDP plans to develop
about 4 acres of the almost 18-acre total parcel, preserving substantial green space and wetlands.
Roughly estimating the value of 1/10 of an acre at $100,000, the 4 acres being developed would have an
estimated value of $4 million.

Operating Budget & 20 Year Cashflow Projection

Project Income:

The operating budget anticipates the maximum allowable LIHTC rents at each income level.

An update to a market study has been provided dated May 23, 2025. Unfortunately, it is based on 2024
LIHTC rents, so the information is dated, even though the report is not very old. With the 2024 data
assumptions, the study finds the units have a 22%, 23% and 31% rent advantage to market units for 1, 2,
and 3-bedroom units, respectively. Unlike prior versions of the market study, the update did not
compare projected rents to other area LIHTC properties. In the 2023 market study, projected rents
were just slightly above the average LIHTC rent, 101% of average area LIHTC rents for 1- & 2-bedroom
units and 109% of average area LIHTC rents for 3-bedroom units. The 2025 weighted average capture


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rate of 6.4% suggests plenty of demand for these units. The 2023 market study also found that 39.5% of
Portland renters were rent burdened, adding evidence to pent-up demand for affordable units.

Residential vacancy is budgeted at the industry standard of 5%, which is slightly above Portland’s recent
vacancy rates. The market study found market-rate properties operating at 99% occupancy. LIHTC
occupancy was not updated in 2025. In 2023, the LIHTC projects surveyed were at 96.1% occupancy.

This property is an experiment in reduced parking for -family-scaled housing in a car-dependent
location– 53% of units are 2 or 3 bedrooms -- with one parking spot per unit. On site, there will be 54
dedicated parking spots for 72 units (.75 dedicated spots per unit). There will also be 28 on-street spots
created as part of the Lambert North development. These will be free, but subject to snow restrictions.
The on-street spots bring the total to 82 spots for 72 units, or 1.14 per unit. At the point the Lambert
South development proceeds, another 27 on-street spaces will be created, to be shared with that
development.

The bus line stops at the site and will be improved with a bus shelter. The site’s walk score of 14
(considered “car dependent”), transit score of 31 (“some transit”), and bike score of 32 (“somewhat
bike-able”) suggest this location will be a challenge for those without a car.

Operating Expense

The pro forma reflects a per-unit operating cost of $10,169, which appears very high on the face of it but
in the current climate, is just plain high. Of that, $1,691 per unit is real estate taxes. The “all in”
projected utility expense, combining renter utility allowance and owner-paid utilities, totals $252,424
per year, or an average per unit utility expense of $292 per month. This is high for brand new
construction with solar installed, though the unit mix includes 38 larger (two- and three-bedroom) units,
26 of which are in townhouse construction style, which generates more walls exposed to the elements.
Administrative costs are under Maine Housing’s ceiling. Grounds costs appear high, but there are
significant exterior amenities to maintain, including interior roadways and parking.

30 Year Cashflow & Debt Service Coverage Ratio (DSCR)

The DSCR for the Maine Housing loan is sized to 1.15 in year 1, and increases over 30 years to 1.41,
based on the 75% 30-year TIF. This meets industry standards.

Developer Financials

Though the Joint Venture documents have not been provided yet, the current application materials
state that POAH and MCDP will have a 60/40 split of the control of the JV.

Consistent with the scale of POAH’s operations (over 13,000 units), POAH is a financially mature
organization with assets of over $1.7 billion. Audits from 2018-2022 reflect steady, incremental growth
in net assets averaging 6% per year. This is followed by sharp growth in net assets in 2023 and 2024,
bringing net assets to $409,098,254. POAH’s scale of operations and accumulated net assets mitigate
the risk of the slender soft cost contingency and broader economic uncertainty.

POAH’s Current Ratio (current assets divided by current liabilities) is an extremely lean 1.03. However,
to put this into perspective on the scale of their operations, that ratio reflects over $202 million in
current assets, and is current assets exceed current liabilities by $6.6 million. The Quick Ratio or “Acid

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Test” -- cash divided by current liabilities – is 0.4 – and still, POAH’s cash position of $79 million is a
significant safety net for the organization.

POAHs financials are reflective of an organization engaged in significant development – construction
borrowing in 2024 was double 2023, while longer term debt has grown by 16%. Further indications of
the substantial rise in development activity which is not yet in operation – the value of construction
bonds has tripled, while reserves for replacement are up a modest 7%. As is often the case for rental
housing operators, expenses exceeded revenue by over $40 million, but $47 million of that expense was
depreciation, a non-cash expense.

In January 2022, POAH received a bond issuer credit rating from Standard & Poor’s rating of A+, which
S&P describes as “Strong capacity to meet financial commitments, but somewhat susceptible to
economic conditions and changes in circumstances.” In April 2022, POAH issued $75 million in 10-year
sustainability bonds at 4.479%.

MCDP is a young organization and has not yet had an audit. Their 2024 Income/Expense shows no
operating income and $13,515 in expenses. However, that dramatically understates their activity.
Consistent with GAAP, their project related predevelopment expenditures are accounted for on their
balance sheet, in project pre-development accounts, one each for Lambert North and Lambert South.
Douglass Commons condo construction activity has been moved to a different holding company.
MCDP’s 2024 Equity position (equivalent to a non-profit’s “Net Assets”) was $262,752. MCDP ended
2024 with $101,555 in current assets (cash holdings) and current term liabilities of $49,981 for a current
ratio of 2.03.

For 2025 through July 31, 2025, the Profit and Loss statement again reflects no income and limited
($6,068) expenses. The action, again, is reflected on the Balance Sheet, where MCDP’s equity position
has declined modestly to $204,620. MCDP shows current assets (cash & equivalents) of $57,803, and
current liabilities of $14,000. The resulting current ratio is 4.13.

A substantial portion of MCDP’s predevelopment funding has come from a subsidiary of UHAB, which
lent the young organization up to $1,235,000 at 1.5% interest. The current balance on that loan is
$894,104. The original two-year term of the predevelopment loan came due in 2023 and has been
extended to 2027.

While MCDP is young, its financial transactions are increasingly complicated, and it will lay important
groundwork for future financial stability to get an audit for operations through end of 2025.

Recommendations

I recommend a loan of $360,000 with a 30-year term, to be repaid from cashflow with specific terms to
be negotiated before executing loan documents and conditioned upon satisfactory review of the
following prior to loan closing:

 • Transfer of land consistent with project terms; and
 • Executed Joint Venture agreements.




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City of Portland | Housing and Economic Development Department
Housing and Community Development Division
Mary P. Davis, Division Director

To: Councilor Ali, Chair
 Members of the Housing and Economic Development
Committee


MEETING DATE: September 23, 2025

AGENDA ITEM
Review and Recommendation to the City Council re City of Portland Right of First Refusal
Amendments to the Declaration of Condominium for Dougherty Commons Phase 2 (Dougherty
Commons Condo)

PURPOSE
To provide direction to staff regarding potential impacts to affordability covenants at Dougherty
Commons Phase 2.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
Increase, and modify the overall supply of housing city-wide to meet the needs, preferences and
financial capabilities of all Portland residents.

BACKGROUND/ANALYSIS
When the City of Portland sold the Dougherty Commons property, the deed included covenants to
ensure the long-term affordability of the three projects to be developed. An issue with these
covenants was discovered during the marketing of units for the Dougherty Commons Phase 2
condominium project: MaineHousing has identified a concern with providing mortgage
financing to buyers because the covenants do not extinguish upon foreclosure.

Many first-time homebuyer loans are insured by lenders like MaineHousing or the FHA and are
then sold on the secondary mortgage market. Affordability covenants that do not extinguish
upon foreclosure are not compliant with secondary mortgage market requirements, particularly
those of mortgage insurers such as the FHA and MaineHousing.

To enable buyers to qualify for loans through programs like MaineHousing's First Home Program,
the developers are requesting that the City of Portland allow an amendment to the Declaration of
Condominium. This amendment would subordinate the affordability covenants to a
MaineHousing mortgage and provide the City with a notice of right to purchase the obligations
under the MaineHousing loan to maintain the affordability covenants.

If the City chooses to exercise the right to purchase, it would own the mortgage debt and have the
option to work with the unit owner to bring the debt current or initiate foreclosure proceedings.
This is the type of situation where staff would ask the City Council to use minimum balance in
the Jill C. Duson Housing Trust Fund. If the City does not exercise this right, MaineHousing
would be permitted to proceed with a foreclosure action or accept a deed in lieu of foreclosure



 1

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from the unit owner and the affordability covenants would be "null and void, and of no further
effect as to the affected Unit."

FISCAL IMPACT – N/A

CONCLUSIONS
MaineHousing provided data on foreclosures, deeds in lieu, and short sales of MaineHousing
loans and mortgages on condominiums from 1993 to the present (see attached). This data
indicates that the last foreclosure occurred in 2015 and that, overall, their portfolio shows a very
low foreclosure risk.

Given MaineHousing data indicates low foreclosure risk, staff requests committee approval for
the Dougherty Commons Phase 2 right of purchase option. This approval is crucial as the
unavailability of insured loans, such as those offered through MaineHousing or FHA programs,
could impact potential buyers for this project.

1.​ Motion to recommend to the City Council approval of the inclusion of a right to purchase to
 maintain affordability covenants at Dougherty Commons Phase 2.

PRIOR COMMITTEE REVIEW:

PREPARED BY
Mary Davis, Division Director
Housing and Community Development
 Division


ATTACHMENTS
Draft Amendment to Declaration of Condominium
MaineHousing Foreclosure Data




 2

 Page 119
 AMENDMENT TO THE DECLARATION
 FOR
 DOUGHERTY COMMONS UNIT 2,
 A CONDOMINIUM
 THIS AMENDMENT TO THE DECLARATION FOR DOUGHERTY COMMONS UNIT 2, A
CONDOMINIUM (the “Amendment”) is made by MCDP DOUGLASS, LLC, a Maine limited liability
company with a place of business in Portland, Maine (the “Declarant”), the declarant of the
Dougherty Commons Unit 2, A Condominium (the “Condominium”) in Portland, Cumberland
County, Maine.

 WHEREAS, Declarant established the Condominium pursuant to the Declaration of
Condominium for Dougherty Commons Unit 2, A Condominium, dated February 14, 2025, and
recorded in the Cumberland County Registry of Deeds in Book 41300, Page 213 (the
“Declaration”), which Condominium is depicted on the plat and plan recorded in the Cumberland
County Registry of Deeds in Plan Book 225, Pages 52 and 53;

 WHEREAS, as of the date of this Amendment, Declarant has not conveyed title to any of the
Units (the term “Unit” and all other capitalized terms not otherwise defined in this Amendment
shall have the meaning ascribed to them in the Declaration);

 WHEREAS, Declarant desires to amend the Declaration to correct the inadvertent omission
of a Unit from allocations set forth in Exhibit B attached to the Declaration;

 WHEREAS, Declarant desires to amend the Declaration to allow Unit owners to be eligible
to borrow from MaineHousing’s mortgage lending programs First Home Loan Program;

 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Declarant hereby amends the Declaration as follows:

 1. The Exhibit B attached to the Declaration is replaced with the Exhibit B attached
hereto, and all references to “Exhibit B” in the Declaration shall refer to the Exhibit B attached
hereto for all purposes.

 2. Article 10 of the Declaration is deleted in its entirety and replaced with the
following:




 Page 120
 ARTICLE 10
 AFFORDABILITY RESTRICTIONS
 From and after the date of this Declaration and for a period of ninety-nine (99) years, except
as set forth below in this Article 10 regarding Maine State Housing Authority and its successor or
assigns (“MaineHousing”), after the date on which all Residential Units have been completed, all
Residential Units shall be made affordable to, and shall only be sold to, households earning less
than or equal to one hundred percent (100%) of the area median income (“AMI”), adjusted for
family size, based on figures published annually by Housing and Urban Development (“HUD”)
for the Portland Metropolitan Statistical Area (“PMSA”) at a purchase price that is affordable, as
that term is defined below. For the purposes of this Declaration, the Residential Units will be
deemed “completed” upon the date that a Certificate of Occupancy has been issued by the City of
Portland (the “City”) for all of the Residential Units, and the term “affordable” means that the
percentage of income the minimum size household per unit size as specified below at 100% AMI
is charged in connection with its mortgage payment (sum of monthly principal, interest, and
mortgage insurance) plus real estate taxes and homeowners insurance, including utilities, shall not
exceed thirty percent (30%) of the household’s gross income.

 If, at any time after the date of this Declaration, HUD ceases to provide said annual figures
for determining AMI, the City shall identify another similar method of determining income
guidelines for affordability. The minimum household size for a one-bedroom Residential Unit shall
be one (1) person, and the minimum household size for a three-bedroom Residential Unit shall be
three (3) people. The maximum household size for a one-bedroom Residential Unit shall be two
(2) people, and the maximum household size for a three-bedroom Residential Unit shall be six (6)
people.

 Any sale or other transfer of a Residential Unit shall be subject to the terms and conditions
of this Article 10, except as set forth below in this Article 10 regarding MaineHousing. The
foregoing affordability restrictions runs with title to each Residential Unit during its term, and
Declarant agrees to incorporate the foregoing affordability restrictions in each deed, or other legal
instrument of conveyance, from Developer to a third-party purchaser. This Article 10 shall not be
amended or modified without the express written consent of the City.

 Notwithstanding anything to the contrary set forth in this Declaration, if
MaineHousing holds a mortgage on a Unit that is recorded in the Registry (a “MaineHousing
Mortgage”), the affordability restrictions set forth above in this Article 10 shall automatically be
subordinated to the MaineHousing Mortgage without the need for further action or recorded
instrument, and the City shall have the Purchase Option in regard to the MaineHousing Mortgage
as defined below.

 Prior to commencing a foreclosure action or accepting a deed in lieu of foreclosure in
connection with a MaineHousing Mortgage that is in default, MaineHousing or its mortgage
servicer shall send written notice of its intent to institute a foreclosure action and/or to accept a
deed in lieu of foreclosure together with notice of the City’s right to exercise its Purchase Option
(the “MaineHousing Notice”) to the City at: City of Portland, attn: City Manager with a copy to
the Office of Corporation Counsel, 389 Congress Street, Portland, Maine 04102
___________________. Receipt of the MaineHousing Notice shall be presumed to have occurred




 Page 121
3 days from the date it is sent.The MaineHousing Notice shall be sent to the City by certified mail,
return receipt requested or other trackable mail service. A copy of a pre-foreclosure Notice of
Right to Cure sent to the Mortgagee(s) or to the Unit pursuant to 14 M.R.S.A. § 6111 together with
notice of the City’s right to exercise its Purchase Option shall constitute an adequate
MaineHousing Notice.

 Upon the City’s receipt of a MaineHousing Notice, the City shall have the option, but not
the obligation, to purchase the obligations underlying the MaineHousing Mortgage and to have the
MaineHousing Mortgage assigned to it or to its designated assignee by paying the total amount
due under the MaineHousing Mortgage and the underlying obligations, including any Promissory
Note, and including any principal, interest, late fees, and other amounts due as of the date the
payoff is made (the ‘Purchase Option”). To exercise the Purchase Option, no more than 6030 days
from its receipt of the MaineHousing Notice, the City shall send written notice of its intent to
purchase (the “Notice of Exercise of Purchase Option”) to MaineHousing or to its mortgage
servicer at the address or addresses identified in the MaineHousing Notice. The Notice of Exercise
of Purchase Option shall contain a request for payoff information and payment instructions for the
amounts due under the MaineHousing Mortgage and any underlying obligation. Receipt of the
Notice of Exercise of Purchase Option shall be presumed to have occurred 3 days from the date it
is sent.

 If the City exercises the Purchase Option as set forth above, MaineHousing or its mortgage
servicer shall have 10 days from receipt of the Notice of Exercise of Purchase Option to send the
payoff information and payment instructions to the City, and the City shall have 60 days from the
date the Notice of Exercise of Purchase Option is received to make payment of all amounts due to
the party and at the address provided by MaineHousing or its mortgage servicer. This 60-day time
period may be extended by mutual agreement of the City and MaineHousing or its mortgage
servicer. If full payment is received in conformance with the above, MaineHousing or its mortgage
servicer shall forward to the City documentation assigning the MaineHousing Mortgage, and
endorsing and transferring the underlying obligations, to the City or its designated assignee and
endorsee. Such documentation will be in form and substance reasonably satisfactory the City and
MaineHousing and will include loan histories and such other information and documentation, and
in such time frame, as is customaryily in the industry when a mortgage and loan are transferred to
a new owner.

 If the City fails to exercise the Purchase Option as set forth above and within the period
allowed, or exercises the Purchase Option but fails to tender full payment as set forth above and
within the period allowed, the Purchase Option will automatically terminate with no further action
required, and MaineHousing or its mortgage servicer will be permitted, but not obligated, to
proceed with a foreclosure action on the MaineHousing Mortgage or to accept a deed in lieu of
foreclosure from the Unit owner. If either occurs, and the resulting Judgment of Foreclosure or
deed in lieu of foreclosure is recorded in the Registry, it shall render the affordability restrictions
in this Article 10 null and void, and of no further effect as to the affected Unit.



 [signatures appears on following pages]




 Page 122
 IN WITNESS WHEREOF, the Declarant has caused this Amendment to be executed by its
undersigned representative, thereunto duly authorized, this ___ day of AugustSeptember, 2025.


 MCDP Douglass, LLC



 By:_______________________________________
 Matthew Peters, Member




 STATE OF MAINE
Cumberland County September __, 2025

 Personally appeared the above named Matthew Peters, Member of MCDP Douglass, LLC,
and acknowledged before me the foregoing instrument to be his free act and deed in his said
capacity and the free act and deed of said company.

 __________________________________________
 Notary Public/Attorney at Law

 __________________________________________
 Print or Type Name as Signed




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 LIMITED JOINDER BY CITY OF PORTLAND

 The City of Portland hereby joins in the execution of this Amendment for the limited
purposes of accepting and agreeing to the amendments to Article 10 that are set forth herein.


WITNESS: CITY OF PORTLAND



____________________________________ By: ______________________________
 Danielle West
 Title: City Manager




STATE OF MAINE
COUNTY OF CUMBERLAND, SS. September ___, 2025

 Personally appeared before me the above-named Danielle West, City Manager of the City
of Portland, and acknowledged the foregoing to be her free act and deed in her said capacity and
the free act and deed of the City of Portland.


 Before me,


 __________________________________
 Notary Public/Maine Attorney at-Law
 Commission Expires:
 Print Name:




28322152_2

 Page 124
 LIMITED JOINDER BY MAINE STATE HOUSING AUTHORITY

 Maine State Housing Authority hereby joins in the execution of this Amendment for the
limited purposes of accepting and agreeing to the amendments to Article 10 that are set forth
herein.


WITNESS: MAINE STATE HOUSING AUTHORITY



____________________________________ By: ______________________________
 ______________________
 Title: _________________




STATE OF MAINE
COUNTY OF CUMBERLAND, SS. September __, 2025

 Personally appeared before me the above-named __________, _______________, and
acknowledged the foregoing to be his or her free act and deed in said capacity and the free act and
deed of Maine State Housing Authority.


 Before me,


 __________________________________
 Notary Public/Maine Attorney at-Law
 Commission Expires:
 Print Name:




 Page 125
 EXHIBIT B
 Undivided Interest Common Expense Votes in the
Unit in Common Elements Liability Association
1 6.50 6.50 7
2 6.50 6.50 7
3 6.50 6.50 7
4 6.50 6.50 7
101 2.75 2.75 3
102 2.75 2.75 3
103 2.75 2.75 3
104 2.75 2.75 3
105 2.75 2.75 3
106 2.75 2.75 3
107 2.75 2.75 3
108 2.75 2.75 3
201 6.38 6.38 6
202 6.38 6.38 6
203 6.38 6.38 6
204 6.38 6.38 6
205 6.38 6.38 6
206 6.38 6.38 6
207 6.38 6.38 6
208 6.38 6.38 6
 99% 99% 99


Rooftop 1.00 1.00 1
TOTAL 100% 100% 100




 Page 126
Condos Foreclosed, DIL, or Short Sale

City Closing Date FCL Date FCL Type
SANFORD 08/03/89 02/01/93 Regular Forecl
OLD ORCHARD BCH 08/29/88 10/06/93 Regular Forecl
SACO 10/07/88 10/23/93 Regular Forecl
WELLS 11/07/85 01/31/94 Regular Forecl
PORTLAND 11/20/87 04/12/94 Regular Forecl
OLD ORCHARD BCH 11/10/88 04/03/95 Regular Forecl
KITTERY 09/29/89 10/05/95 Regular Forecl
AUBURN 07/15/88 12/19/95 Regular Forecl
OLD ORCHARD BCH 12/22/88 02/08/96 Regular Forecl
SANFORD 07/21/89 02/26/96 Regular Forecl
SANFORD 07/21/89 10/29/96 Regular Forecl
SACO 11/29/88 12/29/98 Regular Forecl
OLD ORCHARD BCH 06/30/89 11/16/99 Regular Forecl
TOPSHAM 04/26/96 09/30/00 Regular Forecl
PORTLAND 11/05/87 07/06/01 Regular Forecl
WESTBROOK 02/27/04 06/06/06 Regular Forecl
OLD ORCHARD BCH 01/27/06 01/20/09 Regular Forecl
AUBURN 11/14/06 03/08/10 Regular Forecl
WESTBROOK 04/05/07 05/25/10 Regular Forecl
AUBURN 05/27/08 10/29/10 Regular Forecl
KITTERY 07/31/07 02/18/11 Regular Forecl
SACO 06/22/06 04/05/11 Regular Forecl
GRAY 10/26/07 11/28/11 Regular Forecl
PORTLAND 09/15/00 08/20/12 Regular Forecl
GORHAM 12/28/01 10/19/12 Regular Forecl
WATERVILLE 08/08/06 12/04/12 Regular Forecl
SACO 09/07/07 02/04/13 Regular Forecl
GRAY 08/30/04 03/07/13 Regular Forecl
LEWISTON 12/11/06 08/15/13 Regular Forecl
LEWISTON 04/22/05 08/27/13 Regular Forecl
AUGUSTA 07/14/06 06/30/14 Regular Forecl
OLD ORCHARD BCH 12/20/07 08/05/15 Regular Forecl
LEWISTON 07/29/04 11/03/15 Regular Forecl
OLD ORCHARD BCH 04/18/08 11/30/15 Regular Forecl
WINDHAM 10/19/05 01/25/16 Regular Forecl
SACO 08/30/04 02/04/16 Regular Forecl
LEWISTON 05/11/11 05/04/16 Regular Forecl
WATERVILLE 05/31/12 05/05/16 Regular Forecl
SPRINGVALE 06/06/08 07/20/16 Regular Forecl
WESTBROOK 10/29/03 09/01/16 Regular Forecl
BIDDEFORD 07/01/08 05/24/17 Regular Forecl
LEWISTON 11/05/04 07/13/17 Regular Forecl
LEWISTON 09/30/02 11/29/17 Regular Forecl
SOUTHWEST HBR 07/28/08 12/05/17 Regular Forecl
WINSLOW 12/14/10 09/11/19 Regular Forecl

 Grand Total Foreclosed 45




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BATH 04/11/06 09/06/12 Deed in Lieu
BAR HARBOR 06/30/08 08/07/12 Deed in Lieu

 Grand Total Deed-in-Lieu of Foreclosure 2

OLD ORCHARD BCH 04/12/06 03/25/11 Short Payoff
WESTBROOK 06/27/08 05/13/11 Short Payoff
SACO 06/19/06 01/06/12 Short Payoff
GRAY 12/30/05 06/22/12 Short Payoff
SACO 11/14/07 08/31/12 Short Payoff
SANFORD 05/30/07 10/18/12 Short Payoff
BATH 09/11/06 01/16/13 Short Payoff
PORTLAND 11/21/06 04/05/13 Short Payoff
PORTLAND 07/11/08 04/30/13 Short Payoff
TOPSHAM 02/24/06 05/06/13 Short Payoff
PORTLAND 08/01/08 07/31/13 Short Payoff
TOPSHAM 09/26/05 08/15/13 Short Payoff
SACO 12/20/07 09/10/13 Short Payoff
SANFORD 07/24/06 04/24/14 Short Payoff
SPRINGVALE 05/25/06 09/03/14 Short Payoff
WATERBORO 09/01/04 09/11/15 Short Payoff

 Grand Total Short Sale (Pre-Foreclosure Sale) 16




 Page 128

FINAL September 23, 2025 HEDC Meeting Minutes
 Approved October 21, 2025

 Minutes

 Remote Housing and Economic Development Committee

 September 23, 2025



 NOTE: This meeting was held via Zoom and can be viewed at this link:

 http://www.portlandmaine.gov/1695/Economic-Development-Committee These

  Minutes provide a record of those in attendance, general discussion taking place, and

  motions made.

 A remote meeting of the Housing and Economic Development Committee (HEDC) of

  the Portland City Council was held on Tuesday, September 23, 2025, at 5:30 p.m. via Zoom.

  Present from the HEDC were Chair Councilor Pious Ali, and members Councilors Sarah

  Michniewicz and Kate Sykes. Member Councilor Regina Phillips could not be present. City

  staff present were Associate Corporation Counsel Avery Dandreta, Housing and Community

  Development Division Director Mary Davis, Public Assemblies Director Andy Downs,

  Corporation Counsel Michael Goldman, Parks and Public Assemblies Director Ethan Hipple,

  Housing Safety Division Director Zachary Lenhert, Assistant City Manager Dena Libner,

  Deputy Director of Parks and Public Assemblies Angela O’Connor, Principal Administrative

  Officer Lori Paulette, and Housing and Economic Development Department Director Greg

  Watson,

Item #1: Review and accept Minutes of previous meeting held on July 15, 2025

 On motion made by Councilor Sykes, seconded by Chair Councilor Ali, the Committee

voted 3-0 to accept the minute as published.




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Item #2: (Public Comment) Review and recommendation to the City Council regarding

request by the VFW to waive Poker License Fee – Zachary Lenhart

 Mr. Lenhart noted that per Chapter 15 of the City Code, the City Council can waive or

reduce license fees, which is what the VFW has requested, i.e., waive the Poker License Fee.

The Committee is being requested to make a recommendation to the City Council. The HEDC

reviewed the VFW’s 2024 Beano License Fee waiver request on January 23, 2024 and

recommended the 50% of the 2024 fee be waived.

 Councilor Sykes noted that VFW provides a community benefit for not all citizens of

Portland and questioned setting a precedent.

 Councilor Michniewicz noted that this is the first time she has been presented with this

issue and questioned how many non-profits were aware of potential waiver/grant requests.

 Ms. Libner noted a staff oversight to not bring the HEDC vote on 1/23/2024 to the City

Council and if voted favorably at this meeting, staff would bring both to the City Council for

their vote.

 Chair Councilor Ali opened the meeting for public comment.

 Douglas Doughty, member of the VFW and prior military service, said that the VFW is

passionate about their responsibility to give back personally and organizationally, sponsoring

many community events at no cost. Fees charged go back directly into the community and

hoped the Committee would look favorably on this request.

 Dave Bianculli, Commander of VFW, highlighted the many community benefits the

VFW serves and what it does for the community, noting that it makes sense to waive the fees.

The VFW has all volunteers and no paid employees. Reports are done for every event which are

reviewed by the State.



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 Jared Sawyer, Portland resident and member/CFO of the VFW, noted that the VFW does

provide direct support to community in Woodfords Corner, donates to storage to the Little

League in their basement, Portland Public Schools holds seminars in their hall at no charge,

holding Cancer benefit events at no cost, Thanksgiving day dinners, direct donations for 4th of

July PSO event, and more. If a homeless veteran calls, the VFW can put them in a place to

sleep. Mr. Sawyer said that the benefits go on and urged the Committee to recommend approval

to the City Council.

 The Committee discussed defining direct public benefits and an accounting mechanism

that would help the Council understand the benefits, with Mr. Goldman noting it is in the City

Council’s discretion to make the determination as the direct public benefits term is not defined in

the ordinance.

 After further Committee discussion, on motion made by Councilor Michniewicz,

seconded by Councilor Sykes, the Committee voted 3-0 to recommend to the City Council a 50%

discount for the VFW and the Maine Irish Heritage Center (who had also requested the waiver

previously).

Item #3: (Public Comment) Review and recommendation to the City Council Agreement

for 2026 Back Cove Festival

 Mr. Hipple provided highlights of the proposed agreement with the Promoters for a

similar festival that took place this past Summer. The proposed Agreement would be a 3-year

agreement and a 3-year renewal and went over the terms.

 Regarding this past Festival, Mr. Hipple and Mr. Downs noted that things went better

than expected and staff supports the proposed agreement, reached after extended negotiations to

be fair and balanced. The footprint is similar and attendance and hours are the same.



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 There was discussion between the Committee and staff regarding communication issues

with the neighbors and a concentrated effort would need to be made to ensure that all are heard,

noting a targeted email approach for better responses/timing for future events. Noise issues are

handled in the moment with a direct line from Police dispatch to organizers and City staff.

Decibels levels are checked on site during the event.

 Committee members, after further discussions with staff, recommended that staff meet

with community members/neighbors and discuss concerns/issues raised today with them so they

are informed of future possible festivals coming and can offer feedback to the Committee. The

Committee also requested that a tiered percentage of ticket sales to the City possibly be an

option.

Item #4: Discussion: Restaurant Industry workforce and labor issues – Review Downtown

Transit Oriented Development Tax Increment Financing District eligible uses for potential

ways to assist the restaurant industry.

 Mr. Watson noted that this item related to the Committee policy initiative regarding the

restaurant industry labor shortage and thinking about creative opportunities to keep it all

working. Allowable uses in the Downtown TOD TIF are intended to support infrastructure, i.e.,

sidewalks, streetscapes, parking but there are more general opportunities including workforce

training.

 Chair Councilor Ali noted that this item came about when many restaurants were closing.

He is open to suggestions but not necessarily at this meeting. As has been discussed, housing for

these employees is also a major component here and in many locales.




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Item #5: Communication Only: Quarter 2 Rent Control Report

 Chair Councilor Ali said that this is a communication item. He asked if there were any

questions/comments. There being none, he thanked staff for the report.

Item #6: (Public Comment) Review and recommendation to the City Council regarding

the issuance of an RFP for a Licensed Early Childhood Education Provider at City-owned

property known as BC 2.

 Ms. Libner noted that the Committee first took this up here early Summer. At that time,

there were Committee questions and public comment, and Councilors Sykes and Bullett

discussed proposed amendments thereafter. At this point in time, staff recommends postponing

this until 2026 to look into it and evaluate it more so that it will be a success, particularly staffing

issues as staff understands this to be a major issue for childcare providers.

 On motion made by Councilor Sykes, seconded by Councilor Michniewicz, the

Committee voted 3-0 to postpone this to 2026.

Item #7: Oral Communication: HEDC to discuss Performance Hall Moratorium at its

October 21, 2025, meeting.

 Mr. Watson noted that Councilors Grant and Michniewicz will bring a proposal to

consider an ordinance to formalize community benefits associated with performance venues.

Item #8: (Public Comment) Review and recommendation to the City Council on a request

for loan funding from the Jill C. Duson Housing Trust Fund for Lambert Woods North/622

Auburn Street

 Ms. Davis, acknowledging that Virginia White from POAH was in attendance for any

questions, gave a high level overview noting that the Committee is familiar with the

development, which is requesting $360,000 in loan funding as noted above. The funding will fill



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the gap for the development of 72 units of affordable housing at 60% AMI across 6 residential

buildings. The City’s underwriter has reviewed and approved with conditions.

 Councilor Ali opened the meeting for public comment; seeing none, he closed the public

comment session.

 On motion then made by Councilor Sykes, seconded by Councilor Michniewicz, the

Committee voted 3-0 to forward this to the City Council with a recommendation of approval.

Item #9 – (Public Comment) Review and recommendation to the City Council approval of

an Amendment to the Declaration of Condominium for Dougherty Commons Phase 2

 Ms. Davis noted that this is another project the Committee is well familiar with and then

described the amendment the HEDC is being asked to recommend approval to the City Council.

 Councilor Michniewicz appreciated the amount of work to get this to the point that it can

move forward for the good of the project.

 On motion then made by Councilor Michniewicz, seconded by Councilor Sykes, the

Committee voted 3-0 to forward this to the City Council with a recommendation of approval.

Item #10: Executive Session: Pursuant to 1 M.R.S.A. 405(6)(C) and 5 M.R.S.A. 13119-A,

the Committee will go into executive session to provide direction to staff regarding the

disposition of City-owned property at 21 Randall Street

 Mr. Goldman said that this item is appropriate for executive session so as to not to

jeopardize the City’s negotiating position in this possible sale of City-owned real estate.

 Chair Councilor Ali asked if there was any public comment; seeing none, the public

comment session was closed. He then noted that the Committee would go into executive session

and after the executive session the meeting would be concluded.




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 On motion made by Councilor Michniewicz, seconded by Councilor Sykes, the Board

voted 3-0 to go into executive session pursuant to 1 M.R.S.A. 405(6)(C) and 5 M.R.S.A. 13119-

A to provide direction to staff regarding negotiations for the possible disposition of City-owned

property at 21 Randall Street – at approximately 7:27 p.m. At approximately 7:48 the

Committee came out of executive session and the meeting was adjourned.

 Respectfully, Lori Paulette




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