BRUNSWICK TOWN COUNCIL Agenda December 3, 2018 Regular Meeting 6:30 P.M. Council Chambers 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 December 3, 2018 Regular Meeting 6:30 P.M. Council Chambers Town Hall 85 Union Street Public Comments/Announcements (for items not on the agenda) MANAGER S REPORT a) Dog License Reminder b) Holiday Trash & Recycling Schedule c) Social Services Funding d) Town Hall Closed December 24 th. PUBLIC HEARING 148. (This public hearing is continued tonight after beginning at the meeting on November 19, 2018) The Town Council will hear public comments on proposed amendments to Chapter 11 Article III Marine Activities, Structures and Ways regarding student licenses, and will take any appropriate action. (Marine Resource Committee) HEARING/ACTION 149. The Town Council will hear public comments regarding a Property Tax Assistance Program, and will take any appropriate action. (Town Manager Eldridge) HEARING/ACTION 150. The Town Council will hear public comments regarding Brunswick Landing Zoning Map amendments, and will take any appropriate action. (Town Manager Eldridge) NEW BUSINESS HEARING/ACTION 151. The Town Council will consider granting permission to the Brunswick Police Department to apply for, and if awarded, to expend, four grants through the Maine Bureau of Highway Safety, and will take any appropriate action. (Police Department) ACTION 1

2 152. The Town Council will consider leasing Town-owned property near the Water Street Boat Launch to the Brunswick Sewer District, who would then sublease this land to the Merrymeeting Community Rowing Association to enable construction of a boat and scull storage area, and will take any appropriate action. (Town Manager Eldridge) ACTION 153. The Town Council will consider the acceptance of a portion of Botany Place Drive, and will take any appropriate action. (Town Manager Eldridge) ACTION 154. The Town Council will consider the acceptance of Ledgewood Drive, and will take any appropriate action. (Town Manager Eldridge) ACTION 155. The Town Council will consider the acceptance of the proposed new section Pine Street, constructed between Bath Road and the remaining public portion of Pine Street, and will take any appropriate action. (Town Manager Eldridge) ACTION 156. The Town Council will consider proposed amendments to the Capital Improvement Program Policy, and will take any appropriate action. (Town Manager Eldridge) ACTION 157. The Town Council will consider amending the Town of Brunswick Group Dynamic Plan document language to align with the contents of each respective Collective Bargaining Unit, only to the Medical Flexible Spending Account (FSA) language as negotiated, and will take any appropriate action. (Town Manager Eldridge) ACTION CORRESPONDENCE/COMMITTEE Councilors will provide brief updates of recent committee meetings. CONSENT AGENDA a) Approval of the minutes of November 19, 2018 INDIVIDUALS NEEDING AUXILIARY AIDS FOR EFFECTIVE COMMUNICATION SHOULD CONTACT THE TOWN MANAGER S OFFICE AT (TDD ) To Town Council: towncouncil@brunswickme.org 2

3 Brunswick Town Council Agenda December 3, 2018 Council Notes and Suggested Motions MANAGER S REPORT a) Dog license reminder: 2019 dog licenses are available in the Town Clerk s office. To renew by mail include the dog s name and rabies vaccination certificate. The cost is $6 for a spayed or neutered dog and $11 for a non-altered dog. The fee goes up substantially after January 31 st. For more information, check the Clerk s page on the Town s website. b) Holiday Trash & Recycling Schedule: No curbside trash & recycling collection on December 25 th and January 1 st. The makeup days will be December 29 th and January 5 th. The Public Works Department and the Graham Road Landfill will be closed on December 25 th and January 1 st. Christmas trees undecorated and unbagged will be picked up between January 2 nd 15 th on your normal trash day. For more information, call Public Works or visit the Town s website. c) Social Services Funding: The Town Manager is recommending that for the budget, the Town include no grant funding to charitable organizations. A copy of a memo from Town Manager Eldridge is included in the packet. d) Town Hall Closed December 24 th : Town Hall will be closed on December 24 th. Nonunion employees will have the option of working, using vacation time or compensatory time for the day, while AFSCME members (who receive one-half day pay for the 24 th ), may cover the rest of the day by working, using vacation time or compensatory time. PUBLIC HEARING 148. Notes: This is a continuation of the Charter-required public hearing for amendments to Chapter 11, Article III Marine Activities, Structures and Ways regarding student licenses that began at the November 19, 2018, Council meeting. The Brunswick Marine Resource Committee voted unanimously at its October 3, 2018, meeting to recommend these amendments to the Town Council. The recommendations include changing the student licensee harvesting days from year-round to summers only and establishing a daily quota and an annual report; changing the age of participation and adding an educational requirement; and prohibiting resale of any shellfish licenses that are surrendered, revoked or suspended. A copy of a memo from Dan Devereaux, the draft changes, and the Appendix B of the Master Schedule of Revenues, Charges, Fees and Fines are included in the packet. Option for the Council if they choose to vote this evening - suggested motion: Motion to suspend the Council Rules to allow the Council to vote on this item at this meeting. 3

4 Suggested Motion: Motion to approve proposed amendments to Chapter 11 Article III Marine Activities, Structures and Ways regarding changes to student licenses Notes: This is the required public hearing for the Property Tax Assistance Program, developed by the Finance Committee, along with input from staff and Council, which would establish a property tax rebate program for homeowners and renters aged 70 years and older, proposed to be funded annually through the budget process and contributions. The Committee requests that the Town Council set a public hearing on the proposed ordinance on December 3, A copy of a memo from Finance Director Julia Henze, a Draft Ordinance and Application Form, a survey of Property Tax Assistance Programs, the Brunswick results of the State Property Tax Fairness Credit, and a public hearing notice are included in your packet. Option for the Council if they choose to vote this evening - suggested motion: Motion to suspend the Council Rules to allow the Council to vote on this item at this meeting. Suggested Motion: Motion to approve the proposed Property Tax Assistance Program Notes: This is the required public hearing regarding amendments to the Brunswick Zoning Ordinance at Brunswick Landing. The Planning Board held a public hearing on October 23, 2018, regarding proposed zoning map amendments from Midcoast Regional Redevelopment Authority (MRRA), to clean up minor boundary errors and make it consistent with the intended uses illustrated in the Brunswick Naval Air Station (BNAS) Reuse Master Plan, and voted unanimously to recommend these amendments to the Town Council. Since the last meeting, a survey on rare and exemplary features on lot 632 and 56 has been performed by Kristen Puryear, an ecologist with the State of Maine Natural Areas Program. A copy of a memo from the Planning Board and Jared Woolston, Town Planner, explaining these changes and including applicable pages from the BNAS Reuse Master Plan, a letter containing comments from the Brunswick and Topsham Water District (BTWD), the letter of request for amendments from MRRA, and a letter from Kristen Puryear regarding the field survey are included in the packet. Option for the Council if they choose to vote this evening - suggested motion: Motion to suspend the Council Rules to allow the Council to vote on this item at this meeting. Suggested Motion: Motion to accept proposed zoning map amendments on Brunswick Landing to the Brunswick Zoning Ordinance. NEW BUSINESS 151. Notes: The Brunswick Police Department is requesting that the Town Council allow them to apply for and, if awarded, to expend four (4) separate grants from the Maine Bureau of Highway Safety. These grants occur yearly, and enable the Police to target 4

5 such areas as distracted driving, speed, seatbelt use and impairment. There is no out-ofpocket town match; the town s matching share is derived from the hours spent by the grant administrators, finance department and officers attending court. The Grants are: a) 2019 Speed Enforcement Grant of $7,200 b) 2019 Distracted Driving Grant of $2,731 c) 2019 Impaired Driving Grant of $7,200 d) 2019 Seatbelt Enforcement Grant of $4,096 Suggested Motion: Motion to approve four proposed grant applications for the Brunswick Police Department and approval to expend the grant monies, if awarded Notes: The Merrymeeting Community Rowing Association ( Association ) has requested to lease a portion of Town-owned property near the Water Street Boat Launch in order for them to construct a boathouse and racks to store sculls and other equipment. By leasing to the Brunswick Sewer District ( BSD ), who will then sublease to the Association, the facility could be constructed in an area adjacent to the BSD pump station property where BSD currently leases land to the Association. This would enlarge the area available for the Association s use. A copy of a memo from Town Manager Eldridge, s from Scott Bailey, President of the Association, the proposed lease, a survey map of the area to be leased, and an aerial photo of the area to be leased are included in the packet. Suggested Motion: Motion to approve a lease to the Brunswick Sewer Department of a portion of Townowned property near BSD pump station on Water Street, which they will then lease to the Merrymeeting Community Rowing Association for the purpose of constructing storage for their equipment Notes: Town Engineer Ryan Barnes has inspected the road work in the Botany Place Subdivision and has no objection to the Town s acceptance of this portion of Botany Place Drive. All work has been satisfactorily completed and the deed description is accurate and appropriate. A memo from Ryan Barnes, the boundary survey, surveyor certification, plan, road title, sewer and water acceptance, the warranty deed and the warranty letter are included in the packet. Suggested Motion: Motion to accept Botany Place Drive as a Town Road Notes: Town Engineer Ryan Barnes has inspected all road work associated with Ledgewood Drive and has no objection to the Town s acceptance of this road. All work has been satisfactorily completed and the deed description is accurate and appropriate. A memo from Ryan Barnes, the plan and the warranty deed are included in the packet. Suggested Motion: Motion to accept Ledgewood Drive as a Town road. 5

6 155. Notes: Bowdoin College has requested that a portion of Pine Street that has been completed be conveyed to the Town in accordance with the terms of the Easement Agreement between Bowdoin College and the Town executed November 7, Suggested Motion: Motion to accept the new portion of Pine Street as a Town Road Notes: The Finance Committee is recommending several amendments to the Capital Improvement Program (CIP) Policy to bring the policy in line with the CIP practice of the past several years. The changes include finalizing the CIP in the first part of the new year rather than by December 31 st, which is helpful for preparation of the Town Manager s budget presentation to the Council in March, and an establishment of a Facilities Repair Program and an IT/Cable TV Equipment Reserve, because the Vehicle/Equipment Replacement Reserves established in 2013 have proved a very successful method to smooth funding and encourage long-term planning for the Town s fleets of vehicles and equipment. A copy of a memo from Julia Henze, Finance Director, and a redlined draft of the CIP policy reflecting the proposed changes are included in the packet, and Ms. Henze will be at the meeting to answer any questions. Suggested Motion: Motion to approve the proposed amendments to the Capital Improvement Program Policy Notes: Town Unions for AFSCME and BECOA have negotiated an amendment to their annual flexible spending account maximums for the upcoming benefit year. The Town would like to amend the document language within the AFSCME plan description and create a new plan description for the BECOA Union. A copy of a memo from Human Resources Manager, Jessica Factor, is included in the packet, and Town Manager Eldridge will be available for questions. Suggested Motion: Motion to amend document language changes specific to the Medical Flexible Spending Account (FSA) in the AFSCME Summary Plan Description, and to create a new Summary Plan Description for BECOA, to align with the negotiated contracts. CORRESPONDENCE/ COMMITTEE REPORTS Councilors will provide brief updates on recent committee activities. CONSENT AGENDA a) Approval of the minutes of November 19, 2018 Suggested Motion: Motion to approve the Consent Agenda Suggested Motion: Motion to adjourn 6

7 MANAGER S REPORT MEMO

8 Town of Brunswick, Maine OFFICE OF THE TOWN MANAGER MEMORANDUM TO: FROM: Town Council John Eldridge Town Manager DATE: November 27, 2018 SUBJECT: Town Manager s Report (a) (d) December 3, Town Council Meeting Dog Licenses (a) Dog Licenses for the 2019 calendar year are now available at the Town Clerk s Office. If the dog owner s is on file the Clerk s office will send a reminder . If you no longer have your dog(s), please call the Town Clerk s office at You may renew by mail or at the Town Hall, Monday, Tuesday, Wednesday 8:30 am to 4:30 pm; Thursday 8:30 am to 6:00 pm; and Friday 8:30 am to 3:00 pm. If owners wish to license by mail, include the dog s name and rabies vaccination certificate. The cost is $6 for a spayed or neutered dog and $11 for a non-altered dog. To avoid a late fee, renew prior to January 31. Holiday Trash pick-up and Graham Road Landfill Hours (b) The Graham Road Landfill will be closed, and there will be no curbside collection, on December 25 th and January 1 st. There will be make-up collections on Saturdays, December 29 th and January 5 th. Social Services Funding (c) The Town of Brunswick Social Services Policy requires the Town Manager advise the Town Council of the amount of funding the Manager will propose be included in the upcoming operating budget. Other than one grant in the budget, the Town has not included social service agency funding in a budget since I have attached a memo recommending that no social service funding be included in the budget. Town Hall Closed December 24 th (d) Given December 24 th is on a Monday this year, and that all AFSCME employees receive one-half day pay for the 24 th, I intend to close Town Hall to the public on December 24 th. AFSCME employees will have the option of working, or using vacation or compensatory time for the remainder of the day. Others will have the option of working, or using vacation or compensatory time for the full day. Attachments O:\Council\Council By Year\Council 2018\Memo Manager's Report docx

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12 Town of Brunswick, Maine OFFICE OF THE TOWN MANAGER MEMORANDUM TO: FROM: Town Council John Eldridge Town Manager DATE: November 20, 2018 SUBJECT: Social Services Funding The Town of Brunswick adopted a Social Service Funding Policy in That policy defines the composition and duties of the Social Services Committee. One of the Committee s duties is consulting with the Town Manager to determine the level of funding to be included in the ensuing municipal budget. For the following reasons, I am recommending that the Town include no grant funding to charitable organizations in the budget. potential impact (current and future) of proposed large capital expenditures; need to fully fund long term maintenance and capital reserves; uncertainty of the impact of State budget decisions; potential establishment of a new local property tax circuit breaker; anticipated cost increases associated with public transportation, solid waste disposal, and other items; continued pressure on property taxes. With the only exception being a single $10,000 grant funded in the municipal budget, the Town has not included any social service agency funding in its budget since the budget. If the Council were to decide to include funding in the budget, the policy recommends that it be no more than $20,000 in the aggregate. Further, the Social Services Committee would need to be appointed, and we would need to notify agencies that we were accepting applications. Absent direction to the contrary, I will not be including social service agency funding in the budget. 1 Social Service Funding Policy, Adopted by Town Council, April 4, O:\Council\Council By Year\Council 2018\Memo Social Services Funding docx

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15 Town of Brunswick, Maine INCORPORATED 1739 MARINE RESOURCES & HARBOR MANAGEMENT 85 PLEASANT STREET BRUNSWICK, MAINE TELEPHONE FAX Daniel R. Devereaux Marine Resource Officer Harbormaster 10/25/2018 To: Brunswick Town Council From: Daniel R. Devereaux HM CC: Brunswick Marine Resources Committee RE: Changes to Chapter 11 Marine Activities Structures and Ways Honorable Town Council, At the October 3, 2018 marine resource meeting the committee voted unanimously to recommend the following changes to the Chapter 11 Article III Marine Activities Structures and Ways. These recommendations were made after lengthy discussion including committee members, commercial shellfish harvesters, student harvesters, and parents of student harvesters. -Sec Categories. Staff Report: These recommendations change the student licensee harvesting days from year around and suggests students be restricted to summers only 6/15 to 9/1. The change also establishes a daily quota of 1 bushel of softshell clams and 1 bushel of quahogs. Current regulations allow students to harvest an unlimited amount of shellfish in the summer and during the school year on holidays and weekends. Several commercial clam diggers present at the meeting testified that allowing unlimited student harvests could impact the livelihoods of those depending on local shellfish resources for household incomes. Shellfish inventory data collected in 2017 doesn t support any claims of declining shellfish resources; however there are natural occurrences, such as predation, ocean acidification, milky ribbon worms and toxic algae blooms that have impacted shellfish populations in the past. -Sec Qualification of licensee. Staff Report: This recommends changing the age of participation in the program allowing the maximum age of 20 and the minimum age of 10. This also establishes educational requirement prior to any new student license application being accepted by the town clerk. This also establishes a requirement of renewing student s licensees to attend a minimum of two local, state, or regional shellfish meetings before license renewal, along with an annual report of amounts harvested the prior summer.

16 -Sec Application. Staff Report: This recommended change requires the applicant to list on the application for license each year the educational events and meetings attended, as well as, the amount of shellfish harvested prior year. -Sec Limitation on number of licenses. Staff Report: These recommended changes include changes in the license sales reporting dates. This is due to changes in the State of Maine Department of Marine Resources reporting requirements in MEDMR Chapter 7 rules and regulations regarding Municipal Shellfish Management Programs. These changes would also prohibit the resale of ANY shellfish licenses that are surrendered, revoked or suspended to be resold to another applicant. Please feel free to contact Fran Smith or myself if you have any questions regarding the recommended changes of Chapter 11 that have been suggested by the BMRC. Respectfully Submitted, Daniel R. Devereaux

17 Town of Brunswick Draft Changes to Student Shellfish Chapter 11 MARINE ACTIVITIES, STRUCTURES AND WAYS [1] ARTICLE III. SHELLFISHING [4] DIVISION 1. GENERALLY Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Aquaculture. means the culture or husbandry of marine organisms by any person. Storage or any other form of impounding or holding wild marine organisms, without more, shall not qualify as aquaculture. In order to qualify as aquaculture, a project must involve affirmative action by the lessee to improve the growth rate or quality of the marine organism. Bull Rake a long handled rake with basket attached. Bull rakes are designed to harvest shellfish that are beneath the surface of the water Bushel means a measurement consisting of four (4) pecks or thirty-two (32) quarts of shellfish. Certified municipal shellfish conservation warden means the law enforcement officer appointed by the town council to enforce this article. Coastal waters means all waters of the town within the rise and fall of the tide and within the marine limits of the jurisdiction of the town. Commercial shellfish harvester means a person who harvests shellfish with profit as a primary aim. Deputy Marine Warden is an employee of the Brunswick Police Department that has attained preservice law enforcement certification from the Maine Criminal Justice Academy and is appointed as a Municipal Shellfish Conservation Warden to enforce this article. Immediate family means spouse and children. Lot means the total number of softshell clams in bulk pile. Where softshell clams are in a box, barrel or other container, the contents of each box, barrel or other container constitutes a separate lot. Notification means, unless otherwise stated herein and for the purposes of hearing notices under this article, mailing by certified mail to the last known address.\ Marine Warden is an employee of the Brunswick Police Department that has attained fulltime law enforcement certification from the Maine Criminal Justice Academy, and has been appointed by the Town as the Municipal Shellfish Conservation Warden to enforce this article. Possession means to have in one's custody or control, either personally or by another who is under one's control anywhere within the municipal boundaries. Resident means a person who has physically resided at a fixed, permanent, and principal home in the town for at least three (3) months next prior to the time his claim of residence is made. Shellfish means softshell clams (Mya arenaria), quahogs (Mercenaria mercenaria), razor clams (Ensis directus), American oysters (Crassostrea virginica), and European oysters (Ostrea edulis). Take means to remove or attempt to remove a shellfish from its natural habitat. Sec Authority. Page

18 This article is enacted in accordance with 12 M.R.S.A Sec Purpose. The purpose of this chapter is as follows: (1) To regulate the harvesting of shellfish in the town. (2) To provide management programs in the town for the sustainability of shellfish in a manner consistent with the production of a reasonable yield to sustain commercial shellfish harvesters. Sec Conservation, management of resources. It is hereby determined as follows: (1) The coastal waters of the town are a very valuable shellfish resource which is important to the local economy. (2) These marine resources are not an inexhaustible resource, and, therefore, they must be prudently managed in order to remain viable. (3) As part of the management process, it is deemed vitally necessary to undertake efforts to enhance the propagation of shellfish and to restrict the taking of shellfish by limiting shellfish licenses; restrict the size and quantity of shellfish which may be harvested; and, take other measures as outlined in this chapter. Sec Enforcement. The chapter shall be enforced by the certified municipal shellfish conservation warden who has met the requirements set forth in the Maine Department of Marine Resources Chapter 4 Regulations. Sec Penalty. A person who violates this chapter shall be punished as provided in 12 M.R.S.A A person who takes or possesses shellfish in violation of a municipal ordinance commits a violation with significant fines and license suspensions. Sec Amendment. A certified copy of an amendment to this article shall be filed with the commissioner of marine resources within twenty (20) days of its adoption to preserve its validity. Secs Reserved. DIVISION 2. MARINE RESOURCE COMMITTEE [5] Sec Established, members, etc. There is hereby established a marine resource committee consisting of seven (7) members and two (2) alternates to be appointed by the town council. The members must include three (3) town licensed resident commercial shellfish harvesters, three (3) residents of the community who do not possess a town or state shellfish license and one (1) town licensed resident recreational shellfish harvester. The Two (2) alternate members can be from any category and may fill a vacancy to constitute a quorum. Members and alternates shall be appointed for three-year terms. The town council shall appoint a person to fill a vacancy for the unexpired term. The committee shall choose a chairman, vice-chairman and secretary. The chairman shall preside at all meetings of the committee. The vice-chairman shall preside in the chairman's absence. Minutes of each meeting shall be filed with the town clerk. Any committee member Page

19 who has three (3) or more unexcused absences from committee meetings in a year may be removed and replaced with a new member by the town council Sec Powers and duties. The marine resource committee shall have the following powers and duties: (1) To administer and coordinate the shellfish sustainability program. (2) To recommend to the town council how the money appropriated for shellfish sustainability programs should be spent. (3) To survey the coastal waters to obtain and maintain current information on shellfish resources, including: a. The determination of size frequency. b. The determination of growth rate. c. The estimation of the available standing crop. d. The estimation of potential yield. e. The identification of sources of harmful pollution. f. The identification of other resource problems, such as green crab predation and mussel competition. (4) To determine the current level of use of the shellfish resources. (5) To cooperate with the Department of Marine Resources and others in carrying on experimental programs. (6) To prepare and promulgate a shellfish management plan in cooperation with the Department of Marine Resources based on the results of the shellfish survey, recommending area rotation, seeding, transplanting, predator control, and the opening and closing of the coastal waters. (7) To collect harvest data documenting local values of shellfish resources. (8) To make an annual written report to the town and the Department of Marine Resources detailing funds available, expenditures made, shellfish population data, results of all conservation and experimental programs, enforcement activities, and sources of pollution, predation, competition and other resource problems. (9) To establish annually in conjunction with the Department of Marine Resources the number of commercial shellfish harvesting licenses to be issued. Secs Reserved. DIVISION 3. SHELLFISH REGIONAL ADVISORY COMMISSION [6] Secs Reserved. DIVISION 4. LICENSE [7] Page

20 Sec License required. A person shall not take or possess shellfish from coastal waters of the town without first obtaining a license from the town clerk or the town clerk's designee. Sec Categories. (a) There are seven (7) types of licenses as follows: (1) Resident commercial shellfish license. This license entitles the licensee to harvest any amount of shellfish from the coastal waters of the town where and when it is otherwise lawful to do so. (2) Nonresident commercial shellfish license. This license entitles the licensee to take or possess any amount of shellfish from the coastal waters of the town where and when it is otherwise lawful to do so. (3) Resident recreational shellfish license. This license is available to residents and nonresident owners of real estate within the town as well as immediate family members of nonresident real estate owners within the town and entitles the licensee to take or possess no more than one (1) peck of shellfish in any one (1) twenty-four-hour period from the coastal waters of the town, not for sale, for personal use only, where and when it is otherwise lawful to do so. (4) Nonresident recreational shellfish license. This license entitles the licensee to take or possess no more than (1) peck of shellfish in any one (1) twenty-four-hour period from the coastal waters of the town, not for sale, for personal use only, where and when it is otherwise lawful to do so. (5) Resident student shellfish license. This license allows the licensee to harvest from June 15 th to September 1 st and throughout the remainder of the license year during weekends and holidays where and when it is otherwise lawful to do so. This license allows the licensee to harvest commercially one (1) bushel of soft shell clams and one (1) bushel of quahogs per tide. (6) Nonresident student shellfish license. This license allows the licensee to harvest from June 15 th to September 1 st and throughout the license year during weekends and holidays where and when it is otherwise lawful to do so. This license allows the licensee to harvest commercially one (1) bushel of soft shell clams and one (1) bushel of quahogs per tide. (7) Bushel license. This license allows the licensee to harvest commercially one (1) bushel of soft shell clams and one (1) bushel of quahogs per tide. (b) The town shall provide ten (10) percent of all shellfish license categories to nonresidents. (c) Any license issued under this division is subject to the partial or total closing of coastal waters under section of this chapter. Sec Qualification of licensee. (a) Residency and other qualifications. (1) An applicant for a resident commercial shellfish license shall be a resident of the town whose municipal and state shellfish license is not currently under suspension. (2) An applicant for a nonresident commercial shellfish license is any person who is not a resident of the town whose municipal and state shellfish license is not currently under suspension. (3) An applicant for a resident recreational shellfish license must be either a resident of the town or nonresident owner of real estate within the town or immediate family member of nonresident owner of real estate within the town and whose municipal and state commercial shellfish license is not currently under suspension. (4) An applicant for a nonresident recreational shellfish license is any person who is not a resident of the town and whose municipal and state commercial shellfish license is not currently under suspension. Page

21 (5) The place of residence of an applicant as stated on any other license is not determinative of the applicant's true place of residence. Where necessary, the town clerk shall require the applicant to produce evidence of his residence before issuing the license. (6) An applicant for a resident student shellfish license shall be a resident of the town who is actively enrolled in a primary or secondary school or who is receiving approved home instruction, who is at least ten (10) years of age but less than twenty (20) years of age as of the date of license application. has attained his or her thirteenth birthday but has not yet attained his or her twenty-first birthday as of March 1 of the year of application and whose shellfish is not under suspension pursuant to this chapter. The applicant shall be enrolled full-time in a primary or secondary school or educational program. (7) An applicant for a nonresident student shellfish license shall be a nonresident of the town who is actively enrolled in a primary or secondary school or who is receiving approved home instruction, who is at least ten (10) years of age but less than twenty (20) years of age as of the date of license application. has attained his or her thirteenth birthday but has not yet attained his or her twenty-first birthday as of March 1 of the year of application and whose shellfish is not under suspension pursuant to this chapter. The applicant shall be enrolled full-time in a primary or secondary school or educational program. (8) Prior to applying for a student shellfish license for the first time, the applicant shall attend at least one educational event sponsored by the Town Marine Resources Committee. Attendance at such an event will be verified by the Marine Resources Officer or the Town Clerk. (9) In order to be eligible to seek to renew his/her license, a student must have attended at least at two local, state or regional shellfish meetings between June 15th and the second Friday of April in the current licensing year. Attendance at such an event will be verified by the Marine Resources Officer or the Town Clerk. Failure to do so will result in denial of the application. The student must provide a shellfish species harvest report annually. (10) A qualified applicant for a bushel license shall be an individual who has reached the age of sixty (60) and has previously held a commercial license for the last eight (8) out of ten (10) years, or held a bushel license in the prior year. An applicant who applies for and receives a bushel license will lose all credit for having held a commercial license in prior years for purposes of any future application for a commercial license. A recipient of a bushel license will be guaranteed a bushel license in future years if all other requirements of this chapter are met. (b) Conservation time. A licensed commercial shellfish harvester must obtain a total of ten (10) ten conservation credit points between May 1 and February 15 in order to remain eligible to obtain a license for the next licensing year. Bushel license holders are exempt from any conservation time requirements. Student shellfish license holders and commercial license holders over the age of sixtytwo (62) as of the date of the application deadline set forth in section are exempt from any conservation credit requirements. (1) Conservation credit activities. Participation in any of the following activities results in the granting of conservation credit as specified: Participation in any one (1) of the following activities shall deem a harvester eligible to receive two (2) conservation credit points per event attended: a. Documented attendance at a Brunswick Marine Resource Committee meeting or Brunswick Marine Resource Committee public hearing. b. Documented attendance at a regional or state shellfish management committee meeting. c. Documented attendance at a shellfish conference or shellfish advisory meeting. Page

22 Participation in any one (1) of the following activities shall deem a harvester eligible to receive five (5) conservation credit points per event attended: a. Participation in a Brunswick Marine Resource Committee sponsored shellfish reseeding project. b. Participation in a Brunswick Marine Resource Committee sponsored shellfish enhancement project. c. Participation in Town of Brunswick annual shellfish surveys. d. Participation in Town of Brunswick shellfish growing area water quality monitoring event. e. Participation in an organized environmental shellfish growing area restoration event within the Town of Brunswick. f. Participation in non-point pollution identification or remediation project within the Town of Brunswick. g. Participation in a Town of Brunswick shellfish predation control project or habitat restoration effort. A currently licensed harvester who does not complete the required conservation time credit will not receive a license for the next license year. The accumulation of conservation credit must be completed by February 15 of the current license year. (2) Documentation of conservation credit. Participation in any of the conservation credit activities specified in this section must be documented. Documentation shall be in the form of a signature on an event sign in sheet, name appearing as an attendee in official meeting minutes, receipt of conference registration, or records maintained by the Brunswick Marine Warden or designee, in order for conservation credit points to be awarded. All records and conservation credit logs will be maintained by the marine warden and will be held in the shellfish warden's office. (3) Determination of conservation credit completion. By the second Monday in March, the marine warden shall compile documented conservation time of each individual harvester and forward a list of those harvesters determined to have satisfied the conservation credit requirement to the town clerk. Harvesters included on the list submitted by the marine warden shall be eligible for a commercial license for the upcoming license year if a notice of intent has been filed by the deadline. (4) Approved absence from conservation credit requirement. Harvesters who have not completed a full ten (10) points of conservation credit in a given license year are only eligible for a license if their absence from participation in conservation credit activities are approved by the marine resource committee. Approved absences may include an extended and documented illness, or an extended illness of an immediate family member that is under the immediate care of the harvester. Requests for a determination of approved absence must be made in writing to the marine warden and must be submitted to the marine resource committee no later than February 10. The request shall include evidence to support an approval of absence determination. The marine resource committee will rule on the absence at its March meeting. If the absence is approved, the harvester will be required to make up the remaining conservation credit points during the next license year. Sec Application. Page

23 (a) The application for a license required under this chapter shall be in the form of an affidavit and shall be signed by the applicant and acknowledged by the town clerk. It shall contain the applicant's name, physical location of residence, mailing address, period of residence, date and place of birth, height, weight, eye and hair color, and such other necessary information as the town clerk may require. The resident address shall be the physical location of the residence. The mailing address shall be such that the applicant utilizes to receive mail from the U.S. Postal Service. It must be signed by the applicant and acknowledged by the town clerk. The town clerk shall note on the application the date the license was issued. The town clerk shall file the application with the records. (b) An application for a student shellfish license shall also be in the form supplied by the Town Clerk, which and shall include: (1) Proof that the applicant has attained his or her thirteenth birthday but has not yet attained his or her twenty-first birthday as of March 1 of the license year. Prior to holding a student shellfish license for the first time, an applicant must attend at a Town Marine Resources Committee sponsored educational event held. Attendence at such an event will be verified by the Marine Resources Officer. (21) Proof of residency. (32) Proof of enrollment in a school or state approved educational program. (43) A letter of recommendation from the superintendent or equivalent official in the school or educational program. (4) Information or evidence regarding educational event attended (first-time applicants) or regional shellfish committee meetings attended and amount harvested (renewal applicants) See Section (a)(8) and (9). An application for a student shellfish license shall include a statement in bold print: THE RECEIPT OF A STUDENT SHELLFISH LICENSE OR LICENSES PROVIDES NO CREDIT IN THE COMMERCIAL LICENSE SELECTION PROCESS. Sec Misrepresentation; change of residence. (a) It shall be a violation of this article for any person to falsify or give false information in connection with a shellfish license application. In addition to any criminal penalties which may result from a violation of this chapter, the shellfish license granted to any person who gives false information on a shellfish license application shall be void after notice and hearing. (b) A person holding a resident commercial shellfish license or a resident student shellfish license shall physically reside at a fixed, permanent, and principal home in the town during the license period, or shall surrender the license. If a person does not do so, the license shall be void after notice and hearing. (c) A person holding a resident recreational shellfish license shall physically reside at a fixed, permanent, and principal home in the town or be a nonresident owner of real estate within the town or immediate family member of nonresident real estate owner within the town during the license period, or shall surrender the license. If a person does not do so, the license shall be void after notice and hearing. (d) A person applying for, or holding a shellfish license under this chapter, shall notify the town clerk within ten (10) business days of an address change, regardless of whether the address change is also a change of residency. Sec Fees. The applicant for a license under this chapter shall pay a fee in accordance with the Master Schedule of Revenues, Charges, Fees and Fines, Appendix B to this Municipal Code of Ordinances. Page

24 Sec Exhibition of license. When any person is engaged in any activity which is licensed under this chapter, that person shall, on request of a certified municipal shellfish conservation warden, exhibit his license. Sec Consent to inspection for shellfish. A certified municipal shellfish conservation warden, within the warden's jurisdiction, has all the search powers of a marine patrol officer under Title 12, Section 6025(4). Those powers currently include the power to search without a warrant, upon probable cause, any watercraft or container containing marine organisms possessed or taken in violation of this article. Sec Stopping for inspection. It shall be unlawful for the operator of a motor vehicle, boat, vessel, or conveyance of any kind, or any person: (1) Stopping. To fail or refuse to stop immediately upon request or signal of any certified municipal shellfish conservation warden in uniform. (2) Remaining stopped. After he has so stopped, to fail to remain stopped until the certified municipal shellfish conservation warden in uniform reaches his immediate vicinity and makes known to that operator the reason for the request or signal. (3) Standing by. To fail or refuse to stand by immediately for inspection on request of any certified municipal shellfish conservation warden in uniform. (4) Throwing or dumping items. Who has been requested or signaled to stop by a certified municipal shellfish conservation warden in uniform to throw or dump into any coastal waters any shellfish, or any pail, bag, barrel or other container of any type or the contents thereof before the certified municipal shellfish conservation warden in uniform has inspected the same. Sec Limitation on number of licenses. (a) The shellfish resources are limited. A commercial, recreational, bushel or student shellfish harvester can be expected to harvest a certain volume of shellfish per year; therefore, the number of shellfish harvesters must be controlled to preserve the shellfish resource. The number of available shellfish licenses of each type will vary from year to year according to the findings and estimates of the marine resource committee and the state marine resource regional biologist based on data concerning resource capabilities and management requirements consistent with proper resource utilization as determined by shellfish population surveys conducted pursuant to section Prior to the first Friday in February March, the marine resource committee will set the number of recreational licenses. Commencing with the first Monday of April, the town clerk shall issue resident recreational licenses until the allotted numbers have been issued. Commencing with the first Monday in April, the town clerk shall maintain a chronological list of nonresidents seeking recreational shellfish licenses. When the number of resident recreational shellfish licenses reaches a number where a nonresident recreational shellfish license may be issued, the town clerk shall by telephone and U.S. mail attempt notification of the applicant with the highest priority on the list. That person shall purchase the license within seven (7) business days from the date notification is attempted. If the purchase is not made in that time period, that person loses their priority and the town clerk shall attempt notification of the next person on the list using the same process. (b) The following procedure will be followed to control commercial and bushel license availability: (1) Prior to January 15 of each year, the town clerk will make available a notice of intent. The notice shall also be published in a trade or industry publication or in a newspaper or combination of newspapers with general circulation which the municipal officers consider effective in reaching persons affected no later than by January 15 and shall be posted in the municipal offices no later than January 15 until the end of business on the second Friday of March. Page

25 Any person who does not complete and return to the town clerk by end of business on the second Friday of March a fully completed notice of intent on the form prepared by the town clerk along with satisfactory proof of residency two (2) proofs of residency, shall not be eligible to be an applicant for a resident or nonresident commercial license in the next coming license period, provided, however, that any person having missed the filing deadline of the second Friday of March may pay a nonrefundable late fee identified in the Town of Brunswick master fee schedule by the third Friday of March and the late fee shall be accompanied by the notice of intent form and satisfactory proof of residency two (2) proofs of residency,. The late fee shall be in addition to those fees required under section Any person who does not file a notice of intent for two (2) successive license periods, shall not be considered as previously having held a Brunswick resident or nonresident commercial shellfish license. Any person who does not complete and return to the town clerk by the end of business on the second Friday of March a fully completed notice of intent on the form prepared by the town clerk along satisfactory proof of residency two (2) proofs of residency, shall not be eligible to be an applicant for a bushel license in the next coming license period and shall not be considered as previously having held a bushel license, provided, any person having missed the filing deadline of the second Friday of March may pay a nonrefundable late fee identified in the Town of Brunswick master fee schedule by the third Friday in March and the late fee shall be accompanied by the notice of intent form and satisfactory proof of residency two (2) proofs of residency. The late fee shall be in addition to those fees required under section The notice of intent must be delivered in person, and must be received by the town clerk by the end of business on the second Friday of March, or, in the case of payment of a late fee, must be delivered in person and received by the town clerk by the third Friday of March. In the event the Brunswick municipal offices are closed during any portion of the normal office hours on either of these dates, the deadline for submitting a notice of intent shall be extended to the close of business on the next normal business day the municipal offices are open. An applicant on active military duty, whether because of enlistment or activation by a proper authority, may preserve, but not advance, that applicant's status in the commercial license selection process by returning a notice of intent to the town clerk by the second Friday of March. The active duty applicant need not deliver the notice of intent in person. The active duty applicant must include proof from a military authority that the applicant is on active duty and that the applicant is a resident of Brunswick, Maine, as defined in this chapter. The applicant is not required to participate further in the commercial license selection process, and the applicant shall not be reduced in the commercial license classes in any year the applicant complies with this paragraph. (2) Prior to the first Friday in March, February the Marine Resource Committee will establish the number of commercial shellfish licenses and bushel licenses to be made available. The Brunswick Marine Resource Committee shall use the following protocols in order to determine the number of resident commercial shellfish licenses and bushel licenses: a. Shellfish. A shellfish inventory including all growing areas within the Town of Brunswick jurisdiction shall be completed every two (2) years, or upon the recommendation of the marine resources officer or the marine resources committee. b. Standing crop analysis, as determined by the shellfish population surveys. c. License availability, based on the standing crop analysis. d. Historical harvest data, as determined by the Maine Department of Marine Resources. e. Harvester and public input. f. The committee must take into account all of the above factors in determining the number of resident commercial shellfish licenses to be made available. However, the final number of Page

26 licenses made available shall not vary more than fifteen (15) percent from the number determined solely by the standing crop analysis under criterion (c) above. (3) The Marine Resources Committee will notify the town clerk in writing prior to the second Friday of February march of the number of shellfish licenses, by type and class, to be made available for issue. Prior to the last business day of February the Town Clerk will submit the license allocation request to the Department of Marine Resources Municipal Shellfish Management Program. If the town is notified by the Maine Department of Marine Resources of an impending closure or opening of harvestable acreage after the second Friday in February March, the committee shall recalculate the number of commercial shellfish licenses made available, and notify the town clerk in writing prior to the first Monday in March April. The town clerk will prepare a list of the persons eligible for licenses in classes A through K in subsection (4) and those persons eligible for any bushel licenses. The public notification of license availability shall include a statement that the list is posted at the town office. No shellfish licenses may be reserved and licenses cannot be transferred or resold by applicants. Applicants for a shellfish license who meet the requirements of this article must obtain the shellfish license in person unless the applicant has filed with the town clerk a notarized statement designating a certain other person to obtain the license on the applicant's behalf or unless medically unable to do so. A person medically unable to obtain the shellfish license may send another person who shall present to the town clerk written authorization and a written statement from a physician regarding the applicant's condition. (4) The town clerk shall issue resident commercial and nonresident commercial licenses according to the selection process described below. Resident applications and nonresident applications shall be segregated in each class. The classes shall be followed in descending order. A number equivalent to ten (10) percent of the total number of resident commercial licenses, regardless of class, shall be issued to nonresident commercial applicants. The classes are: RESIDENT a. Applicants who have held resident commercial licenses for ten (10) of the last ten (10) years. b. Applicants who have held resident commercial licenses for nine (9) of the last ten (10) years. c. Applicants who have held resident commercial licenses for eight (8) of the last ten (10) years. d. Applicants who have held resident commercial licenses for seven (7) of the last ten (10) years. e. Applicants who have held resident commercial licenses for six (6) of the last ten (10) years. f. Applicants who have held resident commercial licenses for five (5) of the last ten (10) years. g. Applicants who have held resident commercial licenses for four (4) of the last ten (10) years. h. Applicants who have held resident commercial licenses for three (3) of the last ten (10) years. i. Applicants who have held resident commercial licenses for two (2) of the last ten (10) years. j. Applicants who have held resident commercial licenses for one (1) of the last ten (10) years. k. Applicants who have held resident commercial licenses for zero (0) of the last ten (10) years. NONRESIDENT a. Applicants who have held nonresident commercial licenses for ten (10) of the last ten (10) years. b. Applicants who have held nonresident commercial licenses for nine (9) of the last ten (10) years. Page

27 c. Applicants who have held nonresident commercial licenses for eight (8) of the last ten (10) years. d. Applicants who have held nonresident commercial licenses for seven (7) of the last ten (10) years. e. Applicants who have held nonresident commercial licenses for six (6) of the last ten (10) years. f. Applicants who have held nonresident commercial licenses for five (5) of the last ten (10) years. g. Applicants who have held nonresident commercial licenses for four (4) of the last ten (10) years. h. Applicants who have held nonresident commercial licenses for three (3) of the last ten (10) years. i. Applicants who have held nonresident commercial licenses for two (2) of the last ten (10) years. j. Applicants who have held nonresident commercial licenses for one (1) of the last ten (10) years. k. Applicants who have held nonresident commercial licenses for zero (0) of the last ten (10) years. On the first Wednesday of April, the town clerk shall issue licenses to the classes in which licenses are available for each applicant. The licenses shall be purchased by the end of business on the tenth business day after issuance. In the case a licensee fails to pick up their designated license within the above time frame, the licensee will have an additional five (5) business days to purchase the license with a late fee identified in the Town of Brunswick master fee schedule. After the issuance of licenses to the classes in this subsection (4) in which licenses are available for each applicant, the remaining classes shall be issued licenses by lottery. The lottery shall apply to the classes alphabetically. If there is at least one (1) applicant in excess of the number of available licenses in a class, the town clerk shall also hold a lottery for the next class. The lottery shall be held on the last Friday of April. Beginning in 2018, if an applicant has applied for a commercial license for consecutive years and has not been successful in obtaining a license in the lottery, the applicant shall have their name entered into the lottery for each consecutive year they have applied beginning in 2016, for a maximum of 5 entries into the lottery. As applicant names are drawn by lottery, a list will be compiled showing order of eligibility. Licenses will be available for purchase after the lottery during regular town office business hours until the end of the first business day following the lottery. If, at the end of the first business day following the lottery, one (1) or more licenses remain in a class, the next eligible applicant(s) in that class will have two (2) days to purchase the license(s). If licenses remain after the issuance of licenses to each applicant in the classes in this subsection (4) during the first ninety (90) days of the issuance process, the town clerk shall issue licenses to residents or nonresidents according to the following process: The town clerk shall prepare public notification of license availability which shall be published in a newspaper of general circulation in the area by the second Friday of May and posted at the town office. The notification shall inform prospective applicants to file a lottery participation notice to seek a resident or nonresident commercial shellfish license. The lottery participation notice shall be on the form prepared by the town clerk, and available at the town clerk's office. Any person who does not complete and return the lottery participation notice to the town clerk by the end of business on the Friday following publication shall not be eligible to be an applicant. Page

28 The town clerk shall prepare a list of the persons eligible to compete for a license in this category. The list shall be posted at the town office. Resident applications and nonresident applications shall be segregated. On the second Monday immediately following the return deadline, the town clerk shall hold a lottery to select the applicant or applicants who shall receive licenses. Licenses shall be purchased by the end of business on Tuesday, the next day. If the licenses are not purchased by that time, they shall be offered to the next succeeding person or persons in the lottery who shall have two (2) business days after notification to purchase the license. If licenses remain after the first ninety (90) days of the issuance process, they shall be equally available to residents and nonresidents. If a license becomes available because it is suspended, rendered void or surrendered prior to the end of the license year, it shall not be reissued. offered to the next succeeding person, if any, identified in the initial lottery process according to the category of the license suspended, void or surrendered, resident or nonresident. That person shall have seven (7) business days after attempted telephone and U.S. mail notification to purchase the license. If no person remains from the initial lottery process, or if there was no initial lottery process, the license shall not be reissued. Nothing in this subsection shall be interpreted to restore or expand any other rights or waive any qualification provisions under this article. For the following license year, a person who held licenses in some or all of the proceeding ten (10) years and who qualified for a license during the period of issuance but did not receive a license, shall be in the class determined by this lottery license and previous licenses. A person who receives a license in this lottery and who has held no licenses for the preceding ten (10) years shall be in a class J for the following license year. If the Brunswick municipal offices are closed during any portion of the normal office hours on the first day set above for issuing licenses to a class, any remaining licenses for that class must be issued and purchased prior to closing of the municipal offices on the next normal business day the municipal offices are open. If the Brunswick municipal offices are closed during any portion of the normal office hours on the second day set above for issuing licenses to a class, any remaining licenses for that class must be issued and purchased prior to noon on the next normal business day the municipal offices are open. For the purposes of the above selection process, a license does not remain for a class in the descending order if a person in the class above is issued a license but does not purchase the license within the required time, and others in the class above did not obtain a license because the number of persons in the class above exceed the number of available licenses. Rather, the license shall be issued to the persons in the class above who did not obtain a license, by lottery if necessary. For the purpose of the above selection process, a person who was a Brunswick resident and subsequently established residency in another place outside the Town of Brunswick and obtained a resident commercial shellfish license in that place, shall not be considered as previously having a Brunswick resident commercial shellfish license. For the purposes of the above selection process, a person who is issued a license but does not purchase the license within the required time for two (2) successive license years shall not be considered as previously having a Brunswick commercial shellfish license. (5) The town clerk or the town clerk's designee shall begin to issue resident and nonresident recreational shellfish licenses on the first Monday in April. (c) Reserved. (d) The following procedure will be followed to control student shellfish license availability: Page

29 (1) Prior to the first Friday in February March, the Marine Resource Committee will establish the number of student shellfish licenses to be made available. Not less than ten (10) percent of the student shellfish licenses shall be made available to nonresidents, except that if the number established is five (5) or fewer, none is required to be made available to nonresidents, and if the number is more than five (5) but fewer than ten (10), at least one (1) is required. The Marine Resources Committee will notify the Town Clerk in writing prior to the second Friday of February March of the number of student licenses to be made available for issue. Prior to the last business day of February the Town Clerk will submit the license allocation request to the Department of Marine Resources Municipal Shellfish Management Program. (2) Notice of intent application for student licenses will be available on the first Friday in April at the Town Clerk's Office, 85 Union Street Brunswick. The town clerk shall publish a notice of availability of student notice of intent applications for shellfish harvesting in a newspaper of general circulation no later than the first Friday of April. Student harvesters must deliver a completed notice of intent to the town clerk's department, in person, by the end of business on the first Friday of May. If there are more applicants than there are licenses available, the selection process shall be by lottery. On the second Friday in May, the town clerk shall hold a separate lottery for each license category if needed to select the applicant or applicants who shall receive licenses. Licenses shall be purchased in person by the end of business on the third Friday of May. If the licenses are not purchased by that time, they shall be offered to the next succeeding person or persons in the lottery who shall have seven (7) business days after the town clerk by telephone and U.S. mail notifies the person or persons to purchase the license. If student shellfish licenses remain after the first ninety (90) days following the initial date available to purchase. of the issuance process, they shall be equally available to residents and nonresidents. If a license becomes available because it is suspended, rendered void or surrendered prior to the end of the license year, it shall not be reissued. (3) Student shellfish license holders will need to appear in person at the time they purchase their licenses to have their pictures taken for their licenses. The town clerk's office will issue mail out licenses to student license holders by June 10. (e) Notice of the dates, places, times and the procedures for the recreational license sales shall be posted on the Town s Web Page, published in a trade or industry publication, or in a newspaper or combination of newspapers with general circulation, which the municipal officers consider effective in reaching persons affected, not less than ten (10) days prior to the initial sale date and shall be posted in the municipal offices. A copy of the notice shall be provided to the commissioner of marine resources. Sec Suspension. (a) Violation of article. The town marine resource committee shall, after notice and hearing, suspend any and all licenses issued under this article if a person is convicted in court of violating any section of this article. (b) Suspension based on conviction in a town closed conservation area. The marine resource committee shall, after notice and hearing, suspend any and all licenses issued under this article when the license holder has been convicted in court of harvesting shellfish from a town closed conservation area. The suspension shall be one hundred eighty (180) days for a first conviction; and the remainder of the shellfish year for a second conviction. In addition, a person with a second conviction shall not qualify as an applicant for five (5) years from the date of the second conviction. (c) Suspension based upon violation of recreational license or bushel license requirement. The marine resource committee shall, after notice and hearing, suspend any and all licenses issued under this article when they find the harvester has violated the requirements of this article for recreational, student or bushel licenses. The suspension shall be twelve (12) months for the first finding. The suspension shall be for the balance of the license year for the second finding and, in addition, a harvester with a Page

30 second finding shall not qualify as an applicant for a recreational, student or bushel license for five (5) years from the date of the second finding. (d) The marine resource committee shall, after notice and hearing, suspend any and all licenses issued under this article, if the license holder refuses to allow inspection or seizure under section This suspension may not exceed two (2) years. (e) Length of suspension where otherwise not specified. The suspension of a license may not exceed the following: (1) Ninety (90) days for the first conviction. (2) The remainder of the license year for the second conviction. In addition, a harvester with a second conviction in a twelve-month period arising out of separate events shall not qualify as an applicant for a license for one (1) year. (f) Applicable standards. Any conviction for violations occurring more than five (5) years before the most recent date of violation resulting in a conviction shall not be counted in determining lengths of suspension. Sec Aiding and abetting. A harvester holding a commercial license or bushel license who aids or abets the harvest of shellfish in violation of this article shall be subject to the same penalties as the person he has assisted. Sec Suspension based on state shellfish license being suspended. The marine resource committee shall, after notice and hearing, suspend any and all licenses issued by this article when the license holder's State of Maine Department of Marine Resources Shellfish License is suspended. The suspension shall remain in effect until the license holder's State of Maine Department of Marine Resources Shellfish License is reinstated. Sec Hearing. If the certified municipal shellfish conservation warden presents to the marine resource committee evidence that any licensee has been convicted of violating this article or the licensee's State of Maine Department of Marine Resources Shellfish License has been suspended, the marine resource committee shall give the licensee seven (7) day s notice of the suspension of the license, stating the reason for the suspension. The licensee has the right to meet with the marine resource committee during that seven-day period to review the evidence of convictions or suspension in the marine resource committee's possession and to present any evidence showing the licensee does not have the convictions or the suspension. Sec Expiration. Resident commercial shellfish and nonresident commercial licenses and bushel licenses issued under authority of this article shall expire on the last Friday of April in the following calendar year. Resident student shellfish and nonresident student shellfish licenses issued under the authority of this article shall expire the third Friday of May in the following calendar year. Resident recreational and nonresident recreational licenses issued under authority of this article shall expire on the day before the first Monday of April. Secs Reserved. DIVISION 5. REGULATIONS Sec Opening and closing of coastal waters. (a) The marine resource committee, with the approval of the commissioner of marine resources, and the direct consent of the town council, and this consent to be given by the town council on an annual basis Page

31 at their first regular meeting after the organization meeting, may open and close coastal waters. Any opening or closing of coastal waters must be noticed at least 5 days in advance in a newspaper of common circulation to the Brunswick area. (b) The marine resource committee shall make findings of fact on the relevant evidence presented. They shall then make a conclusion based on those findings of fact as to whether opening of coastal waters as requested is warranted by the recovery of the resource; or the freedom from predation, competition or other resource problem. If so, the marine resource committee with the concurrence of the department of marine resources shall order the coastal waters opening and shall set such time limitations and other harvesting conditions as are consistent with good conservation practices. If the request is to close the coastal waters, the marine resource committee shall make a conclusion based on their findings of fact as to whether closing the coastal waters is warranted by depletion of the shellfish, destruction of existing seed; or predation, competition or other resource problem. If so, the marine resource committee shall order the coastal waters closed until further request for opening by the staff. All proposals for opening or closing of coastal waters shall be approved by the commissioner of marine resources prior to enactment. (c) When the marine resource committee opens or closes the coastal waters, the committee's action may be reviewed at a regularly or specially scheduled town council meeting. The town council may uphold, reverse or amend the opening or closing decision of the marine resource committee. Any proposed or requested changes to a closure or opening must first be approved by Maine Department of Marine Resources. (d) It shall be unlawful for any person to harvest, take or possess shellfish from any areas closed by the Town of Brunswick in accordance with DMR Regulation, Chapter 7. Harvesting shellfish in a closed area is a violation of this ordinance and is punishable under MRSA Title Sec Shellfish size and tolerance of harvest. A person shall not harvest or possess softshell clams which are less than two (2) inches in the longest diameter to the amount of not more than ten (10) percent of any lot; quahogs which are less than one (1) inch in at the hinge to the amount of not more than five (5) percent of any lot; razor clams which are less than four (4) inches or any European oysters which are less than three (3) inches in length. Sec Method of determining tolerance. The tolerance of ten (10) percent must be determined by a numerical count of not less than one (1) nor more than four (4) pecks taken at random from various parts of the lot. If the entire lot contains less than one (1) peck, the tolerance must be determined by numerical count of the entire lot. Sec Night shellfish harvesting prohibited. It is unlawful to harvest, take or possess shellfish from one (1) hour after sunset until one (1) hour before sunrise. The time table prepared by the Nautical Almanac Office of the U.S. Navy for Augusta, Maine will be the official time. Sec Sunday shellfish harvesting prohibited. It is unlawful for any commercial harvester to harvest or take shellfish from the coastal waters of the town on Sundays between June 1 st and October 1 st. Sec Harvesting Areas It shall be unlawful for a person to harvest shellfish from intertidal areas when they covered with water. Any areas of high water harvest shall be determined by the Brunswick Marine Resource Committee and approved by the Department of Marine Resources. Sec Leaving unguarded ice holes. Page

32 (a) Any person who removes ice or causes its removal from any stream, pond, lake, or coastal waters, within the jurisdictional boundaries of the Town of Brunswick, thereby leaving an opening that exceeds one and one-half (1½) feet in width or exceeds four and one-half (4½) feet in length, shall place a fence around the entire perimeter of the opening made by such removal as described below: (1) Wooden stakes or poles, no more that one and one-half (1½) inches in width and at least three and one-half (3½) feet in height above the surface of the ice shall be properly spaced around the perimeter of the opening. (2) Safety tape, no less that two (2) inches in width, shall be displayed in such a manner that it will enclose the entire perimeter of the opening in the ice. Safety tape shall have the name of the person responsible for creating the ice hole, along with that person's phone number and address, clearly printed in one-inch block letters. (3) The safety tape shall be suspended not less than three and one-half (3½) feet above the surface of the ice. (4) It shall be the responsibility of the person who removes the ice and erects the fence to retrieve the fence and tape when the opening has safely frozen over or before the melting of the ice at the end of the winter season. (b) Any person who removes ice or causes its removal from any stream, pond, lake, or coastal waters within the jurisdictional boundaries of the Town of Brunswick, thereby leaving an opening that is less than one and one-half (1½) feet in width and less than four and one-half (4½) feet in length, shall place a visual warning device of pine or evergreen boughs or any natural biodegradable debris such as tree limbs or brush around the entire perimeter of the opening made by such removal; provided, however, that an opening that is less than twelve (12) inches in diameter is exempt from the requirements of this section. APPENDIX B MASTER SCHEDULE OF REVENUES, CHARGES, FEES AND FINES Chapter 11 Marine Activities, Structures and Ways 11/16/20 15 Resident mooring $50.00 Non resident mooring $ Mooring in a commercial field $50.00 Moorings in a public mooring field $50.00 Helix mooring (replacement of regular) Free for 5 years Late registration (after deadline) Double fee Page

33 2/23/201 5 Violation of boat storage article $ /21/20 16 Residential commercial shellfish license $ Nonresident commercial shellfish license $ Resident recreational shellfish license/over age 62 $50.00/free Nonresident recreational shellfish license/over age 62 $75.00/free Resident student shellfish license $ Nonresident student shellfish license $ Bushel license $ Nonrefundable late fee for late letter of intent for commercial resident/nonresident per (b)(1) $ Nonrefundable late fee for a late letter of intent for a bushel license per (b)(1) $ Nonrefundable late fee for additional 5 business days to purchase the license per (b)(4) $ Page

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35 Town of Brunswick, Maine OFFICE OF THE TOWN MANAGER MEMORANDUM TO: FROM: Town Council John Eldridge Town Manager DATE: October 31, 2018 SUBJECT: Property Tax Assistance Program At the Town Council s August 20 th meeting, you discussed a proposal from the Finance Committee to create a property tax assistance program for qualified property owners and renters. The Town Council is now being asked to consider setting a December 3 rd public hearing on an ordinance that would formally establish the program. In summary, the proposed program would: Require the applicant be at least seventy (70) years old and have resided in a Brunswick homestead for at least ten (10) years; Require applicants to avail themselves of all State property tax (or rent) assistance programs available to them; Require applicants, who are property owners, to be current in the payment of their property tax obligations. The Finance Committee has proposed that the program be funded through an annual budget appropriation and that the budget appropriation serve as a cap on the total annual assistance provided. Further, no applicant would be eligible for assistance at an amount greater than the amount of tax remaining after applying the credit received under the State s Property Tax Fairness Credit program. Please find the following attachments: Property Tax Assistance Ordinance (DRAFT) Application Form Survey of Property Tax Assistance Programs Maine Property Tax Fairness Credit Brunswick results Public Hearing notice Finance Director Julia Henze will be available to answer questions related to this proposal. Attachments Memo Property Tax Assistance Program docx

36 TOWN OF BRUNSWICK PROPERTY TAX ASSISTANCE ORDINANCE Section 1. Purpose The purpose of this Ordinance is to establish a program pursuant to Chapter 907-A of Title 36 of the Maine Revised Statutes to provide property tax assistance to qualifying persons who reside in the Town of Brunswick. Under this program, the Town of Brunswick may provide tax rebate and rental rebate payments to those individuals who meet the criteria established by this Ordinance. Section 2. Definitions Homestead: For purposes of this Ordinance, homestead shall have the same meaning as defined in 36 M.R.S.A KK(1)(C). Generally, a homestead is a dwelling owned or rented by the person seeking tax assistance under this Ordinance or held in a revocable living trust for the benefit of that person. The dwelling must be a permanent residence, occupied by that person and that person s dependents as a home. Homestead Exemption: The State of Maine property tax exemption for all individuals who have owned a permanent residence in Maine for twelve (12) months as of April 1. Established by the State of Maine pursuant to 36 M.R.S.A. 683, as may be amended from time to time. Property Tax Assistance Program: The program established by the Town of Brunswick under this Ordinance. Also referred to as the Program. Property Tax Assistance Program Fund: The special revenue fund established by the Town of Brunswick under this Ordinance. Also referred to as the Program Fund. Property Tax Fairness Credit Program: The property tax credit established by the State of Maine pursuant to 36 M.R.S.A KK, as may be amended from time to time. Rent constituting property taxes: The amount of annual rent paid which constitutes property tax, as calculated by the State of Maine Property Tax Fairness Credit program. Qualifying applicant: A qualifying applicant is a person who is determined, after review of a complete application under Section 4 of this Ordinance, to be eligible for a tax rebate or rental rebate payment under the terms of this Ordinance. Program Administrator: The Town Manager or his/her designee. Section 3. Funding of the Program Fund A special revenue fund entitled the Property Tax Assistance Program Fund as defined under the terms of this Ordinance shall be created to fund the payments under this Program. 1

37 The Town Manager may propose to the Town Council as part of his/her annual budget recommendation an appropriation of monies to fund the Program. Contributions and grants for the purpose of property tax and rent relief will be accepted and deposited into the Property Tax Assistance Program Fund. Payments under this Ordinance shall be conditioned upon the existence of sufficient monies in the Program Fund for the fiscal year in which participation is sought. If there are not sufficient monies in the Program Fund to pay all qualifying applicants in full under this Ordinance, payments shall be limited to the amounts available in the Program Fund on a pro-rata basis to each eligible participant based on the amount of the participant s calculated rebate under the Program. In the event that a lack of funding results in no payment or less than the full payment to a qualifying applicant, the request will not carry over to the next year. Section 4. Criteria for Participation To qualify for participation in the Property Tax Assistance Program, an applicant must demonstrate all of the following: 1. That the applicant has a homestead in the Town of Brunswick at the time of application and for ten (10) continuous years prior to the date of application. 2. That the applicant has received a tax credit under the provisions of the State of Maine Residents Property Tax Fairness Credit Program. 3. That the applicant is age 70 years or older as of the application deadline of November 1st. Additionally, if the applicant is a property owner: 4. That the applicant has applied for and received the Homestead Exemption for the year for which the rebate is requested. 5. That the applicant has paid property taxes in full through the date of application. Section 5. Application procedures and determination of eligibility Persons seeking to participate in the Property Tax Assistance Program shall submit a written request to the Program Administrator no later than November 1 of the year for which the rebate is sought. A new application shall be required for each year in which participation in the Program is sought. The Program Administrator shall provide an application form for the Program, which shall include, at a minimum, the applicant s name, homestead address and contact information. The Program is based on the State Property Tax Fairness Credit and relates to property taxes and rent paid in the preceding calendar year. As part of the application to the Town, the applicant shall authorize the Town to seek documentation from Maine Revenue Services of proof and dollar amount of the State Property Tax Fairness Credit received by applicant. 2

38 The Program Administrator shall review and determine if the application is complete and accurate, and if the applicant is otherwise eligible to participate in the Program. The Program Administrator shall notify an applicant if an application is determined to be incomplete or inaccurate. Applications not deemed complete by November 1 shall not be considered. The Program Administrator s decision on eligibility to participate in the Program shall be final. Section 6. Determination of rebate If the Program Administrator determines that the applicant is eligible to participate in the Program, he/she shall determine the rebate. The rebate shall be the lesser of the following amounts: A. The amount of credit qualified for under the Property Tax Fairness Credit Program; or B. A pro rata share of available monies in the Program Fund based on the calculated amount of the rebate. C. Property taxes paid or rent constituting property taxes paid, less the State Property Tax Fairness Credit received. The Town Manager shall report to the Town Council each year the projected payments and number of eligible applicants requesting assistance from the Program fund. Section 7. Timing of rebate payments A person who qualifies for payment under the Program shall be mailed a check for the full rebate amount (or pro-rated amount of available funds) no later than December 31 of the year in which the application is submitted. Section 8. Limitations upon payments Only one qualifying applicant per homestead shall be entitled to payment under this Program each year. The right to file an application and to receive a rebate under this Ordinance is personal to the applicant and does not survive the applicant s death, but such rights may be exercised on behalf of the applicant by the applicant s legal guardian, attorney-in-fact or personal representative. Draft 1 presented to Finance Committee: August 17, 2017 Draft 2 presented to Town Council: September 18, 2017 Draft 3 presented to Finance Committee: May 17, 2018 Draft 4 presented to Finance Committee: June 15, 2018 Draft 5 presented to Town Council: August 20, 2018 Draft 6 presented to Town Council: November 5,

39 TOWN OF BRUNSWICK Town Manager s Office 85 Union Street Brunswick, ME PROPERTY TAX ASSISTANCE PROGRAM Application Deadline November 1, 2019 Name: Home Street Address: If different from home address, mailing address: Home Phone Number: address (optional): Please answer the following questions: 1. Has the applicant paid taxes, or rent, on a primary residence in the Town of Brunswick at the time of application and for ten (10) years prior to the date of application? YES NO 2. Has the applicant filed Form 1040ME and the Property Tax Fairness Credit (PTFC) for 2018? If yes, the Town will seek documentation from Maine Revenue Services of proof and dollar amount of the PTFC received. Please provide the Town of Brunswick, on my behalf, confirmation of the amount of credit I received from the State of Maine 2018 Property Tax Fairness Credit. Signature Social Security # 3. Will the applicant be at least 70 years old as of November 1, 2019? 4. If a property owner, has applicant applied for, and received, the Homestead Exemption as of April 1 st for the year for which the rebate is requested? 5. If a property owner, has the applicant paid property taxes in full through November 1, 2019? I declare that I have examined this application and to the best of my knowledge and belief, it is true, correct and complete. Signature of Applicant Date If you need any assistance with the completion of this form please contact the Town Manager s office at (207)

40 Property Tax Relief Program Survey Municipality Cumberland Gardiner Gorham Program Name Senior Prop Tax Assistance Senior Citizen Tax Relief Senior Prop Tax Assistance Qualifications Income limits $56,790 one person $64,890 two persons $72,990 three persons $33,333 one person $43,333 two persons $53,333 three+ persons $56,790 one person $64,890 two persons $72,990 three persons 90% of HUD metro median family income. Same as PTFC 90% of HUD metro area median family income. Age requirements 70 and older and older 65 years of age and older 65 years of age and older Residency 10 years 10 years 5 years Homestead 1 year 10 years 1 year Other Must qualify for PTFC Program Features Taxes MUST be paid in full Tax refund program Taxes MUST be paid in full Tax refund program RE Taxpayers Yes Yes Yes Renters Yes Yes Yes Applic Deadline August 1 st October 15 th August 1 st Award levels Up to $750 Lesser of the following: Benefit levels: 1. PTFC received 1. $500 10% or more 2. Pro rated share of 2. $350 8% to 10% available funds 3. $ $200 5% to 7% Not to exceed tax assessed less PTFC credit received (taxes / income x 100 = %) 15% of rent considered taxes Program Administrator Town Manager or designee City Manager or designee Town Clerk or designee O:\Finance\Taxes\Property Tax Relief\Brunswick Program Establishment Documents\Tax Relief Programs 6/14/2018

41 Property Tax Relief Program Survey Municipality Program Name Harpswell Portland Saco Property Tax Assistance Senior Tax Equity Program Senior Citizen Tax Work off Qualifications Income limits $33,333 one person $43,333 two persons $53,333 three+ persons $33,333 one person $43,333 two persons $53,333 three+ persons $38,450 one person $43,950 two persons Same as PTFC Same as PTFC Average median income for Maine as published by HUD Age requirements Residency Homestead Same as PTFC (no age limit) 62 years of age and older 60 years of age and older 1 year 1 year As of April 1 1 year 1 year As of April 1 Other Must qualify for PTFC Must qualify for PTFC Program Features RE Taxpayers Renters Taxes MUST be paid in full Taxes MUST be paid in full Considered an abatement Tax refund program Tax refund program Yes Yes Yes Yes Yes No Applic Deadline October 15 th May 15 th Late March Award levels Lesser of the following: Lesser of the following: 1. PTFC received 1. PTFC received 2. Pro rated share of 2. Pro rated share of available funds available funds 3. $ $900 Not to exceed tax assessed less PTFC credit received 100 hours of service qualifies resident for abatement of $750. Program Administrator Town Administrator or designee Finance Director or designee City Assessor O:\Finance\Taxes\Property Tax Relief\Brunswick Program Establishment Documents\Tax Relief Programs 6/14/2018

42 Property Tax Relief Program Survey Municipality Program Name Scarborough South Portland Yarmouth Senior Prop Tax Assistance Property Tax Assistance Senior Tax Assistance Qualifications Income limits Federal AGI = $50,000 or less (all adults in household) $33,333 one person $43,333 two persons $53,333 three+ persons Household income 90% of the HUD Median Family Income for the Greater Portland Metro Area Same as PTFC Scale based on % of MFI Age requirements Residency Homestead Other 62 years of age and older 70 years of age and older 67 years of age and older 10 years 10 years 10 years 10 years 10 years N/A Must qualify for PTFC Program Features Not avail for prop with CEA reimb > 50% of taxes RE Taxpayers Renters Yes Yes Yes Yes Yes Yes Applic Deadline October 15 th Mid April Last business day in April Award levels Lesser of the following: Lesser of the following: Lesser of the following: 1. Taxes above 5% of AGI. 1. PTFC received 1. (Prop taxes (max $3800) minus 4% of household income) / % of rent that exceeds 5% of AGI. 2. Pro rated share of available funds 2. Scale based on % of MFI for Portland Metro Area 3. Pro rated share of 3. $ $900 available funds 4. $ Pro rated share of available funds Program Administrator Assessor's Office Finance Director or designee Town Manager O:\Finance\Taxes\Property Tax Relief\Brunswick Program Establishment Documents\Tax Relief Programs 6/14/2018

43 Property Tax Fairness Credits Reported on Maine Income Tax Returns with a Brunswick Address Source: David Heidrich, Director of Communications, in the Office of the Commissioner of the Department of Administrative and Financial Services, State of Maine Property Tax Paid Credits 65 and older Under 65 All Applicants Tax Year Number of Credits Average Credit Total Credit Value Number of Credits Average Credit Total Credit Value Number of Credits Average Credit Total Credit Value $ 312 = $ 65, $ 328 = $ 79, $ 321 = $ 145, $ 300 = $ 63, $ 333 = $ 79, $ 317 = $ 142,333 Rent Paid Credits 65 and older Under 65 All Applicants Tax Year Number of Credits Average Credit Total Credit Value Number of Credits Average Credit Total Credit Value Number of Credits Average Credit Total Credit Value $ 230 = $ 6, $ 225 = $ 44, $ 226 = $ 50, $ 230 = $ 7, $ 206 = $ 42, $ 209 = $ 49,742 Combined Property Tax & Rent Paid Credits 65 and older Under 65 All Applicants Tax Year Number of Credits Average Credit Total Credit Value Number of Credits Average Credit Total Credit Value Number of Credits Average Credit Total Credit Value $ 303 = $ 71, $ 282 = $ 123, $ 289 = $ 195, $ 291 = $ 70, $ 274 = $ 121, $ 280 = $ 192,360 O:\Finance\Taxes\Property Tax Relief\Brunswick Program Establishment Documents\PTFC Brunswick Table /14/2018

44 TOWN OF BRUNSWICK NOTICE OF PUBLIC HEARING The Town Council will hold a public hearing on Monday, December 3, 2018 at 6:30 p.m. in the Council Chambers of the Brunswick Town Hall, 85 Union Street, to consider the adoption of the Property Tax Assistance Ordinance for addition to the Town of Brunswick Municipal Code of Ordinances. This action must be accomplished in accordance with the Code and Charter requirements for ordinance amendments. The text of the proposed ordinance is too extensive to be included with this notice. Anyone having questions about the proposed ordinance wishing to obtain copies of it should contact the Brunswick Town Clerk's or Town Manager's Office during regular office hours (Mon-Weds 8:30 am to 4:30 pm, Thursday 8:30 am to 6:00 pm, and Friday 8:30 am to 3:00 pm). INDIVIDUALS NEEDING AUXILIARY AIDS FOR EFFECTIVE COMMUNICATION PLEASE CONTACT THE TOWN MANAGER'S OFFICE AT (TDD ), 2018 Frances M. Smith Town Clerk of Brunswick, Maine Printed in the Times Record on, 2018

45 Town of Brunswick Property Tax Assistance Program PUBLIC HEARING DECEMBER 3, 2018 Development of proposed Property Tax Assistance Program July 2017 Survey and report to Finance Committee August 2017 Ordinance draft #1 to Finance Comm. September 2017 Ordinance draft #2 to Town Council May 2018 Ordinance draft #3 to Finance Committee June 2018 Ordinance draft #4 to Finance Committee August 2018 Ordinance draft #5 to Town Council November 2018 Town Council sets Public Hearing

46 Maine Revised Statutes Title 36: Taxation Chapter 907 A: Municipal Property Tax Assistance Survey of Municipal Programs Nine programs in southern Maine surveyed 1 (Saco) has Volunteer program 1 (Harpswell) has no age limit (others range 60 to 70) All have income limits 4 require Maine Property Tax Fairness Credit (PTFC) and follow PTFC funding methods All have residency requirements (range of 1 10 years)

47 State of Maine Property Tax Fairness Credit (filed with state income tax return) PTFC on state income tax returns with Brunswick address Property Tax Paid Credits 65 and older Under 65 All Applicants Tax Year Number of Credits Average Credit Total Credit Value Number of Credits Average Credit Total Credit Value Number of Credits Average Credit Total Credit Value $ 312 = $ 65, $ 328 = $ 79, $ 321 = $ 145, $ 300 = $ 63, $ 333 = $ 79, $ 317 = $ 142,333 Rent Paid Credits 65 and older Under 65 All Applicants Tax Year Number of Credits Average Credit Total Credit Value Number of Credits Average Credit Total Credit Value Number of Credits Average Credit Total Credit Value $ 230 = $ 6, $ 225 = $ 44, $ 226 = $ 50, $ 230 = $ 7, $ 206 = $ 42, $ 209 = $ 49,742 Combined Property Tax & Rent Paid Credits 65 and older Under 65 All Applicants Tax Year Number of Credits Average Credit Total Credit Value Number of Credits Average Credit Total Credit Value Number of Credits Average Credit Total Credit Value $ 303 = $ 71, $ 282 = $ 123, $ 289 = $ 195, $ 291 = $ 70, $ 274 = $ 121, $ 280 = $ 192,360

48 Considerations in designing a program for Brunswick Comply with State law (Maine Revised Statutes Title 36: Chapter 907 A: Municipal Property Tax Assistance Benefit Brunswick s senior longterm residents Encourage participation in other benefit programs (State Property Tax Fairness Credit and Homestead Exemption) Ensure straightforward, fair application process Minimize administrative burden for staff Allow for outside contributions to the program Proposed Property Tax Assistance Program for the Town of Brunswick Primary residency requirement 10 years Maine Property Tax Fairness Credit requirement authorize verification with State Age requirement 70 years or older For property owners: ohomestead Exemption requirement otaxes paid requirement all payments current

49 Administration of Brunswick s Program Funding through annual budget and/or outside contributions Town Manager designates administrator Proposed to begin in 2019 (for 2018 tax & calendar year) Application deadline November 1 st (2019) Rebates based on PTFC, taxes paid and/or amount of funding available Rebates issued by December 31 st (2019) Property Tax Assistance Application

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51 Town of Brunswick, Maine DEPARTMENT OF PLANNING AND DEVELOPMENT MEMORANDUM TO: FROM: Town Council Brunswick Planning Board Jared Woolston, AICP, Town Planner DATE: November 5, 2018 SUBJECT: Brunswick Landing Zoning Map Amendments (Case ) On October 2, 2018, the Planning Board held a workshop and reviewed a proposed zoning map amendment from the Midcoast Regional Redevelopment Authority (MRRA) for consistency with the BNAS (aka NASB) Reuse Master Plan. Subsequently, the Planning Board held a special meeting to set a Public Hearing for the proposed amendment on October 23, The proposed zoning map amendment includes changes to the Growth Industrial (GI) Zoning District, Growth Mixed Use 7 (GM7) Zoning District, Growth Natural Resources (GN) Zoning District, and Growth Aviation (GA) Zoning District. The applicable section (Section 6) of the BNAS Reuse Master Plan Map is provided in the packet. On October 23, 2018, the Planning Board hosted a Public Hearing and voted unanimously to advise the Town Council to amend the Brunswick Zoning Map for consistency with the BNAS Reuse Master Plan as drafted by the Department of Planning and Development staff. The recommended zoning map amendments are explained hereafter. I. DRAFT MAP AMENDMENTS EXPLAINED: Brunswick Zoning Map Amendment 1 of 3: A portion of Brunswick s adopted zoning map is depicted below in Exhibit A. Brunswick Assessor s Map 40, Lots 56 and 632 contain more than 50% of the Growth Natural Resources (GN) Zoning District. As Lots 56 and 632 are less than ten (10) acres in size, the GN standards are applicable pursuant to Section B of the Brunswick Zoning Ordinance. Staff notes a rare plant community identified by the Maine Natural Areas Program (MNAP) was inventoried as part of the BNAS Reuse Master Plan on the abutting lot to the west (Map 40, Lot 68). The mapped rare plant community is not located within the proposed location of GM7 (see Exhibit A1). The subject parcel contains the Aquifer Protection 3 Overlay (APO3) Zoning District. The Planning Board considered a memorandum, provided in the packet, regarding the proposed zoning map amendment from Brunswick-Topsham Water District Assistant General Manager, Craig Douglas dated October 22, The GM7 zoning district was previously determined by the Planning Board and the Town Council to be consistent with the Professional Office BNAS reuse district (as described and mapped on page 184 of the enclosed section of the BNAS Master Plan). The Planning Board advises the Town Council to amend the Brunswick Zoning Map by shifting the GM7 zoning district to the west boundaries of the subject parcel as depicted in Exhibit A1.

52 Exhibit A (CURRENT MAP) Exhibit A1 (PROPOSED MAP) WILLOW GROVE WOODSIDE

53 Brunswick Zoning Map Amendment 2 of 3: A portion of Brunswick s adopted zoning map is depicted below in Exhibit B. The subject parcel also contains the APO3 Overlay Zoning District. As noted above, the Planning Board considered a memorandum regarding the proposed zoning map amendment from Brunswick-Topsham Water District Assistant General Manager, Craig Douglas dated October 22, A portion of the GA zoning district within Lot 15 is mapped Professional Office in the BNAS Reuse Master Plan (as described and mapped on page 184 of the enclosed section of the BNAS Master Plan). The GM7 zoning district was determined by the Planning Board and the Town Council to be consistent with the Professional Office BNAS reuse district. The Planning Board advises the Town Council to amend the Brunswick Zoning Map by shifting the GM7 zoning district west within the subject parcel as depicted in Exhibit B1. THIS PORTION OF THE PAGE INTENTIONALLY LEFT BLANK

54 Exhibit B (CURRENT MAP) Exhibit B1 (PROPOSED MAP)

55 Brunswick Zoning Map Amendment 3 of 3: A portion of Brunswick s adopted zoning map is depicted below in Exhibit C. Brunswick Assessor s Map 40, Lots 9, 209, 223, 293, and 294 are within the Growth Aviation (GA) Zoning District. The subject parcel is mapped Business and Technology Industries District in the BNAS Reuse Master Plan (as described and mapped on page 186 of the enclosed section of the BNAS Master Plan). The Growth Industry (GI) Zoning District was determined by the Planning Board and the Town Council to be consistent with the Business and Technology Industries BNAS reuse district. The Planning Board advises the Town Council to amend the Brunswick Zoning Map with the GI Zoning District within the subject parcel as depicted in Exhibit C1. WOODSIDE THIS PORTION OF THE PAGE INTENTIONALLY LEFT BLANK

56 Exhibit C (CURRENT MAP) Exhibit C1 (PROPOSED MAP)

57 II. DRAFT MOTION That the Town Council amends the Brunswick Zoning Map as advised by the Planning Board for consistency with the BNAS Reuse Master Plan. III. ENCLOSURES 1. Section 6 The BNAS Reuse Master Plan 2. Memorandum regarding the proposed zoning map amendment from Brunswick-Topsham Water District Assistant General Manager, Craig Douglas dated October 22, 2018

58 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Section 6: The BNAS Reuse Master Plan This section of the BNAS Reuse Master Plan report describes and illustrates the specific land use, transportation, and open space elements that define the Plan, and that will establish the property as a unique asset within the greater Brunswick community and Midcoast Maine region. Plan Vision and Intent The Reuse Master Plan for the Brunswick Naval Air Station represents a unique opportunity to establish not only a vibrant live, work, play and educate environment, but also centers of excellence for technology innovation, environmental sustainability, and green community development. From an economic development perspective, the plan provides a framework within which a variety of corporate, business, academic, recreational, and community opportunities can flourish. From a community development perspective, the plan promotes a strong sense of place based on smart growth principles that will serve as a model for future sustainable development throughout the region. Land Use and Transportation Framework The structure and relationship between future land uses and the transportation system proposed for redevelopment of the base is described in this section. This includes a description of the proposed land use program; a description and a diagrammatic illustration of each of the land use districts; a summary of transportation and open space elements; and a discussion of how environmental conditions influenced the Reuse Master Plan. Land Use Program The land use program shown below provides a summary of proposed land use districts, with corresponding areas allocated for each land use type. As indicated on the exhibit, only 51% of the total base property has been allocated for development (approximately 1,630 acres); and, 49% (approximately 1,570 acres) of the base has been dedicated to a variety of active and passive areas for recreation, open space, and natural areas. This figure does not include parks, open space, and natural drainage or buffer areas that would be incorporated as part of the 1,630 acres planned for development. Exhibit 66: Land Use Program Table is color-coded to correspond with the land use districts shown on Exhibit 65: Reuse Master Plan Map. Note: Matrix Design Group is the source of all exhibits in this Section. 179

59 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Exhibit 65: Reuse Master Plan Map 180

60 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Exhibit 66: Land Use Program 181

61 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Land Use Districts Based on the inventory and assessment of local, regional, and state market conditions, and influenced by the availability of existing on-base infrastructure and facility assets, the land use program described above is illustrated by the exhibits that follow. Airport Operations District The 500-acre Airport Operations district, shown in light gray on the plan, contains the two existing 8,000-foot long runways, taxiways and adjacent buffer zones surrounding the active airfield. Exhibit 67: Airport Operations District Location Map shows the location of this land use district. Exhibit 67: Airport Operations District Location Map 182

62 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Aviation-Related Business District The intent of the 230-acre Aviation-Related Business district, identified in dark gray on the plan, is to provide an area dedicated primarily to aviation-related business, industry, transportation and distribution, technology employment and other uses that rely on, or directly benefit from, proximity to airport facilities and operations. Such uses could include general and corporate aviation, aircraft maintenance / repair / overhaul, aviation-related manufacturing, and government and aerospace research and development. Exhibit 68: Aviation-Related Business District Location Map shows the locations of this land use district. Exhibit 68: Aviation-Related Business District Location Map 183

63 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Professional Office District The intent of the 120-acre Professional Office district, identified in brown on the plan, is to provide an employment center serving corporate and professional office needs of the area. Although some retail and community support uses such as hotels, food service, and day care could be integrated into this district, primary uses would be administrative, corporate, or professional offices such as law, medical, insurance, architectural, engineering, finance, real estate, and similar office uses. Uses can be accommodated within this zone in stand alone buildings, in a campus setting, or in a more compact office complex. Exhibit 69: Professional Office District Location Map shows the locations of this land use district. Exhibit 69: Professional Office District Location Map 184

64 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Community Mixed Use District The intent of the 175-acre Community Mixed Use district, shown in light orange on the plan, is to provide a compact pedestrian-oriented mix of uses that will provide a variety of live, work, play and educate opportunities. Typical uses could include neighborhoodscale retail, professional offices, business and support services, restaurants, hotels and conference centers, health and fitness centers, day care centers, civic and cultural uses (such as churches, libraries, and museums), parks and government buildings. Also included would be a variety of higher-density attached housing types, such as town homes, condominiums and apartments (including affordable rental and home ownership, and assisted/independent care senior housing). Exhibit 70: Community Mixed Use District Location Map shows the locations of this land use district. Exhibit 70: Community Mixed Use District Location Map 185

65 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Business and Technology Industries District The intent of the 190-acre Business and Technology Industries district, shown in purple on the plan, is to provide a high-tech employment center that would serve large-scale technology uses, such as technology-based research and development, energy park, laboratories, light manufacturing, and warehouse and distribution uses. Facilities could be developed as stand-alone buildings on several acres, or in a campus / corporate park setting. This district could also accommodate activities that are normally considered industrial in nature, but which produce few, if any, external effects that may be adverse to nearby properties or to the community in general. Exhibit 71: Business and Technology Industries District Location Map shows the locations of this land use district. Exhibit 71: Business and Technology Industries District Location Map 186

66 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Education District The intent of the 200-acre Education district, light blue on the plan, is to allow for university and college-level academic, administrative and support facilities. Typical uses include college classrooms, administrative and support facilities, athletic and sporting events, and student / faculty housing. More detailed studies are being conducted in the checkered areas to determine specific locations for educational versus natural area uses. Exhibit 72: Education District Location Map shows the location of this land use district. Exhibit 72: Education District Location Map 187

67 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Residential District The intent of the 215-acre Residential district, shown in yellow on the plan, is to provide for a variety of housing types in a compact, pedestrian-oriented setting. Typical uses will include single-family attached or detached, multi-family apartments, assisted / senior housing, and retirement / second homes. The proposed density for the McKeen Street housing area is five dwelling units per acre and for the on-base housing areas eight dwelling units per acre. For residential uses in the Community Mixed Use districts, the proposed density is 24 dwelling units per acre. Exhibit 73: Residential District Location Map shows the locations of this land use district. Exhibit 73: Residential District Location Map 188

68 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Recreation and Open Space District The intent of the 510-acre Recreation and Open Space district, identified on the plan in dark green, is to provide suitable areas for a variety of commercial and public active and passive outdoor recreational opportunities for the community. Recreational activities could include public parks, recreation fields, golf courses, public gardens, bicycle trails, and equestrian facilities. Exhibit 74: Recreation and Open Space District Location Map shows the locations of this land use district. Exhibit 74: Recreation and Open Space District Location Map 189

69 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Natural Areas District The intent of the 1,060-acre Natural Areas district, light green on the plan, is to preserve, maintain and enhance existing natural areas for the long-term benefit of area residents and the natural environment. As such, only those uses that would not significantly alter the environment and/or would provide opportunities to experience the environment would be considered, including pedestrian trails, nature and interpretive centers, environmental education, and other non-intrusive passive outdoor recreation and educational uses. More detailed studies are being conducted in the checkered areas to determine specific locations for natural versus educational uses. Exhibit 75: Natural Areas District Location Map shows the location of this land use district. Exhibit 75: Natural Areas District Location Map 190

70 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Transportation System Through the course of the development of the Reuse Master Plan, efforts were made to identify both the nature and magnitude of transportation demands likely to be associated with redevelopment of the facility and the ability of the existing transportation systems to accommodate these demands. A recurring theme from the public was the desire to accommodate viable alternatives to single passenger automobile travel and the need to be sensitive to other land uses in the vicinity of the base. The transportation framework plan element of the Reuse Master Plan addresses both off-site and on-site capacity-related improvements with consideration of these issues. Following are a number of the key components of the Plan: Facility Access With the change in use of the base property, there will no longer be a need to maintain only two points of access for security reasons. It is proposed that the Bath Road entrance to the base be relocated to create a four-way intersection with Merrymeeting Plaza and close the existing entrance. In addition to relocating the primary access / gateway to the facility to better coincide with the present pattern of signalization on Bath Road, several key elements are proposed: Creation of a new connector spur and interchange connecting to US Route 1 west of the present interchange at Cook s Corner New secondary points-of-access onto the adjacent street systems at Bath Road / Gurnet Road / Harpswell Road Internal Street and Roadway Network Within the base property, there will be a number of changes in the existing street and roadway network: With the change in use and creation of connection points to Harpswell Road on the west and Gurnet Road on the east, there will be a transition in terms of the proportion of east-west versus north-south traffic flow patterns. With the changes in traffic patterns and land use, it will be possible to implement a logical system of street hierarchy and character. It is envisioned that primary arterial routes extending through the base will assume the character of boulevards and will serve a number of local and/or collector streets which provide direct access to the individual parcels. The design of these streets will include appropriate consideration of pavement width / geometry, landscaping, lighting, pedestrian features and utility accommodation / access. 191

71 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Rail Service Considerations and Access Historically, the base was served directly by rail, via an at-grade crossing of Bath Road. The rail spur extended into the site roughly parallel to the main base entrance. While it has been determined that re-creation of both passenger and freight rail access onto the site would present a key incentive for certain future development, the reintroduction of a grade crossing on Bath Road would present a number of challenges. Initial evaluation suggests that creation of grade separated rail access could be achieved through elevating Bath Road across the north end of the site, which would allow a new rail spur alignment further to the west. Pedestrian Circulation and Walkability As noted, significant public input focused on the need to create a facility characterized by walkability. The improvements contemplated within the plan will provide pedestrian access throughout, with a focus on connectivity with those types of land uses which tend to generate pedestrian traffic, or interface with other transportation modes. To ensure the development of a strong pedestrian and bicycle system as part of the base redevelopment, Town of Brunswick development standards and roadway transportation improvements must incorporate sufficient bicycle and pedestrian facilities. Transit Interface Plan development included a number of conversations with CoastalTrans, Inc., which serves as the primary local transit provider. It is proposed that transit stops will be located to correspond with complementary land use elements and transportation nodes. Other Environmentally Sustainable Transportation Modes In addition to promoting pedestrian, transit and, potentially, passenger rail as key modes of transportation, the Reuse Master Plan has identified the desirability of facilities to support other environmentally sustainable elements, such as provision of bicycle racks and facilities necessary for operation of electric cars and buses. Open Space System Over 1,500 acres (49%) of the site are dedicated to open space and natural areas, where wetlands, drainageways, wildlife corridors and other sensitive natural systems are prevalent. Urban parks and formal open spaces are envisioned in the more developed areas, with pedestrian linkages to ensure connectivity not only throughout the property, but also into the adjacent neighborhoods and community. This approach promotes the concept of conservation and preservation of site and area-wide natural systems, while also providing a variety of locations and conditions for both active and passive recreational activities. Exhibit 76: Open Space System Map shows in green the areas designated in the Reuse Master Plan as either Recreation / Open Space or Natural Areas combined as a single Open Space system. 192

72 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Exhibit 76: Open Space System Map Source: Matrix Design Group Environmental Influences A detailed opportunities and constraints analysis was performed with respect to environmental conditions to help guide the development of the Reuse Master Plan. The analysis produced an implementation strategy that will best position designated land use districts for redevelopment. As a result, specific recommendations have been incorporated into the land use master plan, including: 193

73 BRUNSWICK NAVAL AIR STATION REUSE MASTER PLAN BRUNSWICK, MAINE Minimization of residential development in areas with environmental contamination Location of the golf course over the Eastern Plume to provide recreational outdoor activities, while limiting potential for structures that may result in indoor air issues and elevated risk to human health Placement of golf course club house location off the Eastern Plume footprint to limit indoor air impacts Boundaries around the landfills have been modified where appropriate to avoid segregation of the landfill into several land uses (so as to not split any short or long term obligations) Zoning or long-term planning for the landfill areas will incorporate use designations with consideration of the landfills. For example, placement of a parking lot over the landfills may be appropriate with limited cap revisions, whereas placement of buildings would be more difficult given the existing conditions and long term monitoring requirements The Explosive Ordnance Disposal Training Area (Site 12) and other uninvestigated munitions areas have been designated as open space Like-use as an airport will result in a less stringent remediation (i.e., industrial cleanup standards) for this land use district as opposed to some other use, such as mixed use or residential use that would require additional remediation Reuse of the existing hangars as industrial uses results in less stringent cleanup standards Identifying the many data gaps for the environmentally impacted sites in the Front Door area has prioritized the additional investigation necessary for this area. This land use district is a proposed professional office campus and with attentive environmental planning, the redevelopment of this area can proceed smoothly and more quickly 194

74 Alan J. Frasier, PE General Manager Craig W. Douglas, PE Assistant General Manager October 22, 2018 Jared Woolston, AICP Town Planner Town of Brunswick 85 Union Street Brunswick, ME Via PO Box 489 Topsham, Maine Telephone (207) Fax (207) Daniel O. Knowles, CPA Director of Finance and Data Management Systems Joshua S. Cobb, PE Director of Operations RE: Zoning Map Amendment NASB Reuse Master Plan, Brunswick, Maine Dear Mr. Woolston: Thank you for reaching out to the District for comments on the upcoming zoning map amendments. We have reviewed the amendments and have a couple of comments on amendment 1, associated with Exhibit A in Case The District appreciates the reason for the zoning change, given the present land use, flora present and the complexity of having a parcel divided by two zones. While the District does not object outright to the proposed change, we offer several concerns for the Board to consider when evaluating this amendment. The District s concerns center around proposed change under APO3, that could result in deterioration of the aquifer. The District strongly prefers that future parcel use lessens or, at a minimum, does not add additional stress to the aquifer. These minimums would include the use of sanitary sewer and best storm water management practices to reduce potential adverse effects on the aquifer. Clearly anything that reduces aquifer recharge or introduces potentially contaminated runoff to the aquifer would be undesirable. We appreciate these are complex decisions and appreciate the opportunity to share our thoughts on the matter. Feel free to contact me if you have any questions. Sincerely, Craig Douglas, PE Assistant General Manager QUALITY AND RELIABILITY SINCE 1903

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79 PAUL R. LEPAGE GOVERNOR STATE OF MAINE DEPARTMENT OF AGRICULTURE, CONSERVATION & FORESTRY 93 STATE HOUSE STATION AUGUSTA, MAINE WALTER E. WHITCOMB COMMISSIONER November 26, 2018 Jared Woolston Town of Brunswick 85 Union Street Brunswick, ME Via Re: Rare and exemplary botanical features on: Tax Map 40 Lot 632 and Lot 56, Brunswick, Maine Dear Mr. Woolston: I have searched the Natural Areas Program s Biological and Conservation Data System files in response to your request received November 6, 2018 for information on the presence of rare or unique botanical features documented from the vicinity of the project in Brunswick, Maine. Rare and unique botanical features include the habitat of rare, threatened, or endangered plant species and unique or exemplary natural communities. Our review involves examining maps, manual and computerized records, other sources of information such as scientific articles or published references, and the personal knowledge of staff or cooperating experts. Our official response covers only botanical features. For authoritative information and official response for zoological features you must make a similar request to the Maine Department of Inland Fisheries and Wildlife, 284 State Street, Augusta, Maine On Tuesday November 20, 2018, I conducted a site visit of Map 40, Lot 632 and the western edge of Lot 56. Parcel 632 is being proposed for a zoning amendment. The purpose of the survey was to determine whether a rare natural community type, sandplain grassland, extends on to the parcel from its known occurrence to the west. Much of lot 632 is forested, to include a white pine plantation and remnant pitch pine dominated woodland in the western region of the lot. The southwestern corner of Lot 632 is the most open and remains in an early successional state. Many of the species characteristic of a sandplain grassland are present and it is likely that this area, as well as much of the surrounding area was once part of a larger sandplain grassland and associated pitch pine barren prior to development of the Naval Air Station. In its current condition, the open area within Lot 632 is small (<2 acres), fragmented from the larger core area by development and land use, and has transitioned to more of a low shrub-dominated condition. Therefore, this portion of the property would not be mapped on its own as a sandplain grassland natural community. Please note the snow cover and late season vegetative conditions precluded any kind of rare plant survey on the parcel. The Natural Areas Program is continuously working to achieve a more comprehensive database of exemplary natural features in Maine. We would appreciate the contribution of any information obtained should you decide to do any additional field work. The Natural Areas Program welcomes coordination with individuals or organizations proposing environmental alteration, or conducting environmental assessments. If, however, data provided by the Natural Areas Program are to be published in any form, the Program should be informed at the outset and credited as the source. MOLLY DOCHERTY, DIRECTOR PHONE: (207) MAINE NATURAL AREAS PROGRAM FAX: (207)

80 Letter to Jared Woolston Comments RE: Zoning Amendment, Brunswick November 26, 2018 Page 2 of 2 Thank you for using the Natural Areas Program in the environmental review process. Please do not hesitate to contact me if you have further questions about the Natural Areas Program or about rare or unique botanical features on this site. Sincerely, Kristen Puryear Ecologist Maine Natural Areas Program kristen.puryear@maine.gov

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88 Town of Brunswick, Maine OFFICE OF THE TOWN MANAGER MEMORANDUM TO: FROM: Town Council John Eldridge Town Manager DATE: November 27, 2018 SUBJECT: Merrymeeting Community Rowing Association Brunswick Sewer District Lease Scott Bailey, President of the Merrymeeting Community Rowing Association ( Association ), has sent e mails to the Town Council outlining the Association s request to lease a portion of Townowned property near the Water Street Boat Launch in order for the Association to construct a boathouse and racks to store sculls and other equipment. The proposal would have the Town lease property to the Brunswick Sewer District ( BSD ). The BSD would then sublease that property to the Association. The storage facility would be constructed in an area adjacent to the BSD pump station on Water Street. BSD currently leases a portion of the pump station property to the Association and the Town leased property would enlarge the area available for the Association s use. The Association has been an active participant in the development and use of the float system at the Water Street Boat Launch. It contributed approximately $25,000 towards the purchase and installation of several floats. It also has assisted in use of the facility and staging of events, including the very popular and successful regattas and high school rowing activities. Attached please find: November 19, from Scott Bailey to Town Council; September 18, from Scott Bailey to John Eldridge; proposed lease; a survey map of the area to be leased; an aerial photo of the area to be leased. Scott Bailey will be in attendance to answer Council questions. Attachments O:\Council\Council By Year\Council 2018\Memo Merrymeeting Communiaty Rowing Association docx

89 John Eldridge From: Sent: To: Subject: scott bailey Monday, November 19, :48 PM Town Council; John Eldridge; Tom Farrell; Douglas Richmond; Ryan Leighton; Leonard Blanchette Merrymeeting Community Rowing expansion Council Members, Since 2011, Merrymeeting Community Rowing has been offering community access to the sport of rowing by providing instruction, equipment, and access. Over the past seven years, we have acquired a fleet of 12 boats, taught countless people, built a highly competitive youth team, and worked with the town to fundraise $25,000 towards the dock that many enjoy at the Water Street Boat ramp. Our current boatyard has been successfully leased to us by the Sewer District since 2011 and we enjoy a wonderful relationship with them. As part of our multi year growth plan, we have worked with the Town and Sewer District to have proper surveying of the land directly behind our current location on Water Street as a possibility for expansion. The proposed plan included proper surveying of the site for suitability, transfer of the property to the Sewer District and then the release of the land to MCRA. MCRA would then pay taxes on the new enlarged area. Those completed surveys have been provided to the Town Codes office and to the Town Manager and all agree that the plan should move forward. Lenny Blanchette, acting on behalf of the Sewer District is also strongly in favor. The next steps, as I understand it, include having the town certify the deed description provided by Sitelines with the survey and then the presentation of the proposal to the Coucil for a vote. We at MCRA are very excited about our continued growth and what we add to the recreational offerings in our community. If possible, I, as president of MCRA, would like to make the proposal to you all at the earliest possibility to include the December 7th meeting if possible. I look forward to hearing back from you and also sharing with you the exciting future plans of MCRA. Happy Thanksgiving. Scott Bailey, President, MCRA Get Outlook for ios This has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this as spam. 1

90 John Eldridge From: Sent: To: Cc: Subject: Attachments: scott bailey Tuesday, September 18, :38 AM John Eldridge; Ryan Leighton Leonard Blanchette; Douglas Richmond; Steve Walker; Christopher Watkinson; Alison Harris; Jane Millett Proposed Land Transfer to Sewer Department for use by Merrymeeting Community Rowing MCRA Site map.pdf; MCRA Lot Expansion plan.pdf Dear John, The Merrymeeting Community Rowing Association and the Brunswick Sewer District are very excited about moving forward on our land expansion project. As you know, we have had a wonderful relationship leasing our current space from the Brunswick Sewer District since 2011 and through that relationship, we have built a program that now consists of a high school youth team, a program with over 25 master rowers, a fleet of 10 boats of various sizes, a suite of rowing programs offered to the community, and the annual hosting of the Maine State Rowing Championship Regatta. Given our growth, we have engaged the Town and the Sewer District to discuss the enlargement of our compound into the unused Town property sitting directly behind the current pumping station on Water Street. This would be accomplished by having said property transferred to the Sewer District and then leased to us with the understanding that the property would return to the town if the agreement between MCRA and the Sewer District was terminated. In compliance with your request, we contracted with Sitelines to complete a survey of the property; I have attached the completed survey to this . With the survey complete, we feel confident that we can make use of the property to grow our program while working within the confines of the shoreland and stream setback ordinances. I have additionally attached a drawing that shows our 2 phase proposal for how we intend to use the property if and when so transferred. It is my understanding after speaking with you that we are awaiting only the completion of the deed description and then the scheduling of a time to forward the proposal to the Town Council. It is the hope of both MCRA and the Sewer District that we are able to complete this process sometime this fall. Please let me know what else is required of us to move this process along as we are very excited about expanding our program for the 2019 rowing season. Thank you, Scott Bailey President Merrymeeting Community Rowing Association 1

91 GROUND LEASE THIS GROUND LEASE is made as of this day of, 2018, by and between the TOWN OF BRUNSWICK, a Maine municipality ( Landlord ), and BRUNSWICK SEWER DISTRICT, a quasi-municipal entity organized under Maine law ( Tenant ); In consideration of the mutual covenants and agreements contained herein and intending to be legally bound hereby, Landlord and Tenant hereby agree with each other as follows: SECTION 1. Premises: Landlord hereby leases and lets to Tenant, and Tenant hereby takes and hires from Landlord, upon and subject to the terms, conditions, covenants and provisions hereof, that certain lot or parcel of land depicted on the sketch attached as Exhibit A, together with any and all buildings, improvements, appurtenances, rights, privileges and easements benefiting, belonging or pertaining thereto (collectively, the Premises ). SECTION 2. Term: (a) The term of this Lease ( Term ) shall be for the period of twenty years (20) years commencing on the date of execution hereof ( Commencement Date ), unless sooner terminated or extended as provided herein. SECTION 3. Rent: One dollar ($1.00) together with all costs and expenses associated with or incurred in any manner by Landlord with respect to the Premises. SECTION 4. Rent To Be Net To Landlord: It is the intention of the parties that the rent payable hereunder shall be net to Landlord so that this Lease shall yield to Landlord the net annual rent specified herein during the Term, and that all costs, expenses and obligations of every kind and nature whatsoever relating to the Premises, whether foreseen or unforeseen, all be paid by Tenant. SECTION 5. Use Of Premises: The Premises may be used for any lawful purpose associated with the Merrymeeting Rowing Club. SECTION 6. Taxes And Utility Expenses: (a) Tenant shall, during the Term, as additional rent, pay and discharge punctually, as and when the same shall become due and payable, all taxes, special and general assessments, water rents, rates and charges, sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary (collectively, the Taxes ), and each and every installment thereof which shall or may during the Term be charged, levied, laid, assessed, imposed, become due and payable, or a lien upon, or for, or with respect to, the Premises or any part thereof, or any buildings, appurtenances or equipment owned by Tenant thereon or therein or any part thereof, together

92 with all interest and penalties thereon, under or by virtue of all present or future laws, ordinances, requirements, orders, directives, rules or regulations of the federal, state, county and municipal governments and of all other governmental authorities whatsoever; and all sewer rents and charges for water, steam, gas, heat, hot water, electricity, light and power, and other service or services furnished to the Premises or the occupants thereof during the Term (collectively, the Utility Expenses ). (b) Nothing herein or in this Lease otherwise contained shall require or be construed to require Tenant to pay any sales, inheritance, estate, succession, transfer, gift, franchise, personal property, income or profit taxes, by whatever name the same may be called, that are or may be imposed upon Landlord, its successors or assigns. SECTION 7. Improvements; Repairs; Additions; Replacements; Conveyance of Personalty: (a) Tenant shall have the right, at its own cost and expense, to construct on any part or all of the Premises, at any time and from time to time during the Term, such buildings, structures, parking areas, driveways, walks, gardens and other similar and dissimilar improvements as Tenant shall from time to time determine, provided that the same shall be in compliance with all then applicable building and zoning codes, laws and ordinances. (b) Tenant shall, at all times during the Term, and at its own cost and expense, keep and maintain or cause to be kept and maintained in repair (ordinary wear and tear excepted) all buildings and improvements at any time erected by Tenant or on behalf of Tenant on the Premises, and shall use all reasonable precautions to prevent waste, damage or injury. Landlord shall not be required to furnish any services or facilities or to make any improvements, repairs or alterations in or to the Premises during the Term. (c) Tenant may, at its own cost and expense, at any time and from time to time throughout the Term, make such alterations, changes, replacements, improvements and additions in and to the Premises, and the buildings and improvements thereon, subject to all applicable codes and ordinances, as it may deem desirable, including the demolition of any building(s) and improvement(s) and/or structure(s) that may be situated or upon the Premises at the commencement of the Term or which may subsequently be erected upon the Premises. (d) Until the expiration or sooner termination of this Lease, title to any building or buildings or improvements situated or erected on the Premises and the building equipment and other items installed thereon and any alteration, change or addition thereto shall remain solely in Tenant; and Tenant alone shall be entitled to deduct all depreciation on Tenant s income tax returns for any such building or buildings, building equipment and/or other items, improvements, additions, changes or alterations, and to receive all investment tax credits and other income tax benefits that shall be available by reason of such buildings, equipment and other improvements. (e) On the last day or sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, and any buildings and permanent improvements then thereon, in good condition and repair (ordinary wear and tear excepted)

93 SECTION 8. Requirements Of Public Authority: During the Term, Tenant shall, at its own cost and expense, promptly observe and comply with all present and future laws, ordinances, requirements, orders, directives, rules and regulations of the federal, state, county, and city governments and of all other governmental authorities affecting the Premises or appurtenances thereto or any part thereof whether the same are in force at the commencement of the Term or may in the future be passed, enacted or directed. SECTION 9. Covenant Against Liens: If, because of any act or omission of Tenant, any mechanic s lien or other lien, charge or order for the payment of money shall be filed against Landlord or any portion of the Premises, Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord to Tenant of the filing thereof. SECTION 10. Access To Premises: During the Term, Landlord or its agents shall have the right, after giving Tenant reasonable advance notice, to enter upon the Premises at reasonable times to examine the same provided such entry shall not unreasonably interfere with the activities then being conducted on the Premises. SECTION 11. Assignment And Subletting: Tenant may assign, sublease (in whole or in part or parts), mortgage, or otherwise encumber this Lease (in whole or in part or parts) or any sublease of all or any part of the Premises, and may permit its subtenant or subtenants to assign, sublease (in whole or in part or parts), mortgage or otherwise encumber this Lease or any sublease of all or any part of the Premises, without requiring Landlord s consent therefor. Tenant agrees to furnish to Landlord written notice of the assignment of this Lease within thirty (30) days thereafter, together with the name and address of the assignee. Upon any such assignment or subletting, Tenant shall not be relieved of its obligations under this Lease unless Landlord agrees otherwise in writing. SECTION 12. Signs: Tenant and Tenant s subtenants shall, during the Term, have the right to install, maintain and replace in, on or over or in front of the Premises or in any part thereof signs and advertising matter as Tenant may desire, and Tenant shall comply with any applicable requirements of governmental authorities having jurisdiction and shall obtain any necessary permits for such purposes. As used in this Section 12, the word sign shall be construed to include any placard, light or other advertising symbol or object, irrespective of whether the same be temporary or permanent. SECTION 13. Indemnity: Tenant shall, during the Term, indemnify and save harmless Landlord from and against any and all claims, debts, demands, obligations, liabilities, damages, penalties or judgments (collectively, Claims ) arising out of, occasioned by, or related to (1) the possession, use, occupation or control of the Premises by Tenant or anyone claiming by, through or under Tenant, (2) any act, failure to act, neglect or default on the part of Tenant or its agents, servants, employees or contractors, (3) the failure by Tenant to perform any of the obligations imposed on Tenant by the terms of this Lease, or (4) any injury (including death) or damage to any persons or property while on or about the Premises unless resulting from the affirmative acts or negligence of Landlord or its agents, servants or employees. Notwithstanding the foregoing,

94 Tenant s indemnification of Landlord as provided in this Section 13 shall not apply to any Claims related to Landlord s negligent or willful acts or omissions. SECTION 14. Insurance: (a) During the Term, Tenant shall maintain with respect to the Premises commercial general liability insurance having a combined single limit coverage of not less than One Million Dollars ($1,000,000.00) for damage to any property or death or injury to one or more persons in a single accident or occurrence, in companies qualified to do business in the State of Maine under a policy or policies insuring Landlord, Tenant and any designee of Landlord against injury to persons or damage to property as herein provided, all of said policies to be written on an occurrence basis, and to contain a clause to the effect that such policies and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. Tenant agrees to deliver certificates of such insurance to Landlord at the beginning of the Term and thereafter not less than ten (10) days prior to the expiration of any such policy. Such insurance shall be noncancellable without ten (10) days prior written notice to Landlord. (b) During the Term, Tenant shall keep all buildings and improvements erected by Tenant on the Premises at any time insured for the benefit of Tenant and the holders of any mortgages permitted pursuant to Sections 19 and 20 hereof, as their respective interests may appear, against loss or damage by fire, and those casualties covered by the customary extended coverage endorsements, in a minimum amount necessary to avoid the effect of coinsurance provisions of the applicable policies. All proceeds payable at any time and from time to time by any insurance company under such policies shall be payable to the holders of such mortgages in the order of their priority, or, if there shall be no such mortgages, to Tenant. Any proceeds paid to Tenant shall be retained by Tenant and Landlord shall not be entitled to, and shall have no interest in, such proceeds or any part thereof. Landlord shall, at Tenant s cost and expense, cooperate fully with Tenant in order to obtain the largest possible recovery and shall execute any and all consents and other instruments and take all other actions necessary or desirable in order to effectuate the same and to cause such proceeds to be paid as hereinbefore provided and Landlord shall not carry any insurance concurrent in coverage and contributing in the event of loss with any insurance required to be furnished by Tenant hereunder if the effect of such separate insurance would be to reduce the protection or the payment to be made under Tenant s insurance. (c) Any insurance required to be provided by Tenant pursuant to this Lease may be provided by blanket insurance covering the Premises and other locations provided such blanket insurance complies with all of the other requirements of this Lease with respect to the insurance involved and such blanket insurance is acceptable to any mortgagee having an interest in the Premises. SECTION 15. Waiver Of Subrogation: All insurance policies carried by either party covering the Premises, including but not limited to contents, fire and casualty insurance, shall expressly waive any right on the part of the insurer against the other party. The parties hereto agree that their policies will include such waiver clause or endorsement so long as the same shall be available without extra cost, or if extra cost shall be charged therefor, so long as the other party

95 pays such extra cost. If extra cost shall be chargeable therefor, each party shall advise the other thereof and of the amount of the extra cost, and the other party, at its election, may pay the same, but shall not be obligated to do so. SECTION 16. Destruction: (a) In the event that, at any time during the Term, any one or more of the buildings on the Premises shall be destroyed or damaged in whole or in part by fire or other cause, Tenant shall promptly, at its own cost and expense, either repair and restore said damaged buildings to complete architectural units, or demolish and remove said damaged buildings from the Premises, fill any cellar holes and remove all rubble. (b) Tenant shall not be entitled to any suspension or abatement of rent by reason of any destruction or damage to the buildings and improvements upon the Premises. SECTION 17. Eminent Domain: (a) If, during the Term, the whole of the Premises shall be taken for any public or quasi-public use under any statute or by right of eminent domain or by private purchase in lieu thereof, then this Lease shall automatically terminate as of the date that possession has been taken. In the event of a partial taking (or purchase) of the Premises during the Term, as a result of which the Premises are no longer reasonably usable for the activities being conducted thereon just prior to such taking (or purchase), Tenant shall have the right, but not the obligation, to terminate this Lease by giving written notice of such termination to Landlord on or prior to the date which is ninety (90) days after the date of such taking (or purchase), and upon the giving of such notice of termination the Term shall expire and come to an end on the last day of the calendar month in which such notice shall be given with the same force and effect as if said day had been originally fixed herein as the expiration date of the Term. In the event the Lease shall terminate or be terminated, the rental shall, if and when necessary, be adjusted to the day of the taking (or purchase) and neither party shall have any further rights or liabilities hereunder. (b) In the event of a taking (or purchase) resulting in the termination of this Lease pursuant to the provisions of paragraph (a) of this Section 17, the parties hereto agree to cooperate in applying for and in prosecuting any claim for such taking and further agree, that the aggregate net award pertaining to the Premises, after deducting all expenses and costs, including attorneys fees, incurred in connection therewith, payable to both Landlord and Tenant (the Fund ) shall be paid and distributed as follows: (1) There shall first be paid out of the Fund to the holder or holders of any mortgage or mortgages affecting the Premises the then unpaid amounts due under such mortgage or mortgages in the order of their priority. (2) Next, Landlord shall be paid out of the balance of the Fund, if any, an amount equal to the fair market value of the land taken from Landlord, considered as vacant, unencumbered and unrestricted land, as of the date of taking (or purchase), together with interest thereon from the date of taking (or purchase) to the date of payment at the rate paid on said award, and if such value shall be officially determined and stated in the condemnation

96 proceedings, then the amount thereof shall control for the purposes hereof, otherwise the same, unless agreed upon by the parties to this Lease, shall be determined by arbitration. (3) Any part of the Fund then remaining after the payments specified in subparagraphs (1) and (2) above shall be paid to Tenant. (c) (1) In the event of a partial taking (or purchase) not resulting in the termination of this Lease, pursuant to the provisions of paragraph (a) of this Section 17, Tenant shall, at its own cost and expense, make all repairs to the buildings and improvements on the Premises affected by such taking (or purchase) to the extent necessary to restore the same to a complete architectural unit (to the extent permitted, however, taking into consideration the amount of land remaining after any such taking or purchase); provided, however, that Tenant shall not be obligated to expend an amount in excess of the proceeds of the net award available to Tenant for such purposes, as hereinafter provided; provided, further, that Tenant shall have no obligation to make any repairs if such taking (or purchase) occurs during the last two (2) years of the term. (2) All compensation available or paid to Landlord and Tenant upon such a partial taking (or purchase) shall, subject to the requirements of any mortgage or mortgages affecting the Premises, be paid to Tenant for the purpose of paying towards the cost of such restoration or, in the event that the parties hereto agree that only a portion of the aggregate award is sufficient to so restore, then only such portion as agreed upon shall be paid to Tenant for such purpose and the balance shall be distributed pursuant to subparagraph (3) of this paragraph (c) of this Section 17. (3) All compensation available or paid to Landlord and Tenant upon such a partial taking (or purchase) in excess of the amount thereof needed by Tenant to repair and restore the buildings and improvements shall be distributed in the same manner as is provided in subparagraphs (2) and (3) of paragraph (b) of this Section 17, except that all compensation for any temporary taking shall be distributed to Tenant without participation by Landlord. SECTION 18. Utility Easements And Highway Alignment: Tenant shall have the right to enter into reasonable agreements with utility companies and/or public authorities that provide utilities, creating easements in favor of such companies and/or authorities as are required in order to service the occupants of the buildings on the Premises, and Landlord covenants and agrees to consent thereto and to execute any and all documents, agreements and instruments, and to take all other actions, in order to effectuate the same. SECTION 19. Mortgages: Landlord hereby covenants and agrees that during the Term, Landlord shall not, without Tenant s prior written consent, mortgage or otherwise create any security or other liens or encumbrances upon or affecting the fee interest in the Premises, or the buildings, improvements, fixtures, equipment or other property thereon, or any part thereof, at any time and from time to time, and Landlord shall not have the right or power to mortgage or to modify, extend, renew, replace, refinance or otherwise change or affect any mortgage at any time or from time to time created by Tenant pursuant to this Lease, and Landlord covenants and

97 agrees that all such rights and powers are hereby exclusively and irrevocably vested in and granted to Tenant, subject to the terms and conditions herein set forth. SECTION 20. Leasehold Mortgages: Tenant and every successor and assign of Tenant is hereby given the right by Landlord in addition to any other rights herein granted, without Landlord s prior written consent, to mortgage its interests in this Lease, or any part or parts thereof, under one or more leasehold mortgage(s), and to assign this Lease, or any part or parts thereof, and any subleases as collateral security for such mortgage(s), upon the condition that all rights acquired under such mortgage(s) shall be subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights and interests of Landlord herein, none of which covenants, conditions or restrictions is or shall be waived by Landlord by reason of the right given so to mortgage such interest in this Lease, except as expressly provided herein. SECTION 21. Subleases: If for any reason this Lease and the leasehold estate of Tenant hereunder is terminated by Landlord by summary proceedings or otherwise in accordance with the terms of this Lease, Landlord covenants and agrees that such termination of this Lease shall not result in a termination of any sublease affecting the Premises and that they shall all continue for the duration of their respective terms and any extensions thereof as a direct lease between Landlord hereunder and the subtenant thereunder, with the same force and effect as if Landlord hereunder had originally entered into such sublease as Landlord thereunder. Any such subtenant shall not be named or joined in any action or proceeding by Landlord under this Lease to recover possession of the Premises or for any other relief. Landlord shall, upon request, execute, acknowledge and deliver such agreements evidencing and agreeing to the foregoing as each subtenant shall require. SECTION 22. Performance By Subtenant: Any act required to be performed by Tenant pursuant to the terms of this Lease may be performed by any subtenant of Tenant occupying all or any part of the Premises and the performance of such act shall be deemed to be performance by Tenant and shall be acceptable as Tenant s act by Landlord. SECTION 23. Quiet Enjoyment; Landlord s Warranties: Tenant, upon paying the rent and additional rent and all other sums and charges to be paid by it as herein provided, and observing and keeping all covenants, warranties, agreements and conditions of this Lease on its part to be kept, shall quietly have and enjoy the Premises during the Term, without hindrance or molestation. SECTION 24. Defaults: (a) In the event any one or more of the following events shall have occurred and shall not have been remedied as hereinafter provided: (1) Tenant s failure to pay any installment of rent or additional rent when the same shall be due and payable and the continuance of such failure for a period of thirty (30) days after receipt by Tenant of notice in writing from Landlord specifying in detail the nature of such failure; or (2) Tenant s failure to perform any of the other covenants, conditions and agreements herein contained on Tenant s part to be kept or performed and the continuance of such failure without the curing of same for a period of sixty (60) days after receipt by Tenant of notice in writing from Landlord specifying in

98 detail the nature of such failure, and provided Tenant shall not cure said failure as provided in paragraph (b) of this Section 24; then, Landlord may, at its option, give to Tenant a notice of election to end the Term upon a date specified in such notice, which date shall be not less than ten (10) business days (Saturdays, Sundays and legal holidays excluded) after the date of receipt by Tenant of such notice from Landlord, and upon the date specified in said notice, the term and estate hereby vested in Tenant shall cease and any and all other right, title and interest of Tenant hereunder shall likewise cease without further notice or lapse of time, as fully and with like effect as if the entire Term had elapsed, but Tenant shall continue to be liable to Landlord as hereinafter provided. Simultaneously with the sending of the notice to Tenant, hereinbefore provided for, Landlord shall send a copy of such notice to any leasehold mortgagee(s) and to any persons or parties having an interest in the Premises that Tenant may select in writing from time to time. The curing of any default(s) within the above time limits by any of the aforesaid parties or combination thereof, shall constitute a curing of any default(s) hereunder with like effect as if Tenant had cured same hereunder. (b) In the event that Landlord gives notice of a default of such a nature that it cannot be cured within such sixty (60) day period, then such default shall not be deemed to continue so long as Tenant, after receiving such notice, proceeds to cure the default as soon as reasonably possible and continues to take all steps necessary to complete the same within a period of time which, under all prevailing circumstances, shall be reasonable. No default shall be deemed to continue if and so long as Tenant shall be so proceeding to cure the same in good faith or be delayed in or prevented from curing the same by any of the causes specified in Section 26 hereof. (c) Notwithstanding anything to the contrary contained in this Section 24, in the event that any default(s) of Tenant shall be cured in any manner hereinbefore provided, such default(s) shall be deemed never to have occurred and Tenant s right hereunder shall continue unaffected by such default(s). (d) Upon any termination of the Term pursuant to paragraph (a) of this Section 24, or at any time thereafter, Landlord may, in addition to and without prejudice to any other rights and remedies Landlord shall have at law or in equity, reenter the Premises, and recover possession thereof and dispossess any or all occupants of the Premises (except as provided in Section 21 hereof) in the manner prescribed by the statute relating to summary proceedings, or similar statutes. SECTION 25. [intentionally omitted] SECTION 26. Force Majeure: In the event that Landlord or Tenant shall be delayed, hindered in or prevented from the performance of any act (except for the payment of money) required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, the act, failure to act or default of the other party, war or other reason beyond their control, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay

99 SECTION 27. Notices: Every notice, approval, consent or other communication authorized or required by this Lease shall not be effective unless the same shall be in writing and handdelivered or sent via U. S. Mail, directed to the other party at its address hereinafter set forth, or such other address as either party may designate by notice given from time to time in accordance with this Section 27. All such notices and other communications initially shall be addressed to Landlord Town Manager, Town of Brunswick, 85 Union Street, Brunswick, ME ; and to Tenant at. SECTION 28. [intentionally omitted] SECTION 29. [intentionally omitted] SECTION 30. Governing Law: This Lease and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Maine. SECTION 31. Partial Invalidity: If any term, covenant, condition or provision of this Lease or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. SECTION 32. Interpretation: The terms Landlord and Tenant whenever used herein shall mean only the owner for the time being of Landlord s or Tenant s interest herein, and upon any sale or assignment of the interest of either Landlord or Tenant herein, their respective successors in interest and/or assigns shall, during the term of their ownership of their respective estates herein, be deemed to be Landlord or Tenant, as the case may be. SECTION 33. Parties: Except as herein otherwise expressly provided, the covenants, conditions and agreements contained in this Lease shall bind and inure to the benefit of Landlord and Tenant and their respective heirs, successors, administrators and assigns. SECTION 34. [intentionally omitted] SECTION 35. Memorandum of Lease: The parties to this Lease hereby agree that this Lease shall not be recorded but that either party may, at its sole cost and expense, record a memorandum of lease

100 IN WITNESS WHEREOF, the parties hereto have executed this Lease under seal as of the day and year first above written. WITNESS: TOWN OF BRUNSWICK By: Name: Title: BRUNSWICK SEWER DISTRICT By: Name: Title:

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107 ITEM 153 BACK UP MATERIALS

108 ~own of ~runstuick, ;ffmatne INCORPORATED 1739 OFFICE OF THE TOWN ENGINEER 85 UNION STREET BRUNSWICK, MAINE TELEPHONE FAX November 16, 2018 John Eldridge, Town Manager Town of Brunswick 85 Union Street Brunswick, Maine Subject: Completion and Town Acceptance of Botany Place Drive Phases Cl and C2 Dear Mr. Eldridge, I have inspected all road work in the Botany Place Subdivision, Section Cl and C2 also referred to as Phases 8, 9, and 10, and find all work has been satisfactorily completed in conformance with the approved subdivision plans. We have also reviewed the attached deed submitted by the developer for Town Council acceptance of Botany Place Drive as depicted on the attached map showing this area. The deed description is accurate and appropriate. We have no objection to the Town's acceptance of this portion of Botany Place Drive. If you require any further information on the above project please feel free to contact me. Sincerely, Town of Brunswick ~2t Ryan J. Barnes Town Engineer Attachments: 1. Recorded Boundary Survey- Sitelines, PA 2. Surveyor Certification - Sitelines, PA 3. As Built Plan - Sitelines, PA 4. Road Title - Nathaniel Hussey Law Office 5. Sewer Acceptance - Brunswick Sewer District 6. Water Acceptance - Brunswick Topsham Water District 7. Warranty Deed - Nathaniel Hussey Law Office 8. Warrant Letter - Crooker Construction, LLC

109 I D I I I I \ LINE TAfll..E LINE LENGni BEARING L , '17"' L ~7' \ \ = L w., L '59' L N"J' "E L ~"08 1 w L =10" L '1o"I L NRG~1'S\n s: L S00'08'1o"E L <:nni1 1a-. L N56'29' 43"W L N81..., 45 s: L s: L "31'40"E L N56'09'29"W L N56'09'29"W L N30'22'29"W L N3Q'??.'29"W L NA7'Vl'?Q s: L N67'30'29"E L N58'39'50"W L N58 ~ 1;jfl""w L nn s: L oo i: L u.r1..a&i. 1 "1ln ic L N61'46'30"E L N89'51'50"E L N89.44'']1a u. L S00'08'10"E L ssaoo ~ E L s~ 1o E L S26'56'36"W L N05'58'13"E L N"J'..,. -;u;:...: " L N00'08'1 o w L \ CURVE TAfll..E CURVE LENGni RADIUS C C C C cs cs C Cll C C C C C C C C C C C C C ct....,.. T...,.. T N/F MINAT CORPORATION MAP U19, '--- '-- LOT 6E MACMILLAN DRIVE r -1--;/f-1--i-T T- 'l_:ir_t_i_ I I l'l/f RONALD l'l/f N/F N/f N/f ~,- N/f Gl=~y I PA~~" ~" I Wl~DAM = I BEJACHR~RD I,.:t" ANDI 11/F I N/F KEVIN I sc&rr,, l'l)f I DANIEL ~ ~ SUSAN DORIS WIWAM CASSIDY AND FRANK AND AND j ~~~~ I M~~~ I MfoT u:o I I "~,.-::.f""e STRICKLAND! CALl-OWAY I BROSNAN I AND usa I NANCY I PR1sauA SLINGER I.ENNIFER LOT 11 LOT 10 MAP U20 MAP U20 MfoT u;o Mt~T u;o Mt6T UfO MA~N~20 '!.~PS8~2~ MAP U19 LOT 60 ~~~ \ I~~~~ _L_ -- _i_ -L-OT 8 LOT 7 _I.., L ~T 3 I LO~ J 5811~1 ~~ LOT 61 _- I MASONIC LODGE N/F UNITED LODGE BUILDING CORPORATION BK 27659, PG 291 MAP U20 LOT 47 20' r~~ I I zl ~1~~ "! <DJ "'1 I O' RIGHT OF S CTION C2... N/f UNITED LODGE BUILDING CORPORATION BK 2934, PG 132 MAP U20 LOT 46 \ \ NICOLEN~ASON ~ "'!:':..., ~ \ \ SITE TABULATIONS: TOTAL AREA OF PARCEL AREA OF 'M:TLANDS AREA OF PROPOSED R/W DENSITY CALCULATION: TOTAi. AREA 'M:TLANDS NOT IN R/W PROPOSED R/W NET SITE AREA NUMBER OF UNITS AUO'M:D NUMBER OF UNITS PROPOSED NUMBER OF Ul'llTS COMPLETE NUMBER OF UNITS REMAINING ', t-..:o~-r ~-= 30' _, :, I_.--, MAP U20 LOT 101 / I N/F - i= / PHIWP io. \ >E ;;/F- DENSITY = 9,386± S.F. PER UNIT PHASING: / I KA~"!tol... '< /VIDANffENRY / M~R~o j'mwa~deborah / ~~~ MAP U20 LOT 102 LOT 103 MAP u 2 o LO 104f BEVERLY \ LOWERY '---- L J_ MAP U20 -~ LOT1~/ ACRES 0.80 ACRES 3.09 ACRES ACRES -.80 ACRES ACRES PHASE 7A: 6 UNITS (f44, f53-4n PHASE 78: 6 UNITS (158-62) PHASE 7C: 8 UNITS (#77-84) ACRES (APPROVED) (APPROVED) CUMBERLAND COUN1Y REGISTRY OF DEEDS: RECEIVED AT HRS MIN_ M, AND FllED IN PLAN BOOK PAGE -~ ATTESTED: REGISTER -,- 1 I i I I S CJJON Cl ' ' N89'47'47"E - :;;-- r- 7- N/f N/F N/f I R~~T I ANGELO I UOYD I BRENDA I MAP I MAP U20 ~ FERRO VANLUNEN SCHROEDER U20 LOT 108 MAP U20 I LOT 107 I LOT 106,, APPROVAL TOWN OF BRUNSWICK PLANNING BOARD I I /'--.. I I ~- N/F.EAl'I LACLAIR MAP U19 LOT 62 SECTION 82 PHASE 6 IN PROGRESS PHASE 5 (COMPLETE) BOTANY PLACE PHASE KEY MAP s 811'28'24" E - 6o2.03' N/F DANA &: JEANNE D'ARC MA YO MAP U20 LOT 83 BOOK 22031, PG. 241 SCALE: 1 "=200' , PHASE 3 (COMPLETE) SECTION A PHASE 4 (COMPLETE) 1- w Ct: 1- (/) ~ 0 Ct: I (t: I <( I CD I N/F PUBLIC PEDESTRIAN ANO BICYCLE MINAT EASEMENT {SEE GEN. NOTE#7) / ~ATION _ MAP U19 LOT 6E -- N/f \ N/F DANA AND ODILE MAYO \ DANA AND ODILE MAYO MAP U20 LOT 76 MAP U20 LOT 74 \ \ \ \ DAl'I AND RACHEL NADEAU MAP U20 LOT 72.. GRAPHIC SCALE I (DIPDT) 1 Inch = 100 ft. I I PHASE 2 (COMPLETE) WILDLIFE REFUGE (FORESTED 'M:TLANDS NOT DEUNEA TED N; -!/ s 811"47'47" w '.., I Ir --- LORREL NICHOLS MAP U20 LOT 70 I 11 DETENTION BASIN COMMON AREA DElDITION POND BOTANY PLACE PHASE ACREAGE: PHASE 1 (COMPLETE) PHASE 2 (COMPLETE) PHASE 2A (COMPLETE) PHASE 3 (COMPLETE) PHASE 4 (COMPLETE) PHASE 5 (COMPLETE) PHASE 6 (IN PROGRESS) PHASE 7A PHASE 78 PHASE 7C PHASE 8 PHASE 9 PHASE 10A PHASE10B TOTAL PHASES BOTANY PLACE DRIVE ROW MAP U19 LOT 1 TOTAL ACREAGE /o1> / ~ ~- / 'b.~.. N/F \<" ~ --.../ MAINE STREET \ / BAPTIST CHURCH ~ / MAP U20 LOT 54 \<'(., ~ SURVEYOR'S CERTIFICATION: N/f CHARLES AND BAUNDA WASHINGTON MAP U19 LOT I I 0.94 ACRES 1.71 ACRES 0.83 ACRES 4.04 ACRES 1.91 ACRES 1.57 ACRES 1.41 ACRES 1.22 ACRES 0.99 ACRES 1.50 ACRES 1.77 ACRES 1.39 ACRES 0.82 ACRES 0.70 ACRES ACRES 3.09 ACRES 0.90 ACRES ACRES N/F TOWN OF BRUNSWICK MAP U19 LOT 16 nils SURVEY CONFORMS TO nie MAINE BOARD OF UCENSURE FOR PROFESSIONAL LAl'IO SURVEYORS STANDARDS OF PRACTICE 'Mni THE FOUO'MNG CONDITIONS: 1.) NO SURVEYOR'S REPORT ~ITTEN 2.) NO DEED DESCRIPllONS ~ITTEN 3.) 1'10 MONUMENT A TION SET AS OF lllls DA TE NOT VALID UNLESS EM80SSED HERE L3 L2 20' DRAINAGE EASEMENT IS RETAINED BY BOTANY PLACE, UC TO ACCESS TOWN LAND. 10' x 280' ± PARCEL SOlD 10 YOST Wini EASEMENT RETAINED N/f MARK MURRAY... MAP U19 LOT N/F DEBORAH ZORACH MAP U19 LOT 03 / N/F FREDERICK \lt!ite MAP U10 LOT 29 N/f NANCY REISINGER MAP U10 LOT 1 ~ -~- :~..:: of Mai11e, (; umberla.ad SS. ~~!7.i of Deeds MiJ?A (?, 20 /9- at.d...h/3. m P M and recorded in PLmA::;,~ ~fti/ Botany Place Cartfrtt Ntighbol'hood Living PLAN REFERENCE: LOCATION MAP Nar TO SCALE 1. "BOUNDARY SURVEY FOR BOTANY PLACE, UC MAINE STREET BRUNSWICK, MAINE" DATED MAY 1, 2004 PREPARED BY DIRIGO LAND SERVICES, INC. RECORDED AT nie CUMBERLAND REGISTRY OF DEEDS, PLAN BOOK 204 PAGE 372.PJNE 22, 2004 GENERAL NOTES: 1. nie SITE IS OWNED BY BOTANY PLACE LL.C, P.O. BOX 811, BRUNSWICK, MAINE TOTAL AREA OF EXISTING LOTS = AC. 3. ORDINANCE STANDARDS: ZONE: R4 (MEREDlni DRIVE -WEST MCKEEN STREET NEIGHBORHOODS) MINIMUM LOT SIZE: 15,000 S.F. DIMENSION REQUIREMENTS: 1.) MINIMUM LOT WIDni: 100' 2.) YARD DEPTHS A) FRONT = 20' B) REAR = 20' C) SIDE - 15' 3.) MAXIMUM BUILDING HEIGHT - 35 ' MAXIMUM IMPERVIOUS SURFACE COVERAGE - 35S MAXIMUM BUILDING FOOTPRINT PER STRUCTURE - 5,000 S.F. MAXIMUM DENSITY USING PUBLIC SEWER - 5 UNITS PER ACRE MAXIMUM DENSITY USING SUBSURFACE WASTEWATER DISPOSAL SYSTEMS 1 UNIT PER 30,000 S.F. 4. nie SURFlCAL SOILS ARE CLASSIFIED BY nie SOIL SURVEY FOR SAGADAHOC COUNTY, MAINE BY THE SOIL CONSERVATION SERI/ICE -B - WINDSOR LOAMY SAND. 0 TO 8ll: SLOPES 5. PHASES 2A THROUGH 10 WIU TRIGGER nie MDEP SITE LOCATION OF DEVELOPMENT THRESHOLD. SEE DEPARTMENT ORDER jl a-n, DATED l'iovember 3, 2004 FOR APPROVAL 6. NO FENCES SHAU BE PLACED WlnilN TWO (2) FEET OF THE BACK EDGE OF SIDEWALKS. 7. PUBLIC EASEMENT FOR PEDESTRIAN AND BICYCLE USES ONLY W1U EXTEND OVER nie PRIVATE SIDEWALK, ROADWAY, AND BICYCLE PAni BEl't\EEN BOTANY PLACE DRIVE AND BARROWS STREET. 8. nie PARK, DETENTION POND, PICNIC AREA AND TRAIL SHAU BE OWNED AND MAINTAINED BY nie HOMEOWNER'S ASSOCIATION. 9. APPROXIMATE 'M:TLAND IMPACT IS 1,620 S.F. 10. TOTAL IMPERVIOUS AREA ORIGINAL APPROVALS: TOTAL IMPERVIOUS AREA ALI-OWED: AC. x AC. TOTAi. IMPERVIOUS AREA APPROVED: 8.67 AC. ADDITIONAL IMPERVIOUS AREA (UNIT 37): 600 SF (0.01 AC.) N/f UNIT COND MAP U11 LOT lD REVISED ROAD NAMES. SUBMITTED FOR APPROVAL REVISED PHASES 7-10 REVISED PHASE 7 &: 9 LAYOUT (MARKETING PLAN) REVISED PHASE 6 LAYOUT ISSUED FOR CONSTRUCTION SUBMITTED MYLAR FOR SIGNATURES REVISED PHASE 5 UNITS REVISED PHASE 5 AND UPDATE PARCEL INFORMATION SUBMITTED FOR TOWN REVIEW ADD ADDITIONAL PARCEL FROM PERRY REVISE TOTAL PRO.ECT ACREAGE ADD ADDITIONAL DRIVEWAY AREA UNIT 37 REVISED NATURE PAni AND DRIVEWAYS. ALSO ADD COMMON GARDENS REMOVED 15' EASEMENT; UPDATE PERRY LOT DATA RPL RPL RPL RPL RPL RPL RPL KPC KPC RPL RPL ADDED PERRY EASEMENT AMENDMENT, DETAIL "A" AND RPL NOTE 10 TD PLAN REVISED PEDESTRIAN EASEMENT, CURVE AND LINE TABLES REH REVISED PHASES 3, 4, & 8 LAYOUT, UPDATED ACCORDINGLY REVISED POND LAYOUT, RENUMBERED UNITS REH SUBMITTED TO MDEP FOR REVIEW AND APPROVAL REVISED SITE LAYOUT FOR PHASE 3 AND 8, ADDED POND REH SUBMITTED TO MDEP FOR REVIEW AND APPROVAL ADDED PEDESTRIAN AND BICYCLE EASEMENT TO TOWN REH REVISED LINE AND CURVE TABLE SUBMITTED MYLARS FOR PLANNING BOARD SIGNATURES REH UPDATED PLAN REFERENCE N01E, LINE TABLE ADDED PRIVATE DRIVE NAMES AND PHASE ACREAGE TABLE REH ADDED PORTIONS OF MAP U19 LOT 6E AQUIRED, ABUTTERS, REH CONDOMINIUM PLAN AMENDMENT TO PHASE 7-10 BOTANY PLACE - RESIDENTIAL CONDOMINIUMS BOTANY PLACE, LLC FIELD WK: BWM DRNBY: RPL CH'DBY: KPC DATE: CUMBERLAND COUNTY P.O. BOX BRUNSWICK, MAINE SITELINES, PA ENGINEERS PLANNERS SURVEYORS LANDSCAPE ARCHITECTS 8 CUMBERLAND STREET, BRUNSWICK, M SCALE: l" = 100' JOB#: 992 MAP/LOT: FILE: 992-MASTER PL SHEET: C2

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111 ` November 9, Ryan Barnes, PE Town Engineer Town of Brunswick 9 Industry Road Brunswick, ME RE: Road Acceptance Portion of Botany Place Drive Dear Ryan, Per Section of the Ordinance, we are providing this letter to certify that the improvements for Sections 2A and a portion of 2B of Botany Place Drive, as shown on the attached as-built plan have been constructed within the right-of-way and that public drainage structures lie within their respective easements. Additionally, six granite right-of-way markers have been set at the changes in course along the sidelines of the right-of-way offered for acceptance, as previously confirmed with you. Should you have any questions regarding this work or require additional information, please contact us. Very truly yours, Kevin P. Clark Kevin P. Clark, PLS President cc: Scott Howard

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113 NA THANIEL D. HUSSEY NATHANIEL HUSSEY LAW OFFICE 40 Main Sti-eet P.O. Box460 Damariscotta, ME I~ November~' 2018 Tel: (207) Fax: (207) James Higgins Town of Brunswick Public Works Department Brunswick, Maine Re: Botany Place Drive Dear Mr. Higgins: I hereby certify that I have examined or caused to be examined records in the Registry of Deeds within and for Cumberland County and State of Maine, and all instruments of record therein as reflected by indices affecting the title of the premises known as Botany Place Drive, Section B-3 and a portion of Section B-2, and Section C. I ce1tify that as of November 2, 2018 at 11: 59 p.m., Botany Place LLC was the record owner of the said premises in fee simple with good and marketable title thereto, free and clear of all encumbrances with the following exceptions: 1. Any bankruptcy proceedings and any and all provisions of any federal, state, county, or municipal rule, regulation, ordinance or private law. 2. Any condition which an on-site examination or survey of the premises might reveal, including the exact boundaries and quantity of land conveyed, and encroachments by buildings or use by abutters or others, or whether buildings are located within the deeded bounds. 3. Any filings of the Commercial Code of Maine other than those that appear in the Cumberland County Registry of Deeds. 4. No certification is made with respect to the compliance of the subject

114 real estate or the underlying transaction with Federal, State, or Municipal laws of the zoning or environmental nature such as the Site Selection Laws, Minimum Lot Size, Set Back and Frontage Laws, Shoreland Zoning Laws, Subdivision Laws, Flood Zoning Laws, local zoning ordinances and Land Use Regulation Laws. 5. Any unrecorded liens, including but not limited to mechanics or materialmens liens, and recorded liens against all persons other than owners of record. 6. Easements or rights of way granted to Central Maine Power Company dated October 28, 2011 and recorded at Book 29185, Page 182, dated November 9, 2011 and recorded at Book 29391, Page 347, and dated June 24, 2014 recorded in Book 31653, Pages Subservice line extension conveyance to Central Maine Power Company dated June 24, 2014, recorded in Book 31653, Page Easements to Maine Natural Gas Corporation dated September 11, 2017, recorded in Book 34439, Pages 75 and Mo1tgage to Bar Harbor Bank & Trust dated April 28, 2016, recorded in Book 33070, Page 92. Note this mortgage is secured by Phase 8, 9 and 10 Units and unsold Units in Phase 7, but further refers to rights and easements to use streets and roadways. 10. Mortgage to Harry C. Crooker & Sons, Inc., now Crooker Construction LLC, dated December 7, 2009, recorded in Book 27453, Page Line Extension Conveyance and Easement to Central Maine Power Company, both dated June 18, 2018, recorded in Book 35018, Pages 28 and 29 respectively. I have not contacted the Town of Bnmswick, but as of the date of title certification, no liens for unpaid property taxes or other assessments appeared in the Registry of Deeds.?f:l/l"" Nat.r:i,, Esq.

115 10 PINE TREE ROAD BRUNSWICK, MAINE FAX (207) TELEPHONE (207) October 22, 2018 Scott D. Howard Owner Botany Place, LLC Botany Place Drive Brunswick, Me RE: Botany Place Drive Phases 8,9, & 10. Dear Scott, The Brunswick Sewer District has witnessed and inspected the installation of sewer mains along Botany Place Drive, commonly known as Botany Place Phases 8,9, and 10. This is the remainder of Botany Place Drive and shall complete the public sewer portion of the project. The work has been completed in a satisfactory manner. The Brunswick Sewer District intends to take over ownership of the sewer mains by Board of Trustee s resolution upon acceptance by the Town of Brunswick as a town way. Please notify us when the town accepts the road way. If you have any questions, comments, or concerns, please contact me at or rpontau@brunswicksewer.org. Sincerely, Robert A. Pontau Jr., PE Assistant General Manager

116 Alan J. Frasier, PE General Manager Craig W. Douglas, PE Assistant General Manager October 29, 2018 Scott Howard Priority Real Estate Group 2 Main Street Topsham, ME Via scottdhoward@hotmail.com RE: Botany Place Water Main Acceptance Dear Mr. Howard: PO Box 489 Topsham, Maine Telephone (207) Fax (207) Daniel O. Knowles, CPA Director of Finance and Data Management Systems Joshua S. Cobb, PE Director of Operations This letter is to inform you that the District has accepted ownership of the water mains, hydrants, and service lines up to the service shut-off valves for Botany Place Phase 9 and 10-A, as well as the portion of the water main installed under Botany Place Drive as part of Phase 10-B. Please let me know if you need any additional information. Sincerely, T.C. Schofield, EI Assistant District Engineer QUALITY AND RELIABILITY SINCE 1903

117 WARRANTY DEED BOTANY PLACE, LLC, a Maine Limited Liability Corporation, with its principal place of business at 336 High Head Road, Harpswell, Maine, 04079, for one dollar and other valuable consideration paid by the TOWN OF BRUNSWICK, a municipal corporation organized and existing under the laws of the State of Maine, the receipt of which is hereby acknowledged, does hereby grant, with WARRANTY COVENANTS, unto the said Town of Brunswick all its right, title and interest in the parcels of land described below. A certain lot or parcel of land, located easterly of Baribeau Drive, in the Town of Brunswick, County of Cumberland, State of Maine, being a portion of the proposed roadway named Botany Place Drive, as shown on a plan entitled Condominium Plan, Botany Place Residential Condominiums, prepared for Botany Place, LLC, dated November 16, 2004, prepared by Sitelines, PA, recorded at said registry in Plan Book 205, Page 20. Said parcel being more particularly bounded and described as follows: PARCEL I: BOTANY PLACE DRIVE PORTIONS OF SECTIONS B-2, B-3 AND C A certain lot or parcel of land, located northwesterly of Maine Street, in the Town of Brunswick, County of Cumberland, State of Maine, being a portion of the proposed roadway named Botany Place Drive, as shown on a plan entitled Condominium Plan, Botany Place Residential Condominiums, prepared for Botany Place, LLC, dated November 16, 2004, prepared by Sitelines, PA, recorded at said registry in Plan Book 205, Page 20. Said parcel being more particularly bounded and described as follows: BEGINNING at the southwesterly corner of the accepted portion of Botany Place Drive (Portion of Section B-2), as described in a deed recorded at the Cumberland County Registry in Book 31794, Page 90 and shown on a plan entitled Condominium Plan, Phase 6 Amendment, Botany Place Residential Condominiums, prepared for Botany Place, LLC, dated April 9, 2013, prepared by Sitelines, PA, recorded at said registry in Plan Book 213, Page 106; THENCE, N 90º W, along the southerly sideline of said Botany Place Drive, a distance of feet to a monument set at a point of curvature; THENCE, in a general westerly direction along the southerly sideline of said Botany Place Drive, being a foot radius curve that is concave to the south, a distance of feet to a monument set at a point of tangency; THENCE, S 61º W, along the southeasterly sideline of said Botany Place Drive, a distance of feet to a point; THENCE, N 28º W, along the southwesterly terminus of said Botany Place Drive, a distance of feet to a monument set; THENCE, N 61º E, along the northerly sideline of said Botany Place Drive, a distance of

118 70.83 feet to a monument set at a point of curvature; THENCE, in a general easterly direction along the northerly sideline of said Botany Place Drive, being a radius curve that is concave to the south, a distance of feet to a monument set at a point of tangency; THENCE, S 90º E, along the northerly sideline of said Botany Place Drive, a distance of feet to the northwesterly corner of the accepted portion of said Botany Place Drive; THENCE, S 00º E, along the westerly terminus of the accepted portion of said Botany Place Drive, a distance of feet to the POINT OF BEGINNING. Containing 16,135 sq. ft. or 0.37 acres, more or less. BOTANY PLACE DRIVE SECTION B-2 TEMPORARY TURNAROUND A certain lot or parcel of land, located on the northerly side of Botany Place Drive, in the Town of Brunswick, County of Cumberland, State of Maine, being more particularly bounded and described as follows: Beginning at a point on the northwesterly sideline of Botany Place Drive, said point being located N 61º E, a distance of feet from the northwesterly most corner of the parcel described above; THENCE, N 28º W, a distance of feet to a point; THENCE, N 61º E, a distance of feet to a point; THENCE, S 28º E, a distance of feet to a point on the northerly sideline of said Botany Place Drive; THENCE, S 61º W, a distance of feet to the PONT OF BEGINNING. Containing 2,500 sq. ft. or 0.06 acres, more or less. PARCEL II BOTANY PLACE DRIVE PORTION OF SECTION C BEGINNING at a monument found at the northwesterly corner of Parcel I, described above, and shown on a plan entitled Condominium Plan, Amendment to Phase 7-10, Botany Place Residential Condominiums, prepared for Botany Place, LLC, revised February 21, 2014, prepared by Sitelines, PA, recorded at said registry in Plan Book 214, Page 85;

119 THENCE, S 28º E, along the southwesterly terminus of said Botany Place Drive, a distance of feet to a point; THENCE, in a general westerly direction along the southerly sideline of said Botany Place Drive, being a non-tangent foot radius curve that is concave to the north, a distance of feet to a monument set at a point of tangency; THENCE, N 89º W, along the southerly sideline of said Botany Place Drive, a distance of feet to a monument set at a point of curvature; THENCE, in a general westerly direction along the southerly sideline of said Botany Place Drive, being a foot radius curve that is concave to the south, a distance of feet to a monument set at a point of compound curvature; THENCE, in a general southwesterly direction along the southerly sideline of said Botany Place Drive, being a foot radius curve that is concave to the southeast, a distance of feet to a point on the easterly sideline of said Baribeau Drive; THENCE, in a general northerly direction along the easterly sideline of said Baribeau Drive, being a non-tangent foot radius curve that is concave to the east, a distance of feet to a point; THENCE, in a general southeasterly direction along the northerly sideline of said Botany Place Drive, being a non-tangent foot radius curve that is concave to the northeast, a distance of feet to a monument set at a point of reverse curvature; THENCE, in a general easterly direction along the northerly sideline of said Botany Place Drive, being a foot radius curve that is concave to the south, a distance of feet to a monument set at a point of tangency; THENCE, S 89º E, along the northerly sideline of said Botany Place Drive, a distance of feet to a monument set at a point of curvature; THENCE, in a general easterly direction along the northerly sideline of said Botany Place Drive, being a foot radius curve that is concave to the north, a distance of feet to the POINT OF BEGINNING. Containing 39,016 sq. ft. or 0.90 acres, more or less. ALSO CONVEYING HEREWITH Grantor s right, title and interest in the drainage infrastructure located over, under and in said roads; subject however, to the rights of all public utilities with respect thereto, and any easements or rights of way of record, including, but not limited to easements and rights of way granted to Central Maine Power Company dated October 28, 2011 and recorded in Book 29185, Page 182 and dated November 9, 2011 and recorded at Book 29391, Page 347.

120 WITNESS my hand and seal in my duly authorized capacity as a member of Botany Place, LLC on this day of, 2018 BOTANY PLACE, LLC By: Scott D. Howard, Member STATE OF MAINE, 2018 Cumberland, ss. Personally appeared the above-named Scott D. Howard in his duly authorized capacity as a Member of Botany Place, LLC, and acknowledged the foregoing instrument to be his free act and deed in his said capacity. Before me, Notary Public/Attorney at Law State of Maine. Cumberland, ss. November, 2018 The Town of Brunswick, by and through its undersigned Town Manager, being duly authorized by the Town Council of the Town of Brunswick, Maine, hereby acknowledges its acceptance of the within conveyance of Botany Place. John S. Eldridge Town Manager Personally appeared the above-named John S. Eldridge in his duly authorized capacity as Town Manager, and acknowledged the foregoing instrument to be his free act and deed in his said capacity. Before me, Notary Public/Attorney at Law

121 November 14, 2018 Ryan Barnes Town of Brunswick 85 Union St. Brunswick, Maine Re: Botany Place Drive Warranty Letter Mr. Barnes, Crooker Construction, LLC attests that all work performed on Botany Place Dr. in Brunswick, Maine is in accordance with the contract documents and authorized modifications thereto. This work will be free from defects of material and workmanship for a period of one (2) years from the date of substantial completion, November 9, Should any defect develop during the warranty period due to improper materials and or workmanship, upon written notice from the owner, the defect shall be promptly repaired at no expense to the owner. This warranty specifically excludes damage resulting from abuse, misuse, alterations to the work not executed by Crooker Construction, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. Please contact me with any comments or questions. Sincerely, Brett Plossay Project Manager

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129 ~own of ~run!)tuick, ;fflaine INCORPORATED 1739 OFFICE OF THE TOWN ENGINEER 85 UNION STREET BRUNSWICK, MAINE TELEPHONE FAX November 27, 2018 John Eldridge, Town Manager Town of Brunswick 85 Union Street Brunswick, Maine Subject: Completion and Town Acceptance of Pine Street (Relocated Section) Dear Mr. Eldridge, I have inspected all road work associated with the relocated portion of Pine Street and find all work has been satisfactorily completed in conformance with the approved subdivision plans. We have also reviewed the attached deed submitted by Bowdoin College for Town Council acceptance of Pine Street as depicted on the attached map showing this area. The deed description is accurate and appropriate. We have no objection to the Town's acceptance of this portion of Pine Street. If you require any further information on the above project please feel free to contact me. Sincerely, Town of Brunswick z.~ Town Engineer Attachments: 1. As Built Plan 2. Water Acceptance 3. Warranty Deed

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133 DEED DLN: Bowdoin College, a Maine corporation, grants to the Town of Brunswick, a body politic and corporate in Cumberland County, Maine, in accordance with 23 M.R.S. 3025, fee title to the strip of land in Brunswick, Cumberland County, Maine, bounded and described as follows: Beginning at a granite monument re-set in the southerly side of Bath Road at the northwesterly corner of land now or formerly of Morse Holdings, LLC, as described in the deed recorded in the Cumberland County Registry of Deeds in Book 21361, Page 261, and as shown on the plan dated May 08, 1970, recorded in said Registry in Plan Book 83. Page 19; Thence S W along said Morse Holdings, LLC, land feet to a 1-1/2 iron pipe; Thence S W along land now or formerly of William L. Elmore as described in the deed recorded in said Registry in Book 31754, Page 025, a distance of feet to a mag nail set in pavement in the northeasterly line of Pine Street; Thence S W, crossing Pine Street, feet to a point in the southwesterly line of Pine Street; Thence S E along the southwesterly line of Pine Street feet to the intersection with the northeasterly line of Bowker Street; Thence N W along the northeasterly line of Bowker Street feet to a granite monument set; Thence N E along other land of Bowdoin College feet to a granite monument set; Thence N W along other land of Bowdoin College feet to a granite monument set; Thence along other land of Bowdoin College, following a curve to the right having a radius of feet, a distance of feet to a granite monument set;

134 Thence N E along other land of Bowdoin College feet to a granite monument set; Thence along other land of Bowdoin College, following a curve to the left having a radius of feet, a distance of feet to a granite monument set; which point is S E of and feet from an iron rod set at the southeasterly corner of the area known as Wooded Buffer #2 ; Thence N E along other land of Bowdoin College feet to a granite monument set; Thence along other land of Bowdoin College, following a curve to the left having a radius of feet, a distance of feet to a granite monument set in the southerly line of Bath Road; which point is N E of and 5.01 feet from an iron rod set at the northeasterly corner of the area known as Wooded Buffer #2 ; Thence S E along Bath Road feet to the point of beginning. Said parcel contains 1.36 acres. This conveyance is made together with a drainage easement for the use, maintenance, and replacement of the storm drainage structures located westerly of the parcel described above, which easement burdens a strip of land 15 feet in width, more particularly described as follows: Beginning at a granite monument set at a point of curvature in the westerly line of the parcel described above, which point is S E of and feet from an iron rod set at the southeasterly corner of the area known as Wooded Buffer #2 ; Thence along the parcel described above, following a curve to the right having a radius of feet, a distance of feet to a granite monument set; said curve has a chord bearing of S W and a chord length of feet; Thence S W along the parcel described above feet to a granite monument set; Thence along the parcel described, above following a curve to the left having a radius of feet, a distance of 30.0 feet to a point; Thence N W across other land of Bowdoin College 15.0 feet to a point; Thence across other land of Bowdoin College, following a curve to the right having a radius of feet, a distance of 36.0 feet to a point;

135 Thence N E across other land of Bowdoin College feet to a point; Thence across other land of Bowdoin College, following a curve to the left having a radius of feet, a distance of feet to a point; Thence S E across other land of Bowdoin College, feet to the point of beginning. This conveyance is made together with an easement for the plowing, piling, and removal of snow within the strip of land 15 feet in width, bounded on the southeast by the northwesterly sideline of Pine Street 2018 Construction as shown on the plan described below, which sideline is also the northwesterly line of the parcel first described above, and lying generally northwesterly across from the island within the said Pine Street 2018 Construction, which island is approximately 85 feet southwesterly from the sideline of Bath Road. All bearings in the foregoing descriptions refer to magnetic north, as observed in December All iron rods set are #6 rebar with identification caps embossed HARTY PLS#2089. All granite monuments set are four inch square granite monuments with identification caps embossed PLS#2089. Reference is made to the plan entitled Boundary Survey Plan, Pine Street As-Built 2018, Brunswick, Maine, dated November 13, 2018, prepared for Bowdoin College by Harty & Harty, Professional Land Surveyors, to be recorded herewith. For the source of title, reference may be had to the deeds to Bowdoin College recorded in the Cumberland County Registry of Deeds in Book 28, Page 166; Book 899, Page 339; Book 2853, Page 445; and Book 34600, Page 048. In witness whereof, Bowdoin College has caused this instrument to be signed and sealed in its corporate name by its undersigned officer, hereunto duly authorized, this day of December, Bowdoin College Witness By Matthew P. Orlando, Treasurer

136 STATE OF MAINE Cumberland County December, 2018 The above named Matthew P. Orlando, Treasurer of Bowdoin College, acknowledged before me the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of Bowdoin College. Notary Public/Attorney at law Print or type name as signed STATE OF MAINE Cumberland County December, 2018 The Town of Brunswick, through its undersigned Town Manager, being duly authorized by the Town Council, hereby acknowledges its acceptance of the within conveyance of Pine Street. John S. Eldridge Town Manager

137 Alan J. Frasier, PE General Manager Craig W. Douglas, PE Assistant General Manager November 26, 2018 John Simoneau, PE Bowdoin College 3800 College Station Brunswick, ME Via RE: Pine Street Water Main Acceptance Dear Mr. Simoneau: PO Box 489 Topsham, Maine Telephone (207) Fax (207) Daniel O. Knowles, CPA Director of Finance and Data Management Systems Joshua S. Cobb, PE Director of Operations This letter is to inform you that the District has accepted ownership of the water mains and service lines up to the service shut-off valves for Pine Street. Please let me know if you need any additional information. Sincerely, T.C. Schofield, EI Assistant District Engineer QUALITY AND RELIABILITY SINCE 1903