APPROVED

BRUNSWICK TOWN COUNCIL MINUTES

February 2, 2004

Municipal Meeting Facility

7:30 P.M.

7:00 P.M. Executive Session – Possible Acquisition of Property

Councilor Desmarais moved, Councilor Watson seconded, to go into executive session to discuss the possible acquisition of property. The motion carried with eight (8) yeas. Councilor McCausland arrived after the vote.

7:35 P.M. Chair Lowe called the meeting to order and asked for the Pledge to the Flag.

Councilors Present: W. David Watson, Jacqueline A. Sartoris, Robert A. Galloupe, Douglas A. Rice, Charles R. Priest, Barbara A. Desmarais, Forrest Lowe, Joanne T. King, Stephen H. McCausland.

Councilors Absent: None.

Others Present: Patricia Harrington, Assistant Town Manager; Elin M. Gould, Acting Town Clerk; John Eldridge, Finance Director; Mary Reindl, Welfare Director; Theo Holtwijk, Director of Planning and Development; Tom Farrell, Parks and Recreation Director; Mat Eddy, Director of Economic Development; several citizens, members of the press, and the TV video crew.

Minutes of Previous Meeting: January 20, 2004

Hearing no objection, Chair Lowe declared the minutes of January 20, 2004 approved as written.

Public Comment: None.

Correspondence: None.

Manager’s Report:

1. Financial Update

Finance Director John Eldridge reported that on the revenue side, excise tax is ahead of last year and revenue sharing is about the same. Interest continues to lag. Overall, expenditures are in good shape, with the exception of General Assistance.

Councilor Sartoris requested that fees, such as vendors on the Mall and landfill tipping fees, be reviewed for possible modifications.

2. Report on General Assistance

Mary Reindl, Welfare Director, requested an increase in the allocation for Human Services. Housing, fuel, and electricity assistance, as well as increased requests for help with burials and cremations, have strained the budget and it is anticipated that the account will be over expended by $25,000.

Mr. Eldridge added that the Town has no discretion and must pay General Assistance regardless of appropriation of the funds by the Council.

Councilor Sartoris moved, Councilor Priest seconded, to appropriate twenty five thousand dollars ($25,000) from unappropriated available general fund revenues to fund general assistance expenditures projected to be in excess of the amount appropriated in the 2003-2004 municipal budget. The motion carried with nine (9) yeas.

3. Sewer District Rate Increase

Frank McVey, General Manager of the Brunswick Sewer District, reported to the Council on the reasons for the increase.

Councilor Priest said that annual smaller increases would be easier for people to adjust their budgets and he, along with Councilor Sartoris, urged the Sewer District to televise their meetings on Cable 7.

Responding to questions from Councilors Galloupe and Rice, Mr. McVey said the sewer district is not under the control of the Public Utilities Commission, but that of the Department of Environmental Protection, Environmental Protection Agency, and their charter. He also explained the significant increase in the budget in the last year. He said the Navy flow removal revenue has decreased over the last four (4) years; enforcement of a DEP regulation has resulted in the need for commercial composting, which has increased costs from fifteen thousand dollars ($15,000) to one hundred fifteen thousand dollars ($115,000) annually, and two (2) pieces of hardware needed to be replaced because they contained mercury seals. The change in use by the Navy is a result of flow diversion by use of ground injection, base wide sewer rehabilitation, the demolition of over twenty (20) buildings not to be replaced, and the replacement of housing facilities incorporating water conservation hardware.

Councilor Sartoris and Councilor Priest inquired about what happens in Topsham with the rate change and their contract.

Mr. McVey said this does not apply to contracted services such as Topsham. However, it does apply to the Navy by virtue of the contract with them. The Sewer District will be getting a negotiated amount from Topsham annually. Initially, this will be seventeen thousand dollars ($17,000), an amount equivalent to one (1) percent of a rate change, and will escalate annually with the consumer price index. Twenty two (22) years remain on the fifty (50) year contract with Topsham. As to treating septage, seven (7)percent of the District income is from septage, and that is an area that can grow. It has grown fifteen (15) percent per year in the last three (3) years, which helps municipal users delay and decrease increases.

(A copy of Mr. McVey’s presentation will be attached to the official minutes.)

d) Update on Negotiations with Suscom

Councilor McCausland, Chair of the Cable Franchise Committee, explained that the franchise renewal has nothing to do with rate increases; the Town has no authority over rates. He said the franchise agreement with SusCom ended in 2003 and there is a three (3) month extension in place. Some meetings have been held and others scheduled, but there has been no significant progress at this point.

Assistant Manager Harrington announced that the proposed noise ordinance, tabled at the last Council meeting, would be brought back to the Council in March.

Councilor Galloupe reported on a regionalization meeting hosted by MCBDP that included the towns of Brunswick and Harpswell, as well as all the communities in Sagadahoc County. Brunswick representatives at the meeting were: Councilors Sartoris, King, Desmarais, and Galloupe, Theo Holtwijk, Director of Planning and Development, Mat Eddy, Economic Development Director, and John Hodge, Director of the Brunswick Housing Authority. Planning, sprawl, and economic issues were discussed. Mr. Galloupe said that he perceived a positive attitude toward regionalization.

Councilor Sartoris added that some very specific ideas were presented, including the possibility raised by some of Brunswick’s neighboring communities, of Brunswick becoming a part of Sagadahoc County. She also said that she was impressed by the enthusiasm over regionalization among the more than sixty (60) people in attendance.

Councilor King thanked the West Bath Volunteer Fire Department for the use of their building for the meeting.

Councilor Sartoris reported that she and Councilor Desmarais attended a meeting of an informal group aimed at coordinating available programs and activities for teens and looking at requests for additional services such as hosting dances. Councilor Sartoris said these are not issues that would cost the town money, but she does see the need for coordination of programs.

Adjustments to Agenda: None.

14. The Town Council will hear public comments on the following request for a

Victualer’s License and will take any appropriate action.

T.I.C., LLC, d/b/a Thai House Restaurant

207 Pleasant Street Bounkien Thongsophanphone

Chair Lowe opened the public hearing. Hearing no comments, he closed the public hearing.

Assistant Manager Harrington said that staff recommends approval.

Councilor Priest moved, Councilor Desmarais seconded, to approve the Victualer’s License for Thai House Restaurant. The motion carried with nine (9) yeas.

(A copy of the public hearing notice will be attached to the official minutes.)

15. The Town Council will hear public comments on the following requests for

Special Amusement Licenses and will take any appropriate action.

Bowdoin College Moulton Union

1 College Street Barry Mills

Bowdoin College Thorne Hall

1 College Street Barry Mills

Chair Lowe opened the public hearing. Hearing no comments, he closed the public hearing.

Assistant Manager Harrington said that staff recommends approval.

Councilor Priest moved, Councilor Sartoris seconded, to approve the Special Amusement Licenses for Bowdoin College Moulton Union and Thorne Hall. The motion carried with nine (9) yeas.

(A copy of the public hearing notice will be attached to the official minutes.)

16. The Town Council will hear public comments on the “Action Plan for Housing

in Brunswick: 2003” and will take any appropriate action.

Assistant Manager Harrington said in the future there will be a workshop to go over the plan in more detail; however, there is a desire to have the Council look at the plan and move it forward at this time.

Chair Lowe said that this plan is being considered in association with the CDBG grant application also on tonight’s agenda, as acceptance of the plan will help with the grant application.

Councilor Priest said the plan looks good and is badly needed. He asked what would be expected from the Town monetarily.

Councilor Rice said that money was a concern when bringing forth the plan. They looked at staff support, zoning changes, and CDBG grants, things with minimal out of pocket expense to the Town.

Theo Holtwijk, Director of Planning and Development, said cost depends on specific actions the Council endorses in subsequent actions.

Councilor Priest confirmed with Mr. Holtwijk that the Town is not committed to any specific expenditure by adopting this plan. At this point, there is nothing in the plan that requires the Town to spend anything beyond the staff costs.

Mr. Holtwijk said, however, that the plan recognizes that some money will have to be spent, though not necessarily by the Town. Not everything will be able to be done with simple labor. He could not say that the Town would not spend any money to implement the plan.

Councilor Sartoris said the need has become increasingly clear. The plan puts together a menu of options and is a tremendous first step. Brunswick is in danger of becoming a community that only attracts the wealthy. She commended the people who worked on this, forging a partnership with Harpswell.

Councilor Rice said the Council did contribute to this study, a small share of what was raised from organizations and businesses in the area.

Chair Lowe opened the floor for public comment. Hearing none, he closed the public comment period.

Councilor Sartoris moved, Councilor Watson seconded, to accept the Action Plan for Housing in Brunswick 2003.

Councilor McCausland said he is going to vote in favor of the plan, but he would like to lower expectations that this will lower housing costs in Brunswick. The Town cannot do much except focus attention on the subject, as housing is private industry.

Councilor Priest said there are ways to proceed to encourage building of affordable housing, such as the upcoming item on a CDBG grant. It is a worthwhile plan.

Councilor Desmarais said she, too, thinks it is a worthwhile plan. She would like to see all parts of town have workforce housing.

Chair Lowe commented that this had a grassroots beginning and has grown into a substantive report with some recommendations that will move the issue ahead. He expressed his appreciation to those who began this effort.

The motion carried with nine (9) yeas.

(A copy of the Action Plan is attached to the official minutes of December 16, 2003.)

17. The Town Council will hear public comments on the Town’s intention to apply

for a $400,000 housing rehabilitation grant as administered by the Department

of Economic and Community Development and will take any appropriate

action.

Mat Eddy, Economic Development Director, went through the grant application history, process, and plan of action for a grant to assist with the rehabilitation of housing mainly in the areas of Maine St. between Pleasant and Mill Sts, and the northwest neighborhood. The rules of the program say that Brunswick would not be eligible to apply for this grant again for two years. The time for this application is short, and the Northwest Brunswick Neighborhood Association voted not to support the application at this time, as there was insufficient time to conduct a review of the draft application that could resolve questions to the satisfaction of their board members. Mr. Eddy said that the application, while still viable, will not be as strong without the support of the NWBNA. His experience has been that you get the seed money and that grows as you begin to connect with more and more programs to the point where you can obtain enough money to make a substantial investment that can change and improve the character of neighborhoods. He said this is just the beginning, and cautioned that there are others ahead in line for available grant funds.

Councilor Desmarais asked if the proposal would be weakened by the lack of support of the NWBNA, could we make application next year instead?

Mr. Eddy said this program is only offered every two (2) years.

Councilor Sartoris was concerned about safeguarding the goal of maintaining affordable housing.

Mr. Eddy responded that there is a need to focus on balance. The CDBG program serves up to eighty percent (80) of median income, and does not exclude persons with Section eight (8) certificates. Other programs, such as Maine State Housing Authority rental loan programs even have deeper subsidies.

Responding to Councilor Desmarais’ question, Mr. Eddy said that fifty-one (51) percent of the units served have to have a family in them that is at eighty percent (80) of median income or less, structured on family size. Fair market rents are also established which is what a rent can be to serve a particular individual. In single family units, the entire family would have to meet that maximum of eighty (80) percent of median income. In multiple family units, a balance would be maintained in the buildings. The rental units are set up for a ten (10) year time frame to avoid gentrification, which is a process by which an older, poor quality neighborhood becomes popular as an investment and values are increased to where lower income families are displaced.

Chair Lowe opened the public hearing. Hearing no comments, he closed the public hearing.

Responding to Councilor King’s question, Mr. Eddy said that the five thousand dollars ($5,000) targeted in the grant for financial administration was intended to bring in some revenue to offset the cost of grant management, however, it may not cover all the costs associated with that.

Mr. Eddy agreed with Councilor Sartoris assertion that this is not a part time grants manager.

Councilor McCausland moved, Councilor Priest seconded, to authorize the Town to apply for a $400,000 housing rehabilitation grant from the state Department of Economic and Community Development. The motion carried with nine (9) yeas.

(A copy of a memo from Mat Eddy and grant application will be attached to the official minutes.)

18. The Town Council will seek public input on the Comprehensive Plan Review

Report and will take any appropriate action.

Margaret Wilson, member of the Comprehensive Plan Review Committee, said the committee has set an ambitious time table of one (1) year with the current committee remaining in place for the next phase.

Councilor Sartoris explained the process and recommendations of the committee as outlined in the summary plan. She said this is the first stage of a local growth management program establishing a vision and then implementing it.

Councilor Priest clarified that the document that is proposed to be approved is the full report from the January 20, 2004 meeting, not the condensed version presented tonight.

Councilor King asked about the recommendation to appoint a member from the Brunswick Economic Development Corporation, since Mr. Morrell is already on the committee and he is a member of the BEDC.

Ms. Wilson responded that Mr. Morrell fills the category of professional developer and the committee felt they needed a member to represent economic development interests.

Chair Lowe opened the floor for public comment. Hearing none, he closed the public comment period.

Councilor Priest said the report was a well thought beginning to an extremely important document. He expressed the following concerns (page references are to full report document):

Page twelve (12) does not look at cars and taxis. It focuses on public transportation.

Mr. Priest said it should look at a model of the entire traffic flow of the town.

Page eighteen (18), theme D proposes incorporating the goals of the BEDC into the plan; however, those goals have yet to be adopted.

Page nineteen (19) addresses the backlog of immediate maintenance and space needs of the town’s physical plant. Mr. Priest urged the committee to coordinate this with the Capital Improvement Plan.

Page thirteen (13) concerns policies dealing with extension of public sewers, which Mr. Priest again urged be coordinated with the policies set at the last election.

Page thirty (30) regarding the development of an additional business park, gives the responsibility for adopting the park to the BEDC with staff assistance. He said there has to be definition of the meaning of giving the responsibility to another agency, rather than the Town.

Page thirty-four (34) recommends funding and conducting a preliminary feasibility and cost analysis for the construction of a parking garage. Mr. Priest said this is a very controversial issue and the Council needs to think about committing to it by acceptance of the plan.

Chair Lowe was reluctant to endorse section seven (7). He was concerned about the availability of staff support to move a number of these things ahead. Staff is working on the capital and facilities planning process, as well as the fire station issue. He also said the BEDC strategic plan will be presented to the Council at a later date, at which time the Council will amend or approve it as they see fit, so ultimately that will already have been blessed by Council.

Councilor Sartoris said the discussion among the committee regarding transportation was very broad and not focused on public transportation. They talked about neighborhoods and traffic and the flow of traffic generally. As to section seven (7), she suggested having staff speak to the recommended actions at another time, and not adopt section seven (7) tonight.

Ms. Wilson agreed that section seven (7) is severable. It was a way the committee brought things to the Council for future discussion, things that were talked about in the 1993 plan and that people are still interested in. She also said the hope is that the Comprehensive Plan will allow and encourage the theme of coordination expressed by Councilor Priest.

Councilor Sartoris moved, Councilor Watson seconded, to formally accept the report of the Comprehensive Plan Review Committee with Section seven (7) deleted; to reconstitute the current Comprehensive Plan Review Committee as the Comprehensive Plan Update Committee and charge the new committee with the task of updating the Town’s Comprehensive Plan in accordance with the recommendations of the Review Committee’s report and with recommending an updated Comprehensive Plan to the Town Council by February 15, 2005; to re-appoint the current members of the Review Committee who desire to continue to serve on the Update Committee, and replace those members who do not wish to continue to serve; to appoint additional members to the Update Committee representing educational/school department and economic development interests, Bowdoin College, and Brunswick Naval Air Station; to authorize the Town Manager to expend the funds budgeted for consulting services and other costs associated with the preparation of the update; and to authorize the Town Manager to negotiate a contract amendment with Planning Decisions, Inc. to provide continuing consulting services with respect to the update. The motion carried with nine (9) yeas.

Chair Lowe expressed his appreciation to the committee and urged completion of the plan by February 2005.

(A copy of the report summary will be attached to the official minutes. A copy of the full document is attached to the official minutes of January 20, 2004.)

19. The Town Council will consider a Resolution Authorizing the Town Treasurer

to Waive Foreclosure on Certain Real Estate Tax Lien Mortgage and will take

any appropriate action.

Assistant Manager Harrington and Finance Director Eldridge explained that this is an annual Resolution that allows the Treasurer, along with the Town Manager, to determine what properties, if any, the Town does not want to acquire.

Councilor McCausland moved, Councilor Galloupe seconded, to adopt the Resolution Authorizing the Town Treasurer to Waive Foreclosure on Certain Real Estate Tax Lien Mortgages. The motion carried with nine (9) yeas.

(A copy of the Resolution will be attached to the official minutes.)

20. The Town Council will discuss Goals for 2004 and will take any appropriate

action.

Chair Lowe recommended sticking with the Fire Station, Capital Improvement Plan, and facilities for the next few months and then re-evaluating the Goals.

Councilor Priest recommended re-adopting the 2003 Goals.

Councilor Priest moved, Councilor Rice seconded, to re-adopt the 2003 Goals as the 2004 Goals.

Councilor King said that number two (2) and number one (1) should be reversed.

Councilor McCausland said that the numbering is not a priority list; it is just a numerical list of the Goals.

Chair Lowe read the Goals and expressed concern with the wording of number six (6), to continue discussion of the Spring Street site (Old High School).

Councilor Watson asked if number two (2) included a sub-station at Cooks Corner.

Councilor Sartoris said she did not believe that a sub-station was included in that Goal.

Councilor Priest suggested that perhaps the wording as it stands is a useful ambiguity for further discussion and action at a later date.

The motion carried with seven (7) yeas. Opposed: Watson, King.

(A copy of the adopted Goals for 2003 and 2004 will be attached to the official minutes.)

21. The town Council will consider a request from the Parents Group at Jordan

Acres School to place a sign on Jordan Ave. at the entrance to Jordan Acres

School and will take any appropriate action.

Assistant Manager Harrington explained that because the sign will go on public property, Council action is required. She said the sign meets all Codes and approval is recommended.

Councilor Priest moved, Councilor King seconded, to approve the request from the Jordan Acres Parents Group to place a sign at the entrance to Jordan Acres School. The motion carried with nine (9) yeas.

(A copy of pertinent sections of the zoning ordinance, letter from the Parents Group, and sign will be attached to the official minutes.)

22. The Town Council will consider acceptance of Brian Drive and Marc Drive in

the Westwood Estates subdivision and will take any appropriate action.

Assistant Manager Harrington said that the roads meet standards and specifications and are grandfathered from the conditions of the road acceptance policy. Approval is recommended.

Councilor Rice moved, Councilor Sartoris seconded, to accept Brian Drive and Marc Drive as Town roads. The motion carried with nine (9) yeas.

(A copy of a letter from the Town Engineer, map, and deed will be attached to the official minutes.)

23. The Town Council will consider appointments to the Town’s Boards and

Committees and will take any appropriate action.

Councilor Galloupe nominated Charles Washington to the Assessment Review Board as a full member for a term to expire 1/12/2007.

Mr. Washington was appointed with nine (9) votes.

Councilor Galloupe nominated Joan Viles to the Cable Television Committee as a full member for a term to expire 9/6/2006.

Ms. Viles was appointed with nine (9) yeas.

Councilor Galloupe nominated Mark Phillips as an alternate member of the Personnel Board for a term to expire 1/12/2005.

Mr. Phillips was appointed with nine (9) votes.

Councilor Galloupe nominated Sean Boyles to the Recycling Committee as a full member for a term to expire 1/1/2007.

Mr. Boyles was appointed with nine (9) votes.

Councilor Galloupe nominated Norman Rattey for re-appointment to the Zoning Board of Appeals as a full member for a term to expire 11/20/2006.

Mr. Rattey was appointed with nine (9) votes.

Councilor Sartoris nominated Silas Atkins to the Sewer District Board of Trustees as a full member for the balance of a term to expire 4/1/2005.

Mr. Atkins received six (6) votes (Watson, Sartoris, Galloupe, Lowe, Priest, King) and was appointed to the Sewer District Board of Trustees.

Councilor Galloupe moved, Councilor Priest seconded, to adjourn the meeting. The motion carried with nine (9) yeas.

The meeting adjourned at 10:05 p.m.

PLEASE NOTE: THESE MINUTES ARE NOT VERBATIM. A RECORDING OF THE MEETING IS AVAILABLE AT THE TOWN CLERK’S OFFICE DURING REGULAR BUSINESS HOURS.

Elin M. Gould

Acting Town Clerk

February 6, 2004

February 17, 2004

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Date of Approval

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Council Chair