-- APPROVED --
BRUNSWICK TOWN COUNCIL MINUTES
June 20, 2005
6:15 p.m.
Municipal Meeting Facility
6:15 P.M. Chair Lowe called the meeting to order.
Councilors Present: Chair Forrest Lowe, W. David Watson, Jacqueline A. Sartoris, Louise V. Ansari, Barbara A. Desmarais, and Joanne T. King. Douglas A. Rice and Ralph L. Tucker arrived after roll call.
Councilors Absent: Robert A. Galloupe.
Town Staff Present: Donald H. Gerrish, Town Manager; Fran Smith, Town Clerk; Pat Harrington, Assistant Town Manager; Theo Holtwijk, Director of Planning and Development; Steve Walker, Natural Resource Planner; Rick Desjardins, Police Commander; and the TV video crew.
Executive Session (6:15 P.M.): Personnel Matter
Acquisition of Property
Union Negotiations
Councilor Desmarais moved, Councilor King seconded, to go into executive session pursuant to 1 M.R.S.A. §405(6)(C) to discuss acquisition of property, 1 M.R.S.A. §405(6)(D) to discuss union negotiations, and 1 M.R.S.A. §405(6)(A) to discuss a personnel issue. The motion carried with six (6) yeas.
MEETING CONTINUES: 7:00 P.M.
Chair Lowe called for the Pledge of Allegiance.
Minutes of Previous Meetings: May 16, 2005 and June 1, 2005
Hearing no objection from the Council, Chair Lowe declared the minutes of May 16, 2005, and June 1, 2005, accepted as written.
Public Comment: None.
Correspondence:
Manager Gerrish said the town has received a letter from the Maine Department of Transportation (MDOT) regarding the Gateway 1 project. Part of the information included a request for the town to appoint a Town Response Panel. The group will consist of ten (10) to fifteen (15) citizens. There also will be one (1) Brunswick representative on the Steering Committee as chosen by the Town Response Panel. The Panel will need to begin meeting soon, so the Council will not be able to go through the normal board appointment process.
(A copy of the MDOT letter will be attached to the official minutes.)
Councilor Watson said he would like to see a representative from the districts abutting the Gateway, if not one (1) from each district.
Councilor Desmarais updated the Council on the Swinging Bridge project. The committee is advertising for bids to be received in August, hopefully with the work to be completed by November 30.
Councilor Desmarais said the Maine Street Station Design Committee had an all day workshop on Saturday. It went well and as a result of it, the design team will present two (2) plans on July 14.
Manager’s Report:
Pesticide Environmental Grant Approval
Manager Gerrish spoke about this grant. The Department of Agriculture and Board of Pesticide Control is granting one thousand dollars ($1,000) to the town for the purpose of educating the general public about lawn care techniques to minimize reliance on pesticides and still have attractive gardens and turf. The grant money shall be used to purchase materials to construct two (2) kiosks. Two-thirds (2/3) of the kiosk space will be available for town use; the other third (1/3) will promote the educational goals. The Council action would be to accept this grant. Manager Gerrish said, responding to Councilor Ansari’s question, the town staff will build the kiosks from state purchased supplies and the town will maintain them.
Councilor King moved, Councilor Watson seconded, to accept and allow expenditure of a grant from the Board of Pesticide Control to be used to build two (2) kiosks at the town’s athletic fields. The motion carried with eight (8) yeas.
Scheduling Year-end Special Council Meeting for June 30th at 5:00 p.m.
Manager Gerrish said the year-end meeting will be on Monday, June 30, 2005, at 5:00 p.m.
Scheduling Workshop re Times Record Building and Joint meeting with Topsham on BRAC.
Manager Gerrish said he would like to schedule a date for a workshop with the Times Record Building Committee for July 19, 2005.
Manager Gerrish said they would like to hold a joint meeting on June 27, 2005, between the Topsham selectman and the Council to discuss base closure information.
MDOT Rehab of New Meadows River Bridge
Manager Gerrish said Maine DOT has scheduled rehabilitation of the New Meadows River Bridge. The scheduled work includes the replacement of the existing wearing surface, new concrete curbs, extensive repair to the concrete abutments and other incidental work. The project will start by mid to late July 2005.
(A copy of the Notice of Impending Project will be attached to the official minutes.)
e) (ADDED) Report on FEMA storm reimbursement.
Manager Gerrish said the town is seeking federal reimbursement for some winter storms. The town spent over two hundred thousand dollars ($200,000) on them and expects to get over one hundred thousand dollars ($100,000) in federal money to offset some of this expenditure.
Adjustments to Agenda:
To table Item 96.
To add Item 100 regarding emergency appropriations for engineering and design improvements to Jordan Avenue.
To add Item 101 regarding setting a public hearing on a petition regarding a moratorium.
91. The Town Council will hear public comments on the following requests for Food Service Licenses and will take any appropriate action.
Food Services Establishment with Malt or Vinous
Richard Goodenow (d/b/a Rosita’s Mexican Food) Richard Goodenow
212A Maine Street
Food Services Establishment with Mobile Carts, Takeout Catering
Mr. & Mrs. Sausage, Inc. (d/b/a Mr. & Mrs. Sausage) Lee Brawn
28 Durham Road
Food Services Establishment with No Alcohol/Sit-Down
Sharon Kalvoda (d/b/a Victoria’s Bakery) Sharon Kalvoda
30 Bath Road
Mid Coast Geriatrics (d/b/a Mid Coast Geriatrics) Theresa Pinette
58 Baribeau Drive
Scarlet Begonias, Inc. (d/b/a Scarlet Begonias) Douglas Lavallee
212B Maine Street
Mid Coast Hospital, Inc. (d/b/a Mid Coast Hospital) Ross Taylor
123 Medical Center Drive
Chair Lowe opened the public hearing; hearing no comments, he closed the public hearing.
Councilor Sartoris moved, Councilor King seconded, to approve food service establishment licenses for the following applicants: Rosita’s Mexican Food, Mr. & Mrs. Sausage, Mid Coast Geriatrics, Victoria’s Bakery, Scarlet Begonias, and Mid Coast Hospital. The motion carried with eight (8) yeas.
(A copy of the public hearing notice will be attached to the official minutes.)
92. The Town Council will hear public comments on the following request for Sellers of Prepared Food on Public Ways License and will take any appropriate action.
Gerald L. Bernier (d/b/a Day’s News)
Manager Gerrish said this is a request from Day’s News to have a mobile cart outside of their building. If the Council wishes to grant the license, they can either waive the five hundred dollars ($500) fee for the use of the public way and approve the license, or can grant the license based on the condition that the fee be paid.
Councilor Desmarais moved, Councilor Watson seconded, to waive the five hundred dollar ($500) fee and to approve Day’s News request for a vending cart on the public way with the stipulation that the cart is located as presented in the diagram from the applicant. The motion carried with eight (8) yeas.
(A copy of the diagram will be attached to the official minutes.)
81. The Town Council will discuss proposed amendments to Chapter 14 (Streets, Sidewalks and Other Public Places) of Town’s Ordinance regarding noise on public ways, and will take any appropriate action.
Commander Desjardins said the Council had workshops on this proposed ordinance, and there has been a great deal of work put into it, starting in 2003. He explained some of the areas covered under this ordinance including jake brakes, straight exhaust pipes, and other vehicle noises. The latest draft has incorporated concerns of Councilor Tucker and Councilor Sartoris. This is a modest beginning and it offers some relief. MMA is supporting this ordinance since it has fact finding and includes vehicle noise.
Councilor King said she liked the way it deals with the distraction issue. She asked Commander Desjardins about enforceability.
Commander Desjardins said he felt it could be enforced.
Councilor Watson asked about the noise caused by a firearm in the case of defending oneself and if section c.ii.b fits with state statute.
Commander Desjardins said the state statute addresses problems regarding the use of firearms. A person would not be violating this ordinance if protecting oneself.
Councilor Rice suggested changing the time under section d.vii to 7:00 a.m. instead of sunrise so it is consistent with construction noise restrictions under the Zoning Ordinance.
Councilor Sartoris said, after an explanation by Commander Desjardins, the last draft section d.vii addressed her concerns.
Manager Gerrish said, responding to Councilor Desmarais’ question on how this effects road construction, under the exceptions section d.iii (noise created by governmental entity) and section d.iv (a permit for noise) that issue is addressed and allows for the noise to occur.
Councilor Sartoris moved, Councilor King seconded, to set a public hearing for July 5, 2005, on amendments to Chapter 14 of the Code of Ordinances regarding noise on public ways, with a time change from sunset to 7:00 a.m. under section d.vii. The motion carried with eight (8) yeas.
The Town Council will receive recommendations from the Planning Board for amendments to Town’s Zoning Ordinance regarding neighborhood stores, and will take any appropriate action.
Theo Holtwijk, Director of Planning and Development, said the memo from the Town Planner and Planning Board explains this proposed amendment. The request is a result of a request from Ms. Libby who wants to open the former Leeman’s Market on Jordan Avenue. Currently, this use would not be permitted. After Planning Board discussion, staff and the Board recommended looking at the issue of “Neighborhood Grocery” stores in residential zones. The end results are the proposed amendments, which change the definition of convenience store and add one for neighborhood store. They also permit neighborhood stores in all zoning districts subject to minor development review.
(A copy of the memo from Mr. Carey will be attached to the official minutes.)
Councilor Ansari said her family has missed having a store in the neighborhood (Jordan Avenue). Yet, she has concerns about alcohol consumption, especially behind the Jordan Acres School property. Since the store closed, there has been a big decrease in this occurring. She has been contacted by some who abut the store, and they felt they have not been included and did not receive notifications about meetings.
Mr. Holtwijk said they notified abutters of the site and put public hearing notices in the newspaper. If adopted, at the time of site plan review abutters will be notified. The proposed change is for all residential zones, so not everyone could be notified.
Councilor Rice said, with respect to notifications, it appears the town went out of its way to have those surrounding included when they were not required to be. This applies to all residential zones so not everyone in all those zones can be notified.
Councilor Tucker said he is in favor of the changes, and asked if all these changes needed to be made to enable this certain applicant to open up their store.
Mr. Holtwijk said the Council could make a zone change, which would allow the store on Jordan Avenue. The proposed amendments address the larger issue of removing a hurdle to allow neighborhood stores in various locations.
Councilor Sartoris said she would like to make sure there is adequate parking.
Mr. Holtwijk said they are trying not to have a situation where vehicles have to back into the road.
Mr. Holtwijk said, responding to Councilor Ansari’s concerns about alcohol sales, the Planning Board’s role is to say the location for the store is allowed, and as far as alcohol sales, the state regulates that. He did speak with the police and they did not have concerns.
Councilor Rice moved, Councilor Desmarais seconded, to set a public hearing for July 5, 2005, on the proposed amendment to the Zoning Ordinance regarding neighborhood stores. The motion carried with eight (8) yeas.
The Town Council will receive recommendations from the Planning Board for amendments to the Town’s Zoning Ordinance regarding the Rural Brunswick Smart Growth Report, and will take any appropriate action.
Steve Walker, Natural Resources Planner, said the draft amendments address the regulatory recommendations contained in the Rural Brunswick Smart Growth report. The report creation occurred after a long process and with a great deal of input from citizens and effected groups. The report has received a couple of awards.
The Planning Board is recommending a new Wildlife Habitat Overlay District and has proposed amendments to existing provisions of the Open Space Development for purposes of consistency and clarity. They feel the proposed language is a fair and effective approach to fit future rural residential development with existing wildlife habitats.
Mr. Walker said, responding to Councilor Rice’s question, the proposed overlay district boundaries had no changed.
Mr. Walker reviewed the proposed ordinance, which the Planning Board supported unanimously. He stated that the ordinance does not result in an increased regulatory burden on applicants. Review still follows the same guidelines as currently required under the zoning ordinance. The major difference is performance standards for subdivision design. Two (2) elements, which currently do not require review, are fences and driveway openings, and they will receive staff review.
Councilor King said there has been a lot of work done and there seems to be a lot of information. She has concerns with the driveway entrance permits.
Mr. Walker clarified that one (1) is needed now from Public Works and this will add the step of having the Planning Department also review the entrance.
Mr. Walker said, responding to Councilor Rice’s question about how many people were made aware of the proposed changes, there were around three hundred twenty five (325) landowners receiving notifications. Councilor Rice indicated that was good coverage.
Councilor Ansari asked if people are told about the ordinance when looking to buy homes.
Mr. Walker indicated that an existing house is not included. If there was property affected, it would be on the zoning map.
Mr. Holtwijk added, when selling property, there is a declaration which should include this, plus it is the realtor who often provides this information to owners and buyers.
Chair Lowe moved, Councilor Sartoris seconded, to set a public hearing for July 18, 2005, on the proposed amendments to the Zoning Ordinance regarding the Rural Brunswick Smart Growth Report recommendations. The motion carried with eight (8) yeas.
The Town Council will consider Town Charter Amendments and take any appropriate action.
Councilor Sartoris said she is interested in a charter amendment to have the Council’s term of office for three (3) years instead of two (2). She has asked the School Board to consider the same change for their members. Staff may also be making suggestions for other changes.
Councilor Desmarais, Councilor King, Councilor Rice, and Councilor Ansari had concerns about going to three (3) year terms and the possibility of having more resignations. They wanted more research on what other communities are doing before going forward on this.
Councilor Sartoris said she would also be interested in the feedback from the School Board’s discussion.
The Town Council will consider authorizing the prepayment of Bonds and take any appropriate action.
This item was removed from the agenda for consideration at a future meeting.
The Town Council will review the procedure for approving utility permits and take any appropriate action.
Councilor Rice said he is interested in exploring whether or not the Council wants to consider authorizing staff to approve utility location permit requests once there are Council approved guidelines in place. In the public right-a-way utilities are allowed, and staff is capable of making the decision on these permits. He would like to see the Council still gets notified. The fees may have to be increased, with all the time and effort to review the requests, and Mr. Foster could work on those numbers.
The Council expressed support for this idea, and staff will bring back a policy for Council approval.
Item 100 was taken out of order and done next.
The Town Council will consider an amendment to the Council Rules of Order regarding public comments from nonresidents at Council meetings and will take any appropriate action.
Chair Lowe said he is interested in discussing whether the Council wishes to consider amending the Council Rules of Order regarding under what circumstances nonresidents may make public comment at Council meetings. Currently, there is nothing in the rules.
Councilor Rice suggested under the public comment section, to allow residents and taxpayers only to speak. Under items, allow residents and taxpayers to speak first.
Councilor Desmarais asked about those who work in Brunswick and how they would fit in.
After discussion, the Council decided not to have any rule change, but have an informal policy of allowing residents and taxpayers to speak first.
Councilor Sartoris said she wanted to make sure people tell the Council where they live.
The Town Council will consider a request from the International Association of Machinists S/6 for a Game of Chance License for its annual picnic at Thomas Point Beach and will take any appropriate action.
Manager Gerrish explained this item would allow games of chance for the International Association of Machinists S/6 at their annual picnic.
Councilor Watson moved, Councilor Tucker seconded, to approve the Bingo/Games of Chance license application for International Association of Machinists S/6 for its annual picnic. The motion carried with eight (8) yeas.
100. (ADDED) The Town Council will consider authorizing an emergency appropriation for engineering and design of Jordan Avenue improvements and will take any appropriate action.
Manager Gerrish said this allows for the town to spend money to do the engineering and design work for the Jordan Avenue improvements. He is recommending this appropriation.
Councilor King moved, Councilor Ansari seconded, to adopt the Resolution for an Emergency Appropriation of $75,000 from Unappropriated Available General Fund Revenues for the Engineering and Design of Improvements to a Portion of Jordan Avenue. The motion carried with eight (8) yeas.
(A copy of the Resolution will be attached to the official minutes.)
101. (ADDED) The Town Council will consider setting a public hearing on the Petition for the enactment of an ordinance entitled “Moratorium on Sludge and Sludge-Derived Products” and will take any appropriate action.
Manager Gerrish said the petition had been filed and the Town Clerk believes there will be enough signatures to continue the process. In anticipation of the signature certification, the Council may wish to set the required public hearing for July 5. There is also the issue of whether the town wants to consider holding off spreading the Class A product since the signatures have come in. This is a Council decision.
Councilor Sartoris said she would like a cost breakdown for the difference between the products (Class A and organic) and equipment use factor. She added that a number of citizens who signed the petition said they were given misinformation. The citizens indicated they would not have signed if they had been given correct information.
Councilor Watson asked for cost to test the organic product at the same level as the Class A product is tested.
Manager Gerrish explained, responding to Councilor King’s question about spreading occurring now, there have been no applications made yet, but if they were made it could be spread. The proposal for a moratorium does not prevent it from occurring.
Councilor Sartoris moved, Councilor Desmarais seconded, to set a public hearing for July 5, 2005, on the petition for the enactment of an ordinance entitled “Moratorium on Sludge and Sludge-Derived Products”. The motion carried with seven (7) yeas. Councilor Rice was opposed.
The meeting adjourned at 9:25 p.m.
PLEASE NOTE: THESE MINUTES ARE NOT VERBATIM. A VIDEO RECORDING OF THE MEETING IS AVAILABLE AT THE TOWN CLERK'S OFFICE DURING REGULAR BUSINESS HOURS.
Frances M. Smith
Town Clerk
June 24, 2005
July 5, 2005
_________________________
Date of Approval
__________________________________
Council Chair