-- APPROVED --

BRUNSWICK TOWN COUNCIL MINUTES

November 21, 2005

6:15 P.M.

Municipal Meeting Facility

6:15 P.M. Chair Lowe called the meeting to order.

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

Councilors Absent: None.

Town Staff Present: Donald Gerrish, Town Manager; Fran Smith, Town Clerk; Clark Labbe, Fire Chief; Jerry Hinton, Police Chief; Mathew Eddy, Director of Economic Development; Thomas Farrell, Director of Parks and Recreation; John Eldridge, Finance Director; Steve Walker, Natural Resources Planner; Mary Reindl, Human Services Director; James Ashe, Superintendent of Schools; Greg Bartlett, Assistant Superintendent of Schools; James Oikle, Business Manager, School Department; several members of the School Board; and the TV video crew.

Executive Session: Legal Matter and Acquisition of Property

Councilor Desmarais moved, Councilor Watson seconded, to go into executive session pursuant to 1 M.R.S.A. §405(6)(C) and (E) to discuss acquisition of property and to have a legal discussion. The motion carried with six (6) yeas. Councilors Sartoris and Ansari arrived after the vote.

Meeting Continues (7:00 P.M.)

Swearing In Ceremony of Councilor Newell Augur, District 7

Newell Augur was sworn in by the Town Clerk, Fran Smith, to serve the remainder of the two-year term for District 7.

Public Comment:

Roy Peddle, 4 Lori Drive, spoke on Jordan Avenue’s need for repair, which he is convinced will be taken care of next year. He said the media should stop hyping up the large number of homeless coming to the base property since it is not going to be at the level they are indicating.

Correspondence:

Letter from Marty Wilk dated November 9, 2005

Mr. Wilk’s letter on behalf of the Brunswick Economic Development Corporation is requesting the Council hire two additional economic development positions.

(A copy of Mr. Wilk’s letter will be attached to the official minutes.)

Manager’s Report:

(a) LRA Update

Mathew Eddy, Director of Economic Development, gave this overview. The Local Redevelopment Authority (LRA) held their first meeting, and future meetings will be televised. The group is in the process of hiring an executive director and looking for space. The next meetings will be December 1, 2, and 28, 2005. There will be more information provided in the future, and a web site will be developed.

(b) Town Mall Plaque Presentation from Rotary

John Bibber, Rotary member, said the Brunswick Rotary Club presented a plaque to the town to be placed as a commemorative marker on the Lower Mall, recognizing the historic significance of this public space.

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

(c) Presentation of check for the Town’s share of the proceeds from this year’s Rotary Androscoggin Days events

David Fuller, President, said the Rotary is presenting the town a check for its share of the proceeds from this year’s Androscoggin Days events. The funds are to be used for path and/or trails enhancements.

Councilor Watson moved, Councilor Desmarais seconded, to accept and allow expenditure of the check in the amount of $1,200.00 from the Brunswick Rotary Club. The motion carried with nine (9) yeas.

(d) Train Noise Report – Rob Elder, MDOT

Rob Elder, Director of the Office of Freight Transportation, reported on the establishment of Quiet Zones at rail grade crossings. Brunswick may qualify for such a zone. His office could help with the application. The location he is thinking about is in the area of Union, Cedar, and Pleasant Streets. Mr. Elder said, responding to Chair Lowe’s question about trains idling, the state has no legal standing on this since it is controlled by federal law. They will work to create a cooperative relationship with all groups involved.

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

Councilor Ansari explained the concerns with the train idling for ten to twelve hours and with fumes and sparks coming from the engine. The train has been left unattended, with the windows open.

Mr. Elder responded to please let him know when problems are occurring as they are willing to try to help.

Councilor Rice said most of the questions in District 4 have to do with issues surrounding railway crossings and lights. There need to be gates in some locations.

Mr. Elder responded the town can call him to see if it can get on the list to be done.

(e) Longfellow Days Report – Maryli Tiemann

Maryli Tiemann gave this report on the upcoming Longfellow Days to be held from February 23, 2006, through February 26, 2006. The theme will be Evangeline, and their goal is to connect strongly with Brunswick’s French heritage community.

(f) Cable Advisory Committee Report – Charles Priest

Charles Priest, Chair of the Cable TV Advisory Committee, said he is providing a heads-up to the Council on some federal legislation that is being proposed. Currently, Brunswick has a cable franchise agreement for ten years. Although the agreement does not allow the town to regulate the rates, it allows the town to control some of the quality of services. The franchise fee is the charge for use of lines that equals five percent of the revenues paid by subscribers. The Congressional bills would eliminate the ability to have a municipal franchise agreement, instead cable would be controlled at the state or federal level. If passed, there would no longer be a franchise agreement. The Cable TV Advisory Committee is looking at this closer and will report back to the Council as more information is available.

Adjustments to Agenda:

To take-up Item 219 before Item 217.

210. The Town Council will hear public comments on the following Food Service license applications and take any appropriate action:

Food Service Establishment with Malt or Vinous

Rui Lin & Fei Long Lin

d/b/a: China Rui Lin & Fei Long Lin

164 Pleasant Street

Food Service Establishment with Malt, Vinous & Spirituous Liquor

MJ’s Inc.

d/b/a: MJ’s Grille & Tavern Mark J. & Jennifer Hanscom

94 Maine St.

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

Councilor Desmarais moved, Councilor King seconded, to approve the Food Service license applications for Rui Lin & Fei Long Lin d/b/a China and MJ’s Inc. d/b/a MJ’s Grille & Tavern. The motion carried with nine (9) yeas.

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

211. The Town Council will hear public comments on an ordinance to create and assign duties to a Local Redevelopment Authority to develop a reuse plan for the Naval Air Station Brunswick, and take any appropriate action.

Chair Lowe said the proposed ordinance is to create and assign duties to a Local Redevelopment Authority (LRA) to develop a reuse plan for the Naval Air Station Brunswick. This was enacted on an emergency basis at the November 7 Council meeting. After holding a public hearing, the Council needs to enact this ordinance on a regular basis.

Chair Lowe opened the public hearing.

Frank Heller, Belmont Street, said his group (BABRAC) discussed the proposed legislature and will be making suggestions in the future on this process.

Chair Lowe closed the public hearing.

Councilor Sartoris said some have expressed concerns about not having more members of the public and experts, as opposed to so many politicians, on the LRA.

Councilor King said this is a two prong process. There is a planning and zoning process, and there is a development plan, which is when those experts are needed. There is the issue of accountability to the public, which elected people are more responsive to. She is comfortable with her role of representing the people. Originally she had concerns, but now she is feeling comfortable with the committee’s set-up.

Chair Lowe said, originally he also had concerns, but also included are those who are not politicians. The LRA is an advisory committee for the Council, who ultimately will have to approve the plan. Councilor King’s, and his role, is to keep the Council informed about what is going on.

Councilor Ansari said she is comfortable with how the LRA is set up and pleased to have two Councilors on the committee so information is accurately reported to the Council.

Councilor Sartoris thanked those who were serving. She did add her other concern is regarding the property that was once the Town Commons, and she would like to have someone with expertise in the conservation field on the LRA.

Councilor Desmarais moved, Councilor Ansari seconded, to enact an ordinance to create and assign duties to a Local Redevelopment Authority to develop a reuse plan for the Naval Air Station Brunswick. The motion carried with nine (9) yeas.

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

212. The Town Council will hear public comments regarding amendments to Chapter 9 (Human Services) of the General Assistance Ordinance, and take any appropriate action.

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

Councilor Sartoris moved, Councilor Ansari seconded, to enact the ordinance amendments to Chapter 9 (Human Services) of the General Assistance Ordinance. The motion carried with nine (9) yeas.

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

213. The Town Council will hear public comments regarding the winter closing of Sawyer Road from December 1, 2005, to March 31, 2006, as permitted under Title 23 M.R.S.A. Subchapter VI, Section 2953, and take any appropriate action.

Manager Gerrish said Sawyer Road is closed annually from December 1 through March 31 since the gravel road only leads to a boat launch that is not utilized in the winter and there are no residents on the road. State law requires that the closing of a public road be done by public hearing.

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

Councilor Sartoris moved, Councilor Watson seconded, to approve the winter closing of Sawyer Road from December 1, 2005, to March 31, 2006. The motion carried with nine (9) yeas.

214. The Town Council will hear public comments on amendments to Chapter 15 (Traffic and Vehicles) Article IV, Section 15-46 to provide for one-way streets on portions of Park Row and South Street, and take any appropriate action.

Manager Gerrish said this change will make sections of Park Row and South Street one way. This had been done on a trial basis, and the Police now want to do it on a permanent basis.

Chair Lowe opened the public hearing; hearing not comments, he closed the public hearing.

Councilor Ansari moved, Councilor Desmarais seconded, to enact ordinance amendments to Chapter 15, Article IV, Section 15-46 to provide for one-way portions of Park Row and South Street. The motion carried with nine (9) yeas.

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

215. The Town Council will hear public comments on amendments to Chapter 15 (Traffic and Vehicles) Article IV, Section 15-76 to restrict on-street parking on portions of Cumberland Street and Park Row, and take any appropriate action.

Manager Gerrish said the Police implemented this change on a trial basis over the summer and are now asking for the change to be permanent.

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

Councilor Desmarais moved, Councilor King seconded, to enact ordinance amendments to Chapter 15, Article IV, Section 15-76 to restrict on-street parking on portions of Cumberland Street and Park Row. The motion carried with nine (9) yeas.

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

216. The Town Council will hear public comments on amendments to Chapter 15 (Traffic and Vehicles) Article IV, Section 15-74 of the Ordinance to designate a no-parking area on a portion of Lincoln Street, and on Section 15-76 to restrict on-street parking on a portion of Lincoln Street, and take any appropriate action.

Chief Hinton said after a trial period the Police found that a section on the north side of Lincoln Street could support parking in the summer, but it would have to be restricted in the winter.

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

Councilor Desmarais moved, Councilor Sartoris seconded, to enact ordinance amendments to Chapter 15, Article IV, Section 15-74 to designate a no-parking area on a portion of Lincoln Street, and to Section 15-76 to restrict on-street parking on a portion of Lincoln Street. The motion carried with nine (9) yeas.

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

217. The Town Council will hear a report from the Superintendent of Schools regarding the new school process, and take any appropriate action.

This item was taken up after Item 219.

Chair Lowe said this is not an action item, but a report.

James Ashe, Superintendent of Schools, presented the proposal for a new school. It included a school with students from third to fifth grades and the closure of Longfellow and Hawthorne Schools. Coffin School and Jordan Acres School would be for students from kindergarten through second grade. If approved, the state will pay one hundred percent of the cost for essential programming needs. The state will play a major role in site selection.

(A copy of Mr. Ashe’s presentation will be attached to the official minutes.)

William Dana, Chair of the School Board, said the proposal was presented to the School Board at an October workshop, and tonight was the Council’s opportunity to hear the proposal.

Councilor Sartoris said she is concerned about the short timeframe since a decision as to what direction to go is needed by the end of January. This would be rushing a decision and not providing enough time to receive parents’ input.

Mr. Ashe said the School Board needs to discuss it more, and they will want the public to feel they had enough time to give their input.

Councilor Sartoris said she had concerns about a large school versus small schools. She would want to ensure that teachers’ input is included. She asked if the socioeconomic issue would be solved.

Mr. Ashe said it is hard to solve that since development is occurring in various areas and it depends on what socioeconomic groups the development caters to.

Mr. Ashe said, responding to Councilor King’s question on the old high school being evaluated as a site, the state will look at all sites and determine if it is more economical to renovate or build new. The site approval will occur in the spring of 2007, so this does not assist the Council with their decision on the fate of the old high school.

Councilor Augur suggested that if they had not already done it, the School Board should visit similar schools to the large one that is being proposed. He would like some tangible information from the other locations about the cost savings and the quality of education.

Mr. Ashe explained that he has to balance cost with providing quality education. There would be cost savings if the programs could be housed in one school versus multiple schools or having to transport students to where the programs are available.

Chair Lowe opened the floor for public comment.

Charles Dorn, 10 Longfellow Avenue, said he has a background in education. The proposal is being rushed and many issues were not addressed, such as student learning and achievement, and what environment provides the best education. A larger school is the opposite of what others are doing, as there is a movement toward smaller schools in the other parts of the country. Students learn better in smaller schools, and these schools are especially beneficial to poor and minority students, who have seen increases in test scores when attending this type of school. The town needs to be thinking in terms of the most productive learning environment for children.

Andrea Loeffler, 309 Maine Street, said she is excited to hear it being suggested to use funding to address inequities in communities, but this proposal just does not do it. Schools are communities, and she is confused about the proposal since it does not provide what is best for children. There is a lot of research regarding how transitions negatively impact students’ learning and this proposal adds an additional transition for students. She would like to keep schools in the neighborhoods.

Gina Vickers, 9 Thompson Street, said, as a mother, she wants to have the decision makers look at both sides of the issue before making a decision.

Chair Lowe closed public comment.

At the conclusion of this item, Councilor Ansari left the meeting.

218. The Town Council will consider adopting a resolution to appropriate funds for the Local Redevelopment Authority, and take any appropriate action.

This item was taken- up after Item 221.

Manager Gerrish explained the majority of the funding for the LRA will be provided by a grant from the Office of Economic Adjustment (OEA), equaling about $1,000,000. The state is expected to fund the ten percent match. However, there will be costs that will not be covered by the grant or state. These include certain legal costs, workforce assessment studies and some marketing.

Councilor King moved, Councilor Watson seconded, to adopt a Resolution For An Emergency Appropriation of $75,000 From Unappropriated Available General Fund Revenues In Order To Provide Start-up Funding For The Local Redevelopment Authority Charged With Planning The Redevelopment Of The Brunswick Naval Air Station. The motion carried with eight (8) yeas.

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

219. The Town Council will discuss the wording on the proposed firefighter memorial at the Cooks Corner Fire Substation, and take any appropriate action.

This item was taken-up before Item 217.

Chair Lowe said for this discussion there are two issues to decide. One is the use of the word “God” on the memorial, and the other is related to whether to use gender neutral language.

Geoffrey Hole, Town Attorney, said after review he believes the memorial may properly be placed at the substation.

(A copy of Mr. Hole’s memo will be attached to the official minutes.)

Councilor Galloupe moved, Councilor Watson seconded, to allow the use of the word “God” in the proposed firefighter memorial if it is the firefighter’s choice to use that word. The motion carried with nine (9) yeas.

Chair Lowe said now the Council needs to discuss the second question whether or not to use gender neutral language.

Councilor Ansari said the poem is entitled “A Fireman’s Prayer;” it is what it is. If the firefighters want to put the original language, they should be able to do so; she does not have a problem with it. The author’s words should not be “messed” with.

Councilor Rice supported having the words as originally written by the author. This is not intended to offend anyone.

Councilor Sartoris said it should be dated and she would like to see the author’s name included. Councilor Desmarais agreed.

Councilor Rice moved, Councilor Watson seconded, to put the “Fireman’s Prayer” on the Firemen’s Memorial as originally written, with the date and author’s name included.

Councilor Augur said he took no issue with use of “God” in the poem. He did a web search, and, in about forty minutes, he found seven communities that made the poem gender neutral when they used it. On a plaque in Arlington for fallen firefighters, three years ago, the language was changed to be more inclusive of all who serve in this profession.

Chair Lowe agrees. He has no problem with the use of the word “God,” but he is not comfortable with the last three lines, which do not present women as equal. The poem was written with the best intention and what he says is not intended to be offensive to the firefighters for choosing it. In 2005 the community of Brunswick would not support women being subservient to men. He hopes this issue can be worked out.

Councilor Galloupe said he would like to have the firefighters think about the gender neutral issue. He added he is thankful for firefighters. He asked if the town could tell the union what to put on the memorial since they are paying for it. Mr. Hole responded yes since it is on town-owned property.

Chair Lowe hoped to have a collaborative process as to what to put on the memorial. He also said this department does great work.

Councilor Watson said he does not have a problem with the original wording. This poem does not reflect any gender. He feels it is the firefighters’ choice as to what to put on the memorial; he will stand by their decision.

Councilor Desmarais said she did not have a problem with the wording since it is a historical document. This is the firefighters’ memorial, which they are paying for.

Councilor King said she supported the poem as written two weeks ago and will support it now. Women are empowered by what they do; it will not offend women.

Councilor Sartoris said this is a public memorial, so for her daughter, she will be casting her vote for the future.

Chair Lowe opened the floor for public comment.

David Douglas, President of the Firefighters’ Union, said they are willing to add a date and the author’s name. They had spoken to the author’s wife and granddaughter, and they would not support changing the language; plus, it had been copyrighted. The firefighters have received many emails, and none were against the gender issue. The union members took a vote to move forward to support the original wording. He hopes to have unanimous support of the Council for keeping the language as written.

Pem Schaeffer, Crestview Lane, said the poem should be left alone.

Jennifer Ouellette, 10 Wadsworth Road, said everything the firefighters have brought forth has been a fight with the Council. She does not support changing it since it takes away from the author’s work.

Glory Thomas said Americans have a right to free speech, and she supported the language as written.

Charles Dutton, 43 Collinsbrook Road, said he supports the poem as written.

Robert Cole, 130 Bracket Road, said the U.S. Constitution has the word “God” in it, as do many other government documents.

Chair Lowe closed public comment.

Councilor Augur thanked the people for speaking on this subject and thanked firefighters for their work. He has spoken with the person who heads a women’s firefighters’ organization, and she said the way of the future is to reflect the change in this profession, with six thousand women doing this job. It is wrong to have something that cuts out women. As far as copyright, be believes this would fall under the fair use provision; the language could be changed.

Councilor Sartoris said the town and firefighters had a chance to do a collaborative effort, and the concerns could have been addressed prior to now. This was an unfortunate missed opportunity to create a bond.

Councilor Rice moved, Councilor Watson seconded, to put the “Fireman’s Prayer” on the Firefighter’s Memorial as originally written, with the date and author’s name included. The motion carried with six (6) yeas. Councilor Sartoris, Chair Lowe, and Councilor Augur were opposed.

220. The Town Council will hear a report from the Mere Point Boat Launch Citizens Advisory Committee, and take any appropriate action.

Mr. Walker, Mr. Farrell, and Committee members Tony Yuodsnukis and Roger Howe, made this presentation regarding the report from the Mere Point Boat Launch Citizens Advisory Committee.

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

Mr. Walker said the Committee’s work is not done; it has an ongoing charge to provide public education, and boater education is next.

Councilor Sartoris thanked all who were involved including the committee members and staff members who spent a great deal of time on this project. The Committee’s charge will continue once the boat launch is constructed, so they are not done yet.

Charles Wallace, Committee member, said the Share the Bay group has circulated a petition that indicates support for the facility. He gave a copy of the petition to the Council.

(Due to the length of the petition, a copy will be on file with the Town Clerk’s Office for a period of two years.)

Chair Lowe thanked all for the amount of work they did; this is a very impressive document. Responding to Councilor Desmarais’ question, Chair Lowe said the Council can endorse the recommendations, and the implementation will fall under the Planning Board and Parks Department authority.

Manager Gerrish added this will be the framework for the Memorandum of Understanding, which is required by IF&W, for running the facility.

Councilor King expressed concerns with this item being so late on the agenda, and there is very little representation from the other side. She asked about the timing of the management agreement.

Mr. Walker responded he felt it should wait until after Planning Board action.

Councilor Augur asked why the town had not chosen to charge a fee for using the launch since most other service centers charge a fee.

Mr. Walker said they found the fees basically paid for the attendant to collect them.

Councilor Sartoris said Nancy Sherin, who did not support building the boat launch, did vote to support the report since it makes sense to have a management plan if there is going to be launch.

(A copy of Ms. Sherin’s letter will be attached to the official minutes.)

Chair Lowe asked Councilor Sartoris if she would be coming back at a later date with an adjustment to the Committee’s charge.

Councilor Sartoris said yes she would be.

Councilor Sartoris moved, Councilor Watson seconded, to accept the report from the Mere Point Boat Launch Citizens Advisory Committee. The motion carried with seven (7) yeas. Councilor King was opposed.

(A copy of the Mere Point Boat Launch Citizens Advisory Committee Report will be attached to the official minutes.)

221. The Town Council will discuss truck traffic on Union Street, and take any appropriate action.

This item was taken-up before Item 218.

Councilor King said this item is a result of citizens’ concern with truck traffic going up Union Street to McKeen Street from Hannaford and other businesses on that street. They would like a sign placed near Weymouth Street asking truck traffic not to go this way since Union Street narrows at this end.

Chief Hinton said that the Police had a gentlemen’s agreement with Hannaford’s manager to have truck traffic go to Pleasant Street, not up to McKeen Street. There are other businesses that have truck traffic, even though the majority of it comes from Hannaford’s. They did speak with the manager again. Unless there is an ordinance change, the Police could only place advisory signs to try to get trucks to go to Pleasant Street. They would not be enforceable without being in an ordinance. Chief Hinton said, responding to Council questions, it is very difficult to enforce an ordinance since the police would have to make contact with trucks at the time of violation. His best recommendation is trying the signs and seeing if they get compliance. If it does not work, the Council can do an ordinance.

Councilor Desmarais would like to see advisory signs since there are additional businesses being proposed under the Maine Street Station plan.

Councilor King also wanted advisory signs, and if the problem continues, an ordinance could be enacted.

Sarah Brayman, 10 McKeen Street, said she lives on the corner of Union and McKeen Streets, and her concern is the width of the street at this end. She has called Hannaford and the town several times, and this only works for a short period. There are other businesses’ trucks traveling up Union Street so this issue needs to be addressed.

222. The Town Council will consider six-month Beano/Games of Chance Licenses, and take any appropriate action:

Sealed Tickets Only:

Brunswick Lodge of Elk’s #2043

d/b/a Brunswick Elk’s Lodge Anthony Trippi, Trustee

179 Park Road

Beano and Sealed Tickets:

Evergreen Senior Citizens Club

1 Columbus Drive Rena Rittall

Brunswick Knights of Columbus