-- APPROVED --

BRUNSWICK TOWN COUNCIL MINUTES

July 18, 2005

7:00 p.m.

Municipal Meeting Facility


7:00 P.M. Chair Lowe called the meeting to order and asked for the Pledge of Allegiance.


Councilors Present: Chair Forrest Lowe, W. David Watson, Jacqueline A. Sartoris, Robert A. Galloupe, Douglas A. Rice, Louise V. Ansari, Barbara A. Desmarais, Ralph L. Tucker, and Joanne T. King.


Councilors Absent: None.


Town Staff Present: Donald H. Gerrish, Town Manager; Fran Smith, Town Clerk; Patricia Harrington, Assistant Town Manager; Tom Farrell, Parks and Recreation Director; Steve Walker, Natural Resources Planner; Theo Holtwijk, Director of Planning and Development; and the TV video crew.


Minutes of Previous Meeting: June 30, 2005


Hearing no objections from the Council, Chair Lowe declared the minutes of June 30, 2005, accepted as written.


Public Comment: None.


Correspondence:


2006 Slate of MMA Executive Committee & Officers


Manager Gerrish said MMA asked that the municipal officers of each town vote on the slate of officers.


Councilor Galloupe moved, Councilor Sartoris seconded, to accept the slate of MMA Executive Committee and Officers as presented. The motion carried with nine (9) yeas.


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


Councilor Desmarais said the Maine Street Station design plans are available on the town’s web site, at town hall, or at the library. People are welcome to make comments on them.


Manager Gerrish said the land was purchased for the fire substation and work has begun.



Manager’s Report:


  1. Congratulations to Cal Ripken 12 and under All Star State Champions


Chair Lowe said the Brunswick Cal Ripken baseball team has won the state championship and they are now going to the New England Regional Championship on July 29 to play against Vermont. He wished them the best of luck.


Mitchell Rousseau, coach of the team, introduced the members of the team and presented Tom Farrell, Director of the Parks and Recreation Department, with trophies from the team’s victory, to be displayed at the Recreation Center. The team members are: Luke Carter, Mitchell Black, Joe Messerman, Matthew Chart, Devin Bouch, TJ Fitzpatrick, Justin Ciciotti, Stephan Stack, Patrick Horan, David Green, Ryan Rousseau. The coaches are: Jack Horan, Kevin Bouch and Mitchell Rousseau.


  1. Recognition/Presentation - Capt. Winneg


Representative Stan Gerzofsky and Representative Carol Grose presented a legislative sentiment to Captain Robert Winneg, the outgoing Commander of the Brunswick Naval Air Station. The sentiment thanked him for all his assistance to the state, Brunswick, and the Naval Air Station.


Captain Winneg thanked the Representatives for the sentiment. It had caught him by surprise. His departure comes at a bittersweet time. His time in Brunswick has been the highlight of his career. He thanked the town for supporting the Naval Air Station.


  1. Donation from Brunswick Area Youth Football League


Tom Farrell, Director of Parks and Recreation, said BAYF made a donation to the Parks & Recreation Department of $4,500 to go toward the $5,900 necessary to purchase a new scoreboard for the football field on McKeen St. The remaining $1,400 will be funded from the Parks and Recreation budget.


Ken Ames, President of BAYF, explained that his organization would like to make a donation toward the purchase of a new scoreboard. He added the Recreation Department does a great job assisting the league and maintaining the fields.


Mr. Farrell said, responding to Councilor Watson’s question, the scoreboard is being designed so it can be moved. It is being put on the old high school building at this time so that the cost can be kept down.


Councilor Rice moved, Councilor Desmarais seconded, to accept and expend the donation from the Brunswick Area Youth Football League in the amount of $4,500 for use in the purchase of a new scoreboard for the football field on McKeen Street. The motion carried with nine (9) yeas.



  1. Donation from Bowdoin Student Athletes (Ironbear Triathlon)


This item was removed from the Manager’s Report.


  1. Update on Mere Point Boat Launch


Steve Walker said the draft order of approval from the DEP staff has come out. The full board will review it on August 11. The draft order has pretty much what town staff had suggested be included in it.

Adjustments to Agenda: None.


  1. The Town Council will hear public comments on the following requests for Food Service Licenses, and will take any appropriate action:


Food Service Establishment with Malt, Vinous & Spirituous Liquor:


ZEK, LLC

d/b/a Captain Daniel Stone Inn Ms. Jolanta Starsiak

10 Water Street


Food Service Establishment with Mobile Carts, TakeOut, Catering:

Arthur Young

d/b/a Waterfront Snack Bar Mr. Arthur Young

14 Maine Street


James Boucher

d/b/a Zen Dogs Mr. James Boucher

25 Stanwood St.

Food Service Establishment with No Alcohol/Sit Down:


China Bowl, Inc.

d/b/a Golden Chopsticks Mr. He Qiang Chen

182 Bath Road


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


Councilor Desmarais moved, Councilor King seconded, to approve the following requests for Food Service Licenses from the Captain Daniel Stone Inn, Waterfront Snack Bar, Zen Dogs, and Golden Chopsticks. The motion carried with nine (9) yeas.


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


  1. The Town Council will hear public comments on the following request for an Alcoholic Beverage License, and will take any appropriate action:


Full-Time Spirituous, Vinous & Malt:

ZEK, LLC

d/b/a Captain Daniel Stone Inn Ms. Jolanta Starsiak

10 Water Street


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


Councilor Sartoris moved, Councilor Desmarais seconded, to approve the following request for an Alcoholic Beverage License from the Captain Daniel Stone Inn. The motion carried with nine (9) yeas.


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


  1. The Town Council will hear public comments on the following request for a Special Amusement License, and will take any appropriate action:


Special Amusement:

ZEK, LLC

d/b/a Captain Daniel Stone Inn Ms. Jolanta Starsiak

10 Water Street


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


Councilor Desmarais moved, Councilor King seconded, to approve the following request for a Special Amusement License from the Captain Daniel Stone Inn. The motion carried with nine (9) yeas.


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


  1. The Town Council will hear public comments on the following request for an Innkeeper’s License, and will take any appropriate action:


Innkeepers (over 15 rooms):

ZEK, LLC

d/b/a Captain Daniel Stone Inn Ms. Jolanta Starsiak

10 Water Street


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


Councilor Desmarais moved, Councilor Ansari seconded, to approve the following request for an Innkeepers License from the Captain Daniel Stone Inn. The motion carried with nine (9) yeas.


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


  1. The Town Council will receive public comments on proposed amendments to the Town’s Zoning Ordinance regarding the Rural Brunswick Smart Growth Report, and will take any appropriate action.


Mr. Walker gave an overview of the proposed ordinance. The proposed language is the zoning part of the Rural Brunswick Smart Growth Report recommendations. There has been extensive Planning Board input and public notification was sent to over 400 land owners. These changes will set new subdivision performance standards and provide clarification for open space development.


(A copy of a memo from the Planning and Development Department will be attached to the official minutes.)


Councilor King said her original understanding was that what was going to be done would be guidelines – not ordinance changes. She asked if that had changed.


Mr. Walker said the report did have regulatory sections as two of its ten points.


Councilor Desmarais said the Comprehensive Plan Committee has incorporated the recommendations of the report in their draft Plan. The town is required to put forth zoning ordinance changes to be consistent with the Comprehensive Plan.


Mr. Walker said, responding to Councilor King’s question about fences, under the proposed language, they are allowed in developed portions of property, but no large fences around undeveloped property are allowed.


Chair Lowe opened the public hearing.


Thomas Peterson, Brunswick-Topsham Land Trust, said this group supports the ordinance changes and believes they are the way to go.


Resident, Columbia Avenue, said she is proud to live in such a forward thinking town. She would also like to see similar provisions in the urban areas to protect in-town wildlife. She supports the proposed ordinance changes.


Louisa Hart, 9 Jordan Avenue, spoke in support of preserving the wildlife. Wildlife corridors are one way to allow wildlife to travel through fragmented properties.


Lisa Martin, Hacker Road, spoke in support of the overlay districts. She thanked the Planning staff for their work and all the public input they sought. The ordinance will provide guidance for building and developing responsibly.


Todd Buchheit, 105 Collinsbrook Road, said he is an affected landowner. He likes to hunt and spends time in the forest. He is not convinced that fragmentation will bring the negative effects that are feared. He has seen just as much wildlife in the in-town growth zone as in the rural areas. He is not sure if wildlife is being damaged and if there is a justification for additional restrictions. The requirement for landowners to put some property in permanent conservation easements will affect their ability to sell property, and there may be problems when building a new home. He has deep concerns and asks that the Council postpone voting until there is more time to review the ordinance so landowners can feel more comfortable with where the Council is proceeding. He would like to see some voluntary programs first before moving to ordinance amendments.


Stephen Prescott, 102 Echo Road, said unmanaged development will hurt this area. Brunswick is special and he would not like it developed like other communities have been. The plans do not take away property rights, but bring guidelines for development and protection of habitats. Unbroken blocks of land are important. He asked the Council to support the ordinance.


Bill McCullough, Old Portland Road, said he strongly supports the proposed changes, but he would like to see the wildlife overlay district be expanded. He hopes the Council votes in support of the changes, and expands the district a great deal.


Scott Fraser, Durham Road, said his family is one of the larger property owners in Brunswick. He is opposed to this ordinance. He has talked to the State Farm Bureau and they said this is dangerous, and if there was more time they would put up opposition to it. He asked the Council to postpone any vote, and feels this language takes away landowners’ rights.


Peter Didisheim, Hemlock Road, spoke in support of the overlay district. This is a result of over a decade of work. The Open Space Task Force, which he served on, discussed preserving wildlife and plants. This would be a shift to a system-wide conservation approach when development occurs.


Ruth Fraser, Durham Road, said she does not understand all of the proposed ordinance, and wants to ask some questions. She would like more time to get the answers so she is not upset about what is being done. She does not want to have to pay taxes if she has to give up some things. This should be voluntary and should not be imposed on them in an ordinance. She asked several questions, which were answered by town staff later in the meeting. She did feel the $5,000 fee per acre, instead of putting land into protection status, is too high.


Norm Pierce, Brunswick property owner, said he does not support this ordinance and this shocks him. His property was going to be his “retirement” and this ordinance is taking away the value of a man’s land.


Resident, said the woods are one of the nice things about Brunswick and he wants to have them to enjoy in the future.


Ann Weed, River Road, said her family has owned land since 1930 and paid taxes all these years, yet now the town is creating more and more restrictions as to what she can do with it. She was hoping to have the future generations of her family be able to build homes on her property. This proposed ordinance will restrict land more and more for families. The town is trying to restrict what is done and she feels property owners will lose rights. She asked for additional time before the Council adopts the changes so she can get a better understanding of the ordinance.


Julie Poole, Moody Road, agrees with the Smart Growth Report. In other places she has lived the development has removed wildlife habitats. This plan is not to take away rights, instead it provides guidance for protection of wildlife. She is glad it is being considered.


Louis Marstaller owns 50 acres of land in Brunswick. If the town is going to go ahead with the ordinance, it should have an appropriation to buy easements that it wants owners to give away. This will get all to help pay. The town should share the cost.


Chair Lowe closed the public hearing.


Mr. Holtwijk addressed Ms. Fraser’s questions:



Mr. Walker discussed the timeline for the Report. It started in the winter of 2001-2002 including meetings with the various stakeholders and other groups. The Council accepted the final report and then the crafting of the ordinance began last summer. The Planning Board gave its final approval in March 2005, and now it is before the Council. All along the way there have been mailings to large land owners in the affected area.


Mr. Walker said, responding to Councilor Ansari’s question about how far back in the process land owners were contacted, the report was created in Spring 2002 and there was an outreach meeting early on, the Planning Board had workshops and public hearings where over 400 notifications went out. There have been chances for input throughout the process.


Mr. Holtwijk read the most recent notice which was very specific for tonight’s meeting.


Councilor King said she would like to postpone this so people have additional time to understand the issues. This will also give them time to get their questions answered.


Councilor King moved, Councilor Rice seconded, to table this item to give more time to clarify issues.


Councilor Rice said he would like to take time to explain the impacts on people. He is happy with the notification process. He will most likely support it, but would feel more comfortable with having more time for staff to answer residents’ questions so they can see that this is good for all.


Councilor Desmarais said she supports the Smart Growth Report, of which this proposal is a result. She understands there are concerns, but she would like to wait for only one meeting before making a decision. This allows time for questions to be answered. She asked Mr. Walker if he thinks he can make people feel comfortable with the changes, and the difference between a single home being built and a development occurring, as far as how the ordinance views them.


Mr. Walker said this approach was equitable enough and should not change the amount that can be developed. He encouraged people to come in and discuss their concerns with him. Density does not change under the ordinance, just the layout of a project.


Councilor Sartoris said she does not want to take much more time and would like to see this brought back at the next Council meeting. This should give people enough time to have their questions addressed.


Both Councilor King and Councilor Rice accepted the change to table the item to the August 1 meeting.


Councilor Watson said he supports the ordinance. What is critical is what property owners’ rights are, and he would like a good explanation as to what they are.


Mr. Walker said allowed uses do not change, density does not change, and conservation easements are just one way to address mitigation. They are not trying to take away property owners’ rights or take away from their returns, and this is reflected in the ordinance.


Councilor Ansari said she is happy with the notification, but she will support it going to the next meeting.


Mr. Walker and Mr. Holtwijk said, responding to Councilor King’s question about the example of the amount of impact fees that had been provided in the written materials, this is the worst case scenario if someone took all the trees and the property was 100 percent in the overlay district.


Councilor King moved, Councilor Rice seconded, to table this item until the Council meeting on August 1 to allow time to clarify issues. The motion carried with nine (9) yeas.


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


  1. The Town Council will consider proposed amendments to the Town Charter, and will take any appropriate action.


Councilor Sartoris said she is proposing Charter amendments to have Councilor’s term of office for three years instead of two. She is not “wedded” to this idea, but feels that at times the Council has difficulty making decisions; this may be due to the time it takes to come up to speed on issues. The longer terms may take away some learning curve issues.


Fran Smith, Town Clerk, explained that she did a survey of other municipalities and the vast majority had three year terms for selectmen or councilors with very few resignation issues. She also discussed some housekeeping Charter amendments that the Council may want to do.


(A copy of memos from Ms. Smith will be attached to the official minutes.)


Councilor Sartoris said she did not have a response from the School Board about whether they would be supportive of three year terms for School Board members. She did have a brief conversation with Superintendent of Schools Jim Ashe and he seemed to be supportive of the idea.


Chair Lowe suggested the School Board have a formal discussion on the terms change, but noted the decision is the Council’s.


Ms. Smith said, responding to Councilor Tucker’s question, even if the Council does not move forward with the three year terms change, they can put the housekeeping Charter amendments on the ballot for voters’ consideration.


The Council wanted the Town Clerk to draft the language and bring it back to them at their second meeting in August. If they agree with the changes, they can set a public hearing for September 6 and then put the Charter amendments on the ballot in November for the voters to decide.


  1. The Town Council will discuss the process regarding the sludge and sludge-derived product moratorium, and will take any appropriate action.


Councilor Sartoris said she has drafted an outline for a Peer Review of the Aquifer Protection Zone and Coastal Protection Zone as it relates to Class A biosolids compost. The drafted outline includes goals, staff, timetable, tasks and objectives. The goals include:


She would like the group to report back to the Council by November 15, 2005. She explained the tasks and objections of this Peer Review Committee.


(A copy of the draft Peer Review process will be attached to the official minutes.)


Councilor Sartoris said members of the Council will meet with both sides and come up with characteristics and create a list of those people who meet the criteria. She wants to have truly objective people, and the town may have to provide stipends to get qualified people to serve. The Council will make the final decision on membership.


Councilor Sartoris and Councilor Ansari volunteered to be the Council representatives to formalize the charge and to create a budget for the Peer Review Committee.


Councilor Rice said he would like to see an At-Large Councilor involved since it is a community-wide process. He added they may not be able to get the experts inside of Maine and expressed concerns about providing a stipend.


Councilor Tucker said it may be difficult to meet the November 15 deadline. This is a focus on the science and the charge should reflect that.


Councilor Sartoris said the review would be scientific by reviewing the materials from both sides that were used by the Council to make their decision. This does not include a review of organic compost.


Councilor Ansari said she would like both biosolids and organic products reviewed.


Councilor Sartoris said the Council needs information on both, but the petition was related to the safety of biosolids, so this review is responding to the moratorium.


Councilor King said she is concerned about the Coastal Protection Zone being included since this would make the review too broad and too time consuming.


Councilor Sartoris said this is a long standing issue since the Coastal Protection Zone does not comply with state law. This is a chance to get it resolved.


The Council consensus was that Councilor Ansari and Councilor Sartoris would refine the charge and bring it back to the Council for approval.


  1. The Town Council will discuss recommendations from the Planning Board regarding proposed zoning amendments intended to promote and stimulate the creation of affordable housing units, and will take any appropriate action.


Theo Holtwijk said the Planning Board’s recommended amendments to the Town’s Zoning Ordinance intended to stimulate the creation of affordable housing units in Brunswick. Some areas the proposal covers are:



(A copy of a memo from Mr. Holtwijk will be attached to the official minutes.)


Councilor Rice said he is happy with the proposals and the waiver of fees will be helpful. He would like to see the units remain affordable for more than 10 years.


Mr. Holtwijk said the 10 years is consistent with state programs. He added the density bonus is significant, and other communities do not have this incentive. The Brunswick Affordable Housing Coalition, the Housing Authority, Tedford Shelter, and realtors all looked at this issue and supported the proposal. John Hodge from the Housing Authority told the Planning Board that the high bonus will bring affordable housing to Brunswick. The town would be guaranteed affordability, which it does not have now.


Councilor Rice said the proposal as outlined will hopefully make a difference in Brunswick.


Councilor Sartoris said she would like to see more than 10 years with the high bonus density. Twenty years may be more appropriate.


Mr. Holtwijk asked for time to do more research. He is sensing the Council would like to have the bonus density tied with how long affordability is required. Responding to Councilor Desmarais’ question, he added that the bonus density does not apply to the rural areas. The definition of affordable housing includes that it should be on public water and sewer, which is not available outside the town’s growth area.


It was concluded that Mr. Holtwijk will go back to research and update the proposed language.


  1. The Town Council will present a BRAC update, and will take any appropriate action.


Chair Lowe reported that Councilor King, Manager Gerrish, and Assistant Manager Harrington went to the BRAC public hearing in Boston on July 6. The Governor and state’s legislative delegation also attended. The Governor made a wonderful speech about the value of the military facilities to Maine.


Councilor King added it was very informative and educational. Maine was the last state to present. She echoed how the Governor’s comments were powerful – particularly when he stated “this would put the state into a federally induced recession.”


Manager Gerrish said there is a BRAC commission meeting tomorrow and if they are going to add Brunswick to the closure list seven of the nine commissioners will have to vote to do so. The Department of Defense has said Brunswick is a very important strategic location for them.


Town Council Adjourns for Executive Session:

Acquisition of Property

Legal Matter

Union Negotiations


Councilor Rice moved, Councilor Watson 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 nine (9) yeas.


The regular portion of the meeting adjourned at 10:13 p.m. and the Council went into executive session.


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




Frances M. Smith

Town Clerk

July 22, 2005



August 15, 2005

_________________________

Date of Approval



__________________________________


Council Chair