-- APPROVED --

BRUNSWICK TOWN COUNCIL MINUTES

October 24, 2005

6:30 P.M.

Municipal Meeting Facility


6:30 p.m. Chair Lowe called the meeting to order.


Councilors Present: Chair Forrest Lowe, W. David Watson, Jacqueline A. Sartoris, Douglas A. Rice, Barbara A. Desmarais, and Joanne T. King.


Councilors Absent: Robert A. Galloupe and Louise V. Ansari.


Town Staff Present: Donald Gerrish, Town Manager; Fran Smith, Town Clerk; Patricia Harrington, Assistant Town Manager; John Eldridge, Finance Director; John Foster, Public Works Director; Craig Worth, Deputy Public Works Director; Steve Walker, Natural Resources Planner; Rick Desjardins, Police Commander; Dan Devereaux, Marine Resource Warden; Geoffrey Hole, Town Attorney; and the TV video crew.


Executive Session : Acquisition of Property

Union Negotiations


Councilor Desmarais moved, Councilor Watson seconded, to go into executive session, under 1 M.R.S.A. Section 405 (6)(C) to discuss the acquisition of property, and 1 M.R.S.A. Section 405 (6)(D) to discuss union negotiations. The motion carried with six (6) yeas.


MEETING CONTINUED AT 7:00 p.m.


Chair Lowe called for the Pledge of Allegiance.


Public Comment:


Margo Knight, 22 Page Street, provided an update on her group’s efforts on the old high school. They are concerned about its fate. They discussed possible funding sources and have developed principles to consider, including the following items:

The group is self-funding and will be providing more information at the December 12 workshop. She added they would like to have a public forum.


Mike Adams, 64 Federal Street, expressed concerns about the train’s operation. The College Neighborhood Association wanted to share some concerns:

He added they are not objecting to the passenger train, but the freight operation. They would like the town to take the following actions:


Manager Gerrish responded they have sent a letter to the state and have not received an official response. There are also federal rules in place that there are concerns about. He suggested the town, state, federal, and train representatives meet to work through the issues.


Correspondence:


Councilor Rice said he had attended the Harriet Way dedication; there are fourteen affordable housing units there. The Housing Authority did a good job with this project.


Manager’s Report:


(a) Base Closure Update


Manager Gerrish said the Local Redevelopment Authority (LRA) is being appointed later this evening. Members of the staff and Council recently attended a meeting in Boston on redevelopment and it was very informative.


(b) Mere Point Boat Launch Update


Councilor Sartoris said there was a two page memo from Geoffrey Hole, Town Attorney, on the status of the project. The Planning Board will be doing a sketch plan review. There will be a final report in early November.


(A copy of the memo from the Town Attorney will be attached to the official minutes.)


(c) Reschedule Workshop to 11/28/05 re Recycling


Manager Gerrish said the workshop with the Recycling Committee has been rescheduled for November 28, 2005.


(d) Schedule Workshop for 12/12/05 re Old High School


Manager Gerrish said there has been a workshop scheduled for December 12, 2005, regarding the old high school.


(e) Financial Update


Manager Gerrish said, through September, revenues for excise taxes are up $10,000 from last year, and state revenue sharing is well ahead of last year. On the expenditure side, fuel costs are up, the furnace needed to be replaced at People Plus at a cost of $11,000, and there was major rainstorm damage.


(f) Candidates Night on November 3


Manager Gerrish said there will be a Council candidate’s night on November 3, 2005, at 7:00 p.m., which is being sponsored by People Plus and the League of Women Voters. It will be televised on the public cable channel.


(g) Rain Storm Drainage Report


John Foster, Public Works Director, said the town had severe flooding on October 8, 2005, and October 9, 2005. There was approximately $200,000 worth of damage.


(A copy of a memo from the Public Works Director will be attached to the official minutes.)


Mr. Foster also commented on the closing of the wood and masonry facility this week. Once it closes, wood will then be accepted at the Graham Road facility. They are working with the Department of Environmental Protection on a closure plan.


Adjustments to Agenda:


To take Item 187 out of order prior to Item 176.


186. The Town Council will hear public comment on the following Special Amusement license application:


Dunbarton, Inc.

d/b/a: Castaways Ms. Joanne Gillies, President

103 Pleasant Street


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


Councilor Desmarais moved, Councilor King seconded, to approve the Special Amusement license for Dunbarton, Inc. d/b/a Castaways. The motion carried with six (6) yeas.


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


176. (Tabled) The Town Council will continue discussions on the proposed amendment to the Shellfish Ordinance on an emergency and regular basis to allow for Sunday harvesting year round, and will take any appropriate action.


Item 187 was discussed prior to this item.


Councilor Rice supported Sunday harvesting, with the request that airboats not be used until 7:00 a.m.


Chair Lowe asked if anyone wished to make public comments.


Ralph Keyes, Chair of the Marine Resource Committee, spoke in support of the ordinance amendments.


James McCloud, Jordan Avenue, spoke against allowing Sunday harvesting since the closing of those days was originally done to conserve the resource.


John Lemont, Marine Resource Committee, spoke in support of harvesting on Sundays. The clam populations are up, and they can support Sunday harvesting. He does not want to hold up the Sunday harvesting change because of the airboat issue.


Niki Lund said her husband uses an airboat, but he has had no use of it for four months since the flats were closed.


Chair Lowe closed public comment.


Mr. Walker said, responding to Councilor Desmarais’ question, the resource is healthy enough to support Sunday harvesting. He added, with the four months of closures, the harvesters are in dire straights and need to be able to harvest. The Sunday harvesting may have to be reviewed on an annual basis to ensure the conservation issue is addressed.


Councilor Rice moved, Councilor Desmarais seconded, to adopt the proposed amendments to Section 11-140(2) and Section 11-165 of the Marine Activities Structures and Ways Ordinance relative to allowing Sunday harvesting of shellfish, on an emergency and regular basis. The motion carried with six (6) yeas.


Councilor Sartoris requested that there be some definite answers to some of the questions that resulted when discussing the issue of airboats. It appears the state and town have different opinions.


Chair Lowe asked Representative Gerzofsky if he would get a letter from the Attorney General’s Office as to their opinion on this matter.


187. The Town Council will receive a report from the Planning Department regarding the use of airboats in the coastal waters of Brunswick, and will take any appropriate action.


This item was taken up prior to Item 176.


Mr. Walker said, after review the Town Attorney felt some action could be proposed around controlling the noise level of the airboats, but it could be challenged.


(A copy of a memo from the Natural Resources Planner will be attached to the official minutes.)


Geoffrey Hole, Town Attorney, added this regulation has the features of a court test case. The state and town disagree on what can be done to regulate airboats. There is the home rule issue, and the town could take the approach this would fall under a nuisance ordinance. He has not found any laws or rules that would prohibit the town from drafting ordinance language to address commercial watercraft noise or to set use restrictions in town waters. This could be explored more if the Council wishes to do so.


State Representative Stanley Gerzosfsky said the Attorney General and Department of Marine Resources both said that towns cannot regulate water activities unless the state has given permission to the towns, like in the case of moorings and clam digging. The town needs to go to the state if they want to address airboats.


Councilor Rice said, if the town wants to control the decibel levels, they need special equipment. The Council should encourage the meeting with the state to discuss this issue. There may be a way to control the town launches on Sundays to have a later launch time.


Councilor King said there is an issue of enforcement, which could be difficult. She feels it is fine to talk with the state, but a noise ordinance is not going to help much. Peer pressure among the harvesters to cooperate, as a way to keep Sunday harvesting, may be the best route to go.


Councilor Desmarais said, if there were to be a meeting between the state and town, there would be a cost to have the town attorney there; she wanted people to be aware of that.


Councilor Watson said he does not want to move forward until the meeting has occurred since it is vital to this process.


Dan Devereaux, Marine Warden, requested the Council not hold Sundays hostage because of this airboat issue. He provided background on the complaints and how they had tried to work something out with the harvesters on a voluntary basis. The use of airboats allows harvesters to increase their take home pay by up to $2,000 a month since the boats make the job easier. Responding to Councilor Rice’s question, the harvesters would likely agree to a later start on Sundays if they were allowed to harvest that day.


Councilor King said she supports Sunday harvesting.


The discussion continues by going back to Item 176.


188. The Town Council will appoint the Local Redevelopment Authority members, and will take any appropriate action.


Chair Lowe provided the make-up of the Committee and listed those recommended for appointment:

Town Council Members: Forrest Lowe and Joanne King

Brunswick resident appointees: Martin Wilk, Dana Totman, S. Catherine Longley, Carol Godfrey Warren, and Robert Jarrett

Topsham Appointee: Suzanne Watson

Governor’s Appointees: State Representatives John Richardson, Jr. and Stanley Gerzofsky

Regional Appointees: Lyndel Wishcamper, Major General John Libby, and State Senator Arthur Mayo III


Councilor Sartoris said two constituents expressed concerns that this was not a public process and did not establish representation for interested parties, such as conservation groups and Town Commons representatives. In the future, they would like to see it more of a public process.


Chair Lowe moved, Councilor Watson seconded, to approve the Local Redevelopment Authority appointees as stated above. The motion carried with six (6) yeas.


(A copy of a Press Release will be attached to the official minutes.)


189. The Town Council will receive a report from the Town’s Finance Director regarding the impact the base closure may have on the Town budget/capital improvement program, and take any appropriate action.


John Eldridge, Finance Director, made this presentation.


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


Manager Gerrish said there are many things to consider, such as decisions on projects, the budget cap and the base closure. When it comes to borrowing money, the tax cap may have an impact on it.


Chair Lowe said it appears the Times Record renovation cannot be done for the CIP amount of $3.5 million, citing a cost of at least $4.3 million. He wants to withdraw his proposal to only spend the CIP amount on the Times Record building.


Manager Gerrish suggested another meeting in November or December to discuss this issue and other CIP projects.


Councilor Sartoris said the cost savings in the CIP does not look at the savings that could occur if there is consolidation of services, with no leasing space costs and no heating of the Council Chamber. These savings need to be included.


Manager Gerrish said in the CIP he made the recommendation to close down the old high school once other town facilities had been renovated. Included was a cost to demolish the building; by not doing that, funds would be saved. The Superintendent of Schools and the School Board should be involved with any discussion since they are in the school funding process, and since this may be a possible school site.


Councilor Desmarais said the Council needs to look at everything with a long-term vision. The new Councilors should be invited to the upcoming workshop.


Councilor King said having a long term vision is what the town needs to focus on. They must also pay attention to maintaining the town’s infrastructure, such as Jordan Avenue.


190. The Town Council will consider approving transfers of asset forfeitures or any portions thereof, and will take any appropriate action.


Commander Rick Desjardins said there are two items, an automobile and some cash, that are being given to Brunswick under the asset seizure forfeiture program. He asked the Council to allow these items to be accepted.


Councilor Watson moved, Councilor Rice seconded, to approve asset forfeitures or any portions thereof. The motion carried with six (6) yeas.


(A copy of two letters from the Department of the Attorney General’s office will be attached to the official minutes.)


191. The Town Council will consider approving a contract with the Brunswick Professional Firefighters, IAFF 1718 AFL-CIO-CLC, and will take any appropriate action.


Clark Labbe, Fire Chief, explained the changes in the firefighters’ union contract. There are no salary increases, but there will be a reduction in the work week from fifty to forty-two hours. There are also changes to the vacation accrual rates, to the residency requirements, and to the pay week.


Councilor Sartoris said, as a point of public information, the Council has had numerous conversations on the contract in executive session so that is why the Council is approving the contract with what appears to be little discussion.


Councilor Watson moved, Councilor Rice seconded, to approve the three-year contract between the Town of Brunswick and the Brunswick Professional Firefighters, IAFF 1718 AFL-CIO-CLC. The motion carried with six (6) yeas.


(A copy of a memo from the Fire Chief and the approved Union Contract will be attached to the official minutes.)


192. The Town Council will consider setting a public hearing to amend Chapter 15 (Traffic and Vehicles), Article IV, Sec. 15-46 to provide for one-way streets on portions of Park Row and South Streets, and will take any appropriate action.


Commander Rick Desjardins explained the reasons for the proposed changes. Several areas were temporarily changed to allow one-way only on sections of Park Row and South Street. There was no negative feedback from this change, so the Police are recommending enacting these changes at the ordinance level.


Councilor King moved, Councilor Watson seconded, to set a public hearing on November 7, 2005, to amend Chapter 15, Article IV, Section 15-46 of the Code of Ordinance, to include Park Row from “No Name Street,” north bound to Fitch Place, and South Street commencing 155 feet east of Park Row to Coffin Street. The motion carried with six (6) yeas.


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


193. The Town Council will consider setting a public hearing to amend Chapter 15, (Traffic and Vehicles) Article IV, Section-74 to designate Lincoln Street, north side from November 15 to April 15, as a no-parking area and will take any appropriate action.


Commander Rick Desjardins requested this item be withdrawn and brought back at a future meeting. The Council agreed to this.


194. The Town Council will consider setting a public hearing to amend Chapter 15 (Traffic and Vehicles), Article IV, Sec. 15-76 to allow for restricted parking on portions of Cumberland Street, Lincoln Street, and Park Row, and will take any appropriate action.


Commander Rick Desjardins explained the reasons for the proposed changes. Several areas were temporarily changed to allow conditional parking on Park Row and Lincoln Street. There was no negative feedback from this change so the Police are recommending enacting this change at the ordinance level. He did ask that the proposed Lincoln Street language be removed at this time.


Councilor Sartoris moved, Councilor Watson seconded, to set a public hearing on November 7, 2005, to amend Chapter 15, Article IV, Section 15-76 of the Code of Ordinance to restrict on-street parking on Cumberland Street and Park Row. The motion carried with six (6) yeas.


  1. The Town Council will discuss town-owned property, and will take any appropriate action.


Councilor Watson updated the Council, stating information is still being gathered on town-owned properties; further information will be coming in the future.


(A copy of an analysis of town-owned property will be attached to the official minutes.)


196. The Town Council will consider conveying Town tax-acquired property, and will take any appropriate action.


Manager Gerrish said payment has been received for back taxes; he is requesting the Council give back the property.


Councilor Sartoris moved, Councilor Rice seconded, to convey tax-acquired property and to release tax liens by municipal quitclaim deed. The motion carried with six (6) yeas.


(A copy of a memo from the Tax Office Manager and the quitclaim deed will be attached to the official minutes.)


197. The Town Council will discuss accepting a 15.71 acre conservation easement from Joseph Klocek, Jr. over property located on Moody Road, and will take any appropriate action.


Manager Gerrish said the Planning Board approved this project. One of the conditions requires the Council to accept a 15.71 acre conservation easement. This easement has been approved by the Conservation Commission and Town Attorney.


Councilor Sartoris moved, Councilor King seconded, to accept a 15.71 acre conservation easement from Joseph Klocek, Jr. over property located on Moody Road. The motion carried with six (6) yeas.


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


The meeting adjourned at 9:40 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

December 6, 2005

December 19, 2005

_________________________

Date of Approval


__________________________________

Council Chair