"Heart survivor" Christine Coutu at City Hall Press Conference

“Really listen to your body and learn from what it’s telling you,” said Christine Coutu, 29, this mornng on the steps of Portland city hall. February is American Heart Month and to raise awareness of heart disease and how to help prevent it, city hall will be illuminated in red for the month – the ninth consecutive year.

Coutu spoke artfully about living with heart trouble – diagnosed with “Transposition of the Great Arteries” shortly following her birth in 1983. She was born with two circulatory systems and her body wasn’t getting enough oxygenated blood. At birth, she had blue lips, finger tips and toes.

At five months, she suffered a stroke at Boston Children’s Hospital while awaiting surgery to repair her heart. Multiple seizures followed. Health problems continued to plague her. Since 2003, life has become normal for her with the help of medications. the last few years of her life have been greatly improved. “I also graduated college, married my high school sweetheart in 2008, earned my Masters degree, and now work as a school counselor in a local middle school….I recently started training for my first ever 5K in May…”

“When my heart speaks, I listen. I have to,” Coutu said.

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Repair Work Underway on Munjoy Street

This morning a sewer line collapsed on Munjoy Street between Moody Street and Wilson Street, according to city spokesperson Nicole Clegg. This section of the street will be closed to all traffic until the repairs are complete which could come by mid week next week. Commuters should seek allternate routes to avoid traffic or delays.

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The City of Portland notified OccupyMaine yesterday in a news release that it will receive a notice to vacate Lincoln Park today, February 2nd within 48 hours – Saturday morning occupiers need to be gone from their encampment. This is a result of Judge Thomas Warren’s denial of the group’s request to remain in Lincoln Park to express its First Amendment rights against economic inequality in this country.

The General Assembly, which is the governing body of the OccupyMaine movement, following a long discussion, voted last night to instruct its pro bono attorney, John Branson, to ask city officials to allow occupiers to remain in the Park for eleven more days in order to give the occupiers adequate time to clean-up the Park and leave the premises. This proposal came from occupier John Schreiber. In the meantime, the city will provide a dumpster starting today to begin the clean-up process. Branson is expected to have a conference call with city officials this morning at 9 am in which this request will be discussed. “I have no idea if the city is willing to negotiate on this,” he said during a break in the GA.

A second proposal passed concerning the disposal of property in the Park belonging to the occupiers. Any food that may be left in the kichen area will be donated to the Preble Street Food Pantry. Books located in the Library will be packed into boxes and John Schreiber agreed to store them in his home for the immediate future. About 30 occupiers attended the meeting.

A third proposal by Evan McVeigh was put on hold until the spring. “We have not been the best stewards of the Park,” he said. He proposed planting the Park so it could be used as a food source. The proposal was tabled.

The issue of civil disobedience was discussed and decided it was an individual matter. Harry Brown, Jr., one of the plaintiffs in the just lost case, said he plans on not leaving the Park and plans on being arrested. Several others expressed similar plans.

Please see previous post for more background information.

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In a decision dated today, January 31, Judge Thomas D. Warren, found for the City of Portland – thereby denying a Motion for Preliminary Injunction filed by OccupyMaine’s legal Counsel, John Branson and argued in Superior Court last week. Mark Dunlap, of Norman, Hansen and DeTroy, is the city’s out-side attorney in the case.

While he denied the Motion, Judge Warren did state in his 24 page decision there is no doubt that the Occupiers are “sincere in their desire to communicate their message and to engage in First Amendment activity.” However, he also said that the City is not obliged to agree to such an occupation of Lincoln Park because that might “conflict with the rights of others who might wish to use the park for their own First Amendment activities or for other purposes.”

The occupiers are expected to discuss their next step at a General Assembly tonight at 6 pm at Lincoln Park.

So far, the city has issued no response to the Court’s decision; such as when the occupiers need to vacate Lincoln Park.

Please see Post # 1,067, dated January 24, here for more background information.

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City Manager Mark Rees has picked Acting Police Chief Michael Sauschuck to be the nineteenth police chief for the City of Portland. Rees will formally present Saujschuck for City Council confirmation at the February 6, 2012 meeting. Upon confirmation, Sauschuck will become the nineteenth Police Chief to serve the city.

“I am very excited to make this announcement,” stated City Manager Rees. “After a rigorous and competitive search, I am confident that we have the right person for the position. Mike’s commitment to public service, the police department and the community is unparalleled. He knows and loves this city and the community will be well served by the Police Department being under his leadership.”

Saushuck has been with the Portland Police Department for fifteen years. After graduating from high school, Sauschuck joined the Marines where he was sent to Camp Peldleton, San Mateo, California. During his five year tenure, he served as a Corporal then Sargeant within the Marine Security Guard in Sal Salvador, El Salvador and Moscow, Russia. After four years as a areserve police officer with the Old Orchard Beach Police Department, Sauschuck joined the Portland Police Department where he worked in a variety of specialities, including the crisis intervention team, special reaction team and as a field training officer. In March 2011, Sauschuck was selected as the department’s A ssistant chief, where he served as Chief James Craig’s second in command and directly oversaw criminal investigations, uniformed operations and emergency communications.

Upon Chief Craig’s departure in August, Sauschuck led the Police Department as Acting Police Chief during which he oversaw a department of more than two hundred employees and an annual budget of $13.4 million.

“I congratulate both Chief Sauschuck and City Manager Rees on the outcome of this search,” stated Mayor Michael Brennan. “Portland will undoubtedly benefit from Mike’s leadership. He understands the city and has built trusting and open relationships not just with his fellow officers and City Hall but with the community as a whole.”

workinprogress…

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Mayor Brennan Speaks Out Against DHHS Budget Cuts at Mercy Hospital This Morning

A consortium of business leaders, health care providers and a state politician joined Mayor Michael Brennan this morning in speaking out against proposed cuts in the DHHS budget that Governor Paul LePage is pressuring the state legislature to pass. The Mayor said it is one of the few press conferences he has called since his recent election because it is such an important subject for the 65,000 who stand to lose access to their health care. And that doesn’t include those who will lose their jobs in the health care field.

The Mayor said that the emergency room at Mercy Hospital, State Street, was the appropriate place for this press conference because it “will become the center of health care for those who lose access” to health care. Those who can’t afford health care will be forced to come to the emergency rooms in both of Portland hospitals. These cuts will cost Maine Medical Center, Mercy Hospital, social service agencies and non-profits $20 million. The cost to city programs will be more than $2 million. Seventy percent of MaineCare funding goes to 25% of the population which includes the elderly, disabled, handicapped and children.

By threatening to close public schools early this year, if legislators don’t pass his budget, Mayor Brennan said it’s unfortunate that the Governor is “pitting the education of our children against the health care needs” of this vulnerable population. Brennan said that Superintendent of Schools Morse has assured him that Portland schools will not close under these circumstances. “The problem is not as severe as the Governor has said. There are ways to balance the budget. In the past, the state legislatore haas done that. It’s a manufactured crises created by the Governor.”

United Way of Greater Portland president Susan McCormick said there are better alternative than eliminating MaineCare eligibility for thousands of Maine people; the focus should be on reducing costs with high volume/high cost users. Approximately 55% of MaineCare costs come from 5% of its members – most with chronic health conditions. By focusing on managint their care, they can achieve better health outcomes and reduce costs overall.”

State Representative Peter Stuckey (D), who serves on the Health & Human Services Committee said democrats are very opposed to the cuts. “They are happening in a vacuum. The cost shifts are a problem. Somebody else is going to have to take responsibility for the consequences of this budget cutting. The receipients of the cuts cannot take full responsibility for their medical care because of poor choices in their past or for whatever reason. What do you do?

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Ice Sculpture Meets Warmish Winter Weather at PMA

Late yesterday morning an ice sculpture kicking off the inaugural Portland on Ice Festival was installed in front of the Portland Museum of Art. Just twenty minutes later, a boy of about ten years old and his family were walking in the area. They came up to the three piece sculpture to get a closer look; before his father could stop him, the boy pushed one of the pieces, knocking it over onto the brick sidewalk.

Mike McKenzie, head of security for the Museum, said the father and son came into the Museum and took responsibility for the accident with the son apologizing. But much more damaging to the overall ice sculpture was the warm temperature. Just before closing time, a PMA employee went out front to check on several things. Boom. He heard the middle section hit the sidewalk. He turned and saw the sculpture lying on the sidewalk in many pieces; about five hours after it had been installed. The sculpture probably would have survived the boy’s enthusiasm, but not survive the 40 degree temperatures in Portland yesterday.

Chris Kelleher, on the security staff, said this afternoon said that no one was surprised that it didn’t last longer. “We were concerned about the warm weather for starters. And we were concerned about vandalism from some in the area at night.” Jeff Day, the sculpturer, said he would come over on Monday to pick up the pieces, but it’s hardly worth the trip Kelleher said. Day is from New Hampshire.

Please see the previous post, # 1,069, for more background information on the weeklong Festival hosted by the Portland Downtown District.

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Jan Beitzer and Will Ethridge, PDD. Dog, "JC" is in Beitzer's Arms!

“This unveiling of two ice sculptures today is to remind people that there is plenty to do here in Portland in the wintertime, ” said Jan Beitzer, Executive Director, of the Portland Downtown District. “We hope it will grow and maybe we’ll be like Quebec someday.” Ms. Beitzer was referring to the popular Quebec Winter Carnival which began yesterday and runs until mid-February.

This morning Jeff Day, of Ice Designs – N.H. com., was putting the finishing touches on an ice sculpture located in front of the Portland Museum of Art, Congress Street. As he chizzled in some decorative edges, Daly said the freezer in which he works is 15 degrees. Today’s temperatures were in the 40s, but the blocks of ice were so cold to begin with he was confident they’d last through the Festival which runs until Saturday, February 4th. Earlier in the morning he, Ms. Beitzer and Will Ethridge, events & marketing manager for PDD, installed another sculpture at Post Office Park in the Old Port.

The split snowflake, the event logo, was designed specifically for this Festival and will be used at future festivals said Ms. Beitzer. PDD sent out three RFPs and Teresa LaGrange, a local graphic artist came up with the winning logo. “We wanted an edgy design and I think this has worked well for us.”

RiRa, on Commercial Street, and Bull Feney’s in the Old Port, commissioned Mr. Day to sculpt their logos in ice as well. Those will be installed on Monday in front of their respective businesses. PDD hopes that other businesses in the area will follow suit next year.

“The sculptures are a celebration of Portland’s music, art and community. Jeff Day has created marvelouos designs for both the Portland Harbor Hotel Ice Bar and Portland On Ice,” said Mr. Ethridge.

For more information on the Festival, please visit portlandmaine.com

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Mayor Michael Brennan: "Now is not the time to eliminate programs that help men, women and families find stable housing or get life saving health care."

Portland announced earlier today that tonight it will conduct a search of the city to determine how many men, women and children are experiencing homelessness in the city on this day. The program, known as a Point-in-Time surveys, will be asking questions such as: Who is homeless? What factors led to becoming homeless? What can the city and state do to prevent homelessness? This survey is a requirement of the Department of Housing and Urban Development (HUD). Portland is one of three similar programs in the state and as a result receives $2.9 million in funding from HUD for employment assistance, job training, affordable housing development and emergency shelters. Information gleaned from the survey will be used to direct planning and priorities as identified by the city’s newly formed Taskforce to Develop a Strategic Plan to Prevent and End Homelessness.

“The results we get from tonight’s Pint-inTime survey will be critical as they give a voice to the hundredsof men, women and children experiencing homelessness every night,” said Mayor Michael Brennan. “At a time when resources are diminishing and numbersa re increasing, it is clear that we need to do more for the city’s and state’s most vulnerable. Now is not the time to eliminate programs that help man, women and families find stable housing or get life saving health care. Rather, it is the time to work together and find innovative solutions.” Govenor LePage’s supplemental budget proposal calls for the eliminatio of several programs utilized by the state’s homeless population including Targeted Case Management, a program that helps individuals experiencing homelessness locate and secure stable housing. Last year, this program helped more than found hundred famlilies achieve stable housing, said a press release issued by the city spokeswoman, Nicole Clegg.

With the beginning of the downturn in the economy four years ago, the number of individuals experiencing homelessness within the city has increased by twenty percent. Due to increasing homelessness and need for emergency shelter, the city in partnership with ZPreble Street has had to expand shelter capacity by opening a community overflow shelter.

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City's Trial Attorney Mark Dunlap, Norman, Hanson & DeTroy

Judge Thomas Warren’s courtroom in the Maine Superior Court, Portland, was the scene of the continuation of a battle between OccupyMaine and the City of Portland – a battle that would permit the occupiers to remain at Lincoln Park until their goals are met or at least until the outcome of the litigation before the court is decided. The battle began last October in Monument Square and moved to Lincoln Park at the suggestion of the city manager. Ultimately, the city council denied a request for a permit to remain there making it into a David and Goliath battle in which the Davids claimed they were denied their First Amendment rights.

Six people, four Occupiers, testified consistently for the plaintiff in the case against the City; citing economic inequality as the unifying theme and that despite the cold weather, a substantial number of occupiers remain camping at Lincoln Park. In contrast, the City’s out-of-house legal counsel, Mark Dunlap, introduced 7 city employees to testify on behalf of the City. One notable was District Attorney Stephanie Anderson who testified that her courthouse office overlooks Lincoln Park. She told John Branson, legal counsel to the occupiers, that since the cold weather had arrived, she sees no activity in the Park and everyone has left. Branson pointed out that her afternoon office hours and the darkness of the day preclude her from seeing general assemblies taking part in the Park – weekdays and on Sundays when she doesn’t work.

Also testifying for the City was Portland Police Officer Nicholas Goodman. He testified he was instructed by his superiors to take photographs of the poor health and safety conditions at Lincoln Park one morning earlier this month. Photos showed trash strewn about the Park as though a tornado had swept through the Park. Branson asked Goodman whether he know that the previous night there had been a severe wind and rain storm – with winds gusting up to 28 mph. Goodman said he was unaware of the storm the previous night. Branson continued to poke huge holes in the creditability of the defendants, although Dunlap was unable to reciprocate in kind against the plaintiffs who were solid testifiers.

However, whether or not about 6 hours of testimony will convince Judge Warren to rule that First Amendment rights supercede a local ordinance against “loitering” in city parks that would allow occupiers to remain – remains to be seen. The Judge said his decision will be short and probably available by the end of the week.

The cost for the legal services of attorney Mark Dunlap, of Norman, Hansen & DeTroy, to the city will be in the area of $10,000 to $15,000 according to Gary Wood, city corporate counsel. If the City wins the case, occupiers will have to decide whether or not to appeal the case. In all, it could take between 90 days to a year to play out said Wood.

However, some members of OccupyMaine believe that no appeal will be filed by it should the motion to vacate go forward.

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