CITY COUNCIL REGULAR MEETING

Tuesday, May 1, 2012   6:00 P.M.

Brewer City Hall Council Chambers 

 

I. Call to Order. (Mayor Jerry Goss)

II. Roll Call. (City Clerk)

III. Pledge of Allegiance to the Flag of the United States of America. (Mayor Goss)

A. Minutes of April 3, 2012 Regular Meeting. (Councilor Verow)

B. Awards, Petitions and Public Comments. 

1. (2012-B018)            RESOLVE,     Keith A. Bradford for 30 Years of Service to the

City of Brewer. (Mayor Goss, Councilors O’Connell, Ferris, Verow and Doughty)

2. Monthly Update on Bicentennial Activities- Gibran Graham

3. Public Comments.

IV. Recess for Public Hearing. 

1. Application for Lisa Welch d/b/a Timeout Restaurant, 30 Clisham Road for State of Maine

Restaurant Class I, II, III, IV (malt, spirituous and vinous) Liquor License.

2. Applications for City Amusement Licenses.

V. Adjourn Public Hearing and Continue with Regular Meeting.

C. Consent Calendar. 

1. (2012-A073) ORDER, Issue Amusement License to Cap’s Tavern, 494 So.

Main Street. (Councilor Doughty)

2. (2012-A074) ORDER, Issue Amusement License to Fraternal Order of Eagles

#3177, 22 Atlantic Avenue. (Councilor Ferris) 

3. (2012-A075) ORDER, Issue Amusement License to Brewster’s Fine Food

& Drink, 359 Wilson Street. (Councilor O’Connell)

4. (2012-A076) ORDER, Issue Amusement License to Jeff’s Catering,

15 Littlefield Way. (Councilor Verow)

5. (2012-A077) ORDER, Issue Amusement License to City Side Restaurant/Jesters

Food & Spirit, 393 No. Main Street. (Councilor Doughty)

6. (2012-A078) ORDER, Issue Amusement License to Between Friends Inc.

d/b/a Between Friends/Generations Theatre, 39 Center Street. (Councilor Ferris)

7. (2012-A079) ORDER, Issue Amusement License to Beef ‘O’ Brady’s,

688 Wilson Street. (Councilor Doughty)

8. (2012-A080) ORDER, Issue Amusement License to The Timeout Entertainment

Center, 30 Clisham Road. (Councilor O’Connell)

9. (2012-A081) ORDER, Issue Amusement License to Charlie’s at Bangor Brewer

Bowling Lanes, 534 Wilson Street. (Councilor Ferris)

10. (2012-A082) ORDER, Issue Amusement License to Schooners, 5 So.

Main Street. (Councilor Doughty)

11. (2012-A083) ORDER, Authorize a Land Swap Between Linda Gallagher of Brewer

and the City of Brewer to Facilitate the Green Point Road/Elm Street Reconstruction

Project.  (Councilor Verow)

12. (2012-A084) ORDER, Accept Donation to the Brewer Parks and Recreation

Department for Special Events. (Councilor O’Connell)

13. (2012-A085) ORDER, Authorize the Purchase of New GPS Equipment.

(Councilor Ferris)

14. (2012-A086) ORDER, Authorize the City Manager, or His Designee, to Sign

a Municipal/State Agreement with the MDOT For Work on Six Intersections.

(Councilor Doughty)

15. (2012-A087) ORDER, Authorize Hiring Sewall Company to Locate Stormwater

Infrastructure. (Councilor Ferris)

16. (2012-A088) ORDER, Authorize Change Order to T Buck for $132,964.32 to

Cover Additional Costs Resulting From Unanticipated Subsurface Conditions on the

Bulkhead Replacement Project. (Councilor Verow)

17. (2012-A089) ORDER, Schedule Special City Council Meeting on May 29, 2012.

(Councilor O’Connell)

18. (2012-A090) ORDER, Award Contract for 2012 Street Line Painting Contract.

(Councilor Doughty)

19. (2012-A091) ORDER, Authorize the Purchase of an Additional Strip of Property

Along Green Point Road from Hughes Bros. Inc. for the Green Point Road Reconstruction

Project and Authorize its Acceptance as a City Street. (Councilor Ferris)

20. (2012-A092) ORDER, Authorize the Placement of Oak Hill Cemetery and North Brewer

Cemetery on the Brewer Register of  Historic Places. (Councilor Verow)

21. (2012-A093) ORDER, Accept Deeds from the City of Brewer High School District Trustees

to the City of Brewer for the Former Capri Street School Property and a Portion Of the Former

State Street and Middle School Properties that are no Longer Necessary for Educational Purposes.

(Councilor Doughty)

22. (2012-A094) ORDER, Authorize a Loan to Mackess, LLC for Sprinkler Improvements at

5 South Main Street, Brewer, Maine to be Paid Back with Tax Increment Financing Payment

for the 2013 Tax Year. (Councilor Verow)

23. (2012-A095) ORDER, Authorize Purchase of Rock Salt. (Councilor O’Connell)

24. (2012-A096) ORDER, Authorize Funding of Abatement Expense. (Councilor Verow)

25. (2012-A097) ORDER, Accept Insurance Dividend from Maine Municipal Association.

(Councilor Doughty)

26. (2012-A098) ORDER, Authorize Supplemental Funding to Support the FY2012 Budget.      

(Councilor Ferris)

27. (2012-A099) ORDER, Declare Property Surplus and Authorize Its Sale to Asperino T. Dimarco.

(Councilor Verow)

28. (2012-B019) RESOLVE, Amend the Schedule of City Council Regular Meetings to

Change the July Regular Meeting Date. (Councilor O’Connell)

29. (2012-B020) RESOLVE, Approve Liquor License Application of Lisa Welch d/b/a

The Timeout Restaurant, 30 Clisham Road. (Councilor Doughty)

30. (2012-B021) RESOLVE, Ratify Authorization of Housing Authority of the City

of Brewer. (Councilor Verow)

D. Monthly Reports.   (Councilor Verow)

E. Nominations, Appointments, Elections. 

1. (2012-B022) RESOLVE, Accept Resignation of Nathalie Perry as Health

Officer of the City of Brewer. (Councilor Doughty)

2. (2012-A100) ORDER, Appoint Benjamin Breadmore as Health Officer of the City

of Brewer and Stewart Brooks as Alternate Health Officer of the City of Brewer.                                                                                    

(Councilor Verow)

3. (2012-A101) ORDER, Reappoint Members to the Board of Commissioners of the Housing                                                                             

Authority of the City of Brewer. (Councilor O’Connell)

4. (2012-B023) RESOLVE, Confirm the City Manager’s Appointment of Dan Wellington as

an Assistant Code Enforcement Officer, Assistant Plumbing Inspector, Assistant

Electrical Inspector and Assistant Building Inspector for the City of Brewer. (Councilor Doughty)

F. Unfinished Business.

1. (2012-C005) Amend Chapter 1, Entitled “The City Council”, Article 5, City Boards,

Committees and Commissions, Section 502.6 of the Charter Codes and Ordinances

of the City of Brewer. (Councilor Ferris)(posted 04/04/12)

G. New Business.

1. (2012-C006) Amend Chapter 5, Entitled “Assessor”, Article 2, The Board of Assessment

Review, Section 208-A, Item D, Role of the City Clerk, of the Charter, Codes and Ordinances

of the City of Brewer. (Councilor Verow)

2. (2012-C007) Amend Chapter 14, Entitled “City Cemeteries”, Section 103.2. Clerk

and Section 105 Superintendent of the Charter, Codes and Ordinances of the City of Brewer.

(Councilor Doughty)

3. (2012-A102) ORDER, Convene in Executive Session Pursuant to Title 1, M.R.S.A.

§405(6)(A) on a Personnel Matter. (Councilor Ferris)

H. New Items with Leave of Council.

I. ADJOURN.

 

Agenda as of Friday, April 27, 2012, 11:30 a.m.  Items may be added prior to the meeting under suspension of the rules.

 

CITY OF BREWER, MAINE

IN CITY COUNCIL ASSEMBLED

 

2012-B021                                                                                                                              May 1, 2012

 

TITLE:            RESOLVE,     RATIFY AUTHORIZATION OF HOUSING AUTHORITY

                                                OF THE CITY OF BREWER.                     

                                                                                                           

                                                                                                                        filed April 25, 2012                                                                                                                                                                                                                by Arthur Verow

 

EMERGENCY PREAMBLE

 

WHEREAS, resolves adopted by the Brewer City Council do not become effective until five days after approval unless such resolves contain emergency preambles; and

 

WHEREAS, it is imperative that the Housing Authority of the City of Brewer be authorized to transact business and exercise its powers immediately upon adoption of this resolve; and

 

WHEREAS, these facts create an emergency within the meaning of the Charter, Code and Ordinances of the City of Brewer and require that the following resolve become effective immediately upon its approval to protect the public health, common welfare and safety of the citizens of Brewer; and

 

            WHEREAS, the State of Maine, by provision in Maine Revised Statutes Annotated, under Title 30-A Section 4721, there is created in the City of Brewer a public body corporate and politic known as the “Housing Authority of the City of Brewer;” and

 

            WHEREAS, said Authority is not authorized to transact any business or exercise its powers until or unless the Brewer City Council declares by resolution that there is a need for an authority to function in the City of Brewer; and

 

            WHEREAS, on January 10, 1972, pursuant to the predecessor of Title 30-A Section 4721 the Brewer City Council duly adopted a resolution stating a need for an authority to function in the City of Brewer, thereby authorizing the Housing Authority of the City of Brewer to transact business and exercise its powers; and

 

            WHEREAS, the Brewer City Council wishes to ratify the actions of that original resolution and ensure that the Housing Authority of the City of Brewer is authorized to transact business and exercise its powers under the provision of the Revised Statutes Annotated above referred to, and to reaffirm that it has authorization to take all actions, including the borrowing of funds, permitted to Housing Authorities under the above-referenced statute;

 

            NOW, THEREFORE BE IT RESOLVED, by the Brewer City Council, that there is a need for an Authority to function in Brewer and for such Housing Authority to exercise the powers granted by the State of Maine in its Revised Statutes Annotated, above referred to, as they are now or as they may be amended from time to time, and

 

            BE IT FURTHER RESOLVED, that this Council finds that there are insanitary or unsafe inhabited dwelling accommodations or blighted areas existing in the City of Brewer, and that further, there is a shortage of safe or sanitary dwelling accommodations in the City of Brewer available to persons of low income at rentals or prices that they can afford.

 

CITY OF BREWER, MAINE

IN CITY COUNCIL ASSEMBLED

 

2012-A100                                                                                                                                                      May 1, 2012

 

TITLE:            ORDER,         REAPPOINT MEMBERS TO THE BOARD OF

                                                COMMISSIONERS OF THE HOUSING AUTHORITY

                                                OF THE CITY OF BREWER.

                       

                                                                                                                                    filed April 25, 2012

                                                                                                                                    by Kevin O’Connell

 

                                                      EMERGENCY PREAMBLE

 

WHEREAS, orders passed by the Brewer City Council do not become effective until five days after approval unless such orders contain emergency preambles; and

 

WHEREAS, it is imperative that that members are sworn to office immediately to avoid delay in accepting funds for a project; and

 

WHEREAS, these facts create an emergency within the meaning of the Charter, Code and Ordinances of the City of Brewer and require that the following order become effective immediately upon its approval to protect the public health, common welfare and safety of the citizens of Brewer;

 

            ORDERED, that Alan Wilcox, Albert Gibson, Helen Bean, Robert Zani, Constance Robichaud, Allen Campbell and Frank Gallant are herewith reappointed to the Board of Commissioners of the Housing Authority of the City of Brewer; and

 

            FURTHER ORDERED, that each member’s term shall begin immediately upon passage of this order and expire as follows:

 

Alan Wilcox                                                    expires March 31, 2013

Albert Gibson                                                 expires March 31, 2014

Helen Bean                                                     expires March 31, 2014

Robert Zani                                                     expires March 31, 2015

Constance Robichaud                                     expires March 31, 2016

Allen Campbell                                               expires March 31, 2016

Fran Gallant                                                    expires March 31, 2017