-- APPROVED --
BRUNSWICK TOWN COUNCIL MINUTES
October 3, 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, Robert A. Galloupe, Douglas A. Rice, Louise V. Ansari, Barbara A. Desmarais, and Joanne T. King.
Councilors Absent: Councilor Jacqueline A. Sartoris.
Town Staff Present: Patricia Harrington, Assistant Town Manager; Fran Smith, Town Clerk; Mathew Eddy, Economic Development Director; Theo Holtwijk, Director of Planning and Development; Steve Walker, Natural Resources Planner; and the TV video crew.
Minutes of Previous Meetings: September 19, 2005
Hearing no objection from the Council, Chair Lowe declared the minutes of September 19, 2005, approved as written.
Public Comment: None
Correspondence: None
The Council took Item 177 before the Manager’s Report.
Manager’s Report:
(a) Reschedule next Regular Town Council Meeting from 10/17 to 10/24
Pat Harrington, Assistant Town Manager, said since members of the Council will be attending the National Association of Installation Developers’ Community-to-Community Forum in Boston on October 17 - 18, 2005, she suggested changing the date of the Council meeting to October 24, 2005.
Chair Lowe moved, Councilor Watson seconded, to reschedule the October 17, 2005 Town Council Meeting to October 24 2005. The motion carried with seven (7) yeas.
(b) Schedule Workshop for Times Record Building/Municipal Facilities Proposals
Chair Lowe said one of his goals as Chair was addressing the town’s facilities needs. There are two facilities to address at this time – the Times Record building and the old high school. He is hopeful that this Council would be willing to tackle one of them. He said the focus should be on the Times Record building for the Police and Council Chambers. Citizens want the Council to make a decision, but not to spend too much money on it. He asked the Times Record Subcommittee to take a look at that project and see what can be done for the CIP amount of $3.5 million. He would like to see an advisory referendum in November. If the building use can be resolved, the Council could then tackle the old high school issue with help from public input.
Both Councilors Ansari and Galloupe said the subcommittee could bring some numbers to the Council.
The Council scheduled a workshop for October 19, 2005, to discuss the financial element of the project, with further discussion to be done at the regular meeting on October 24, 2005.
(c) Reschedule Workshop for Recycling
This item was rescheduled until the next Council meeting.
(d) Base Closure Update
Pat Harrington, Assistant Town Manager, gave this update as described in her memo. She explained the Local Redevelopment Authority and the development of a new town department to address the redevelopment after the base closure.
(A copy of Ms. Harrington’s memo dated October 3, 2005, will be attached to the official minutes.)
(e) Train Noise Update
Ms. Harrington briefly explained where the train noise issue on Jordan Avenue stands.
(A copy of an e-mail on this subject will be attached to the official minutes.)
Councilor Rice said he would like information on the “whistle blowing” rules.
(f) Bicycle Friendly Community Award
Theo Holtwijk, Director of Planning and Development, said Brunswick has been once again designated by the League of American Bicyclists to be a Bicycle Friendly Community at the Bronze level.
(A copy of the e-mail explaining this award will be attached to the official minutes.)
(g) Policies for Political Campaign Signs
Fran Smith, Town Clerk, explained the town and state rules regulating the placing of and removal of political signs.
(h) Council Committee Updates
Councilor Desmarais said the Maine Street Station Committee is moving forward and will be getting back to residents in the future. She also said there is a new program called “Good Morning Brunswick and Harpswell” which will be promoting daily reassurance with phone calls into the program. More information is available through the Police Department.
(A copy of the program’s brochure will be attached to the official minutes.)
Councilor Rice said Mark Snow has resigned from the Mere Point Boat Launch Advisory Committee. He is the Island Community representative and there should be another person appointed to this position. He also gave an update on the fire substation.
(i) Financial Update
This item was rescheduled until the next Council meeting.
Adjustments to the Agenda:
Item 177 was done prior to the Manager’s Report and other agenda items.
The Town Council will hear public comments on the following Food Service License Applications, and will take any appropriate action.
Food Service Establishment with Malt, Vinous & Spirituous Liquor
Dunbarton, Inc.
d/b/a Castaways Mrs. Joanne Gillies, President
103 Pleasant Street
Food Service Establishment with Mobile Carts, Take-out, Catering
206 Maine St. Station
d/b/a 206 Maine St. Station Ms. Erika Despres
Chair Lowe opened the public hearing; hearing no comments, he closed the public hearing.
Councilor Desmarais moved, Councilor King seconded, to approve the requests for food establishment licenses from Castaways and 206 Maine St. Station. 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 the following Alcoholic Beverage License Application, and will take any appropriate action.
Full-Time Spiritous, Vinous & Malt
Dunbarton, Inc.
d/b/a Castaways Mrs. Joanne Gillies, President
103 Pleasant Street
Chair Lowe opened the public hearing; hearing no comments, he closed the public hearing.
Chair Lowe moved, Councilor King seconded, to approve the request for an alcohol beverage license from Castaways. 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 the following application for a new license for a junkyard, automobile recycling, and automobile graveyard, and will take any appropriate action.
Edward Mackness & Paula Letourneau
d/b/a Brunswick Auto Recycling, LLC Mr. Mackness & Mrs. Letourneau
117 Bath Road
Chair Lowe opened the public hearing; hearing no comments, he closed the public hearing.
Councilor Rice moved, Councilor Ansari seconded, to approve the request for a license for a junkyard, automobile recycling and automobile graveyard from Edward Mackness & Paula Letourneau (d/b/a Brunswick Auto Recycling, LLC). 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 regarding the award of a CDBG Community Planning Grant for $10,000 from the Maine Office of Community Development, and take any appropriate action.
Alex Mann, Economic Development Office, spoke on behalf of the grant and how it is to be used to study the cultural resources in the Midcoast region. Tammy Knight was assigned to manage the grant.
Chair Lowe opened the public hearing.
Janet Brand, Bungunac Road, said some of the grant money should be used to create a town charter booklet, with copies available to citizens.
Chair Lowe closed the public hearing.
Councilor Desmarais moved, Councilor King seconded, to accept and expend a $10,000 planning grant from the CDBG/Maine Office of Community Development to fund Midcoast Reach’s efforts to plan and build a creative economy network for the region. The motion carried with seven (7) yeas.
The Town Council will hear public comments on proposed amendments to the Town Charter that the Town Council placed on the November 8, 2005 ballot, and will take any appropriate action.
Ms. Smith explained this item is the public hearing required under the referendum process. The Council already held their public hearing under the charter amendment process. She asked that the Council vote to approve the revised order relative to the capital improvement amendment to reflect the clarification to the language.
Chair Lowe opened the public hearing; hearing no comments, he closed the public hearing.
Chair Lowe moved, Councilor King seconded, to approve the Revised 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. The motion carried with seven (7) yeas.
(A copy of the revised order will be attached to the official minutes.)
The Town Council will hear public comments on proposed amendments to the Shellfish Ordinance to create a conservation time requirement, and will take any appropriate action.
Steve Walker, Natural Resources Planner, discussed the proposed amendments which require harvesters to do conservation time.
Chair Lowe opened the public hearing.
James MacLeod, 149 Jordan Avenue, spoke against the proposed change since a harvester should not be forced to do labor.
John Lemont, Vice Chair of Marine Resource Committee, said the idea of conservation time has been debated for a long time. The time spent doing it will assist all harvesters in the long run and it should be mandatory.
Chair Lowe closed the public hearing.
Councilor King moved, Councilor Watson seconded, to remove the requirement for conservation time for those 65 years old or older. The motion failed with two (2) yeas. Councilors Galloupe, Lowe, Rice, Ansari, and Desmarais were opposed.
Chair Lowe moved, Councilor Watson seconded, to adopt the proposed amendment to Section 11-133 of the Marine Activities, Structures and Ways Ordinance relative to a conservation time requirement. The motion carried with six (6) yeas. Councilor King was opposed.
(A copy of the public hearing notice and adopted language will be attached to the official minutes.)
The Town Council will hear public comments on proposed amendments to the Shellfish Ordinance to allow for an applicant to designate another person to obtain the applicant’s commercial license at the Town Clerk’s office, and will take any appropriate action.
Ms. Smith explained this change would allow for harvesters to designate another person to pick up their license. This allows them the freedom of not being in town for the ten day period they have to purchase their license.
Chair Lowe opened the public hearing.
John Lemont said this change allows a person to go on vacation at a digging downtime.
Chair Lowe closed the public hearing.
Councilor Desmarais moved, Councilor Watson seconded, to adopt the proposed amendment to Section 11-140(b)(3) of the Marine Activities, Structures and Ways Ordinance relative to allowing an applicant to designate a person to obtain the applicant’s license. The motion carried with seven (7) yeas.
(A copy of the public hearing notice and adopted language will be attached to the official minutes.)
The Town Council will hear public comments on proposed amendments to the Shellfish Ordinance on an emergency and regular basis to allow for Sunday harvesting year round, and will take any appropriate action.
Mr. Walker said the Marine Resource Committee requested this item to be placed on the agenda. It will allow Sunday harvesting of clams all year round. The total number of harvesting days does not increase since there are more days taken out for rain and other closures.
Chair Lowe opened the public hearing.
James MacLeod said he helped to create the formula for determining the number of clam licenses. Closing Sundays, except for summer months, was done as a conservation measure, and if this is removed, this will allow fewer licenses. He added it would be nice to have one day a week for coastal residents to have “peace.”
John Lemont said, years ago, he was part of the vote to approve the no Sunday change. Over time the clam populations have increased and changes have been made. At this point, no Sunday harvesting should be history. This summer the diggers lost eight weeks of harvesting due to red tide and weather.
The following citizens spoke against the use of air boats on Sunday, but were not opposed to the Sunday harvesting:
Susan Jowett, New Meadows area
Bruce Myer, 521 Gurnet Road
Suzan Wilson, Bungunac Landing
Ed Stern, Princes Point Road
Chair Lowe closed the public hearing.
Mr. Walker said, in the past, the Marine Resource Committee held a meeting with air boat users to create voluntary agreements on the times and how the boats should be used.
John Lemont added there are also airboats from other communities in this area.
Councilor Rice asked about the Sunday restriction on lobster fishermen.
Mr. Lemont said, from July 1 to the end of August there are no Sundays for lobster harvesting, which is done for conservation purposes.
Chair Lowe said as far as adding Sunday harvesting year round, there is no loss or gain in harvesting days. The air boat concern is a harbor ordinance issue.
Mr. Walker said, responding to Councilor Watson’s question on how the state views restriction of the air boat use, the Town Attorney felt there could be some restrictions placed in the ordinance.
Mr. Lemont added the town could restrict the air boat use at town-owned landings on Sundays. He felt that commercial fishing was exempt from a noise ordinance.
Chair Lowe moved, Councilor King seconded, to table this item and to look at air boat use at the same time. 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 discuss proposed amendments to the Town’s Zoning Ordinance regarding the Rural Brunswick Smart Growth Report, and will take any appropriate action.
This item was done prior to the Manager’s Report and other action items.
Chair Lowe said that Councilor Sartoris was not present and the vote on this issue should be moved to a later date. He apologized to the members of the public present for this change.
Councilor King said she was opposed to not voting tonight. There has been much discussion and citizens are concerned so no vote would not be fair to the public. The outcome of the vote will not be different if voted tonight or when Councilor Sartoris is present.
Councilor Ansari, Councilor Watson and Councilor Rice supported Councilor King’s position that the Council should vote tonight.
Councilor Galloupe and Councilor Desmarais supported Chair Lowe in wishing to wait.
Chair Lowe moved, Councilor Galloupe seconded, to table until all eight Councilors are present. The motion failed with three (3) yeas. Councilor Watson, Councilor Rice, Councilor Ansari, and Councilor King were opposed.
Theo Holtwijk gave a brief update on this item. He discussed proposed changes since the last meeting:
A new exemption for lot splits on public roads was created.
Clarifications were included in the chart on how required mitigation is to be calculated.
An addition was made to assist developers in identifying other parcels that may suit habitat protection needs.
Responding to Councilor King’s question, Mr. Holtwijk said they did not evaluate if density bonuses should be less than 50%, although the Planning Board felt it was fine as proposed. He does not have a strong position if it should be changed to another number like 25% or 30%.
Mr. Walker said he has had numerous conversations with landowners, and to date, there has been no one that could not develop under this plan. Bill Morrell from Downeast Energy said maybe the density bonus could be higher to “sweeten the pot.” No one has provided an alternate percentage. Responding to Councilor Desmarais’ question, Mr. Walker said no one has come forward to have their name placed on the voluntary list yet. Mr. Holtwijk added his department has not formally acted on the idea of a voluntary list since the ordinance has not been passed.
Councilor Desmarais said she is not sure if changing the bonus percentage will change people’s minds on this issue since they see it as an infringement upon their landowner rights.
Mr. Walker said, responding to Councilor Ansari’s question, this ordinance does not change plumbing or other codes, but it does allow for more flexibility.
Councilor Rice asked about the open space development versus the proposed one.
Mr. Walker said under open space development, one is setting aside more up front; the proposed ordinance does not require the upfront set aside, and does allow for the flexibility found under the open space process.
Mr. Walker said responding to Councilor Watson’s questions, it would not cost more for landowners to develop. He has concerns if it were to be enacted on a voluntary basis since what is currently being done under Open Space Development does not address maintaining contiguous blocks. He added the ordinance does not force a developer to cluster homes.
Mr. Holtwijk said if the ordinance were to pass there are two zones in this area – one is for open space and the other is for the habitat overlay corridor.
Mr. Holtwijk said, responding to Councilor Rice’s question, one in three developments in the rural area has done an Open Space Development.
Chair Lowe asked for public comments.
Liz Pierson, member of the Brunswick-Topsham Land Trust Board of Directors, read a letter in support of the proposed ordinance.
(A copy of the Brunswick-Topsham Land Trust’s letter will be attached to the official minutes.)
Carolyn Tufts, 981 River Road, felt the bonus density should be more than the proposed 50%. She feels this ordinance is moving toward cluster development.
Ann Weed, River Road, said she would like to see this voluntary and does not want to have cluster housing, which she believes the ordinance will do.
Janet Brand, 318 Bunganuc Road, said the direction the town is moving can cause dangers, like an increase in the number of coyotes and animal diseases.
Suzan Wilson, Bunganuc Road, said for a small community, Brunswick’s planners have an urban mentality. Habitats belong to owners - not the town. For the rural landowners, their land is their retirement. She does not support the proposed ordinance.
James Beckwin, 117 Hacker Road, said the proposed ordinance takes away his ability to do with his land as he sees fit. He asked the Council to vote against the proposed ordinance.
Penny Mains, 105 Weed Way, said she did not know if the proposed ordinance will work in this area. She did not support it.
Catherine Johnson, 275 Durham Road, said she did not support the proposed ordinance.
Tom Henze said from a tax payer’s perspective, if there is a lot of development outside of the growth area, there will be an increase in the town’s expenses, like road maintenance.
Steve Prescott, 102 Echo Road, spoke in support of the proposed ordinance. There is a limited opportunity to guide further development. Smart Growth will assist with the creation of good development. No management is bad management. Healthy ecosystems create a healthy society. He urged the Council to make this wise decision.
John Lemont, 21 Maple Street, said this proposal is putting restrictions on large land owners – land that has often been in their family for generations. These owners have done their share to preserve habitats by preserving their land.
Todd Buchheit, 105 Collinsbrook Road, said before the town takes away rights, they need to have proof there is a danger of the town losing habitats. Forcing landowners to give up rights is not correct. Anything should be by choice. He asked to have the ordinance go back to the Planning Board so they can draft language to oversee development in habitat areas while keeping land owners’ rights.
Doug Cameron, Cameron Lane, spoke against the proposed ordinance. It limits the ability to expand onto larger lots.
Chair Lowe closed the floor to public comments.
Councilor King said she supports rural smart growth as a voluntary measure. As proposed, it is too broad, its interpretation is subjective, and landowners are at the mercy of the Planning Department staff. It could lead to legal issues since it is not clear enough for landowners. It needs to be very specific and must be absolutely clear.
Councilor Ansari said she has been giving this a lot of thought. She grew up in Aroostook County where people owned land. She saw abuses of land mostly by corporations. There will always be those who will abuse their land. The majority are very good caretakers of their land since it is an investment in their families’ future. The majority of those in favor of the proposed ordinance do not live in the overlay district so its enactment does not affect them personally. The ordinance needs to be streamlined, and there could be too many problems in the future with promises that could not be kept. She would like to have more incentives and no penalties. It is not right to put more restrictions on a few. She supports it as a voluntary measure.
Councilor Desmarais said both sides seem to have the same goal of being good stewards of land. A voluntary system will not work. Wildlife is important for all residents’ health. She does not know any other way to do this, and the owner can still develop.
Councilor Rice said he would support this as a voluntary measure. Staff has done a great job. He puts a lot of faith in landowners. The bonus density percent should be lowered to be a “carrot” to developers.
Councilor Galloupe said owners can still use regular development and under the ordinance he does not see where anyone is being harmed. There is a lot of benefit with more lots to sell, plus there is flexibility with it.
Councilor Watson agreed with Councilor Rice, Councilor Ansari, and Councilor King. The proposed ordinance’s principles are sound. The Maine and United States Constitutions discuss property rights of citizens and the Council cannot violate them. He will support it on a voluntary basis and to work towards a more sound solution. If the town moves forward, they need to do so with the documents of the Founding Fathers in mind.
Chair Lowe said the town is at a crossroad. The rural character of Brunswick is something residents want to pursue, and wildlife is part of it. This is a very emotional issue, but his feeling is that the Council needs to tackle it in some way. Many rural landowners are good stewards. If the town does not have a sensible land approach, much of what the residents’ value will go away. Once there are fragmented blocks, the town cannot go back. There is still misinformation on the details. This is a very fair and evenhanded approach to zoning. The voluntary approach sounds great, but it means just that and it will not work in this land use situation. He supports the ordinance as it stands and is very disappointed that the vote is being done tonight since it would have been a divided vote, which has a different meaning.
Chair Lowe moved, Councilor Desmarais seconded, to adopt the Rural Brunswick Smart Growth Ordinance amendments. The motion failed with three (3) yeas. Councilor Watson, Councilor Rice, Councilor Ansari, and Councilor King were opposed.
Councilor Rice and Councilor Watson were interested in pursuing this on a voluntary basis.
Mr. Holtwijk said with this vote, the Council is voting down the second chapter on open space development improvements. He would like to have the Council consider that chapter.
The second chapter will be brought back to the Council in the future.
The Town Council will discuss the possibility of having a nonbinding referendum questionnaire at the November polls regarding the future of the former high school at 44 McKeen Street, and will take any appropriate action.
Councilor Rice said he was interested in seeing what residents would like to do with the old high school. Does the public want to salvage it - recognizing there is a price that goes with that? If yes, the second question would be for what uses. It would be a nonbinding way to get public input. Responding to Councilor Desmarais’ question, Councilor Rice said there is financial information available in the SMRT report and other sources. There should be basic numbers and possible uses available.
Councilor Galloupe said as a subcommittee, they have not worked on the numbers to keep the building.
Councilor Ansari said absentee ballots have already begun to be issued.
Councilor King said she is concerned about the timing since she wants as much information as possible before questions are put out to the public.
Carol O’Donnell, Maine Street, said it is important for people to be involved. The best approach would be the one used in the Maine Street Station evaluation.
Margo Knight, 22 Page Street, said this issue is so complex there needs to be time to give as much information as possible.
Councilor Rice said it appears there is not going to be meaningful numbers by November to have questions for the voters, but he would like to have a workshop to give the next Council something more to go on.
Chair Lowe said there is a lot on the Council’s plate and the old high school is just one of the facility issues. There could be a general discussion at a workshop.
Councilor King moved, Councilor Rice seconded, to have a workshop in late November or early December to discuss the old high school. The motion carried with six (6) yeas. Chair Lowe was opposed.
The Town Council will consider accepting proposed conveyances of parcels from the MacMillan Subdivision, Section V, and will take any appropriate action.
Councilor Rice moved, Councilor Desmarais seconded, to authorize the Town Manager to accept the proposed conveyance of three open space parcels from MacMillan Company to the Town of Brunswick to afford trail connections between the proposed public streets and adjoining town-owned properties that are part of the College-to-the-Ocean Trail Corridor by Warranty Deed. The motion carried with seven (7) yeas.
The Town Council will consider acceptance of Deerfield Drive, and will take any appropriate action.
Councilor Watson moved, Councilor Rice seconded, to accept Deerfield Drive by Warranty Deed from J & A Construction Company, Inc. The motion carried with seven (7) yeas.
(A copy of the Warranty Deed will be attached to the official minutes.)
The Town Council will consider setting the hours for voter registration for the November 8, 2005 Municipal and Referendum Election, and will take any appropriate action.
Councilor Desmarais moved, Councilor Watson seconded, to set the hours for voter registration for the November 8, 2005 General Election as outlined in the attached memo from the Registrar of Voters dated September 26, 2005. The motion carried with seven (7) yeas.
(A copy of the Registrar’s memo will be attached to the official minutes.)
The Town Council will consider appointments of Wardens and Deputy Wardens for the November 8, 2005 Referendum and Municipal Election, and will take any appropriate action.
Councilor Desmarais moved, Councilor King seconded, to appoint the Wardens and Deputy Wardens for the November Election as recommended by the Town Clerk. The motion carried with seven (7) yeas.
(A copy of the list of Wardens and Deputy Wardens will be attached to the official minutes.)
The Town Council will consider signing the Warrant for the November 8, 2005 Municipal Election, and will take any appropriate action.
Councilor Watson moved, Councilor Desmarais seconded, to sign the Warrant for the November 8, 2005 Municipal Election. The motion carried with seven (7) yeas.
(A copy of the Election Warrant will be attached to the official minutes.)
The Town Council will consider conveying Town tax-acquired property, and will take any appropriate action.
Ms. Harrington said all the back taxes, liens costs, interest and 2005 taxes have been paid by the Howes. This item would authorize the town to give the property back.
Councilor Desmarais moved, Councilor Ansari seconded, to convey tax acquired property and to release tax liens by Municipal Quitclaim Deed. The motion carried with seven (7) yeas.
The Town Council will discuss appointments to Boards and Committees, and will take any appropriate action.
Councilor King nominated Tom Fusco to serve on the Conservation Commission for a balance of a three-year term to expire on May 1, 2006; she asked the Chair to cease nominations and cast one vote for Mr. Fusco. The Council voted seven (7) yeas to appoint Mr. Fusco to the Conservation Commission.
Councilor King nominated Frederick Wigand to serve on the Marine Resource Committee as the No License Holder member for a balance of a three-year term to expire on May 1, 2007; she asked the Chair to cease nominations and cast one vote for Mr. Wigand. The Council voted seven (7) yeas to appoint Mr. Wigand to the Marine Resource Committee.
Councilor King nominated Elizabeth Marr to serve on the Village Review Board as the Citizen member for a three-year term to expire on October 20, 2008; she asked the Chair to cease nominations and cast one vote for Ms. Marr. The Council voted seven (7) yeas to appoint Ms. Marr to the Village Review Board.
Councilor King nominated Mary Anne Lawler to serve on the Brunswick-Topsham Water District Board of Trustees for a three-year term to expire on September 13, 2008; she asked the Chair to cease nominations and cast one vote for Ms. Lawler. The Council voted seven (7) yeas to appoint Ms. Lawler to the Brunswick-Topsham Water District Board of Trustees.
The meeting adjourned at 11:15 pm.
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
November 17, 2005
December 5, 2005
_________________________
Date of Approval
__________________________________
Council Chair