On the agenda: Brewer meeting — Data Center (May 12)

CITY COUNCIL REGULAR MEETING
Tuesday, May 12, 2026, 6:00 P.M.
Brewer City Hall Council Chambers
I.
II.
III.
A.
B.

C.

D.

Call to Order. (Mayor Morin)
Roll Call. (City Clerk)
Pledge of Allegiance to the Flag of the United States of America. (Mayor Morin)
Minutes of the April 14, 2026 Regular Meeting and Minutes of the April 28, 2026
Special Meeting. (Councilor Phanthay)
Awards, Petitions and Public Comments.
1.
Proclamation:
Asian American and Pacific Islander Heritage Month.
2.
Proclamation:
Arbor Week 2026.
3.
(2026-B012) RESOLVE
Recognize Arianna Coleman for initiating schoolwide
winter clothing drive to benefit Bangor Area Homeless
Shelter. (Councilor Daniels)
4.
City Council Liaison updates.
5.
City Manager’s Report.
6.
Public Comments.
Consent Calendar.
1.
(2026-A091) ORDER
Award contract for engineering and design services for Pier
Park project. (Councilor O’Halloran)
2.
(2026-A092) ORDER
Appoint Directing Manager and Managers to SBR Real
Estate Holdings, LLC. (Councilor Kimball)
3.
(2026-A093) ORDER
Accept donations in support of Ken Locke Annual Stream
Cleanup event. (Councilor Phanthay)
4.
(2026-A094) ORDER
Authorize purchase of replacement security system
equipment for City Hall, Parks and Recreation, Library and
Public Works. (Councilor Daniels)
5.
(2026-A095) ORDER
Accept donation from Downeast Credit Union to Brewer
Parks and Recreation Department for Family Movie Night.
(Councilor O’Halloran)
6.
(2026-A096) ORDER
Authorize purchase of used 2019 PL custom ambulance
from City of Old Town. (Councilor Kimball)
7.
(2026-A097) ORDER
Approve contract with Korpacz Realty Advisors, Inc., for
appraisal services. (Councilor Phanthay)
8.
(2026-A098) ORDER
Waive foreclosure of water lien on 200 Clewleyville Road,
located in Eddington, Maine. (Councilor Daniels)
9.
(2026-A099) ORDER
Authorize contract with Sunrise Glass to replace City Hall
doors. (Councilor O’Halloran and Councilor Kimball)
10.
(2026-A100) ORDER
Authorize masonry and infrastructure repairs at Code
Enforcement Entrance.
(Councilor Kimball and Councilor Phanthay)
Monthly Reports. (Councilor Kimball)

E.

F.

G.

H.
I.

Nominations, Appointments, Elections.
1.
(2026-A101) ORDER
Appoint member to City of Brewer Parks and Recreational
Advisory Commission. (Councilor Daniels)
Unfinished Business.
Consent Calendar.
1.
(2026-C007) ORDER
Amend Chapter 20 of the Charter, Codes and Ordinances of
the City of Brewer, entitled, “Licenses and Permits”, to
remove permitting requirement for yard sales.
(Councilor O’Halloran)
2.
(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)
3.
(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)
4.
(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)
New Business.
1.
(2026-C011) ORDER
Amend Chapter 31 of the Charter, Codes and Ordinances of
the City of Brewer, entitled, “Brewer Environmental
Ordinance”, Article 7, “Hauled Wastewater”, Section 703
“Discharge Requirements”, and Section 709 Motor Coach
Discharges”. (Councilor Phanthay)
2.
(2026-A102) ORDER
Convene in executive session pursuant to Title 1, M.R.S.A.
§405(6)(E) to consult with legal counsel regarding City
Council rights and duties. (Councilor Kimball)
New Items with Leave of Council.
ADJOURN

PROCLAMATION
Asian American and Pacific Islander Heritage Month
WHEREAS, our Nation’s history is full of great Americans of Asian and Pacific Islander descent
who have made significant contributions to our society; and
WHEREAS, the first Japanese immigrants arrived in the United States on May 7, 1843; and
WHEREAS, Congress first established Asian/Pacific American Heritage Week in 1978; and
WHEREAS, President George H. W. Bush designated the month of May, as Asian/Pacific
American Heritage Month in 1992; and
WHEREAS, individuals of Asian and Pacific Islander decent have come to America seeking
individual freedom, property protections, as well as renewed economic and political opportunities; and
WHEREAS, today there are more than twenty million Americans of Asian and Pacific Islander
descent; and
WHEREAS, one of the City of Brewer’s own City Council Members is of Asian and South
Pacific decent.
NOW, THEREFORE, I, JENN M. MORIN, Mayor of the City of Brewer, on behalf of the City
Council and citizens of Brewer, Maine, do hereby proclaim the month of May 2026 as

Asian American and Pacific Islander Heritage Month
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Brewer to be imprinted this twelfth day of May Two-Thousand-and-Twenty-Six.

Signed this twelfth day of May, 2026
___________________________

Jenn M. Morin, Mayor

PROCLAMATION
Arbor Week 2026
WHEREAS, forest trees cover eighty-nine percent of Maine’s land, making the state the most
heavily forested in the United States; and
WHEREAS trees reduce topsoil erosion, reduce heating and cooling costs, moderate
temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and
WHEREAS, trees are a renewable resource, providing wood for homes, paper and turned
products, residential and commercial-grade fuel, and lumber and other solid wood products; and
WHEREAS trees in our City increase property values, enhance the economic vitality of business
areas, and beautify our community, and
WHEREAS, trees provide natural beauty, shade, and year-round opportunities for outdoor
recreational activities; and
WHEREAS, in the City of Brewer, our trees stand as a powerful symbol of renewal and growth.
NOW, THEREFORE, I, JENN M. MORIN, Mayor of the City of Brewer, on behalf of the City
Council and citizens of Brewer, Maine, do hereby proclaim the week of May 18 through May 24 as

Arbor Week 2026
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Brewer to be imprinted this twelfth day of May Two-Thousand-and-Twenty-Six.

Signed this twelfth day of May, 2026
___________________________

Jenn M. Morin, Mayor

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-B012
TITLE:

May 12, 2026
RESOLVE,

RECOGNIZE ARIANNA COLEMAN FOR INITIATING
SCHOOLWIDE WINTER CLOTHING DRIVE TO BENEFIT BANGOR
AREA HOMELESS SHELTER.
Filed February 6, 2026
By Michele LaBree Daniels

WHEREAS, during this past winter, Brewer Community School second-grade student Arianna
Coleman initiated a schoolwide winter clothing drive to benefit the Bangor Area Homeless Shelter; and
WHEREAS, Arianna saw a homeless encampment and was moved with compassion because of
the cold weather; and
WHEREAS, Arianna’s grandmother encouraged her to respond by collecting hats, gloves, and
winter gear for the benefit of the Bangor Area Homeless Shelter; and
WHEREAS, with the support of her teacher Ms. Pierce, Arianna enlisted the help of her secondgrade classmates to contribute to the drive; and
WHEREAS, all of Brewer Community School joined in, kindergarten through eighth-grade,
collecting winter clothing for the homeless in need; and
WHEREAS, Brewer Community School collected eight bags of winter clothing to be distributed
by the Bangor Area Homeless Shelter.
NOW, THEREFORE, BE IT RESOLVED, that the Brewer City Council, on behalf of the
Citizens of the City of Brewer, hereby recognizes and commends the efforts of Arianna Coleman for
initiating a schoolwide winter clothing drive for the benefit of the Bangor Area Homeless Shelter.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A091
TITLE:

May 12, 2026
ORDER,

AWARD CONTRACT FOR ENGINEERING AND DESIGN SERVICES
FOR PIER PARK TRAILS PROJECT.
Filed April 30, 2026
By Dani O’Halloran

WHEREAS, the City of Brewer issued a Request for Proposals (RFP) on February 20, 2026 for
engineering and design services associated with the Pier Park project; and
WHEREAS, the project consists of planning, permitting, engineering, and design services to
support the development of a multi-use trail system and related improvements at Pier Park along the
Penobscot River waterfront; and
WHEREAS, the City received multiple proposals in response to the RFP and conducted an
evaluation based on project understanding, proposed approach, relevant experience, qualifications,
schedule, and fee; and
WHEREAS, based on the evaluation of proposals, Acorn Engineering was determined to be the
lowest-priced qualified bidder to provide the required services; and
WHEREAS, Acorn Engineering submitted a total proposed fee of Fifty-Two Thousand Seven
Hundred Dollars ($52,700) for the required services; and
WHEREAS, the City of Brewer has been awarded a grant in the amount of Two Hundred Fifty
Thousand Dollars ($250,000) from the Maine Bureau of Parks and Lands under the Maine Trails
Program to support the Pier Park project and the work will be funded by this grant.
NOW, THEREFORE, BE IT ORDERED, that the City of Brewer, by vote of its City Council,
hereby awards the contract for engineering and design services for the Pier Park project to Acorn
Engineering; and
BE IT FURTHER ORDERED, that the Brewer City Manager is hereby authorized to execute a
professional services agreement with Acorn Engineering for design and engineering services for Pier
Park; and

BE IT FURTHER ORDERED, that the City Council hereby authorizes the appropriation and
expenditure of up to $58,000 (the $52,700 bid price plus a 10% contingency) in Maine Trails Program
grant funds from the Maine Trails Program Pier Park Grant expense account (0600053-560000-53029)
to complete this engineering, design, and permitting work; and
BE IT FURTHER ORDERED, that the City’s obligation to proceed with this contract is
expressly contingent upon the City’s receipt of a fully executed Project Agreement with the Maine
Department of Agriculture, Conservation and Forestry for the Maine Trails Program grant.

RFP's for Pier Park project
February 20, 2026
Applicant
Proposed Fee
Acorn Engineering
$
52,700
Amorphous Studio
$
25,000
Sewall
$
89,900
Dry Landscape/Architecture $
65,700
TigheBond
$
111,000

Statement of Fact: The City of Brewer issued a Request for Proposals for engineering and design
services for the Pier Park Trails Project and received multiple responses. Following a review and
evaluation process, Acorn Engineering was determined to be the most qualified firm to complete the
work at a cost of $52,700. The project is supported by a $250,000 grant award from the Maine Bureau of
Parks and Lands. Awarding this contract will allow the City to proceed with the design and engineering
phase of the Pier Park project, contingent upon execution of a Project Agreement with the Maine
Department of Agriculture, Conservation and Forestry.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A092
TITLE:

May 12, 2026
ORDER,

APPOINT DIRECTING MANAGER AND MANAGERS TO SBR REAL
ESTATE HOLDINGS, LLC.
Filed May 4, 2026
By William Kimball

WHEREAS, the City of Brewer-owned Limited Liability Corporation (South Brewer
Redevelopment) SBR Real Estate Holdings, LLC. (SBR) is a separate legal entity whose purpose is to
market, develop, and otherwise utilize properties for the betterment of the City; and
WHEREAS, the Directing Manager of SBR and Managers of SBR must be formally appointed
by the City as the City of Brewer is the sole member of SBR; and
WHEREAS, SBR Manager Renee Doble has resigned from her position as City of Brewer
Deputy Economic Development Director; and
WHEREAS, the City of Brewer Director of Economic Development has traditionally served in
the role of Directing Manager of SBR and the City of Brewer City Manager and the City of Brewer
Deputy Director of Economic Development have served as Managers of SBR, but historically these
roles within SBR have been appointed by name; and
WHEREAS, for the purpose of administrative efficiency, future appointments of SBR Directing
Manager and SBR Managers shall be made by position rather than by individual name.
NOW, THEREFORE, BE IT ORDERED that the City of Brewer, by vote of its City Council,
hereby appoints City of Brewer Economic Development Director as Directing Manager of SBR Real
Estate Holdings, LLC., and appoints City of Brewer City Manager and City of Brewer Deputy
Economic Development Director as Managers of SBR Real Estate Holdings, LLC., to serve until their
resignation or removal from their respective positions or until further order of the Brewer City Council;
and
BE IT FURTHER ORDERED, that Renee Doble be removed as Manager for SBR Real Estate
Holdings, LLC., as she has resigned as City of Brewer Deputy Economic Development Director.
Statement of Fact: This order updates the method of appointing the Directing Manager and Managers
to SBR, by designating the positions of Economic Development Director as the Directing Manager of
SBR, and City Manager and Deputy Economic Development Director as Managers of SBR. Appointing
these roles by position, rather than by name, ensures continuity and administrative efficiency. This order
also removes Renee Doble as a Manager for SBR due to her resignation as the Deputy Economic
Development Director.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A093
TITLE:

May 12, 2026
ORDER,

ACCEPT DONATIONS IN SUPPORT OF KEN LOCKE ANNUAL
STREAM CLEANUP EVENT.
Filed May 5, 2026
By Soubanh Phanthay

WHEREAS, the City of Brewer will hold its Annual Stream Cleanup Event on Friday, May 15,
2026 from 8:00 a.m. until 12:00 p.m.; and
WHEREAS, this year’s event is being held in recognition of the former Water Pollution Control
Facility (WPCF) Director Kenneth Locke who was the driving force behind many of the WPCF
community outreach programs, and was particularly fond of the stream cleanup event; and
WHEREAS, a number of private companies and individuals have donated or will donate monies,
materials, and supplies for this event in order to make it more successful for the citizens of Brewer.
NOW, THEREFORE, BE IT ORDERED, that the City of Brewer, by vote of its City Council,
authorizes the City Manager and the Finance Director to accept donations in support of the City of
Brewer Annual Stream Cleanup event and deposit the funds in revenue account 0200000-320000-32001;
and
BE IT FURTHER ORDERED, that the City Council hereby authorizes the expenditure of these
donations from account 0200000-520000-20001 in support of the annual event; and
BE IT FURTHER ORDERED, that the Director of Environmental Services, on behalf of the City
Council, take appropriate steps to recognize the companies and individuals who made contributions to
this event for their generosity and commitment to the quality of life for residents of the City of Brewer.

Statement of Fact: This order authorizes the acceptance and expenditure of donations received to
support the Ken Locke Annual Stream Cleanup Event, which is funded entirely from donations. In 2026
the following companies have made donations or are planning to make donations:
•
Olver Associates
•
Stillwater Environmental Engineering
•
Haley Ward
•
Cianbro Construction
•
Municipal Wastehub

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A094
TITLE:

May 12, 2026
ORDER,

AUTHORIZE PURCHASE OF REPLACEMENT SECURITY SYSTEM
EQUIPMENT FOR CITY HALL, PARKS AND RECREATION,
LIBRARY AND PUBLIC WORKS.
Filed May 5, 2026
By Michele LaBree Daniels

WHEREAS, the City of Brewer has identified the need to upgrade security systems at City Hall,
the Joseph L. Ferris Community Center, the Brewer Public Library and the Brewer Public Works
building to protect staff, visitors, municipal property, and sensitive areas within those public buildings;
and
WHEREAS, modern municipal security systems may include improved access control,
surveillance cameras, alarms, remote monitoring, and related components that strengthen oversight and
help restrict access to authorized personnel in appropriate areas while maintaining public access where
needed; and
WHEREAS, the existing security measures at these facilities are limited, aging, or otherwise in
need of modernization, and upgrades are necessary to improve physical security, operational reliability,
and incident response across multiple City locations.
NOW, THEREFORE, BE IT ORDERED, that the City of Brewer, by vote of its City Council,
hereby authorizes appropriation and expenditure of $15,000 from the Technology Department’s Security
Systems account (0115601-503020) to upgrade security systems at City Hall, the Joseph L. Ferris
Community Center, the Brewer Public Library and the Brewer Public Works building, including the
purchase, installation, configuration, and implementation of access control, surveillance, monitoring,
alarm and related security components as necessary to complete the project; and
BE IT FURTHER ORDERED, that funding for this project shall come from the Technology
Reserve account (0200000-300893-53010); and
BE IT FURTHER ORDERED, that the City Manager, or his designee, is hereby authorized to
execute any agreements and/or approve expenditures necessary to carry out this project in accordance
with applicable purchasing requirements.
Statement of Fact: This order authorizes funding for security system upgrades at City Hall, the Joseph
L. Ferris Community Center, the Brewer Public Library and Brewer Public Works building. The project
intends to improve physical security, strengthen monitoring and access management, and better protect
staff, visitors, and City property across several public locations. Modern security systems commonly
combine access control, cameras, alarms and centralized monitoring to improve oversight and response
while helping municipalities secure sensitive spaces within otherwise public buildings. This is the
purchase of all necessary equipment with the install, configuration, support, and training on the
upgraded systems being handled in-house by the Technology Department.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A095
TITLE:

May 12, 2026
ORDER,

ACCEPT DONATION FROM DOWNEAST CREDIT UNION TO
BREWER PARKS & RECREATION DEPARTMENT FOR FAMILY
MOVIE NIGHT.
Filed April 27, 2026
By Dani O’Halloran

WHEREAS, the Brewer Parks and Recreation Department has received a donation of $1,500
from Downeast Credit Union to support upcoming Movies in the Park events; and
WHEREAS, it is the request of the donor and the recommendation of the Parks & Recreation
Acting Director that this donation be appropriated and expended to supplement Movies in the Park.
NOW, THEREFORE, BE IT ORDERED, that the City of Brewer, by vote of its City Council,
herewith accepts this donation and directs that the donation be receipted to the Summer Programs –
Movies in the Park Revenue account (0107123-300327); and
BE IT FURTHER ORDERED, that the City Council herewith authorizes the appropriation and
expenditure of this money from Summer Programs Expense account (0117121-506150).

Statement of Fact: This order accepts a $1,500 contribution from Downeast Credit Union to the City of
Brewer Parks & Recreation Department and authorizes the expenditure of this contribution to support
Family Movie Night.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A096
TITLE:

May 12, 2026
ORDER,

AUTHORIZE PURCHASE OF USED 2019 PL CUSTOM
AMBULANCE FROM CITY OF OLD TOWN.
Filed May 6, 2026
By William Kimball
EMERGENCY PREAMBLE

WHEREAS, orders passed by the Brewer City Council do not become effective until five days
after they are passed unless such orders contain emergency preambles; and
WHEREAS, it is imperative that this order become effective immediately upon its passage to
allow the transaction to proceed without delay; and
WHEREAS, these facts create an emergency within the meaning of the Charter, Code and
Ordinances of the City of Brewer and require that the following order become effective immediately
upon its approval to protect the public health, common welfare and safety of the citizens of Brewer; and
WHEREAS, the City of Old Town has offered for sale a used 2019 PL Custom ambulance (Ford
EF450 Vehicle Identification Number 1FDXE4FS9KDC46925) with approximately 125,000 miles; and
WHEREAS, the proposed purchase price for the ambulance is Forty-Five Thousand Dollars
($45,000), which the City of Brewer has been determined to be fair and reasonable considering the
condition, age, and utility of the vehicle; and
WHEREAS, purchase of the ambulance shall be contingent upon inspection by appropriate City
of Brewer staff and a satisfactory recommendation that the vehicle is in good working order and suitable
for the operational needs of the City of Brewer Public Safety Department; and
WHEREAS, the City of Brewer maintains a contractual relationship with Northern Light Health
for primary ambulance transport services, and the acquisition of this ambulance is not intended to
replace those contracted services; and
WHEREAS, the proposed ambulance would serve in a support and backup capacity for the
Brewer Fire Department, including providing medical response capability during emergencies, ensuring
continuity of service in the event Northern Light Health ambulances are unavailable or out of service,
and allowing Brewer Fire Department personnel certified in emergency medical response to respond to
incidents in a timely manner; and

WHEREAS, acquisition of this ambulance is in the best interests of the City of Brewer and will
support the delivery of emergency services to the community.
NOW, THEREFORE, BE IT ORDERED, that the City of Brewer City Manager is hereby
authorized to purchase from the City of Old Town a used 2019 PL Custom ambulance (Ford EF450
Vehicle Identification Number 1FDXE4FS9KDC46925), with approximately 125,000 miles, for the total
purchase price of Forty-Five Thousand Dollars ($45,000), and to execute any and all documents
necessary to complete the transaction; and
BE IT FURTHER ORDERED, that this purchase shall be charged to the Fire Ambulance CIP
account (0510132-551243) and be funded by a transfer from the General Fund of $45,000 in Unassigned
Fund Balance (0109800-300901); 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 supplies for this project.

Statement of Fact: This order authorizes the use of $45,000 in unassigned fund balance for the Brewer
Public Safety Department to purchase a used 2019 PL Custom ambulance from the City of Old Town.
The vehicle has approximately 125,000 miles and will serve in a support and backup role for emergency
medical response operations within the City. The City of Brewer currently contracts with Northern Light
Health for primary ambulance transport services; this purchase is not intended to replace those services.
This ambulance will provide supplemental emergency response capability, ensure continuity of service
in situations where Northern Light ambulances are unavailable or out of service, and allow personnel
certified in emergency medical response to respond to incidents in a timely manner. The proposed
purchase is contingent upon inspection of the vehicle by appropriate City staff and a satisfactory
recommendation that the ambulance is in good working order and suitable for the operational needs of
Public Safety.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A097
TITLE:

May 12, 2026
ORDER,

APPROVE CONTRACT WITH KORPACZ REALTY ADVISORS, INC.,
FOR APPRAISAL SERVICES.
Filed May 5, 2026
By Soubanh Phanthay

WHEREAS, Walmart and Lowe’s have each submitted requests for property tax abatements
concerning their respective properties located at 26 Walton Drive and 64 Manchester Drive in Brewer,
Maine; and
WHEREAS, the City of Brewer City Assessor, City Manager, and City Attorney have
determined that specialized appraisal and valuation expertise is needed to assist the City in evaluating
the abatement requests and supporting related negotiations; and
WHEREAS, Korpacz Realty Advisors, Inc. has submitted a proposal to provide appraisal,
litigation support, consulting, and potential expert witness services related to the valuation of the subject
properties as of April 1, 2025; and
WHEREAS, the proposed agreement provides for the preparation of valuation reports and
related consulting services for a fee not to exceed $20,000 plus reimbursable expenses for the initial
phases of the engagement; and
WHEREAS, the City received approximately $30,000 more in Business Equipment Tax
Exemption (BETE) reimbursement from the State than estimated in the Fiscal Year 2026 budget, which
could be used to cover this unanticipated expense.
NOW, THEREFORE, BE IT ORDERED, that the City of Brewer City Manager is hereby
authorized to execute an agreement with Korpacz Realty Advisors, Inc. for appraisal, litigation support,
and consulting services related to the Walmart and Lowe’s abatement matters; and
BE IT FURTHER ORDERED, that the City Council hereby authorizes the appropriation and
expenditure of up to $20,000 in excess BETE reimbursement proceeds (0106902-300205) for this
service; 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: Walmart and Lowe’s have each submitted requests for property tax abatements
related to their respective Brewer properties. The City Assessor, City Manager, and City Attorney
recommend retaining Korpacz Realty Advisors, Inc. to provide independent appraisal, valuation,
consulting, and potential expert witness services associated with review of the abatement requests and
related negotiations. Korpacz Realty Advisors specializes in complex commercial valuation and tax
appeal matters involving large retail properties and has extensive experience representing municipalities
and assessors in similar cases throughout the country.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A098
TITLE:

May 12, 2026
ORDER,

WAIVE FORECLOSURE OF WATER LIEN ON 200 CLEWLEYVILLE
ROAD, LOCATED IN EDDINGTON, MAINE.
Filed May 6, 2026
By Michele LaBree Daniels

WHEREAS, on November 22, 2024, after notice was provided in accordance with state law, the
City of Brewer filed at the Penobscot Registry of Deeds a lien against the property located at 200
Clewleyville Road in Eddington, Maine, for failure to pay water charges that were due on March 31,
2024 and June 17, 2024; and
WHEREAS, these water balances remain unpaid and the statutory foreclosure will take place on
May 22, 2026; and
WHEREAS, it is not in the best interest of the City of Brewer to allow the foreclosure of said
property because the cost to secure and monitor the property, together with the time and effort required
to administer the property’s disposal and to distribute the excess proceeds to the former owner in
accordance with State law, would exceed the $626.44 the City is owed.
NOW, THEREFORE, BE IT ORDERED, that the City of Brewer, by vote of its City Council,
herewith agrees to waive foreclosure on the property located at 200 Clewleyville Road in Eddington,
Maine, for failure to pay water balances due and authorizes the City Treasurer, or her designee, to sign
statutory waiver of foreclosure and record it in Penobscot County Registry of Deeds; and
BE IT FURTHER ORDERED, that the Treasurer, or her designee, is authorized to take any and
all other actions that may be necessary to carry out the terms and conditions of this order.

Statement of Fact: This order waives the automatic foreclosure of a water lien on the property located
at 200 Clewleyville Road in Eddington, Maine, that has a $626.44 balance due. The City is seeking a
waiver because the cost to secure and monitor the property and deal with its disposal under the new
State rules would exceed the amount the City is owed. Waiving foreclosure does not preclude the City
from seeking foreclosure on the property at some point in the future.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A099
TITLE:

May 12, 2026
ORDER,

AUTHORIZE CONTRACT WITH SUNRISE GLASS TO REPLACE
CITY HALL DOORS.
Filed May 7, 2026
By Dani O’Halloran and
William Kimball

WHEREAS, City of Brewer staff have expressed concerns regarding the inability to secure
certain exterior doors from the outside while still maintaining safe emergency egress from the building;
and
WHEREAS, a proposed project would replace the second floor City Hall access doors and the
Code Enforcement Office access doors to; and
WHEREAS, the replacement of these doors will improve the safety and security of City
employees and the public by allowing the doors to be locked from the exterior while still permitting
occupants to exit safely if needed; and
WHEREAS, Sunrise Glass has provided a quote in the amount of $16,096.50 for the replacement
of the identified commercial storefront doors and associated hardware; and
WHEREAS, the City Council finds that addressing this longstanding safety concern is in the best
interest of the City of Brewer.
NOW, THEREFORE, BE IT ORDERED, that the City of Brewer City Manager is hereby
authorized to execute all documents and take all actions necessary to contract with Sunrise Glass for the
replacement of the second floor City Hall access doors and the Code Enforcement Office access doors
for the amount of $16,096.50; and
BE IT FURTHER ORDERED, that this purchase shall be charged to the City Hall Infrastructure
CIP Account (0510130-551001); 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 supplies for this project.
Statement of Fact: The proposed order authorizes the City Manager to contract with Sunrise Glass for
the replacement of the second floor City Hall access doors and the Code Enforcement Office access
doors at a cost of $16,096.50. The replacement doors will improve building security by allowing the
doors to be locked from the exterior while still permitting safe emergency exit from the building. Staff
have identified this as a longstanding safety concern, and the proposed improvements are intended to
enhance the safety and security of City employees and the public.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A100
TITLE:

May 12, 2026
ORDER,

AUTHORIZE MASONRY AND INFRASTRUCTURE REPAIRS AT
CODE ENFORCEMENT ENTRANCE.
Filed May 7, 2026
By William Kimball and
Soubanh Phanthay

WHEREAS, the City of Brewer City Manager previously authorized masonry and walkway
repair work at the Brewer Code Enforcement Building in the amount of $14,500; and
WHEREAS, the scope of work included the removal of damaged wall and granite cap at the
sidewalk, relaying brick and granite, replacement of lifted brick in the walkway, caulking existing steps,
and caulking the joint between the walkway and granite caps; and
WHEREAS, during the course of the project, unforeseen conditions were discovered requiring
additional foundation wall repair work, labor, and materials in order to properly complete the project and
address failing infrastructure near the Code Enforcement Office; and
WHEREAS, as a result of the additional necessary repairs, the final project cost increased from
$14,500 to $15,240.44; and
WHEREAS, the City Council finds that completion of this work was necessary to protect City
infrastructure and maintain safe access to the Code Enforcement Office.
NOW, THEREFORE, BE IT ORDERED, that the Brewer City Manager is hereby authorized to
approve payment to S&S Masonry, Inc. in the amount of $15,240.44 for the completed wall, walkway,
and foundation repair work at the Code Enforcement Building; and
BE IT FURTHER ORDERED, that this purchase shall be charged to the City Hall Infrastructure
CIP Account (0510130-551001); 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 supplies for this project.
Statement of Fact: The order authorizes additional payment to S&S Masonry, Inc. for masonry and
infrastructure repairs completed at the Code Enforcement Building. The original project was approved in
the amount of $14,500 and included repairs to the wall and walkway areas adjacent to the building,
including removal and replacement of damaged brick and granite, relaying walkway materials, and
sealing joints and steps. During construction, unforeseen conditions were identified requiring additional
foundation wall repairs, labor, and materials in order to properly stabilize and repair failing
infrastructure near the Code Enforcement Office. As a result, the final project cost increased to
$15,240.44. The completed work was necessary to maintain safe access to the building and protect City
infrastructure.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A101
TITLE:

May 12, 2026
ORDER,

APPOINT MEMBER TO CITY OF BREWER PARKS AND
RECREATIONAL ADVISORY COMMISSION.
Filed May 4, 2026
By Michele LaBree Daniels

BE IT ORDERED, that Kathleen Kramer of 25 Wild Rose Drive is herewith appointed to the
City of Brewer Parks and Recreational Advisory Commission for a three-year term; and
BE IT FURTHER ORDERED, that Ms. Kramer’s term will commence May 17, 2026 and expire
March 31, 2029.

Statement of Fact: This order appoints Kathleen Kramer to the Parks and Recreational Advisory
Commission. This appointment fills the seat previously vacated by Betsy Migliore.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-C007
TITLE:

April 14, 2026
ORDER,

AMEND CHAPTER 20 OF THE CHARTER, CODES AND
ORDINANCES OF THE CITY OF BREWER, ENTITLED “LICENSES
AND PERMITS”, TO REMOVE PERMITTING REQUIREMENT FOR
YARD SALES.
Filed April 7, 2026
By Dani O’Halloran

BE IT ORDAINED, by the City Council of the City of Brewer, that Chapter 20, of the Charter,
Codes and Ordinances of the City of Brewer, entitled “Licenses and Permits”, shall be amended as
follows:
SECTION 210.1.7.1 FLEA MARKETS
The sponsor of a flea market shall obtain one (1) license as required
by this Chapter. The license fee shall be in accordance with Article
4 of this Chapter for each participant, booth, table or space
occupied by a dealer or participant. Notwithstanding the provision
of this Chapter, individual participants in a flea market need not
secure a Dealer in Secondhand Articles license, an itinerant dealers
license, or a transient seller of consumer merchandise license, or a
yard sale permit as appropriate.
SECTION 210.3.3
A permit shall be required for all "yard sales", conducted in the
City. The term "yard sale" shall include private sales, advertised
in local media or otherwise, as garage, yard, household or barn
sales, moving sales and private sales of all, or a part of the
household goods located at the seller's place of residence. The Tax
Office shall issue a permit to any resident to conduct a "yard sale".
The fee for such permit shall be in accordance with Article 4 of this
Chapter. The application for such permit shall contain the name of
the person selling his or her household goods, his or her agent, if
any, and the days that such sale shall be conducted. Applications for
"yard sale" permits shall not be subject to the public notice and
hearing provisions of Article 1, § 103.4 of this Chapter. A permit
shall allow the holder thereof to operate a yard sale for a period
not to exceed (3) three consecutive days. If a person wishes to
conduct a second yard sale or a third yard sale during any calendar
year, he or she must purchase a separate permit.

SECTION 210.3.4
No such yard sale shall be operated longer than (3) three consecutive
days and no more than (3) three such sales shall be conducted by any
(1) one person or from any (1) one location in any calendar year. No
third yard sale shall be conducted within (45) forty-five days of any
second yard sale by any (1) one person or from any (1) one location
in any calendar year. In the event a hardship situation develops
which causes the cancellation of a sale, the Tax Office may issue
another permit upon application from the person conducting the sale,
setting forth the reason for such cancellation.
SECTION 210.3.10
Sales conducted by organized charitable, fraternal clubs, youth
leagues, high school groups or classes shall be permitted but shall
only be held on the organization's premises or within a City business
zone.
SECTION 210.3.11
A yard sale permit shall be required for "rummage" sales, so called;
however, a permit shall not be required for rummage sales conducted
by organized charitable or religious groups and held on the
organization's premises, provided all of the proceeds from the sale
accrue to the organization. Wearing apparel shall be the only items
of personal property sold at rummage sales. Wearing apparel shall be
defined as clothes, linens and items incidental to clothing, and
shall include shoes, hats, blankets, towels, sheets, bedspreads,
pillows, pillow covers, umbrellas, pocketbooks, belts, skates and
jewelry.

Statement of Fact: Current City Ordinance requires residents to obtain a permit from the City to
conduct yard sales. This requirement generates minimal revenue and is not easily enforced. The
proposed amendment removes the permit requirement while retaining limitations on the number and
duration of yard sales, reducing the administrative burden while preserving limitations on excessive or
nuisance activity.

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-C0011
TITLE:

May 12, 2026
ORDER,

AMEND CHAPTER 31 OF THE CHARTER, CODES AND
ORDINANCES OF THE CITY OF BREWER, ENTITLED “BREWER
ENVIRONMENTAL ORDINANCE”, ARTICLE 7, “HAULED
WASTEWATER”, SECTION 703 “DISCHARGE REQUIREMENTS”,
AND SECTION 709 “MOTOR COACH DISCHARGES”.
Filed May 5, 2026
By Soubanh Phanthay

BE IT ORDAINED, by the City Council of the City of Brewer, that Chapter 31, of the Charter,
Codes and Ordinances of the City of Brewer, entitled “Brewer Environmental Ordinance”, Article 7,
“Hauled Wastewater”, shall be amended as follows:
SECTION 703 DISCHARGE REQUIREMENTS (#24)
A. The permitted vehicle must be equipped with a suitable
discharge hose. This shall extend from the truck's
discharge point to the connection at the Septage Receiving
Station.
B. The City will consider failure by the hauler to use a suitable
discharge hose as grounds for refusing a hauler's load.
C. Any spillage of the truck's contents onto the ground near
the Septage Receiving Station may constitute a health hazard
as well as a nuisance. Immediate cleanup of such
spillage is the responsibility of the hauler. (#1)
D. All septic haulers must have a functional sight gauge
with marks indicating the volume in gallons of liquid
carried in the truck tank.
E. All permitted vehicles must be kept neat, clean, and in
good repair. The name and place of business shall be
located on each side of the vehicle in plain view.
F. The maximum daily limit of septage is Fifty-two Thousand
(52000) gallons per day on a first come first serve basis.
Septic and holding wastes are accepted Twenty-four (24) hours
per day, seven days per week, 365 days per year.
G. Haulers shall not decant a load of septic prior to unloading
at Septic receiving.

SECTION 709 MOTOR COACH DISCHARGES
The operation of discharging wastes from Motor Coaches into the sewer
has to be approved by the Superintendent. The discharge locations must
be suitable to allow dumping without causing visible debris, odor or a
public nuisance. Written permission from the Superintendent must be on
file at the place of business. Bi-yearly reports with the number of
Motor Coaches that discharged, name and address of the facility
including the name of the operator and owner of the facility must be
supplied to the Superintendent. The reports are due by March 15, and
September 15 of each year. All reports must be signed and certified in
accordance with Article 6, Section 601.1 (11) of this Ordinance. (#1)
The operation of discharging wastes from Motor Coaches into the sewer
is only allowed at the Septic Receiving building at the Water
Pollution Control Facility in accordance with Department policy and
State regulations.

Statement of Fact: The City of Brewer’s Water Pollution Control Facility has a State-issued daily
hauled wastewater limit that is subject to change. This amendment removes the limit so that Ordinance
does not need to be amended every time the limit changes. Article 7, Section 709 was originally written
for a business that no longer operates in Brewer. Motor Coaches are allowed to dump their tanks at the
WPCF Septic Receiving Building so that the process can be monitored, billed accordingly, and reported
as required; the City of Brewer does not allow discharge directly into the sewer system.

CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2026-A102
TITLE:

May 12, 2026
ORDER,

CONVENE IN EXECUTIVE SESSION PURSUANT TO TITLE 1,
M.R.S.A. §405(6)(E) TO CONSULT WITH LEGAL COUNSEL
REGARDING CITY COUNCIL RIGHTS AND DUTIES.
Filed May 4, 2026
By William Kimball

BE IT ORDERED, that the Brewer City Council convene in executive session pursuant to Title
1, Maine Revised Statues Annotated, §405(6)(E) to consult with legal counsel regarding City Council
rights and duties.