BRUNSWICK TOWN COUNCIL Agenda March 5, 2018 Regular Meeting - 6:30 P.M. Council Chamber Town Hall 85 Union Street

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1 Roll Call of Members/Acknowledgement Notice Pledge of Allegiance Adjustments to Agenda BRUNSWICK TOWN COUNCIL Agenda March 5, 2018 Regular Meeting - 6:30 P.M. Council Chamber Town Hall 85 Union Street Public Comments/Announcements (for items not on the agenda) MANAGER S REPORT a) Capital Improvement Plan (CIP) delivered to Council b) Assessing mailing c) Update on Bay Bridge Estates d) Update on proposed Tedford Housing e) Town Council Budget Workshop PUBLIC HEARINGS: 24. The Town Council will hear public comments on applications for special amusement licenses, and will take any appropriate action. (Town Manager Eldridge) Special Amusement Byrnes Irish Pub, LLC D/B/A: Byrnes Irish Pub 16 Station Avenue Flight Deck Brewing, LLC D/B/A: Flight Deck Brewing 11 Atlantic Avenue Patrick Byrnes Nate Wildes & Jared Entwistle HEARING/ 25. The Town Council will hear public comments on proposed ordinance amendments to Chapter 10 Licensing and Business Regulations, regarding proposed conditions to allow vendors to leave their carts on the Mall overnight, and will take any appropriate action. (Councilor Kathy Wilson and Councilor Suzan Wilson) HEARING/ 1

2 NEW BUSINESS 26. The Town Council will consider the following requests for Sellers of Prepared Food on Public Ways licenses on the Brunswick Mall, as well as special requests from BB s Grill and Twist-N-Dip, and will take any appropriate action. (Town Manager Eldridge) Farmer s Market Taco the Town BB s Grill Danny s Dogs Wrappers Twist-N-Dip 27. The Town Council will consider requests for Sellers of Prepared Food on Public Ways license for outdoor seating, and will take any appropriate action. (Town Manager Eldridge) Big Es, 111 Maine Street Little Saigon, 44 Maine Street Portland Pie, 92 Maine Street Shere Punjab, 46 Maine Street 28. The Town Council will consider setting a public hearing to consider An Ordinance Authorizing the Planning, Construction and Funding of a New Connector Road at Cooks Corner Between Admiral Fitch Avenue and Gurnet Road, with Total Project Costs Not to Exceed $2,550,000 (plus any other costs authorized hereunder), and Further Authorizing Issuance of Bonds and Notes in an Amount not to Exceed $1,200,000 (plus cost of issuance), plus any Additional Appropriation Authorized Hereunder, and will take any appropriate action. (Town Manager Eldridge) 29. The Town Council will consider moving the central voting location to the Recreation Center at Brunswick Landing, for all elections beginning June 2018, and will take any appropriate action. (Town Manager Eldridge) 30. The Town Council will consider ratification of an agreement between the Town and the owner of 2 Charles Court that would remove encroachments on the Jordan Acres elementary school site, and will take any appropriate action. (Town Manager Eldridge) 31. The Town Council will consider A Resolution Authorizing an Appropriation of $71,500 to Fund the Acquisition of Property on Simpson s Point Road, located at Map 03, Lot 004, Sub C, Typ 000, and will take any appropriate action. (Town Manager Eldridge) 2

3 32. The Town Council will consider An Order Providing the Town Manager with Authority to Submit Community Development Block Grant (CDBG) Letter(s) of Intent (LOI), and will take any appropriate action. (Town Manager Eldridge) 33. The Town Council will consider appointments to the Town s Boards, Commissions and Committees, and will take any appropriate action. (Appointments Committee) CORRESPONDENCE/COMMITTEE REPORTS CONSENT AGENDA a) Approval of the minutes of February 20, 2018 INDIVIDUALS NEEDING AUXILIARY AIDS FOR EFFECTIVE COMMUNICATION SHOULD CONTACT THE TOWN MANAGER S OFFICE AT (TDD ) To Town Council: towncouncil@brunswickme.org 3

4 Brunswick Town Council Agenda March 5, 2018 Council Notes and Suggested Motions MANAGER S REPORT a) Capital Improvement Plan (CIP) delivered to Council Notes: Manager Eldridge will update the Council on the CIP. b) Assessing mailing Notes: Manager Eldridge will inform the Council and public about this mailing c) Update on Bay Bridge Estates Notes: Manager Eldridge will provide a brief update on this item. d) Update on proposed Tedford Housing Notes: Manager Eldridge will update the Council and the public on this proposed plan and its next steps. e) Town Council Budget Workshop Notes: Manager Eldridge will remind the Council and public of their budget workshop on Thursday, March 8 th, at 7:00 pm in the Council Chambers. PUBLIC HEARING 24. Notes: This is the required public hearing for the renewal of special amusement licenses for Byrnes Irish Pub, 16 Station Avenue, and Flight Deck Brewing, 11 Atlantic Avenue. Byrnes would like to host small bands and open mic in the main dining room between noon and midnight. Flight Deck would like to have live music in the tasting room from 4:00 pm until 8:30 pm. Copies of their applications with plans for special amusements are included in your packet. Motion to approve the renewal special amusement licenses for Byrnes Irish Pub, 16 Station Avenue, and Flight Deck Brewing, 11 Atlantic Avenue. 25. Notes: This is the required public hearing on proposed ordinance amendments to Chapter 10 Licensing and Business Regulations, regarding permission and proposed conditions in order for vendors to leave their carts on the Mall overnight. After your last meeting, the Manager has added in language for your consideration, with the largest being a fee of $2,000 to stay overnight. This amount can be reduced, but not increased under this public hearing if the Council wishes to do so. A clean and a red-lined version of the ordinance with proposed amendments are included in your packet. Information from the last meeting 4

5 along with an updated draft ordinance, including the memo from Town Manager Eldridge, the Master Schedule of Revenues, and the lower mall activity costs, is included in your packet. Motion to approve the proposed ordinance amendments to Chapter 10 Licensing and Business Regulations, Article II, Sec , and the proposed amendments for the Master Schedule of Revenues, Charges, Fees and Fines. NEW BUSINESS 26. Notes: This is the annual approval of the Sellers of Prepared Food on Public Ways licenses on the Brunswick Mall. The fee for the Farmer s Market is $3,500 and the other vendors pay $2,000 each. There are 5 (five) vendors and 5 (five) spots seeking Council approval to do business on the Mall. They are all renewals. Additional requests from the vendors include BB s Grill s request for 2 (two) permanently attached picnic tables (31 x 72 ) to their cart, which will fold up at night, and Twist-N-Dip s request to place a gumball machine on their pad next to their cart. Copies of a memo from the Town Clerk and the applications are included in your packet. Motion to approve the following Sellers of Prepared Food on Public Ways licenses on the Brunswick Mall: Farmer s Market, Danny s Dogs, Taco the Town, Wrappers, BB s Grill and Twist-N-Dip. (Please indicate if you support the additional requests by BB s Grill and Twist-N-Dip.) 27. Notes: This item is the annual approval of Sellers of Prepared Food on Public Ways licenses on Sidewalks. These are all renewal applications. The license fee is $150, and requires Council approval. The plans have been reviewed by the Codes Officer, who will do an inspection once the businesses are open and will make periodic visits thereafter. The Town Clerk will be available to answer any questions. Copies of the applications are included in your packet. Motion to approve the following Sellers of Prepared Food on Public Ways licenses: Big Es, 111 Maine Street; Little Saigon, 44 Maine Street; Portland Pie Company, 92 Maine Street; and Shere Punjab, 46 Maine Street. 28. Notes: The Town Council will consider setting a public hearing on an ordinance to authorize funding for the new Cook s Corner Road between Admiral Fitch Avenue and Gurnet Road. Copies of a memo from Manager Eldridge, the proposed ordinance, the public hearing notice, the project budgets, the MDOT/BPI agreement and photos of the proposed road are included in your packet. Motion to set a public hearing for March 19, 2018 (or another future date) for An Ordinance Authorizing the Planning, Construction and Funding of a New Connector Road at Cooks Corner Between Admiral Fitch Avenue and Gurnet Road, with Total Project Costs Not to Exceed $2,550,000 (plus any other costs authorized hereunder), and Further 5

6 Authorizing Issuance of Bonds and Notes in an Amount not to Exceed $1,200,000 (plus cost of issuance), plus any Additional Appropriation Authorized Hereunder. 29. Notes: The Council is asked to consider relocating the polls and voting from the Brunswick Junior High to the Parks & Recreation Center at Brunswick Landing, beginning in June of If the Council wishes to approve this move, it will need to take action no later than March 19 th, in order to meet state law requirements. Staff has concerns for student safety and parking at the Brunswick Junior High School, as the school remains in session on election days. Copies of a memo from the Town Clerk, a letter from the principal of the Brunswick Junior High School, Walter Wallace, a memo from Police Chief Richard Rizzo, a comparison of mileage and the estimated drive time, a breakdown of election totals, a floor plan of the Recreation Center, and a draft municipal certification plan as required by the Secretary of State are included in your packet. Town Clerk Fran Smith will be available for questions. Motion to relocate all voting for elections to the Parks & Recreation Center at Brunswick Landing beginning with the 2018 June election, in accordance with state law. 30. Notes: In the course of planning for construction of the new elementary school at the Jordan Acres site, surveys have determined that encroachments (a driveway and part of a mobile home) exist within the boundaries of the school property. PDT Architects and its consulting engineers have requested that these encroachments be remedied for safety reasons, specifically to remove driveway access to Charles Court. Town Manager Eldridge has been working with the property owner of 2 Charles Court and presents An order Ratifying and Approving an Agreement to Resolve Encroachments on Town Property Located at 2 Charles Court, which he is asking the Council to approve. Included in your packet are a copy of a memo from Manager Eldridge, an aerial photo from the Town s GIS, the order and the agreement between the Town and Mr. Hanning, the owner of the property. Motion to approve An Order Ratifying and Approving an Agreement to Resolve Encroachments on Town Property Located at 2 Charles Court, to remedy existing encroachments prior to the construction of the new elementary school at 75 Jordan Avenue. 31. Notes: Town Manager Eldridge has executed a purchase and sales agreement on a piece of property at Simpson s Point, Map 03, Lot 004, Sub C, Typ 000, to provide public access to the water and a chance to expand parking at the site for swimmers and boat launch users. Manager Eldridge is recommending ratification of the purchase and sales agreement and a funding resolution authorizing an appropriation of $71,500 from the sale of the 946 Mere Point Road property to fund the acquisition of this property. A copy of a memo from Manager Eldridge, the property map and record card, the parking plan and cost estimate, and the resolution are included in your packet. 6

7 Motion to approve A Resolution Authorizing an Appropriation of $71,500 to Fund the Acquisition of Property on Simpson s Point Road, from the proceeds of the sale of the 946 Mere Point Road property, which funds were designated for water access. Adoption of this resolution will also ratify the purchase and sales agreement for the property at Simpson s Point, Map 03, Lot 004, Sub C, Typ 000, that was executed on February 9, 2018 by Town Manager Eldridge. 32. Notes: The Town Manager is requesting authorization to submit Letters of Intent (LOI) for Community Development Block grants or programs that require this step prior to applying. The town incurs no obligation when submitting an LOI. In order to apply for the grant or program, staff would still need to receive Council approval. This would streamline the process for the Council and staff, since the Council would need to approve only the application, rather than a letter of intent. Copies of a memo from Manager Eldridge and the order are included in your packet. Motion to approve An Order Providing the Town Manager with Authority to Submit Community Development Block Grant (CDBG) Letter(s) of Intent (LOI). 33. Notes: At this time the Appointments Committee will make nominations to fill vacancies on Town Boards, Commissions, and Committees. Other members of the Council are permitted to make additional nominations if they choose to in cases of multiple applications. Copies of the Committee s memo and the applications are included in your packet. There is no motion required, only nominations and a vote of the Council. CORRESPONDENCE/COMMITTEE REPORTS Councilors will provide brief updates of recent committee meetings. CONSENT AGENDA a) Approval of the minutes of February 20, 2018: A copy of the minutes are included in your packet. Motion to approve the Consent Agenda Motion to adjourn 7