On the agenda: Brewer meeting — Data Center (Apr 28)

CITY COUNCIL SPECIAL MEETING
Tuesday, April 28, 2026, 3:30 P.M.
Brewer City Hall Council Chambers
I.
II.
III.
A.
B.
IV.

V.
C.

Call to Order. (Mayor Morin)
Roll Call. (City Clerk)
Pledge of Allegiance to the Flag of the United States of America. (Mayor Morin)
Minutes. (none)
Awards, Petitions and Public Comments.
1.
Public Comments.
Recess for Public Hearing.
1.
Applications for Renewal of City Amusement Licenses
1.
Between Friends/Next Generation Theatre, 39 Center Street
2.
Brewer Eagles Club, 22 Atlantic Avenue
3.
Brewster’s Fine Food & Drink, 359 Wilson Street
4.
Cap’s Tavern, 494 South Main Street
5.
High Tide Restaurant & Bar, 5 South Main Street
6.
Jeff’s Catering + Event Center, 15 Event Center Way
7.
Mason’s Brewing Company, 15 Hardy Street
8.
Penny Lane Bar and Grill, 534 Wilson Street
Adjourn Public Hearing.
Consent Calendar.
1.
(2026-A079) ORDER
Issue amusement license to Between Friends/Next
Generation Theatre, 39 Center Street, Brewer, Maine.
(Councilor Kimball)
2.
(2026-A080) ORDER
Issue amusement license to Brewster’s Fine Food & Drink,
359 Wilson Street, Brewer, Maine. (Councilor Phanthay)
3.
(2026-A081) ORDER
Issue amusement license to Cap’s Tavern, 494 South Main
Street, Brewer, Maine. (Councilor Daniels)
4.
(2026-A082) ORDER
Issue amusement license to High Tide Restaurant & Bar, 5
South Main Street, Brewer, Maine. (Councilor O’Halloran)
5.
(2026-A083) ORDER
Issue amusement license to Jeff’s Catering + Event Center,
15 Event Center Way, Brewer, Maine. (Councilor Kimball)
6.
(2026-A084) ORDER
Issue amusement license to Mason’s Brewing Company, 15
Hardy Street, Brewer, Maine. (Councilor Phanthay)
7.
(2026-A085) ORDER
Authorize contract with Catalis for Assessing Computer
Aided Mass Appraisal Software. (Councilor Daniels)
8.
(2026-A086) ORDER
Authorize contract with Woodard & Curran for engineering
services for design and replacement of stream crossing at
Felts Brook on North Main Street. (Councilor O’Halloran)
9.
(2026-A087) ORDER
Commit local match for Maine Infrastructure Adaptation
Fund grant application. (Councilor Kimball)
10.
(2026-A088) ORDER
Authorize Urban Partnership Initiative Agreement with
Maine Department of Transportation for South Main Street
and Cianbro signal project. (Councilor Phanthay)

D.
E.
F.
G.

H.
I.

Monthly Reports. (none)
Nominations, Appointments, Elections. (none)
Unfinished Business. (none)
New Business.
1.
Consent Calendar.
1.
(2026-C008) ORDER
Amend Chapter 24 of the Charter, Codes and
Ordinances of the City of Brewer, entitled, “Land
Use Code”, Article 3, “Zoning Districts”, Section
306.5, “Schedule of Uses”. (Councilor Daniels)
2.
(2026-C009) ORDER
Amend Chapter 24 of the Charter, Codes and
Ordinances of the City of Brewer, entitled, “Land
Use Code”, Article 3, “Zoning Districts”, Section
307, “Dimensional Requirements”.
(Councilor O’Halloran)
3.
(2026-C010) ORDER
Amend Chapter 24 of the Charter, Codes and
Ordinances of the City of Brewer, entitled, “Land
Use Code”, Article 3, “Zoning Districts”, Article 4,
“Performance Standards”, and Article 14,
“Definitions”. (Councilor Kimball)
2.
(2026-A089) ORDER
Issue amusement license to Brewer Eagles Club, 22
Atlantic Avenue, Brewer, Maine. (Councilor O’Halloran)
3.
(2026-A090) ORDER
Issue amusement license to Penny Lane Bar & Grill, 534
Wilson Street, Brewer, Maine. (Councilor Phanthay)
4.
Discussion:
Proposed Waterfront Zone.
New Items with Leave of Council.
ADJOURN

CITY OF BREWER
PUBLIC NOTICE
Notice is hereby given that the Brewer City Council will hold a public hearing on Tuesday, April 28,
2026 at 3:30 p.m. in the Council Chambers at Brewer City Hall located at 80 North Main Street,
Brewer, Maine to consider applications from the following businesses for issuance of City amusement
licenses to permit them to have dancing and live entertainment on their premises, non-alcoholic as well
as those which are licensed by the State of Maine for the sale of alcohol:
Between Friends/Next Generation Theatre, 39 Center Street; Brewer Eagles Club, 22 Atlantic Avenue;
Brewster’s Fine Food & Drink, 359 Wilson Street; Cap’s Tavern, 494 South Main Street; High Tide
Restaurant & Bar, 5 South Main Street; Jeff’s Catering + Event Center, 15 Event Center Way; Mason’s
Brewing Company, 15 Hardy Street; Penny Lane Bar and Grill, 534 Wilson Street.
Any person may present written or oral comments at this public hearing on these applications.
Vincent P. Migliore
City Clerk
published in the BDN
April 21, 2026

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A079
TITLE:

April 28, 2026
ORDER,

ISSUE AMUSEMENT LICENSE TO BETWEEN FRIENDS/NEXT
GENERATION THEATRE, 39 CENTER STREET, BREWER, MAINE.
Filed April 13, 2026
By William Kimball

WHEREAS, an application for a City of Brewer Amusement License for Mermaid Enterprises,
LLC, d/b/a Between Friends/Next Generation Theatre, 39 Center Street, Brewer, Maine has been
received by the City Clerk and;
WHEREAS, the Brewer City Council held a public hearing on this application on April 28, 2026
in accordance with Chapter 20, Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City
of Brewer; and
WHEREAS, in issuing or denying a new or renewed license, the City Council shall give
consideration to: (a) the character of any applicant, (b) the location of the place of business, (c) the
manner in which it has been operated, and (d) whether the operation has endangered the health or safety
of persons in or on areas surrounding the place of business; and
WHEREAS, a license may be denied on one (1) or more of the grounds listed in Chapter 20,
Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City of Brewer; and
WHEREAS, after reviewing the application, and hearing testimony at the public hearing, the
City Council finds no grounds to deny this license request.
NOW, THEREFORE, BE IT ORDERED, that the City Clerk, as agent to the Licensing
Authority, to wit, the Brewer City Council, is herewith authorized and directed to issue a City of Brewer
Amusement License to Between Friends/Next Generation Theatre, 39 Center Street, Brewer, Maine, for
the City’s licensing year commencing May 4, 2026 and expiring May 3, 2027.

Statement of Fact: This is a yearly order for the renewal of an amusement license requiring a public
hearing and approval by Council.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A080
TITLE:

April 28, 2026
ORDER,

ISSUE AMUSEMENT LICENSE TO BREWSTER’S FINE FOOD &
DRINK, 359 WILSON STREET, BREWER, MAINE.
Filed April 14, 2026
By Soubanh Phanthay

WHEREAS, an application for a City of Brewer Amusement License for RMB&G, INC., d/b/a
Brewster’s Fine Food & Drink, 359 Wilson Street, Brewer, Maine has been received by the City Clerk
and;
WHEREAS, the Brewer City Council held a public hearing on this application on April 28, 2026
in accordance with Chapter 20, Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City
of Brewer; and
WHEREAS, in issuing or denying a new or renewed license, the City Council shall give
consideration to: (a) the character of any applicant, (b) the location of the place of business, (c) the
manner in which it has been operated, and (d) whether the operation has endangered the health or safety
of persons in or on areas surrounding the place of business; and
WHEREAS, a license may be denied on one (1) or more of the grounds listed in Chapter 20,
Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City of Brewer; and
WHEREAS, after reviewing the application, and hearing testimony at the public hearing, the
City Council finds no grounds to deny this license request.
NOW, THEREFORE, BE IT ORDERED, that the City Clerk, as agent to the Licensing
Authority, to wit, the Brewer City Council, is herewith authorized and directed to issue a City of Brewer
Amusement License to Brewster’s Fine Food & Drink, 359 Wilson Street, Brewer, Maine, for the City’s
licensing year commencing May 4, 2026 and expiring May 3, 2027.

Statement of Fact: This is a yearly order for the renewal of an amusement license requiring a public
hearing and approval by Council.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A081
TITLE:

April 28, 2026
ORDER,

ISSUE AMUSEMENT LICENSE TO CAP’S TAVERN, 494 SOUTH
MAIN STREET, BREWER, MAINE.
Filed April 13, 2026
By Michele LaBree Daniels

WHEREAS, an application for a City of Brewer Amusement License for Cap’s Tavern, 494
South Main Street, Brewer, Maine has been received by the City Clerk and;
WHEREAS, the Brewer City Council held a public hearing on this application on April 28, 2026
in accordance with Chapter 20, Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City
of Brewer; and
WHEREAS, in issuing or denying a new or renewed license, the City Council shall give
consideration to: (a) the character of any applicant, (b) the location of the place of business, (c) the
manner in which it has been operated, and (d) whether the operation has endangered the health or safety
of persons in or on areas surrounding the place of business; and
WHEREAS, a license may be denied on one (1) or more of the grounds listed in Chapter 20,
Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City of Brewer; and
WHEREAS, after reviewing the application, and hearing testimony at the public hearing, the
City Council finds no grounds to deny this license request.
NOW, THEREFORE, BE IT ORDERED, that the City Clerk, as agent to the Licensing
Authority, to wit, the Brewer City Council, is herewith authorized and directed to issue a City of Brewer
Amusement License to Cap’s Tavern, 494 South Main Street, Brewer, Maine, for the City’s licensing
year commencing May 4, 2026 and expiring May 3, 2027.

Statement of Fact: This is a yearly order for the renewal of an amusement license requiring a public
hearing and approval by Council.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A082
TITLE:

April 28, 2026
ORDER,

ISSUE AMUSEMENT LICENSE TO HIGH TIDE RESTAURANT &
BAR, 5 SOUTH MAIN STREET, BREWER, MAINE.
Filed April 14, 2026
By Dani O’Halloran

WHEREAS, an application for a City of Brewer Amusement License for High Tide Restaurant,
LLC, d/b/a High Tide Restaurant & Bar, 5 South Main Street, Brewer, Maine has been received by the
City Clerk and;
WHEREAS, the Brewer City Council held a public hearing on this application on April 28, 2026
in accordance with Chapter 20, Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City
of Brewer; and
WHEREAS, in issuing or denying a new or renewed license, the City Council shall give
consideration to: (a) the character of any applicant, (b) the location of the place of business, (c) the
manner in which it has been operated, and (d) whether the operation has endangered the health or safety
of persons in or on areas surrounding the place of business; and
WHEREAS, a license may be denied on one (1) or more of the grounds listed in Chapter 20,
Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City of Brewer; and
WHEREAS, after reviewing the application, and hearing testimony at the public hearing, the
City Council finds no grounds to deny this license request.
NOW, THEREFORE, BE IT ORDERED, that the City Clerk, as agent to the Licensing
Authority, to wit, the Brewer City Council, is herewith authorized and directed to issue a City of Brewer
Amusement License to High Tide Restaurant & Bar, 5 South Main Street, Brewer, Maine, for the City’s
licensing year commencing May 4, 2026 and expiring May 3, 2027.

Statement of Fact: This is a yearly order for the renewal of an amusement license requiring a public
hearing and approval by Council.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A083
TITLE:

April 28, 2026
ORDER,

ISSUE AMUSEMENT LICENSE TO JEFF’S CATERING + EVENT
CENTER, 15 EVENT CENTER WAY, BREWER, MAINE.
Filed April 17, 2026
By William Kimball

WHEREAS, an application for a City of Brewer Amusement License for Jeff’s Catering + Event
Center, 15 Event Center Way, Brewer, Maine has been received by the City Clerk and;
WHEREAS, the Brewer City Council held a public hearing on this application on April 28, 2026
in accordance with Chapter 20, Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City
of Brewer; and
WHEREAS, in issuing or denying a new or renewed license, the City Council shall give
consideration to: (a) the character of any applicant, (b) the location of the place of business, (c) the
manner in which it has been operated, and (d) whether the operation has endangered the health or safety
of persons in or on areas surrounding the place of business; and
WHEREAS, a license may be denied on one (1) or more of the grounds listed in Chapter 20,
Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City of Brewer; and
WHEREAS, after reviewing the application, and hearing testimony at the public hearing, the
City Council finds no grounds to deny this license request.
NOW, THEREFORE, BE IT ORDERED, that the City Clerk, as agent to the Licensing
Authority, to wit, the Brewer City Council, is herewith authorized and directed to issue a City of Brewer
Amusement License to Jeff’s Catering & Event Center, 15 Event Center Way, Brewer, Maine, for the
City’s licensing year commencing May 4, 2026 and expiring May 3, 2027.

Statement of Fact: This is a yearly order for the renewal of an amusement license requiring a public
hearing and approval by Council.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A084
TITLE:

April 28, 2026
ORDER,

ISSUE AMUSEMENT LICENSE TO MASON’S BREWING
COMPANY, 15 HARDY STREET, BREWER, MAINE.
Filed March 12, 2026
By Soubanh Phanthay

WHEREAS, an application for a City of Brewer Amusement License for Mason’s Brewing
Company, 15 Hardy Street, Brewer, Maine has been received by the City Clerk and;
WHEREAS, the Brewer City Council held a public hearing on this application on April 28, 2026
in accordance with Chapter 20, Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City
of Brewer; and
WHEREAS, in issuing or denying a new or renewed license, the City Council shall give
consideration to: (a) the character of any applicant, (b) the location of the place of business, (c) the
manner in which it has been operated, and (d) whether the operation has endangered the health or safety
of persons in or on areas surrounding the place of business; and
WHEREAS, a license may be denied on one (1) or more of the grounds listed in Chapter 20,
Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City of Brewer; and
WHEREAS, after reviewing the application, and hearing testimony at the public hearing, the
City Council finds no grounds to deny this license request.
NOW, THEREFORE, BE IT ORDERED, that the City Clerk, as agent to the Licensing
Authority, to wit, the Brewer City Council, is herewith authorized and directed to issue a City of Brewer
Amusement License to Mason’s Brewing Company, 15 Hardy Street, Brewer, Maine, for the City’s
licensing year commencing May 4, 2026 and expiring May 3, 2027.

Statement of Fact: This is a yearly order for the renewal of an amusement license requiring a public
hearing and approval by Council.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A085
TITLE:

April 28, 2026
ORDER,

AUTHORIZE CONTACT WITH CATALIS FOR ASSESSING
COMPUTER AIDED MASS APPRAISAL SOFTWARE.
Filed April 7, 2026
By Michele LaBree Daniels

WHEREAS, in Fiscal Year 2014 the City of Brewer entered into a contract with Vision
Government Solutions, Inc. (VGSI) for revaluation and Computer Aided Mass Appraisal (CAMA)
software services; and
WHEREAS, after twelve years of this contract, the City of Brewer Assessing Department has
identified an alternative vendor, Catalis, that can provide CAMA software services that better fit the
needs of the City; and
WHEREAS, Catalis has quoted the City the following rates:

Annual CAMA
Subscription Fee
One Time
Implementation Cost

FY2027

FY2028

FY2029

FY2030

FY2031

23,700

24,648

25,634

25,489

26,509

10,000
33,700

WHEREAS, with the execution of a contract with Catalis, the City will realize fiscal savings
throughout this five-year contact of approximately $14,000, gain significantly enhanced functionality
and realize operational efficiencies; and
WHEREAS, in addition to the Catalis implementation fee, there would be a one-time cost to
program the interface between the new CAMA system and the City’s ERP tax billing software.
NOW, THEREFORE, BE IT ORDERED, that the City of Brewer, by vote of its City Council,
herewith authorizes the City Manager, or his designee, to enter into a five-year contract with Catalis
starting July 1, 2026 to provide cloud-hosted CAMA software services, including the conversion of five
years of real and personal property data from the City’s current VGSI system, along with
implementation, integration, configuration, project management and training between July 1, 2026 and
September 30, 2026; and

BE IT FURTHER ORDERED, that the City Council hereby authorizes the appropriation and
expenditure of up to $20,000 of Unassigned Fund Balance (0109800-300901) to pay the one-time
implementation and CAMA bridge fees ($10,000 from the Assessing Computer Software account
(0115201-502300) and up to $10,000 from the Finance Computer Software account (0115501-502300);
and
BE IT FURTHER ORDERED, that the City Council of the City of Brewer herewith exercises its
authority under Section 404 of the City’s Purchasing Ordinance, Chapter 36 of the Charter, Codes and
Ordinances of the City of Brewer in the purchase of goods and contractor services for this project.

Statement of Fact: VGSI CAMA software no longer meets the needs of the City of Brewer. City
Assessor, Valerie Moon researched CAMA systems, reviewing systems by Tyler Technologies, Harris
Govern, Aumentum, and Catalis. Catalis was the choice of the City of Bangor in its most recent
revaluation. There are significant efficiencies available through the Catalis program. The first being
double the number of licenses, this will allow the Assistant City Manager, Economic Development and
Code Enforcement to access the assessment data from their offices. It will also allow for access to this
software in the field, which will create much greater efficiency in the assessing office. This Order will
direct the City manager to terminate the City’s contract with Vision Government Solutions, Inc.,
authorize the City Manager to enter into a five-year contract with Catalis and to use up to $20,000 in
Unassigned Fund Balance to pay the one-time fees associated with implementation.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A086
TITLE:

April 28, 2026
ORDER,

AUTHORIZE CONTRACT WITH WOODARD & CURRAN FOR
ENGINEERING SERVICES FOR DESIGN AND REPLACEMENT OF
STREAM CROSSING AT FELTS BROOK ON NORTH MAIN STREET.
Filed April 16, 2026
By Dani O’Halloran

WHEREAS, the water main, crossing Felts Brook on Route 9 (North Main Street in Brewer),
suffered a failure on April 2, 2026; and
WHEREAS, repair of this line requires temporary damming of the stream to access the failed
pipe; and
WHEREAS, prudent use of funds supports replacing this seventy-seven-year-old main within the
stream while also planning for future capacity, sizing, and system redundancy; and
WHEREAS, Woodard & Curran (W&C) of Bangor, Maine, has demonstrated expertise in water
system design and stream crossings.
NOW, THEREFORE, BE IT ORDERED, that the City of Brewer, by vote of its City Council,
hereby authorizes the Brewer City Manager, or his designee, to enter into a contract with Woodard &
Curran in the amount of $23,500 for engineering services for the replacement of the Felts Brook water
main, including design, preparation of bid documents, and construction administration; and
BE IT FURTHER ORDERED, that the City Council authorizes the appropriation and
expenditure of up to $23,500 from Water Capital Improvement Program Account Line Replacement – N
Main @ Felts Brook (0571001-571018), to be funded by a transfer of funds from the Water General
Capital Reserve Account (0700000-110805); and
BE IT FURTHER ORDERED, that the City Council of the City of Brewer hereby exercises its
authority under Section 404 of the City’s Purchasing Ordinance, Chapter 36 of the Charter, Codes, and
Ordinances of the City of Brewer to procure contractor services for this project.
Statement of Fact: Estimated cost to repair the failed section of the Felts Brook water main is 60% to
70% of the cost to fully replace the line, which is nearing the end of its expected service life, and
damming will be required for either option. It is prudent to proceed with a full replacement, and design
the crossing to accommodate future upgrades. This approach maximizes the value of the investment, and
helps avoid additional costs associated with future excavation and stream disturbance. This order is for
the associated costs of engineering necessary to design the crossing to meet modern engineering
standards.

Breakdown of Woodard & Curran Engineering Services Costs for
Felts Brook Water Main Project:

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A087
TITLE:

April 28, 2026
ORDER,

COMMIT LOCAL MATCH FOR MAINE INFRASTRUCTURE
ADAPTAION FUND GRANT APPLICATION.
Filed April 17, 2026
By William Kimball

WHEREAS, the City of Brewer owns and maintains critical drinking water infrastructure at
Hatcase Pond, including the access road, drainage systems, and pump station facilities; and
WHEREAS, the Hatcase Pond access road provides essential access to the City’s sole-source
drinking water supply and is vital to the continued operation, maintenance, and emergency response
capabilities of the municipal water system; and
WHEREAS, engineering evaluations have identified deficiencies in the existing roadway and
drainage infrastructure, including undersized culverts, erosion concerns, and vulnerability to
increasingly severe storm events; and
WHEREAS, the City of Brewer is seeking funding through the 2026 Maine Infrastructure
Adaptation Fund to implement improvements that will enhance the resilience and reliability of this
critical infrastructure; and
WHEREAS, the Maine Infrastructure Adaptation Fund requires a minimum local match of five
percent (5%) of the total project cost, which may be provided through cash and/or in-kind contributions,
including labor, equipment, or materials; and
WHEREAS, the City of Brewer Water Department has capital reserve funds set aside that can be
used to help meet the match requirement.
NOW, THEREFORE, BE IT ORDERED, that the City of Brewer, by vote of its City Council,
hereby commits to providing the required local match in an amount equal to five percent (5%) of the
total project cost, up to $50,000; and
BE IT FURTHER ORDERED, that the City Council authorizes the appropriation and
expenditure of the match funds from Watershed Protection Reserve account (0700000-110804).
Statement of Fact: This Order authorizes the City of Brewer to apply for funding through the 2026
Maine Infrastructure Adaptation Fund to support critical resilience improvements to the Hatcase Pond
access road and associated drinking water infrastructure. The Order also commits the City to providing
the required local match of five percent (5%) of the total project cost, in an amount not to exceed
$50,000, which may be satisfied through cash and/or in-kind contributions, including labor, equipment,
and materials.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A088
TITLE:

April 28, 2026
ORDER,

AUTHORIZE URBAN PARTNERSHIP INITIATIVE AGREEMENT
WITH MAINE DEPARTMENT OF TRANSPORTATION FOR SOUTH
MAIN STREET AND CIANBRO SIGNAL PROJECT.
Filed April 21, 2026
By Soubanh Phanthay

WHEREAS, as part of a Memorandum of Understanding with Municipal Planning
Organizations, Maine Department of Transportation (MDOT) has added a new funding source called the
Urban Partnership Initiative; and
WHEREAS, UPI is similar in function to the Municipal Partnership Initiative (MPI), but is only
open to municipalities within Municipal Planning Organizations, thus providing an additional funding
source for these larger communities; and
WHEREAS, the City of Brewer Engineering Department has received many requests for a
crossing on the south side of the intersection of South Main and the entrance to Cianbro; and
WHEREAS, incorporating a crosswalk into the existing traffic signal is the most logical solution
and provides pedestrians the safest means of crossing the intersection given the geometry of the roadway
in this area and other constraints; and
WHEREAS, the Engineering Department, on behalf of the City of Brewer, applied for and has
been awarded $200,000 in funding on a 50/50 (State share/City share) basis for Construction Year 2026
through the MDOT’s Urban Partnership Initiative for the purpose of constructing a new crosswalk at the
intersection of South Main and Cianbro to meet this request.
NOW, THEREFORE, BE IT ORDERED, that the City of Brewer City Manager, or his designee,
is authorized to execute an Urban Partnership Initiative Agreement with the Maine Department of
Transportation in the amount of $200,000 (50/50 cost split) for this traffic safety work; and
BE IT FURTHER ORDERED, that the Brewer Finance Director shall include $200,000 in the
Fiscal Year 2027 for work at this intersection.
Statement of Fact: This order authorizes an Urban Partnership Initiative Agreement with the MDOT for
construction of a new sidewalk across South Main Street at the South Main and Cianbro intersection.
This funding source works exactly as the MPI program has worked in the past, but the funding is only
available to municipalities within Municipal Planning Organizations. This project will also look to do
other minor improvements at the intersection including new detection cameras and adding a battery
backup system.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-C008
TITLE:

April 28, 2026
ORDER,

AMEND CHAPTER 24 OF THE CHARTER, CODES AND
ORDINANCES OF THE CITY OF BREWER, ENTITLED “LAND USE
CODE”, ARTICLE 3, “ZONING DISTRICTS”, SECTION 306.5,
“SCHEDULE OF USES.
Filed April 17, 2026
By Michele LaBree Daniels

BE IT ORDAINED, by the City Council of the City of Brewer, that Chapter 24, of the Charter,
Codes and Ordinances of the City of Brewer, entitled “Land Use Code”, Article 3, “Zoning Districts”,
Section 306.5, “Schedule of Uses”, shall be amended as follows:
ARTICLE 3 ZONING DISTRICTS
306.5 SCHEDULE 0F USES (#31) (#46) (#52) (#57) (#63)
USE
RESIDENTIAL USES
Multi-family, 3
or more,
Dwelling Units
(#18)
Planned Unit
Development
Of Residential
Units
Short-Term
Rentals (#65)
Two-family
Dwelling Units
(#18)

RURAL

LDR

MDR-1

MDR-2

S69,70

S

S12,15,
16

S12,15,1
6

Y-71

P-70

P-70

HDR

HDR-2

CB

GB

S69,70

S-69,70

S69,70

P61,69,
70

S

S12,15,1
6

S12,15,
16

Y-71

Y-71

Y-72

P-70

P-70

P-70

P61,70

IND

IND2

OR

PB

DD

S69,
70

S65,
69,
70

Y71

Y71,
65
S65,
70

P70

Statement of Fact: This ordinance amendment is proposed to clarify residential uses consisting of two
dwelling units or more to correspond with existing residential housing definitions in Article 14. The
Planning Board held a public hearing on April 13, 2026 and unanimously made a favorable
recommendation to adopt this amendment to Chapter 24 Land Use Code as written. There were no
public comments.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-C009
TITLE:

April 28, 2026
ORDER,

AMEND CHAPTER 24 OF THE CHARTER, CODES AND
ORDINANCES OF THE CITY OF BREWER, ENTITLED “LAND USE
CODE”, ARTICLE 3, “ZONING DISTRICTS”, SECTION 307,
“DIMENSIONAL REQUIREMENTS.
Filed April 17, 2026
By Dani O’Halloran

BE IT ORDAINED, by the City Council of the City of Brewer, that Chapter 24, of the Charter,
Codes and Ordinances of the City of Brewer, entitled “Land Use Code”, Article 3, “Zoning Districts”,
Section 307, “Dimensional Requirements”, shall be amended as follows:
ARTICLE 3 ZONING DISTRICTS
307

DIMENSIONAL REQUIREMENTS (#31)

307.1 SCHEDULE OF DIMENSIONAL REQUIREMENTS (#57)
All parcels of land, structures and uses shall meet or exceed the following minimum dimensional
requirements. Non-conforming parcels of land cannot be created unless otherwise indicated in this
ordinance. Letters adjacent to some dimensional requirements refer to notes at the end of the schedule
which contain additional requirements. “N/A” shall mean “Not Allowed”. (#70)

4. Minimum
Depth
Frontage (feet)
(#25)
8. Maximum
Building
Height (feet)

RURAL
40-A

LDR
A-40-A

MDR-1
30-A

MDR-2
30-A

HDR
15-A

HDR-2
30-A

CB
20-A

GB
50F,E

IND
20-E

IND-2
30-E

OR
15-A

PB
50F,E

DD
0’

35M,N

35M,N

35M,N

35M,N

35M,N

65N,P

65N,P

65N/AN

70N/AN

70N/AN

35M,N

90M,N

65T,U

A. The lesser of: 1- the defined setback, or 2- the average setback of the six (6) adjacent structures
(three (3) on each side) except as otherwise provided in Reference may be had to Section 436.6
of this Land Use Code. (#25)
F. 75 feet on Wilson Street from Vista Way easterly to the Holden town line, and State Streets and
25 feet along Dirigo Drive. (#25)
N. Free standing structures not intended for human occupancy which are permitted uses and subject
to Site Plan Review may exceed the stated height limitation, provided that for each additional
linear foot in height, there is one (1) linear foot setback from adjacent property and street lines
added to the required setback. Whenever Federal, State, or City regulations impose a limitation
on maximum height of such structures, whichever standard between City, State, or Federal
regulations is stricter shall govern. Notwithstanding the above, all structures shall be subject to
City of Brewer adopted Codes and ordinances and may be subject to additional standards, codes,
or requirements specified in other sections of City of Brewer adopted ordinances.

Statement of Fact: This ordinance amendment is proposed to setback requirements and include
maximum building height in the GB, IND, and IND-2 zoning districts. The Planning Board held a public
hearing on April 13, 2026 and unanimously made a favorable recommendation to adopt this amendment
to Chapter 24 Land Use Code as written. There were no public comments.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-C010
TITLE:

April 28, 2026
ORDER,

AMEND CHAPTER 24 OF THE CHARTER, CODES AND
ORDINANCES OF THE CITY OF BREWER, ENTITLED “LAND USE
CODE”, ARTICLE 3, “ZONING DISTRICTS”, ARTICLE 4,
“PERFORMANCE STANDARDS”, AND ARTICLE 14,
“DEFINITIONS”.
Filed April 17, 2026
By William Kimball

BE IT ORDAINED, by the City Council of the City of Brewer, that Chapter 24, of the Charter,
Codes and Ordinances of the City of Brewer, entitled “Land Use Code”, Article 3, “Zoning Districts”,
Article 4, “Performance Standards”, and Article 14, “Definitions”, shall be amended as follows:
ARTICLE 3 ZONING DISTRICTS
306.5 SCHEDULE 0F USES (#31) (#46) (#52) (#57) (#63)
RURAL

USE

LDR

MDR1

MDR2

COMMERCIAL (continued)
Data Center, Tier 1

HDR

HDR-2

CB

GB

IND

IND-2

S-73

S-73

Data Center, Tier 2

S-73

Data Center, Tier 3

S-73

OR

PB

DD

Footnotes to Schedule of Land Uses
73. Data centers only in accordance with Article 4 Section 446. All Tier 1, 2, and 3 Data Centers shall
be supplied by off-lot water. See also Chapter 20 Licenses and Permits. All Tier 2 and 3 Data Centers
shall require major site plan review and approval by the Brewer Planning Board.

ARTICLE 4 PERFORMANCE STANDARDS
441.

DATA CENTERS

446.1

Purpose and Intent - The purpose of this ordinance section is to regulate the siting, development,
operation, and decommissioning of data centers in order to:
i.
Encourage data center development in appropriate locations.
ii. Protect residential neighborhoods and sensitive natural resources.
iii. Ensure that data centers operate safely and efficiently.
iv.
Manage impacts on electrical infrastructure, water resources, and noise.
v. Support economic development and technological investment in the City.

446.2

Regulations pertaining to all data centers.
i.
All data centers shall be designed, installed, and operated in accordance with all
applicable codes, regulations, and standards.
ii. No data center shall be installed or operated within the City of Brewer except in
compliance with this Article and all other local codes and ordinances.
iii. Required designs and documentation shall be signed by a Maine licensed professional.

446.3

Definitions - See Article 14 of this Land Use Code for definitions.

446.4

Permitting Process and Allowed Locations – See Article 3, section 306 of this Land Use Code.

446.5

Use Specific Performance Standards. In addition to submitting information to meet the site plan
requirements of Article 6 of this Land Use Code, the applicant shall include information to
demonstrate the following use specific performance standards are or will be met.
1. Noise Standards. The applicant shall submit a noise study showing that any noise will not
exceed the applicable standards of local ordinances and also noted below, and that there
will be no negative impacts on adjacent lots, and that no noise or vibrations are detectable
from nearby residences.
A. General Noise Limits. Noise from generators, cooling towers, chillers, and other
equipment shall not exceed:
i.
55 dBA at the property line adjacent to residential uses.
ii. 65 dBA at the property line adjacent to commercial uses.
iii. 70 dBA at the property line adjacent too industrial uses.
B. Generators. Emergency generators may exceed limits only during power outages
or scheduled testing, limited to:
i.
No more than 1 hour per week, Monday-Friday, 9:00 am-5:00pm.
ii. No testing on weekends or state holidays.
Tier 3 Data Centers must use acoustically-enclosed generators or equivalent
mitigation.

2. Energy Use and Electrical Infrastructure.
A. An Energy Impact Statement (EIS) is required for all Tier 3 data centers. The EIS
must include anticipated electrical demand, coordination with the electric utility,
planned efficiency measures, and peak load management strategies. Said EIS shall
also state if, and how, the data center might have negative effects on neighboring
properties and the region.
B. Efficiency Requirements. Documentation shall be submitted to demonstrate the
following Power Usage Effectiveness (PUE):
i.
Tier 2 and Tier 3: Target PUE equal to or less than 1.6
C. On-site Substations
i.
Allowed only in the IND-2 zoning district.
ii. Require site plan approval.
3. Water Use – The following documentation shall be submitted to demonstrate the
following:
A. Disclosure Requirements. All data centers must disclose:
i.
Cooling technology.
ii. Maximum daily consumptive water demand.
iii. Water recycling or reuse systems and maximum daily volume.
B. Water-Use Study. All data centers shall submit a study, prepared by a qualified
consultant approved by the City of Brewer Water Department, outlining:
i.
The anticipated amount of water demand and how water will be used on site
and discarded.
ii. Whether the amount of anticipated water usage is available by the City
municipal water system.
iii. Whether the City municipal water system has the ability to transport said
water to the site.
iv.
Whether the City has adequate staffing and operations to serve the project.
v.
If there are any deficiencies or concerns, an itemized list of how the applicant
will remedy those deficiencies.
4. Site Design and Screening – All data centers must provide for the buffering and screening
in accordance with this Land Use Code.
A. Mechanical Equipment
i.
Must be screened from public view using architectural walls, fencing, and/or
landscaping.
ii. Cooling towers and generators must be located behind the principal structure
where feasible.

B. Outdoor Storage is prohibited except for equipment directly supporting data
center operations. All outdoor storage shall meet the performance standards
contained in Article 4 of this Land Use Code.
5. Emergency Power –
A. Generators
i.
All generators and their use must comply with state and federal emission
standards.
ii. Fuel storage must meet fire code and environmental regulations.
B. Battery Energy Storage Systems (BESS)
i.
Must comply with all local ordinances.
ii. Must comply with NFPA and local fire department requirements.
iii. Must have a fire safety plan and updated as needed. A copy of the current fire
safety plan shall be submitted to the Brewer Fire Department.
6. Security and Lighting –
i.
Must include a summary of cybersecurity protections for on-site substations.
ii. Security fencing between eight (8) feet and ten (10) feet in height shall be
installed and maintained around critical infrastructure.
iii. Exterior lighting must be downward-shielded and comply with dark-sky
standards.
iv.
Access control systems must not impede emergency responders.
7. Traffic and Employment
A. Employment Disclosure. Applicants must provide:
i.
Expected employee counts.
ii. Shift schedules.
iii. Delivery schedules.
B. Sites anticipated to have over 25 employees in a single day shall submit a Traffic
Impact Analysis.
8. Emergency Safety and Response
A. A Fire Safety Plan is required for all data centers. Said plan shall include, but not
limited to, emergency venting, fire-resistant separation, remote shut down, and a
floor plan drawn to scale. See also Emergency Response Coordination under
Reporting and Monitoring.

B. Signage and E911 Addressing.
i.
All signage shall be compliant with ANSI Z535 and shall include the type
of technology associated with the data center, the type of battery energy
storage system, any special hazards associated with the system, the type of
fire suppressions system installed, and 24-hour emergency contact
information.
ii. As required by the MUBEC, disconnect and other emergency shutoff
information shall be clearly displayed on a light reflective surface. A
clearly visible warning sign concerning voltage shall be placed at the base
of all pad- mounted transformers and substations.
iii. All data centers shall be assigned an E911 address which shall be
prominently displayed at the site per E911 sign standards of the Brewer
E911 Director. If said data center is located within a building containing
other use(s), the E911 Director shall determine the required addressing
and signage.
9. Environmental Protection. Documentation shall be submitted to include the following:
i.
Secondary containment systems.
ii. Impermeable pads.
iii. Spill response plan.
iv.
Soil/groundwater testing.
10. Sustainability Requirements.
A. Tier 3 data centers must submit a Sustainability Plan addressing:
i.
Energy efficiency.
ii. Water conservation.
iii. Emissions reduction.
iv.
Heat recovery opportunities.
B. The City encourages:
i.
Renewable energy procurement.
ii. Solar installations on rooftops and over parking areas.
iii. Waste-heat reuse feasibility analysis.
iv.
LEED or equivalent certification.
11. Utility Capacity Verification. The applicant shall submit written confirmation from the
electric provider outlining the proposed project and status of the electric provider
capacity and transmission.

446.6

Decommissioning Plan. The applicant shall submit a plan for decommissioning the data center.
Decommissioning shall consist of, but not limited to:
i.
Removal of servers, racks, and cabling.
ii.
Removal of cooling systems, generators, and fuel tanks.
iii. Removal of UPS batteries.
iv.
Building demolition or repurposing plan.
v.
Soil testing around fuel storage.
vi.
Stormwater system closure.
vii.
Site restoration.
viii. Stabilization or re-vegetation of the site as necessary to minimize erosion.
ix.
Certification by a Maine licensed soil scientist to confirm there are no hazardous
materials remaining on site.
The decommissioning plan, signed, stamped, and prepared by a Maine Licensed Professional
Engineer, shall outline in detail the methods for decommissioning and the following
information, including, but not limited to:
i.
The anticipated life of the equipment.
ii.
The anticipated present value cost of decommissioning. Decommissioning, salvage
value, and land restoration costs shall be included in the decommissioning cost
calculation.
iii. An explanation of the calculation of the cost of decommissioning.
iv.
The physical plan for decommissioning. The disposal of all solid and hazardous waste
shall be in accordance with local, State, and Federal waste disposal regulations.
v.
A surety to cover the cost of decommissioning.
Prior to the removal of a data center, a permit for removal activities shall be obtained from
the Brewer Code Enforcement Office.

446.7

Financial Assurance
As part of the decommissioning plan, the owner or operator of a data center shall provide the
City with an irrevocable standby letter of credit or other form of financial security reasonably
acceptable to the City Finance Director, which shall be in an amount sufficient to ensure the
good faith performance of the terms and conditions of the permit issued pursuant hereto and
to provide for the removal and restoration of the site subsequent to removal. The amount of
the letter of credit or other security shall be in the amount of one hundred twenty percent
(120%) of the cost of removal (to be detailed and provided) of the data center and restoration
of the property, which shall be renewed and updated every five (5) years. Delivery of the
letter of credit or other security to the City shall occur prior to the commencement of
operations and at any and all changes in ownership.

Absent notice of a proposed date of decommissioning and written notice of extenuating
circumstances, a data center shall be considered abandoned when it fails to operate for more
than twelve (12) months without having first obtained the written consent of the Brewer
Code Enforcement Officer. If the owner or operator of the data center fails to remove the
installation in accordance with the requirements of this section within one hundred fifty (150)
days of abandonment or the proposed date of decommissioning, the City may enter the
property and physically remove the installation using the applicant’s financial security funds.
In the event of default of performance of such conditions, after proper notice, the letter of
credit or other financial security shall be forfeited to the City, which shall be entitled to
maintain an action thereon. The letter of credit or other financial security shall remain in full
force and effect until restoration of the property as set forth in the Decommissioning Plan is
completed.
Costs of Decommissioning/Removal. The operator of an installation and the owner of the
real property on which such installation is located shall be jointly liable for all costs and
expenses of the City incurred during and relating to the removal of an installation under this
ordinance. Notwithstanding the foregoing, the City shall first attempt to secure payment for
such costs and expenses from the operator of the installation; however, in the event the City
is not made whole following reasonable attempts to collect such costs and expenses form the
operator of the installation, the City reserves all rights under this ordinance to pursue
payment for such costs and expenses from the owner of the real property on which the
installation in question is located.
446.8

Local Business License. No data center shall operate until it receives an approved Brewer
Business License through the Brewer City Clerk’s Office. Said license is required prior to
operating, whenever the owner/operator is changed by either conveyance or name change, and at
a minimum of annually. See Chapter 20 Licenses and Permits of the City of Brewer Charter,
Codes, and Ordinances.

446.9

Commissioning Report. All data centers shall submit a commissioning report, prepared by a
Maine licensed engineer, verifying and documenting that the facility and all of its systems and
assemblies are planned, designed, installed, tested, operated, and maintained according to local
regulations and approvals. A satisfactory Commissioning Report is required prior to receiving a
Certificate of Occupancy.

446.10

Reporting and Monitoring
1. Annual Reporting. The applicant shall submit an annual report to the City of Brewer.
Said report shall be submitted at the time of any new Brewer Business License and
subsequent renewals. See Chapter 20 Licenses and Permits of the City of Brewer
Charter, Codes, and Ordinances. Said annual report shall include current:
i.
Emergency contact person(s)
ii. Energy use
iii. Water use
iv.
PUE
v.
Noise monitoring results
vi.
Generator testing logs
vii.
Status of all security measures.
2. Noise Monitoring. The following shall be included in the said annual report and
available to the Brewer Code Officer at any time upon request:
i.
Post-construction testing.
ii. Testing one year after initial operations.
iii. Testing as requested by the City, but not more than annually unless pertaining
to a specific issue or complaint.
iv.
Testing results from any formal noise complaints
3. Emergency Response Coordination.
i.
The applicant shall submit an Emergency Response Report for review during
the site plan process and update said report as needed. A copy of said report
and subsequent updates shall be submitted to the Brewer Public Safety
Department. The applicant shall schedule an annual meeting with the Brewer
Public Safety Department to review said report and hold a subsequent site
visit should it be requested by either party.
ii. The facility owner/operator shall provide, at no cost to the City, fire
department training related to potential fire issues that are site specific and
could arise from the structure. This training shall be provided when requested
by the fire department, but must be held prior to initial operation and when
any updated equipment is installed.
iii. If at any time, specialized equipment is needed by the fire department, the
facility owner shall pay for the costs of such equipment or reimburse the City
for the purchase. If there is more than one (1) owner, then such owners shall
share the costs on a pro-rate basis in proportion to the assessed value of the
properties on which the structure owned by each co-owner is located.

ARTICLE 14 DEFINITIONS
Data Center: A facility used primarily for the centralized storage, management, processing, and
transmission of digital data. Data centers typically include servers, computer systems, data storage
equipment, networking hardware, and associated mechanical, electrical, and cooling infrastructure.
Backup power systems, cooling systems, fire suppression systems, and secure access controls are
considered accessory components. See separate definitions for specific types of data centers.
Data Center, Tier 1: A small data facility/server room with an aggregate electrical load of less than 1
MW. Tier 1 typical use is for corporate server rooms and small IT facilities with a typical building size up
to 5,000 square feet.
Data Center, Tier 2: A medium-scale data center with an aggregate electrical load between 1 and less
than 5 MW. Tier 2 typical uses are regional data centers and cloud edge nodes with a typical building size
of 5,000-20,000 square feet.
Data Center, Tier 3: A large-scale data center with an aggregate electrical load between 5 and less than
20 MW. Tier 3 typical uses are enterprise systems with a typical building size of 20,000-100,000 square
feet. Data Centers 20 MW and over are prohibited.

Statement of Fact: These ordinance amendments are proposed to allow data centers under 20 MW to be
located in certain locations with additional performance standards while prohibiting data centers of 20
MW and greater. The Planning Board held a public hearing on April 13, 2026 and unanimously made a
favorable recommendation to adopt these amendments to Chapter 24 Land Use Code as written. There
were no public comments.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A089
TITLE:

April 28, 2026
ORDER,

ISSUE AMUSEMENT LICENSE TO BREWER EAGLES CLUB, 22
ATLANTIC AVENUE, BREWER, MAINE.
Filed April 22, 2026
By Dani O’Halloran

WHEREAS, an application for a City of Brewer Amusement License for Fraternal Order of
Eagles Aerie #3177, d/b/a Brewer Eagles Club, 22 Atlantic Avenue, Brewer, Maine has been received by
the City Clerk and;
WHEREAS, the Brewer City Council held a public hearing on this application on April 28, 2026
in accordance with Chapter 20, Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City
of Brewer; and
WHEREAS, in issuing or denying a new or renewed license, the City Council shall give
consideration to: (a) the character of any applicant, (b) the location of the place of business, (c) the
manner in which it has been operated, and (d) whether the operation has endangered the health or safety
of persons in or on areas surrounding the place of business; and
WHEREAS, a license may be denied on one (1) or more of the grounds listed in Chapter 20,
Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City of Brewer; and
WHEREAS, after reviewing the application, and hearing testimony at the public hearing, the
City Council finds no grounds to deny this license request.
NOW, THEREFORE, BE IT ORDERED, that the City Clerk, as agent to the Licensing
Authority, to wit, the Brewer City Council, is herewith authorized and directed to issue a City of Brewer
Amusement License to Brewer Eagles Club, 22 Atlantic Avenue, Brewer, Maine, for the City’s licensing
year commencing May 4, 2026 and expiring May 3, 2027.

Statement of Fact: This is a yearly order for the renewal of an amusement license requiring a public
hearing and approval by Council.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A090
TITLE:

April 28, 2026
ORDER,

ISSUE AMUSEMENT LICENSE TO PENNY LANE BAR AND GRILL,
534 WILSON STREET, BREWER, MAINE.
Filed April 22, 2026
By Soubanh Phanthay

WHEREAS, an application for a City of Brewer Amusement License for Charles Milan, III,
d/b/a Penny Lane Bar & Grill, 534 Wilson Street, Brewer, Maine has been received by the City Clerk
and;
WHEREAS, the Brewer City Council held a public hearing on this application on April 28, 2026
in accordance with Chapter 20, Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City
of Brewer; and
WHEREAS, in issuing or denying a new or renewed license, the City Council shall give
consideration to: (a) the character of any applicant, (b) the location of the place of business, (c) the
manner in which it has been operated, and (d) whether the operation has endangered the health or safety
of persons in or on areas surrounding the place of business; and
WHEREAS, a license may be denied on one (1) or more of the grounds listed in Chapter 20,
Article 2, Section 217.5 of the Charter, Codes and Ordinances of the City of Brewer; and
WHEREAS, after reviewing the application, and hearing testimony at the public hearing, the
City Council finds no grounds to deny this license request.
NOW, THEREFORE, BE IT ORDERED, that the City Clerk, as agent to the Licensing
Authority, to wit, the Brewer City Council, is herewith authorized and directed to issue a City of Brewer
Amusement License to Penny Lane Bar & Grill, 534 Wilson Street, Brewer, Maine, for the City’s
licensing year commencing May 4, 2026 and expiring May 3, 2027.

Statement of Fact: This is a yearly order for the renewal of an amusement license requiring a public
hearing and approval by Council.