-- Approved --
BRUNSWICK TOWN COUNCIL MINUTES
September 6, 2005
6:15 p.m.
Municipal Meeting Facility
Note: Earlier Starting Time
6:15 p.m. Chair Lowe called the meeting to order.
Councilors Present: Chair Forrest Lowe, W. David Watson, Jacqueline A. Sartoris, Robert A. Galloupe, Louise V. Ansari, Barbara A. Desmarais, and Joanne T. King.
Councilors Absent: Douglas A. Rice.
Town Staff Present: Donald Gerrish, Town Manager; Fran Smith, Town Clerk; Clark Labbe, Fire Chief; Donald Goulet, Police Commander; John Eldridge, Finance Director; Mary Reindl, Human Services Director; and the TV video crew.
Executive Session : Acquisition of Property
Poverty Tax Abatements
Union Negotiations
Chair Lowe moved, Councilor Desmarais seconded, to go into executive session, under 1 M.R.S.A. Section 405 (6)(C), to discuss the acquisition of property, 1 M.R.S.A. Section 405 (6)(D) to discuss union negotiations, and 1 M.R.S.A. Section 405 (6)(F) to discuss a poverty tax abatement. The motion carried with seven (7) yeas.
MEETING CONTINUED AT 7:10 p.m.
Chair Lowe asked for the Pledge of Allegiance.
Hearing no objections, Chair Lowe declared the minutes of August 15, 2005, and August 22, 2005, accepted as written.
Public Comment:
Pem Schaeffer, Crestview Lane, said the facilities’ planning needs to be re-evaluated, and there should be no huge projects done any time soon. As far as the Times Record building renovations, the town doing nothing is always an option. He said the municipal office departments have enough space except for the Police and Town Clerk’s department.
With the recent BRAC decision, there will be a decline in the population, and the Council should take some steps, including removing the town’s application for school funding, and make do with what it has. He suggested doing the minimum work necessary for the Police to move into the Times Record building and stop planning for a municipal office facility.
Carol O’Donnell, 305 Maine Street, said she is speaking on behalf of the group looking at the reuse of the old high school. They are expanding the group and inviting more diverse members so they may get their opinions. She listed the current members. The group is committing tonight that within ninety days they will provide the Council with a list of alternate uses for the school and ways to involve the public in the process. It is their hope that their data will be helpful to both the Council and the public. The group will continue to put their own money into finding alternate uses for the building. They are also committing to provide reports to the Council.
Claudia Knox, 36 Cumberland Street, quoted the SMRT report which discussed the need to include the public in the decision for the use of the old high school. This input should be solicited well in advance of any demolition decision. The question to ask is what uses can the building be utilized for and at what cost. SMRT wrote, regarding the 1937 building, once the necessary funds are spent to renovate it, the town will have a facility that will last one hundred years and that cannot be matched in price. The potential for the old high school property is too great to be left to just the Council’s imagination. She recommended having a nonbinding referendum question(s) in November and to have a process similar to what was used for the Maine Street Station plan development. She urged the Council to sponsor a process as soon as possible.
Correspondence:
Councilor Sartoris talked about a project where returnable bottle proceeds will be donated to assist those affected by the recent hurricane. She listed the participating redemption centers and said some are paying six cents per can. One hundred percent of the proceeds are going to the Red Cross.
Manager’s Report:
a) Naval Air Station - The Blue Angels Air Show
Donald Goulet, Police Commander, gave this update on the air show plans and security surrounding it. Based on past numbers, they are expecting about 100,000 people with over 30,000 vehicles, each day. There may be protestors on both sides of the war issue.
b) Base Closure Update
Manager Gerrish said there was an excellent meeting held with the Office of Economic Adjustment and the Navy on the process that lies ahead surrounding the base’s closure. He will keep citizens informed.
c) Maine Street Rail Crossing Update
Chair Lowe said a year ago the Department of Transportation presented the Council with a plan to fix this crossing. The town felt the structure was overwhelming and asked the state to look at it again. MDOT has come back with a proposal that includes less hardware and better looking equipment. It is a big improvement over what was proposed the first time. The state will come back in the next few months with a schematic of the plan. Included in this are both the Maine Street and Park Row crossings, with a budget of about $500,000.
d) Jordan Avenue Update
Manager Gerrish said the Sewer District is going to be doing major improvements to the main line on Jordan Avenue. This is going to cause some disruption there since a deep trench has to be put in. They are trying to make the impact on traffic as minimal as possible. As far as Jordan Avenue’s reconstruction, the engineering work is currently being done, and the town will have a final design and cost in a couple of months. At that point the Council can make a decision on funding.
e) Train Noise re Maine Eastern and Guilford
Manager Gerrish discussed train noise in a couple of locations in town, including Cedar Street and Jordan Avenue. Maine Eastern Railroad has had their engines running all night when parked at Cedar Street. The town has been working with them, and it has been decided to run three-way power there so the generators do not have to run. The cost will be divided among the town (a fourth), the state (a half) and the railroad (a fourth). Periodically there has been a train running for twelve hours at a time on Jordan Avenue. Manager Gerrish has had a conversation with the federal government, which regulates this noise, and with Guilford in hopes of getting the noise issue resolved.
Manager Gerrish said, responding to Councilor King’s question about the train’s cargo, when the train is stopped there, the Fire Department has checked it out to ensure there is no public danger. Chief Labbe added that their tests have indicated that the cargo is benign. He said there should only be a few more loads coming from Maine Yankee.
Councilor Ansari asked to have other issues such as the fumes, sparks from the exhaust, and windows being open on engines, addressed regarding the train stopped by Jordan Avenue.
f) Council Committee Updates
Manager Gerrish reminded the Council about their two meetings next Monday, one with the Cumberland County representatives and a Council workshop on Smart Growth.
Councilor Sartoris explained the Teen Center Board is doing a fund raiser that will be assisted by United Ways fund and she encouraged people to make donations by September 12, 2005, for this campaign.
g) Financial Update
Manager Gerrish said the town is two months into the budget year. On the revenue side, excise tax is where the town expected it to be, and state revenue sharing is ahead of where the town projected it would be. The rest of the revenues are where they should be. On the expenditure side, gas prices will have to be reviewed because of the increasing cost. The town got a fixed price on heating oil, but was unable to get it on gasoline. This is an area he is concerned about where the town is going to be at the end of the year.
Councilor King asked that departments look at ways to cut fuel use. She said the school buses are picking up in less places to conserve fuel, but there have been concerns with students in larger groups being close to or in the road.
Adjustments to Agenda: None.
The Town Council will hear public comments on the following requests for Food Service License applications, and will take any appropriate action.
Food Service Establishment with Malt and Vinous:
Jennifer Banis
d/b/a 111 Maine
111 Maine Street Ms. Jennifer Banis
Food Service Establishment with No Alcohol/Sit-Down:
The Knitting Experience
d/b/a The Knitting Experience
14 Middle Street Ms. Chesley Flotten
Chair Lowe opened the public hearing; hearing no comments, he closed the public hearing.
Jennifer Banis, owner of 111 Maine, talked about her new restaurant and said it will be a market style bistro, providing dinners to go and having five to six tables for sit down customers.
Councilor Desmarais moved, Councilor King seconded, to approve the applications for food service licenses for 111 Maine and The Knitting Experience. The motion carried with seven (7) yeas.
(A copy of the public hearing notice will be attached to the official minutes.)
The Town Council will hear public comments on proposed amendments to the Town Charter regarding changing terms of office for Town Councilors and School Board members, and will take any appropriate action.
Councilor Sartoris and Fran Smith, Town Clerk, explained the proposal of having Councilors’ and School Board members’ terms change to three years instead of two. This will take a few years to implement. The majority of other communities surveyed have three-year terms and no problems with resignations. Councilor Sartoris added there is a learning curve to being a Councilor and the longer terms may make Councilors more productive overall.
Chair Lowe opened the public hearing; hearing no comments, he closed the public hearing.
Councilor Desmarais expressed concerns about going the three-year terms. Before expanding the term length, she felt it would be better to offer training to better prepare new members for their new roles. She does not feel comfortable supporting this proposal at this time.
Councilor King said she has concerns that the longer time commitment will hurt the number of those wanting to run for office. She also supported better training. Both state senators and legislators have two-year terms, and she supports keeping the Council and School Board at that.
Councilor Ansari said, thinking in terms of herself and when she thought of running for Council, she is not sure she would have run if the term was three years. Three years is a long commitment, whereas two years is doable.
Chair Lowe said he respects the concerns of Councilors who have spoken, but he is more concerned with the impact on the Council to do business if there are four or five new Councilors at any given time. (Under the proposal there will only be three Councilors up in an election year, unlike now when it is either four or five.) It takes awhile to be able to give meaningful input into the process. The Town Clerk’s research showed that about 90 percent of the towns have three-year terms and they must work there. The benefits are strong for the longer terms, and he will support the proposal moving to the voters.
Councilor Galloupe and Councilor Watson each said they could go either way on this proposal, but felt it should be put out to the voters to decide.
Councilor Sartoris said at first she was not wedded to the three-year terms, but after seeing the research, she is more supportive of it. This is a really complex job and it takes a few years to understand the process. In her third year, she finally thought she could be productive. Brunswick would be well served by the three-year terms. She wanted to let the voters make the final decision.
Councilor Sartoris moved, Councilor Galloupe seconded, to approve the Order containing the final draft of the Charter amendments for changing terms of office for Town Councilors and School Board members to three years, to be placed on the November 8, 2005 Municipal Election ballot, and to file the report and the Town Attorney’s opinion with the Town Clerk. The motion carried with four (4) yeas. Councilors Ansari, King, and Desmarais were opposed.
(A copy of the approved Council Order will be attached to the official minutes.)
The Town Council will hear public comments on proposed amendments to the Town Charter regarding municipal budget, and will take any appropriate action.
John Eldridge, Finance Director, explained this proposal which simply allows the town to amend the budget within the fiscal year. Currently, the town can only transfer funds the last three months of the fiscal year. There would have to be a public hearing prior to any change. The proposal gives the town better management of the budget. If there is an increase in the budget, there needs to be revenue to cover it.
Manager Gerrish gave an example of how it would work. If there is a savings in an account, like insurance, but fuel is going to be more, the town would like to amend the budget to move the savings from one line to the line that needs it. Currently, the town cannot make any official changes to lines until the last three months.
Chair Lowe opened the public hearing; hearing no comments, he closed the public hearing.
Councilor King moved, Councilor Desmarais seconded, to approve the Order containing the final draft of the Charter amendments relative to a process to amend the municipal budget, to be placed on the November 8, 2005 Municipal Election ballot, and to file the report and the Town Attorney’s opinion with the Town Clerk. The motion carried with seven (7) yeas.
(A copy of the approved Council Order will be attached to the official minutes.)
The Town Council will hear public comments on proposed amendments to the Town Charter regarding capital improvements and acquisitions, and will take any appropriate action.
John Eldridge explained this proposal which increases the threshold for projects and acquisitions to a million dollars before an ordinance is necessary. There was an error in the public notice which included “financed by bonds” and this should be removed from the order since anything financed by a bond or note requires an ordinance. The projects here are paid by non-bond funds, like the operating budget. He wanted the Town Attorney to approve that it is okay to move forward on this proposal even though there was an error in the notice.
Chair Lowe opened the public hearing; hearing no comments, he closed the public hearing.
Councilor Desmarais moved, to approve the Order containing the final draft of the Charter amendment relative to increasing the dollar amount for capital improvements and acquisitions before an ordinance is required, to be placed on the November 8, 2005 Municipal Election ballot, and to file the report and the Town Attorney’s opinion with the Town Clerk, with the stipulation that the Town Attorney approve the notice and order. The motion carried with seven (7) yeas.
(A copy of the approved Council Order will be attached to the official minutes.)
The Town Council will hear public comments on proposed amendments to the Town Charter regarding polling locations, and will take any appropriate action.
Ms. Smith explained this proposal which would allow the Council to either consolidate or change polling places for a special municipal election after a public hearing is held at least thirty days prior to the election. She is presenting this as an option in case there is a budgetary issue or polling location unavailability for a special election. This would give the Council the option to consolidate or change, not make it mandatory. It can only be for special elections, since the regular municipal election is at the same time as a state election so the town must follow state polling laws.
Chair Lowe opened the public hearing; hearing no comments, he closed the public hearing.
Councilor Ansari said she is not comfortable with this proposal since it restricts voters’ access. It would be confusing for the voters.
Councilor Galloupe said that this would allow each Council to make a decision on a case by case situation, and they should have the option.
Councilor Desmarais supports this opportunity.
Councilor Watson said he is on the fence with it since he is concerned with voter access, yet there may be a need to be more frugal and each Council has to make this decision.
Councilor Ansari said it is every person’s right to vote and access to voting should not come down to money.
Chair Lowe said the town does not want to discourage voting, yet there may be cases like an uncontested At Large race when it would make sense to consolidate polling places.
Ms. Smith said her office is very interested in voter access, but this proposal presents an option if there is a need to consolidate or if a polling place is not available, to change it. In addition to Election Day voting, the Clerk’s staff provides on site absentee voting at congregate care facilities prior to each Election, and absentee voting is available to any voter for any Election.
Councilor Desmarais moved, Councilor Watson seconded, to approve the Order containing the final draft of the Charter amendment relative to consolidating or changing polling locations for a special municipal election, to be placed on the November 8, 2005 Municipal Election ballot, and to file the report and the Town Attorney’s opinion with the Town Clerk. The motion carried with six (6) yeas Councilor Ansari was opposed.
(A copy of the approved Council Order will be attached to the official minutes.)
155. The Town Council will hear public comments on proposed amendments to the Town Charter regarding clarifying Charter language, and will take any appropriate action.
Ms. Smith explained all the housekeeping and clarification items that are being proposed. She added that the process for charter amendments is that the Council puts them out to vote and the citizens make the final decision on if they are approved or not.
Chair Lowe opened the public hearing; hearing no comments, he closed the public hearing.
Councilor Sartoris moved, Councilor Ansari seconded, to approve the Order containing the final draft of the Charter amendments relative to housekeeping type changes and clarifications, to be placed on the November 8, 2005 Municipal Election ballot, and to file the report and the Town Attorney’s opinion with the Town Clerk. The motion carried with seven (7) yeas.
(A copy of approved Council order will be attached to the official minutes.)
The Town Council will discuss the Brunswick Aquifer Protection Zone and Coastal Protection Zone Residuals Peer Review Committee, and will take any appropriate action.
Councilor Sartoris summarized the process up to this time. Councilor Ansari, Steve Walker and she have reviewed the applicants’ resumes. The three of them need to meet to make final decisions on who will make up the Peer Review Committee. She will bring back at the next Council meeting the list of people on the committee and a schedule of meetings. The appointment of committee members will not require the Council’s approval, based on the committee’s charge the Council approved.
The Town Council will consider setting a Public Hearing regarding a bond ordinance for replacing the Fire Department’s 1977 ladder truck, and will take any appropriate action.
Mr. Eldridge explained the proposed ordinance. It will be next spring before the fire truck is delivered and the first payment will be in the 2006-2007 fiscal year. The Council needs to set a public hearing on this ordinance.
Chair Lowe said the ladder truck was in the CIP for 2006-2007.
Chief Labbe said the truck is expected to last at least twenty-five years.
Councilor Watson moved, Councilor Sartoris seconded, to set a public hearing for September 19, 2005, on a proposed bond ordinance to purchase a new ladder truck. The motion carried with seven (7) yeas.
(A copy of the deeds will be attached to the official minutes.)
The Town Council will consider conveying Town tax-acquired properties, and will take any appropriate action.
Mr. Eldridge said the two parties in question have paid their back taxes and these quit-claim deeds will give them back their property.
Councilor Watson moved, Councilor Desmarais seconded, to convey tax acquired properties and release tax liens by Municipal Quitclaim deeds. The motion carried with seven (7) yeas.
The Town Council will consider property tax abatements, and will take any appropriate action.
Mr. Eldridge explained the two types of abatements. One is for mobile homes the town does not want to own due to lack of tax payment and the other is a recommendation of the Assessor due to an error in personal property taxes.
(A copy of Mr. Eldridge’s and Ms. Donovan’s memos will be attached to the official minutes.)
Councilor Sartoris moved, Councilor Desmarais seconded, to approve the four real estate tax abatements as recommended by the Finance Department. The motion carried with seven (7) yeas.
Councilor Sartoris moved, Councilor Galloupe seconded, to approve the personal property tax abatement for Calvin Wilson Et Al in the amount of $17.00 as recommended by the Assessor.
The Town Council will consider poverty tax abatements, and will take any appropriate action.
Chair Lowe moved, Councilor Desmarais seconded, to deny poverty tax abatement number 1. The motion carried with seven (7) yeas.
Chair Lowe moved, Councilor Sartoris seconded, to deny poverty tax abatement number 2. The motion carried with seven (7) yeas.
Manager Gerrish said the tax commitment is done and thanked the Assessing Department and John Eldridge for their work. The tax rate will be $21.90 per $1,000 of valuation - the same as last year.
The meeting adjourned at 9:10 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
September 9, 2005
September 19, 2005
_________________________
Date of Approval
__________________________________
Council Chair