|
Notes on
the Town Council
Meeting, December 10, 2001
Reported by Margaret Brentano
In a half hour meeting the council discussed
junk yard permits (which they issued), a meeting with the head of the
school board concerning children crossing route 236 at Vine Street in
front of the Middle School, and a letter received from visitors from Pelham,
New York praising the town flag display.
The two junkyards are located on Route 236
and Emerys Bridge Road. Lynch's on 236 received a permit without discussion.
But a member of the public rose to observe that Stuart Emery's junk yard
is located in a flood plain, and that she had seen water rise to the level
of the school bus roofs last spring. Although Councilman Ford was concerned
about the flooding, Councilman Gagne, after Mr. Emery confirmed that he
had been running the yard for 42 years, said he "suspected by now
[anything harmful] would all have washed out." Councilman MacPherson
observed that in the past when any issues had arisen about the junkyards,
the permits were issued, then the matters were taken up, and that "Mr.
Emery had always been very cooperative." Mr. Emery was unanimously
awarded a permit.
David Webster conveyed the content of his
meeting last week with, among others, the head of the school board, who
assured him that no middle school child should be crossing Route 236 at
Vine St, and that the late bus stopped, with lights flashing, when dropping
off the children from the other schools. She wanted the public to know
this and in turn to let her know of any case in which children were obliged
to cross Route 236 without the bus there to stop traffic.
Councilman Webster also wanted to inform
the attendant public of the letter the town had received from a family
from Pelham, NY, in gratitude for S. Berwick's display of flags, which
they had found reassuring after the tragedies of September 11th.
The Councilors also discussed the demolition
of the houses storing insulation on Route 4 and approved the dates for
the meetings to be held next year.
John Rudolph asked about the status of stop signs
discussed at the last meeting and was told they have been ordered.
ˆBack
to top
Notes on
the Town Council
Meeting, January 14, 2002
Reported by Lisa Bauhan
Present: David Webster
(Chair), Robert Gagne, Gerald MacPherson, Barbara Bennett (secretary),
Dick Brown (Town Manager), Cy Chase, and John Ford.
Approximately 10 members of the public were present.
I
arrived at 5:50 and missed the first part of the meeting (Minutes of Previous
Meetings).
Mount
Agamenticus
Susan Ask, Conservation Coordinator of the Mount Agamenticus
steering committee, gave a slide presentation on the past, present and
future of Mount A. The care and maintenance of Mount A. is funded largely
by a collaborative effort of both private landowners in South Berwick
and York, as well as various land trusts. The town of York applied for
and received a two-year, $30,000 grant from the Maine Trails Program.
The steering committee manages trails which go in and out of private and
public lands (roughly 1/3 of Mount A. is publicly held); thus, Susan spends
downtime in the winter mapping out new trails and meeting with the private
landholders to form a consensus about trail allowances and limitations.
She stated that, because no one managed Mount A. for decades, the trails
were allowed to fall into disrepair. She says that a great deal of work
has been needed to bring the trails back: she cited trail remediation,
trail rerouting (to protect wildlife habitats) and clearing of illegal
dumping. She stated that a large part of her workforce consists of volunteers
(an average of 1100 volunteers during the years of 2000 and 2001), and
that she would happily accept new volunteers, young and old.
Communications
Kathy Delp of the Zoning Board has submitted a
request to rezone Portland St. and Main St. Chair moved to have councilors
meet with Dick Brown before voting on recommendations. These recommendations
were not made public.
Public
Audience
Rachel Schumacher asked about the decision to appoint
Planninng Board alternates. Her question was deferred to a later time
(see Unfinished Business).
John Rudolph requested clarification on submitting items
for the Town budget. Cy Chase stated that the process is too complicated
to involve the public. John redirected his question to Dick Brown, who
stated that (1) the public needs to submit budget items prior to the Budget
Workshop, or (2) the proposed budget is presented at the end of the workshop
and the public may then offer input, or 3) the public may submit items
anytime during the year or at the budget hearing in April. Chair suggested
that the public was invited to call each councilor anytime they wanted
and "chew on his ear,"so that they could discuss pressing issues
with Dick Brown. (Some councilors did NOT appear to endorse this plan.)
It was suggested that the public bring in budget requests NOW, before
April.
Chairman Webster stated that on Sunday night he received
a proposal in writing from John Rudolph, who was asked by Chair to form
a Traffic Study Committee. Each councilor had a copy of the proposal.
A Traffic Committee Workshop is being scheduled for the early part of
Feb. Councilor MacPherson reminded others of a state traffic study already
done by the ME DOT, sitting somewhere in Augusta. Dick Brown received
notice from DOT of its intentions
to do the study; when he reminded them that it had already been done,
they stated that they had no recollection of it.
Unfinished
Business
Planning Board Alternates were chosen from three
applicants: Peter Canelle, Rachel Schumacher, and Dennis Smith. Peter
Canelle was nominated by Cy Chase, whose motion was seconded and approved.
Cannelle will occupy the 2 1/2 year term ending June 2004. Dennis Smith
was nominated by Gerald MacPherson to the 1 1/2 year term ending in June,
2003. Motion was seconded and approved. (Editorial note: Rachel Schumacher
was neither acknowledged nor thanked.)
Library Site Committee: five committee members,
three advisory members and one town councilor rep were selected. The names
of the five are Mark Lawrence, Paul Schumacher, Jane Cowan-Fletcher, Cindy
Gagnon, and Tom Harmon. The three advisory members are Phil Kendrick,
Jack Kareckas and Wendy Pirsig. Robert Gagne requested that Gerald MacPherson
represent the Town Council. Motions were seconded and approved. The Site
Committee will determine the new site for the library.
New
Business
CMP has requested a pole permit application for Knight¹s
Pond Road. MacPherson stated that the map provided by CMP was outdated,
and that he couldn't locate the pole site on it. Motion to accept pole
permit seconded and approved.
Powderhouse Hill Memberships. The Hill is run by a partnership
of families; to protect their liability, the Town of South Berwick hires
them as unpaid employees. The list of names was read, and approved by
the Council. New members are welcomed.
The resignation of Zoning Board of Appeals members was
read and accepted. The ZBA is now in need of two new members. Each term
runs from 3 to 5 years (some disagreement on this between Council members
and Dick Brown) Applications may be filed in the town hall.
Gazebo at the Town Green. Phil Kendrick has offered
to design a gazebo (not clear if his services are gratis); the blueprint
of the concept was shown to the council and the public audience. The concept
incorporates features of the Community Center and the old shoe mill, and
is to have a copper roof and a brick base, with storage area beneath.
The cost is estimated to be between
$40,000 and $50,000. Council wants to raise money for the gazebo before
any formal action is taken, although they agreed on the need for the gazebo
and liked the open concept. Design was approved by the Council. (FYI:
the Town Green is to be in the old ballpark behind the Community Center.)
Speed limits - new laws. A report was apparently submitted
to Dick Brown by the Chief of Police and the head of the DPW. Dick Brown
says that eventhough the town is now at liberty to change speed limits,
due to a change in legislation by the state, it is, in his opinion, too
complicated and expensive. No specifics were offered to support this.
The Council moved to table this issue indefinitely.
Brown noted that the Winding Brook subdivision, off
Witchtrot Rd., is ready for board approval. The developers want the bond
released.
Brown said that he had been notified by Doc Stevens
that South Berwick is named as a beneficiary of a trust fund at Berwick
Academy. Apparently, the fund stipulates that, should BA fail, the fund
(which is in six figures) reverts to South Berwick, namely to the fire
department. BA wants to pay South Berwick $25,000 to take its name off
the fund. Brown advised against taking such action. The Council appeared
to agree.
Council went into executive session and was adjourned.
ˆBack
to top
Notes
on the Town Council
Meeting, January 28, 2002
Reported by Lisa Bauhan
Present: Chairman
David Webster, Councilors Robert Gagne, Gerald MacPherson, Cy Chase, John
Ford, Town Manager Dick Brown, Town Clerk Barbara Bennett.
Approximately 10 members of the public were present,
including Catherine Caruso, a new reporter from Foster's Daily Democrat.
Conservation
land at the top of the agenda
The meeting convened at 5:55 p.m. following an
uneventful and short meeting of the Council in its capacity as Board of
Assessors to review the Vaughn Fund. Town Manager Dick Brown began by
distributing a letter he received from the Great Works Regional Land Trust
announcing the acquisition of a 10 acre parcel of land off Rt. 91(near
Roe Fields Drive). The land is adjacent to four parcels of land the town
acquired for back taxes. The Land Trust is offering to manage all 5 parcels
in order to create a larger block. This would allow the Trust to operate
on a larger scale, thereby enhancing habitat through forest practices
while minimally impacting the landscape. The Town would benefit by having
the land managed for free.
John Ford asked if the parcels could be logged.
Town Manager Brown reminded him that land held in conservation could not
be tampered with. Cy Chase said he wanted, "to give (the
proposal) a little thought before we barge off into it." Chairman
Webster asked if abutters to the parcels had been asked if they wanted
to buy the town-owned land.
Dick Brown said, "The question is do we want to
keep owning the land or give it away?" Dick Gagne replied that he
does not want to see the town get rid of the land if it doesn't have to.
No action was taken.
Conflicting
Economic Interests
Over
the Strawberry Festival
Saying he wants to keep the Strawberry
Festival, "a small town, high-end festival," Dennis Smith of
the Strawberry Festival Committee asked the Council for guidance on resolving
a growing economic conflict. Smith said that vendors pay a substantial
fee to set up their booths on the official festival grounds at Central
School, while others who live nearby, or are local merchants, set up their
own displays for free, or rent space to others for a fraction of the price
paid by festival vendors. Smith mentioned yard sales set up on lawns within
a 500 yard radius of the festival site, and at the gas station across
the street from Central School.
He said some vendors have said they won't
participate in the festival again because they do not want to compete
with others selling their wares nearby.
Smith asked the Council to explore ways
to ensure fairness
to all, and cited examples of other towns that issue limited permits on
festival days. He noted that the Southern Maine Regional Planning Commission
could provide language for a one-day ordinance to restrict sales on festival
days.
Gagne and Webster stated their desire to
hold a workshop to discuss the topic before making any recommendations.
Smith reminded the Council that the workshop would have to be held soon,
as any new regulations would take a minimum of 2 months to take effect,
and the Festival is held at the end of June. In an acknowledgement of
the controversial nature of the issue, Chase noted that, "You're
gonna have certain people mad at you no matter what you do."
John Ford made a motion to set up a workshop.
The motion was approved by a unanimous vote.
Comprehensive Planning,
Street Lights and Subs
In the public audience portion of the meeting
town resident Brad Christo said he learned at a recent Planning Board
meeting that there is a March 1 deadline for submitting an application
to the state for a $10,000 grant to rewrite the Town's Comprehensive Plan.
Town Manager Brown indicated that the Town is preparing an application,
and plans to meet the deadline. Brown also said the town would not necessarily
use the money to hire the Southern Maine Regional Planning (SMRPC) to
re-write the plan. He said that there may be other resources that the
town could use. Christo questioned why the Town would not take advantage
of SMRPC's expertise.
Brown stated that any money given by the state
must be matched by the town.
Councilor Gagne noted that some streetlights
appear to be malfunctioning. When he drives by certain lights early in
the morning they suddenly shut off. This led to an unusually lively discussion
among the members of the Council. Chase stated that the electric eyes
on the poles may be facing the wrong way. MacPherson reminded the Council
that CMP is not heavily invested in the service end, particularly since
electric industry deregulation.
Chairman Webster announced that some members
of Council had attended a ceremony at the Portsmouth Naval Shipyard to
welcome an attack sub that has arrived at the yard for repairs. South
Berwick is one of the host communities for the sub while it is at the
yard.
The Ever-Shrinking
Zoning Board of Appeals
Following on comments made at the previous
Town Council meeting, Dick Brown reiterated the need for applicants to
the Zoning Board of Appeals. Three of the seven positions on the ZBA are
now vacant. 4 members of the ZBA are required for a quorum. So if any
members are absent the board can't do its job. Shortly after Brown's comments
the Council voted to accept the resignation of Brad Hamm from the ZBA.
He is resigning because he is moving out of South Berwick.
Spring
Hill Will Reopen Soon
The Council unanimously voted to grant
a liquor license to Spring Hill, which will soon reopen. Councilor MacPherson
suggested acknowledging the reopening, following the fire that destroyed
the old building. Town Manager Brown said that an article is planned for
the Town's official news letter The Quamphegan, and that flowers would
be sent.
The meeting adjourned, and the Council
went into executive session to discuss what Brown described as "personnel
matters."
Click on the links below for local media coverage of this meeting:
Strawberry
Festival Organizers Concerned Over Exhibitor Sprawl
South
Berwick Council to Consider Transferring Ownership of Land Prcels to Land
Trust
ˆBack
to top
Notes on the Town Council
Meeting, February 11, 2002
Reported by Lisa Bauhan
Short
and Sweet
Present: Chairman David Webster,
Councilors Gerald MacPherson, Cy Chase, John Ford and Town Clerk Barbara
Bennett. Town Manager Dick Brown and Councilor Robert Gagne were away
at a FEMA conference.
Audience Members: 2, plus a reporter from Foster's
Daily Democrat.
This week's meeting was very short, lasting a
total of 6 minutes.
Council Members' Reports: MacPherson said that
the traffic study report, noted in prior meetings, is ongoing. John Ford
said he has copies of the Shipyard newspaper "that has your illustrious
comments" (not sure who he was addressing, maybe MacPherson).
Broader
Shoulders to Make Way for Bikes
Chairman Webster reported that South Berwick
has been awarded a $400,000 grant from Eastern Trail, a state-sponsored
program that establishes bike paths in Maine. According to their web site,
Eastern Trail is in the process of building a biking/walking trail from
Kittery to Casco Bay. (For more information visit their web site at www.easterntrail.org.)
A portion of the trail in South Berwick will follow Vine St., Old Fields
Rd. and Old South Rd., and will entail widening these roads by three feet
on both sides.
[Note: As of February 25, 2002, in response to objections
raised by residents, the road paving project has been shelved in South
Berwick. The full Eastern Trail engineering feasibility study (which
specified four feet, not three, of paving for miles of rural roads in
Eliot and South Berwick), can be viewed here.]
ˆBack
to top
Notes on the Town Council
Meeting, February 25, 2002
Reported by Lisa Bauhan
All Council members present,
along with Town Manager Dick Brown and four members of the public.
Prevention
Policy Board Selections
Diane Brandon and Paige Farmer, of the Community
Wellness Coalition, came seeking approval of three volunteer representatives
from South Berwick to the Juvenile Delinquency Prevention Policy Board
for Southern York County. The Coalition is a non-profit, non-partisan
project dependent upon grants and donations. It was designed to improve
the quality of life in York County for those residents at risk, and coordinates
mental health, domestic violence and substance abuse resources at its
Landmark Hill Community Resource Center on Route 1 in Kittery. Ms. Farmer,
who heads the Community Asset Builders Project, has been inviting representatives
from Kittery, York, Ogunquit, Eliot and South Berwick to join the Board.
She said that the three South Berwick residents
- Peter Gagnon, Lynn Wildnauer, and Raymond Amidon - all appear to have
the necessary backgrounds and reputations to serve effectively. After
some discussion, the Council voted to approve these residents as members.
Town
Manager Dick Brown to Run
For
State Legislature
Town Manager Dick Brown has formally submitted
a letter to the Town Council stating his intention to run for the State
Legislature in November. He is required by the Town statutes to notify
his employer, in order that he may continue to work while campaigning.
Brown did not elaborate on his election platform.
That
Pesky Public Audience
Brad Christo asked (once again) about
the status of the Comprehensive Plan. Dick Brown said that an application
for funding to pay for rewriting the Comprehensive Plan was being submitted
this week (just ahead of the March 1 deadline).
Nick Baker said that he had heard that a
letter had gone out from the Council to some town residents announcing
the cancellation of the public hearing concerning the paving of South
Berwick's scenic back roads (in connection with Eastern
Trail's plan). Baker wondered where the Council stood on the proposed
project. Dick Brown stated that the entire project had been withdrawn
for the present. Baker thanked the Council for this action. Brown said
that he didn't want to spend an hour discussing it. Visibly agitated,
he said that "the horse got away without the wagon, a lot of misinformation
got out, and the story got out before we were prepared to let it out."
He did not specify which information was in error.
Brown went on to say that another town wanted
the biking and walking path more than South Berwick, so they (the other
town) will receive the grant.
Webster noted that the grant money, coming
from the Dept. of Transportation, was strictly for paving. Baker reiterated
his appreciation for the project's withdrawal, and requested that, in
the future, when another project impacting the town's residents came under
consideration, the Council would seek consensus from those residents.
There was no response to this from the Council. (Read Dick Brown's letter
here, and click here
to see how Foster's covered the story.)
Thanks
Go Out
Council member Cy Chase recognized by name
twelve businesses that gave generous financial contributions to the operation
of Powderhouse Hill this winter. He noted that, unfortunately, the hill
has not been utilized very much due to the lack of snow.
FEMA
Buy-Out
Dick Brown reported that FEMA - the
Federal Emergency Management Agency - has given South Berwick $140,000
to buy out the Mulcaheys, whose house and land adjacent to Chick Brook
(off of Emery's Bridge Rd.) has experienced repeated flooding. While FEMA
dragged its heels, the Mulcaheys apparently placed four separate deposits
on houses, only to lose each of them in turn. The town will raze the buildings
and convert the land to a park and a boat launch, providing South Berwick
recreational access to the Great Works River.
After voting to adopt two pension plans
for the town employees, the Council went into executive session at 6:35.
ˆBack to top
Notes on the Town Council
Meeting, March 11, 2002
Reported by Lisa Bauhan
The Council, meeting as
the Board of Assessors, convened at 5:45, and adjourned at 5:50. The Town
Council convened immediately thereafter, although it was officially scheduled
to begin at 6:00. This reporter was the only member of the public present
until 6:06, when three other audience members arrived.
Teen
Center Update
Chairman Webster referred the Council to a letter
received from Peter Gagnon, chairman of the South Berwick Teen Center.
Gagnon stated that the center, while a relative success, is in need of
more funding (it currently operates on approx. $3,000 per year). He recognized
Louise Andersen as the unpaid backbone of the center, and said the center
is seeking a grant from the Community
Wellness Coalition to finance her permanent position as the director.
He stated further that the skate park beside the center, while not staffed
by any of the center¹s volunteers, is nonetheless used by teens who
patronize the center. There have been complaints of trash and old boards,
as well as kids on skateboards, migrating from the park into the street,
creating traffic hazards.
Dick Brown stated that he would like to
install shrubbery around the perimeter of the park, to discourage such
spill-over. Chase and MacPherson argued over what was said last year when
the Council took the original vote on the center. Chase contended that
its doors would close at the first infraction. Webster reminded them that
the park is a separate entity from the center. After lengthy digression
to an unrelated topic (an upcoming Eagle Scout ceremony), Webster stated
that he would like to commend Gagnon, via a letter, on his efforts at
the center.
Webster added that Gagnon has personally asked
for the Town to pay Ms. Andersen's part-time salary.Members of the Council
were not amenable to this suggestion, citing the original agreement that
the center would operate on a volunteer basis. No other action was taken.
Town
Manager's Report
Dick Brown reported that collective bargaining
has begun to renegotiate the police department's contracts. He said that
at this point all parties are gathering to discuss the contracts, and
that no lawyers are involved in the talks. He stated his hopes that it
remain this way, as lawyers drive up the cost and time involved in the
process.
New
Business
A request has again come from the State for the
Town to prohibit Alewife fishing rights for the 2002 season (apparently
this is an annual request, with the implied threat, according to the Chair,
that if the Town does not take action, the State will, thereby reducing
other fishing rights as well.) This request was approved.
The director of Public Works has requested
that Winding Brooke Lane, having met all requirements, be approved as
a town road. this request was also approved.
There being no new business, Council
went into Executive Session to discuss the collective bargaining process.
All members of the Council
were present, along with Town Manager Dick Brown and Town Clerk Barbara
Bennett.
ˆBack
to top
Report on the Town Council
Meeting, March 25, 2002
By Lisa Bauhan
Hot-Topping
- A Hot Topic
Monday night's Town Council meeting
drew a large audience, as the Council heard arguments for and against
paving one of the last dirt roads in South Berwick, a 1,000 foot section
of Bennett Lot Road. Chairman David Webster opened the floor to comments
from residents of Bennett Lot Road, after turning down Councilor Cy Chase's
request to only allow comments from residents of the unpaved portion of
the road.
Nancy Wetzel (39 Bennett Lot Rd.) read a
letter describing the pastoral beauty of the road and the historic significance
of its older houses and farms. (Read Nancy Wetzel's letter here.)
She noted problems on Witchtrot Road, a former dirt road, especially lanes
that are too narrow to be safely shared by pedestrians, bicycles and vehicles.
She stated that Bennett Lot Rd. is enjoyed
by all sorts of people, and that skiers and hunters park alongside the
road in order to access the woodlands nearby land set aside for conservation.
It is her opinion that paving would erode the road's beauty and cultural
heritage.
She said that speeding, already alarming
on the unpaved portion, would increase. "The road would become a
speedy cut-through to the Ogunquit Road, where it would increase the number
of vehicles if it were paved," Wetzel said. "Speed must be considered
a dangerous and irresponsible thing to introduce on Bennett Lot Road."
She stated that posting 25 mile-per-hour speed limit signs would not deter
speeders on a paved road that that is infrequently patrolled by the police.
She reminded the Council that Sarah Orne
Jewett wrote 100 years ago about the "use and misuse of progress",
and warned about "irretrievable loss" in the name of progress.
Wetzel also read a letter from Stephen and
Cindy Poole (189 Bennett Lot Rd.), which reiterated much of what Wetzel
had said, adding that the road borders property of the Great Works Regional
Land Trust, and property bought by the Maine Turnpike Authority to replace
forest land lost due to the turnpike widening project. In their letter
the Pooles asked, "Is this (degradation of the road) what we want
to happen in Tatnic?" They suggested an alternative to paving: continuing
to grade and spread calcium chloride on the road, to cut down on the potholes
and dust.
Nora Irvine (16 Bennett Lot Rd.) read a
letter from a neighbor, Frank Merchant, who stated that he has lived on
the road since 1950, and before that around the corner, on Old County
Rd. He is "very much opposed to" the paving, Irvine said. "There's
always a price to pay" with improvement, and the benefits are "questionable."
He wrote that, in the 1940's and 1950's, most of the people who came here
were "summer people," most of whom wanted to get out into the
country but still have the amenities of city life. "When they are
done it is the same as where they came from," and that when the new
destroys the old, the old is "gone forever." In his opinion,
"the only purpose of paving is to increase the speed."
Richard Bonci (118 Bennett Lot Rd.)
told the council that he believes it costs more to maintain a dirt road
than a paved one, and "I don't want my tax dollars to pay for maintenance."
He added that there are "plenty of dirt roads in the woods"
on which to walk, ride bikes and horses.
Mark Brown (Bennett Lot Rd.) stated that
his strong opposition to paving would be slightly mitigated "if it's
done right." He stated that the paved portion of Bennett Lot Rd.
was poorly done, and the road barely wide enough to allow two car to pass
one another. He also state that, if the road is paved he would like to
see street lights installed.
A resident of "one of the last farms
in the area," Betsy Hasty (59 Bennett Lot Rd.) said that her house
is very close to the road and she fears that speeders are going to end
up in her living room. She cited an accident last fall in which a car
rolled over into the field next to her house. She stated that paving would
increase speeding. She said she is worried about her cows being hit by
cars that go off the road.
Mike Latour (Bennett Lot Rd.) stood
to speak about his concern for community safety, "especially at our
end of the road." (Read the statement from Michael and Catherine
Latour here.) He
said that when he recently moved to South Berwick from New Hampshire,
he asked the North Berwick Fire Department how long it would take them
to reach his residence in the event of a fire. (South Berwick F.D. does
not service that area, as it's three minutes quicker for North Berwick).
He said he and his wife were told to, "grab what you can, and get
out of the house, we'll be there to put the cinders out."
"I didn't spend $200,000 building a
house to have the fire department tell me (that)," Latour said. He
further stated that he and the other residents are aging, and asked, "is
it going to take somebody drop(ing) dead because we can't get an EMT up
there in time?"
He concluded by saying, "we want to
make our lifestyle a little better." Latour invited the public to
use his land and that of his neighbors for recreational purposes. "Be
my guest," he announced. [Note: Fellow attendees did not join him
in this invitation.]
Emergency services were the concern of Eugenia
Bonci, who stated that last year she called an ambulance to her house.
"The fellows who drove the ambulance couldn't believe the shape of
the road," she said. Mrs. Bonci noted that the EMT's couldn't start
an IV in her arm until they reached Ogunquit Rd, because Bennett Lot Road
was too bumpy. "My car has skidded on the road in the mud,"
she said, "when we bought (our house) four years ago we were told
that the road was going to be paved; it's four years later and it still
isn't paved."
Nora Irvine spoke again, citing South Berwick's
Comprehensive Plan. She said she believes that the courts "would
uphold the concept of the rural district," which was noted in 20
year old plan.
Council
Members Give Their Views on Paving
Cy Chase stated that the dust along the
road "is real bad... you shake, and if you are doing more than 25
mph you're gonna end up in the ditch." He is in favor of the road
being paved, as an obligation to the people on the road. "My wife
doesn't want it hot-topped, but I'll forgive her," he said.
Bob Gagne told Nora Irvine that he "didn't
appreciate the legal threat," in her remarks. Irvine stated that
she was only bringing the Comprehensive Plan to the Council's attention.
Gagne spoke about his obligation to "that road" and an obligation
"to save our town equipment." He agreed that the paving "must
be done right...street lights, forget it, as far as I'm concerned."
He noted that the town built sidewalks in Agamenticus Estates, and "nobody
uses" them.
Webster took issue with Irvine's comments
as well, saying that the Comprehensive Plan is updated every ten years
because "things do change, people have moved in," he said, "and
have different opinions, and that's why an update is required." Apparently
addressing Betsy Hasty, Webster further stated that he too lives on a
farm and that he puts up good fences so the cows don't get out. He thinks
that the presence of cows "slows people down." He said that
he'd like to pave "as much of the road as we can."
Other members of the public offered their
views during the public audience period. Susan Wathan of Emery's Bridge
Rd. stated that "if people want to live in the city they shouldn't
move to a dirt road" in the first place.
South Berwick Fire Chief George Gorman said
that paving is a public safety issue. Gorman, who delivers oil during
the winter months, told the story of driving an oil truck that slid sideways
down Bennett Lot Road because of freezing conditions. "It took a
sand truck to get me out of there." In Chief Gorman's opinion, "it's
gonna happen, the rural character of South Berwick is gonna change,"
and the safety of emergency personnel is paramount.
Councilors
Speak On The Proposed Casino
John Rudolph expressed his appreciation
to Webster and Town Manager Dick Brown for publicly opposing the proposed
casino in Kittery. He then asked the Council to go on record against the
casino. He urged the Council to take a formal vote that would be, "of
a nature equal to what the surrounding towns are taking." He noted
that Kittery is proposing to change its town charter to prohibit casinos,
and said that he feels that, "South Berwick should do something similar,"
in order to level the playing field. He fears that South Berwick may become
a target for this type of facility if we don't offer opposition as strong
as other towns.
Webster stated that there will be
a referendum question put to the town in June. He questioned the legality
of Kittery changing its charter, and wondered whether every Kittery resident
is against the casino.
Gagne strongly opined that not all
sides have been heard on this issue, and won't make a commitment either
way. Chase said that people might be surprised by how many people in South
Berwick are in favor of a casino nearby.
Webster stated that, while he is opposed
to the casino from a moral standpoint, he is there to represent the town,
and that he would go along with how people vote on the issue.
(Read Lisa Bauhan's comment on the casino
here.)
Paving,
Paving and More Paving
Brown reported to the Council that paving
will begin on part of Academy St. He said that new water and sewer mains
would be laid, and new sidewalks and curbing would be installed. He further
reported that reconstruction of the bridge on Dennett Road would begin,
and that the road would be closed during the process. More paving was
planned for Great Hill Road, and the last unpaved stretch of Old County
Road. He stated that there are now only three unpaved roads in South Berwick.
The town has received a $10,000 grant
from the state to revise the Comprehensive Plan. An additional $15,000
has been earmarked for this purpose in next year's town budget. Brown
stated that the combined sum of $25,000 is enough only for an update to
the current plan, not a whole new plan.
Brown weighed in on the Bennett Lot
Rd. issue, stating that dirt roads need sand, not salt in the winter.
Town trucks that service dirt roads cannot also service paved roads. He
pointed out that, "any moisture plus cold on a dirt road turns it
to ice."
In other business, the 2002 municipal
warrant issued for unlicensed dogs was motioned and passed.
The meeting began at 6:00 and ended
at 7:05. Council members absent: Gerald MacPherson (funeral) and John
Ford (illness).
ˆBack
to top
Report on the Budget Hearing
and
Town Council Meeting, April 8, 2002
By Lisa Bauhan
Property
Tax Rates May Rise
At an unusually lengthy
and sometimes tense meeting the Town Council approved a budget for next
year that is expected to raise the local property tax rate by at least
$1.25 per thousand dollars of assessed valuation. Town Manager Dick Brown
explained that the current tax rate of $20.50 will go up to, "somewhere
around," $21.75 to $22.00. He said the higher tax rate is needed
to fund spending increases in next year's proposed town budget and the
budgets for SAD 35 and York County. In a subsequent conversation with
Southberwickcitizen.org, Brown said the tax increase could be smaller,
or there may be no tax increase, if the town finds that tax revenues are
ahead of estimates.
The $4.45 million budget, which the Town
Council unanimously approved following a public hearing, includes a 7
per cent increase in spending for town services such as police, fire,
and public works. School spending, which accounts for nearly 65 per cent
of local taxes, is expected to increase by 9.2 per cent. The York County
budget, which is also funded by local property taxes, is going up by 36
per cent.
Brown said that each dollar in the tax rate
raises $294,000 in spending. Brown reported that 94.9% of taxes have been
collected this year.
Town Costs Up
At a public
hearing that lasted more than 2 hours, Brown and members of the Council
reviewed the budget almost line-by-line with the audience that included
10 members of the public and a reporter from Foster's Daily Democrat.
All members of the Council were present except for John Ford, whose absence
was not explained.
In his opening remarks, Brown said that the spending increase is due to
several factors including the rising cost of fuel and increases in wages
and salaries paid to town employees. These include cost of living increases,
step increases and merit pay raises. Another factor that Brown discussed
later in the hearing is an increase in tipping fees at MERC, the Biddeford
incineration facility where South Berwick's non-recycled trash is dumped.
Brown said the town has 25 or 26 full-time
employees. He estimated that including part-time workers the town employs
about 100 people.
In response to a question from the audience
Brown spoke about the town-wide property value reassessment currently
under way. He said he expects values to increase based on the neighborhood
where a property is located, the type of construction used, and the style
in which homes are built. Brown said that in response to higher property
values the tax rate could drop in future years.
Code
Enforcement and Planning
The Code Enforcement
budget is increasing by $9487.00, a 19 per cent hike. South Berwick now
has a full-time code enforcement officer. Previously this was a part-time
position.
The Planning Department budget is going
up by 96 per cent, the highest rate of growth for any town department.
The planning budget approved by the Council is $62,268.
Planning coordinator Kathy Delp, who is
paid on an hourly basis, has seen an increase in her hours from 11 hours
a week to 25+ hours a week. An additional $12,000 has been added for outside
planning help and consulting.
The planning budget also includes $15,000
to update the town's Comprehensive Plan. This is in addition to a recently-awarded
$10,000 state grant. Brown stated that an additional $10,000 in town funds
is available for the Comprehensive Plan, if needed. The Council would
have to appropriate the additional funds before they could be used for
this purpose. He also said that the town has held discussions with MRI,
a firm that has experience with comprehensive plans. The town currently
contracts with MRI to do tax assessing. Brown said the contract for professional
assistance with the Comprehensive Plan update would not be put out to
bid, but would be, "negotiated."
Insurance
and Police Costs
Municipal Insurance costs are going
up by 8 per cent to $476,075. To hold down rising health care costs the
town has bought a new health insurance plan for full-time municipal employees.
Brown says the new plan is 15 per cent cheaper than the current plan.
The new plan includes fewer benefits, and town workers will see deductibles
and co-pays increase.
The Police Department will lose three of
its nine full-time officers over the next 18 months, due to the loss of
a federal grant that pays their salaries The projected 8% increase in
the Police Department budget does not include any additional costs that
may result from the ongoing collective bargaining process between the
town and the police union. The contract talks are expected to yield a
3-year agreement.
More
Police Urged
Town resident John Rudolph questioned why
South Berwick, in the face of rising traffic problems and crime, does
not explore the possibility of increasing the size of the police force
using town funds. Chairman David Webster interrupted Rudolph, saying that
these issues had already been raised at the budget workshops which were
held with individual department heads including the Police Chief. "That's
why we suggest that you come to these budget hearings, because you get
a lot more information," Webster said .
Rudolph reminded
Webster of an exchange at an earlier Town Council meeting (see Town Council
Meeting of January 14, 2002), in which Rudolph asked about public participation
in the budgeting process. "The response came back from Dick and the
Council that there was no opportunity for public participation in those
budget workshops," Rudolph observed, "so there was no reason
for a member of the public to come, other than to simply observe."
To this Webster replied, "I don't know where you got that impression,
that you couldn't participate." Brown then confirmed Rudolph's recollection
saying, "he was exactly right, that's what was told to him."
But Brown went on to add that a citizen who came to the budget workshops
could perhaps ask one or two questions. However, he said, if ten citizens
showed up and started asking questions the Council would probably not
allow it. "I guess
we were both right," Webster concluded.
Transfer
Station
The Transfer Station will see a 17% increase
in its budget, a significant portion of which goes to "tipping fees."
As noted above, tipping fees are the cost of dumping our compacted trash
at the MERC incinerator in Biddeford.
Brown said MERC's fees have gone from $42
per ton to $65 per ton. Brown said South Berwick recycles approximately
50% of its trash. He added that the town has served as a model for other
municipalities who are seeking to reduce the amount of solid waste they
generate. But he and members of the Council agreed that further recycling
needs to be encouraged.
Brown and the Council asked for public input
on ways to encourage recycling. They also said that it's difficult to
stop people from violating the town's recycling rules at the Transfer
Station.
Fire
Dept. Needs More
Fire Chief George Gorman noted that, while
the Fire Department has "the most expensive operation in town,"
the Police Department is more adequately funded. "Five thousand dollars
to maintain (Fire Department) vehicles is not enough," Gorman stated.
There was no initial response to this from Brown or the Council, so other
members of the audience asked for clarification. Brown stated that he
had already discussed the matter with Gorman in a separate budget workshop,
and that he felt that Gorman was raising the issue in a public forum to
garner sympathy. "I don't agree with George, and he knows that,"
said Brown. "It's not a safety issue."
Chair David Webster stated that the Council
agreed with Brown.
Money
for Paving
The Capital Improvement budget will go up
by 7 per cent to $797,700. The budget includes funds to pave the first
1000 feet of the 1.4 mile dirt section of Bennett Lot Road. The paving
would start at the intersection of Bennett Lot and Ogunquit Roads. Brown
estimated the cost of paving the 1000 foot section at $30,000. Stating
that paving would be more expensive than keeping the current dirt surface,
Bennett Lot Road resident Nora Irvine asked
for a cost analysis by the town. Brown then handed out a spread sheet
that he said demonstrated that paving would be cheaper over the long run.
Despite efforts by Brown and members of the Council to explain the spread
sheet, the audience seemed confused. Irvine and another Bennett Lot Rd.
resident reiterated their fears that paving would degrade the road's rural
character, and lead to increased speeding. Another Bennett Lot Road resident
spoke
briefly in favor of paving. Webster and Brown ended the discussion, saying
that Irvine was adding nothing new to the argument.
Clock,
Garage, Security
The Capital Improvements budget
includes three new items -- $9000 to repair the town clock, $25,000 for
a fund to build a new highway garage, and $10,000 to improve security
at town facilities. Brown said the security spending results from a review
of town facilities conducted after the attack on September 11. Brown said
there are many places where security still needs to be increased. Next
year's appropriation will go to improving security in
the Town Clerk's office.
Public's
Concerns Not Weighed?
At the end of the budget hearing John Rudolph
noted that right after the hearing the Council was scheduled to adopt
the budget at its regular meeting. The agenda item stated, "Adopt
Manager's budget for 2002/2003 and order its inclusion in the warrant
for June 3rd annual budget meeting."
"How can the public's concerns be weighed
and considered," Rudolph asked, "if the Council is voting the
same night as the hearing?" He suggested a delay of one meeting cycle
to give the Councilors time to reflect on the public's comments and questions.
Councilor Gerald MacPherson complained that more people need to attend
the budget workshops, so the Council can get a better sense of the community
opinion. "So few people have turned out tonight, we have maybe 10
people representing about (a town of about) 7,000."
There being nothing else of note (aside
from the very sad fact that Marlee Animal Shelter is closing due to financial
reasons), Cy Chase moved that the budget be adopted. Councilor Bob Gagne
then asked if a delay would be possible. Some members of the Council stated
that they had heard nothing that would make them change their minds. Brown
noted that, due to extensive departmental budget hearings, time was at
a premium, and that the budget needed to go to the printer to be ready
in time for the Town Meeting. He suggested that the budget making process
start earlier next year, perhaps in
January, rather than February. Councilor Gagne said he believed that there
needs to be better publicity for budget meetings.
Councilor Cy Chase thanked the members
of the public for coming to the hearing.
The council voted unanimously in favor of
the budget, which now goes to the annual Town Meeting, on June 3 at 6:45
PM.
For John Rudolph's commentary on the
budget hearing, click here.
ˆBack
to top
Report on the Town Council
Meeting, April 22, 2002
By Lisa Bauhan
The meeting convened at 6:00
p.m. All Council members were present except John Ford, who was out of
town on a work assignment. Approximately 6 members of the public were
present, as well as a reporter from Foster’s.
In an effort to ensure that the council
members are on the same page as their brethren in Kittery and surrounding
towns, Taintor Davis-Child of Old Fields Rd. presented each member with
a copy of Jeff Benedict’s book Without Reservations. This
book examines in detail the Mashantucket Pequots’ efforts to establish
Foxwoods Resort Casino. Benedict questions the authenticity of the tribe
and the amount of land that was granted to it. The books were accepted
with the Council’s appreciation.
Town Manager Dick Brown and Council Chair
David Webster added that they attended Benedict’s reception at The
Cliff House last Monday night, and found his talk “very, very interesting.”
Brad Christo of Old Fields Road asked about
an upcoming presentation concerning the casino issue. Dick Brown reported
that five lawyers from Bernstein Schur Sawyer & Nelson were coming
to South Berwick Town Hall to present, at no cost, a workshop examining
the legal ramifications of establishing a casino. Issues such as zoning,
infrastructure, etc. were to be discussed. Brown noted that the workshop,
scheduled for Wednesday April 24, from 6 p.m. to 9 p.m., is restricted
to municipal board members in York County and across the border in Rollinsford
and Somersworth. He also announced that a cable channel from Ogunquit
will be taping the Entire proceedings and will make it available for the
public at some future date. “Looks like we’ve got room for about
100 people,” Brown observed, “and we’re closing in on that.”
He stated further, “I’d be surprised if it didn’t result
in some follow-up of a similar meeting.”
Councilor Bob Gagne reiterated his desire
to inform the public of upcoming meetings via a sandwich board placed
in front of the Town Hall. Both Webster and Brown concurred. No action
was taken.
Webster notified the Council that John Rudolph
has presented him with a list of people to serve on the Traffic Study
Committee. No other action was taken.
The Council passed the warrant for the annual
Town Meeting, to be held on Monday, June 3, 2002.
The Council was asked to renew Andrew Helm’s
liquor license, for Wadleigh Gardens. Gagne noted that Helm, who was not
present at the Council meeting, continues to be in violation of zoning
ordinances forbidding the stationary banner across the front of the building
housing the restaurant. As Helm has ignored written requests to comply,
Councilor MacPherson motioned to postpone the granting of the license
until Helm (1) complies with the ordinance, and (2) presents his request
for the license in person. Motion was seconded and passed.
Proposed Non-Binding
Referendum on Casinos
Town Manger Brown passed out a handout
showing voter turnout in South Berwick at elections going back to 1997.
He noted that there is significantly greater voter turnout in November
elections compared to those held in June ( average of 49% vs. 6.25%, respectively).
To better gauge the public’s true feelings on the proposed casino,
Brown said the referendum would best be delayed until November. He also
stated that the language on the referendum question should be simple,
and similar to language being used by other towns such as Kittery. After
some discussion, the Council concurred.
The meeting was adjourned at 6:25 to allow
the Council to go into executive session.
Quote of the week: "Legalwise, gambling
is gambling.” --Councilor Cy Chase commenting on the proposed seminar
to discuss the legal implications of locating a gambling casino in York
County.
ˆBack
to top
Notes on the May 13, 2002
Town Council Meeting
By Lisa Bauhan
There was an unusually
large turnout by the public, many of them in support of guest presenters.
Some 28 people were counted in the audience.
Sue Godel from the Children's Leadership
Council presented plans for a playground for young children that the CLC
would like to build on town owned land behind Town Hall. A combination
of public and private funding would support the project. Godel noted that
in the town's comprehensive plan, playground construction has the highest
priority for recreational spending.
She also said that according to state standards
a town of South Berwick's size should have at least three playgrounds.
Because of population growth that number will soon increase to four. She
estimated that roughly 600 children would be served by the playground.
Godel compared the differences between
playgrounds designed for children under 5 years old, and 5-12 years of
age. Younger children, she suggested, need fewer physical challenges than
older ones; rather, the challenge should be one of cognitive development
and imagination. Godel said that places like Vaughn Woods and the playground
behind Central School are far from ideal for younger children: the terrain
and open paths of the former are unsafe, and the equipment of the latter
was designed for an older age group. Further, the playground at the school
is unavailable during the school day.
In stressing the need for a park uniquely
designed for small children, including those with mental and physical
disabilities, Godel enumerated the advantages of locating it behind Town
Hall. These include proximity to the center of the village, local businesses
and Central School (offering parents and young children a place to play
while waiting for older siblings to be dismissed from school).
CLC engaged Richardson Design, Landscape Architects from Saco, to design
the playground. The plan, Godel reported, is to be done in three phases,
as money is raised. Each phase would have a finished look while awaiting
completion of the next phase(s). The first phase is estimated to cost
approximately $90,000; the cost of phases two and three would total about
$40,000. The fund-raising arm of the CLC, headed by Harlan Goodwin, would
seek to raise $93,000 by May 1, 2003. Goodwin told the Town Council that
their endorsement is critical to any fundraising campaign, as such an
effort must start at the center and grow out. In addition, the CLC will
ask the town to assume liability for the playground, as it does for other
activities on town property such as the Powderhouse Hill ski area.
Town Manager Dick Brown said that last
year the town put aside $5,000 for the playground project. He said an
additional $5,000 will be set aside in this year's budget. Goodwin added
that the Vaughn Fund trustees would be urged to commit an additional $5,000
to the project. He also stated that the CLC has already raised over $10,000
in private donations. To raise additional funds Goodwin said that businesses
and local citizens could purchase dedicated bricks, to be laid in the
playground walkway (the cost of bricks has not yet been established).
With the monies from the town and the Vaughn Fund, that would leave a
total of $63,000 left to be raised by this time next year.
Councilor Cy Chase expressed dissatisfaction
with the proposal. He objected to the proposed entrance to the playground
from the Town Hall parking lot. Chase did explain why this is a problem,
but Councilor Gerald MacPherson stated that "the question is parking
space--it sounds as if we need another 25-30 spaces in the lot" to
accommodate the park-goers. Godel disputed this point, saying that turnover
for such a facility is rapid, most parents staying only 30-45 minutes.
She noted further that each time she comes to the Town Hall parking lot,
typically 7-8 parking spaces are available. MacPherson asked if there
was a possibility of moving the
playground to the back of the town-owned land, away from the parking lot.
He did not explain his question, nor did he receive an answer.
Town Council Chairman David Webster thanked
the CLC for its presentation, and asked Godel and Goodwin to give the
Council until its next regularly scheduled meeting to discuss the project.
Other
Notable Business
The Council discussed complaints
about the state of Northeast Building Materials on Main Street. There
is now a sign in front offering insulation materials for free. (Note:
the town offered to haul away and encapsulate these same materials under
cement for free a few years ago, with the cooperation of the transfer
station.)
Cy Chase said that any yard sale signs
that are placed on the grass beside the monument at the entrance to Agamenticus
Road will be removed, in deference to the honored dead.
The Council approved the members of the
Traffic Study Committee submitted by John Rudolph. In addition to Rudolph,
who will chair the committee, members include Al Breed, Mark Gagnon, Amy
Miller, and Pat Robinson. Webster also appointed John Ford and Gerald
W. MacPherson, Sr. to the committee, to represent the Town Council. Webster
asked that the study be wrapped up by
June 30, 2003.
Dick Brown announced that an Executive
Session is to be held in Kennebunk on Thursday, 5/16, involving a lawsuit
between the tri-county communities and MERC (the trash-to-energy plant
in Biddeford where South Berwick ships its garbage).
Brown also announced that all compost at
the Transfer Station has been delivered to houses around town. Brown noted
that South Berwick is the only town in Maine that composts organic waste
and delivers it to homeowners. The money raised from this project will
be put into the recycling fund.
As Fleet Bank is closing operations in
South Berwick, the town put its banking services up for bid, with Kennebunk
Bank winning the new contract which will take effect July 1, 2002.
The Council unanimously accepted the application
of Kevin Dawson, a 3-month resident of South Berwick, for a vacancy on
the Conservation Commission.
The issue of Wadleigh Garden's application
for renewal of its liquor license was revisited, this time with owner
Andrew Helm present. An argument ensued as to whether or not Helm had
been noncompliant with the ordinance banning large signage. Helm contended
that he had complied with the Code Enforcement Officer's request to remove
large banners in front of the restaurant within the specified 30-day period.
Brown and the Council vigorously questioned the appropriateness of having
banners flying from historic buildings under any conditions. Brown contended
that a provision allowing banners to be displayed on a temporary basis
was meant for infrequent, special events. Otherwise, "there would
be a new banner every month, as long as it doesn't stay up more than thirty
days."
As this issue of compliance and signage
was not before the Council per se, the Council addressed the original
issue and voted unanimously to renew Helms' liquor license.
Outlook Farm Golf Club's liquor license
was also renewed. The Council was careful to emphasize that this "all
spirits license" was to apply only to the catering and reception
areas, which lie in the jurisdiction of South Berwick (other parts of
the golf club are in North Berwick).
Changes were made to the June meeting calendar.
The Council will meet on Thursday, June 5, 2002 at 6:00 p.m. (so as not
to conflict with the annual Town Meeting on June 3), and the fund transfers
meeting will take place on June 27 (same time).
The meeting adjourned at 7:20 p.m.
ˆBack
to top
Report On a Special Town
Council Meeting Held on May 20, 2002
By John Rudolph
The South Berwick
Town Council held a special meeting on Monday May 20 at 6PM. Four members
of the Council were present. Councilor John Ford was absent. No members
of the public were in attendance. This report is based on a phone interview
with
Town Manager Dick Brown.
The purpose of the meeting was to
discuss South Berwick's participation in a law suit against the Maine
Energy Recovery
Company, operator of the MERC incinerator in Biddeford. South Berwick's
garbage is trucked to MERC, where it is used for
fuel in the trash-to-energy facility.
The Council voted to appropriate $7300
to engage the law firm of Marcus, Clegg and Mistretta, which is representing
13 Maine towns in a suit against MERC and its parent company Casella Waste
Systems, Inc. of Rutland, Vermont. The suit is an attempt to recover funds
that the communities contend MERC owes them in connection with the recent
sale of the facility to Casella. The cities of Biddeford and Saco have
filed separate suits against MERC over the same issue. The suit is expected
to take three years to resolve at a total estimated cost to South Berwick
of $14,000.
Under "other business" the
Council voted 4 to 0 against allowing a proposed playground for young
children to be built on town-owned land behind Town Hall. Dick Brown says
that an effort is now underway to find an alternative downtown site for
the playground
ˆBack
to top
Notes on the May 28, 2002
Town Council Meeting
By Lisa Bauhan
After
approving the minutes of the previous two Town Council meetings, including
a special meeting held on May
20 and the minutes of the last Board of Assessors meeting, the Council
heard a presentation by Cathy Latour of Bennett Lot Road. Latour read
a letter from nine families on the road who have reached a compromise
on a controversial town plan to pave 1000 feet of the dirt portion of
the road. Next year's proposed town budget includes $30,000 for the paving
project. The budget will be voted on at the annual Town Meeting on June
3.
Latour read a letter (see full text
of letter here) saying
that she and fellow Bennett Lot Road resident Nora Irvine, "have
had a few discussions on the condition of Bennett Lot Road and on how
to come to a happy medium for all of its residents. We decided it was
best to get everyone on the road together and try to come to
a mutual consensus of what would satisfy all parties concerning the maintenance
of the road, keeping a friendly, neighborly attitude amongst us."
Latour said representatives
of nine families who live on the road had a meeting where they agreed
on an alternative to the town's paving plan. She said 4 of the families
supported paving, four were against, and one was neutral.
The families proposed a four-part
program:
"(1) To invest in the proper care
of the road, such as making it a true 'gravel road,' if that's what it
takes, as opposed to the 'dirt road' we have now.
(2) Maintaining the road so
the surface is kept in a smooth, safe, passable manner, for all types
of vehicles whether it be a resident's personal vehicle or one of our
town's emergency vehicles. And to have this true in all seasonal conditions.
(3) Treat it with calcium chloride
at least once a year (or more if needed to control the dust problem).
(4) And regardless of what gets done
to the road, to help with the speed issue, could we have a police cruiser
monitor our road once in a while."
Latour further suggested that, in
the interest of cutting costs, the Town contact the Army Corps of Engineers
to lay the gravel road.
As the Council appeared ready to move
on without responding to Latour, Nora Irvine pressed for a response. Council
Chair David Webster commended the neighbors, "for getting together
and trying to come up with an equitable solution." When Irvine repeatedly
pressed Webster on when the Council would respond to the proposal, the
Chairman finally said, "we'll let you know by Town Meeting."
Irvine added, “at the rate of
$30,000 per 1,000 feet of paving, it would cost at least $350,000 to pave
the entire road, and that doesn’t take into account other costs,
like widening the shoulders, blasting, etc.” David McDermott, Irvine’s
husband, observed that drivers who use Bennett Lot Road as a cut-through
are not saving any time (assuming that they’re doing the speed limit).
He noted that driving down Bennett Lot (from beginning to end) takes 4
min. 50 sec., and going the so-called long way around takes 4 min. 30
sec.
John Ford, absent from many meetings due to work commitments, jumped in
at this point. As he began speaking, he stopped and, apropos of nothing,
asked if the meeting was being taped, because he’d heard about a
“flap” regarding someone who was taping the meetings during
his absence. (See note below). After being
told
that there was no tape recorder , he informed McDermott, Irvine et al
that “if you’re going to have a speed issue, you need to take
it up with the police chief, not the Town Council.” Irvine, who looked
somewhat stunned by this remark, said, “We want to be able to use
the road without beating up our cars.”
Town Manager Dick Brown said the Army
Corps of Engineers might not be a good option, since they are not known
for their delicacy of operation.
Flap
Over the Special Meeting
Brad Christo of Old Fields Road
asked a series of questions during Public Audience about the Council's
special meeting on May 20. At their last regular meeting on May 13 the
Council promised to review a proposal from the Children’s Leadership
Council to build a playground on town-owned land behind Town Hall. In
the intervening 15 days, the Council held a “special meeting,”
to discuss joining a law suit against MERC, the trash-to-energy facility
in Biddeford where South Berwick sends its garbage. Although not on the
agenda, the Councilors brought up the CLC’s playground proposal and,
according to Town Manager Dick Brown, voted 4-0 to reject the proposed
site behind the Town Hall.
The conversation between Christo
and Chairman Webster:
Christo: Under what circumstances
was the special meeting called?
Webster: To consider in executive
session an issue involving MERC.
Christo: Only that?
Webster: (Nods in the affirmative.)
Christo: Are you aware that taking
up the issue (of the playground) at the special meeting was a violation
of the Town Code?
Webster: I'm not aware of that.
Christo than read from the Town Code,
section 3-17 (Rules of Council), paragraph B, which states Special meetings
may be called
by the Chairman and, in case of his absence, disability or refusal, may
be called by three (3) members of the Town Council. Notice of such meeting
shall be served in person or left at the residence of each member of the
Town Council at least twenty-four (24) hours before the time for holding
said special meeting unless all members of the Council sign a waiver of
said notice. The call for said special meeting shall set forth the
matters to be acted upon at said meeting, and, nothing else shall be considered
at such special meeting. Nothing in this section shall authorize any meeting
which would violate the freedom of access law. (Emphasis added.)
Chair Webster denied doing anything
improper: "I didn't think we did anything outside the ordinance."
Councilor Bob Gagne stated that the issue was taken up under “other.”
Christo noted that on the 13th the
Council Chambers was nearly full, and that the CLC had gone to great effort
and expense in developing its proposal. “They were due the respect
of being notified of this special meeting,” said Christo. He added,
"It would have seemed they were due the respect of a discussion and
vote
with all members of the public present."
Webster reminded Christo that “We
didn’t shut it down, we just said, ‘It can’t be done here.’"
He further stated that the Town had offered the space behind the Town
Hall as one of several potential sites. Webster added that when the playground
project began two and a half years ago, “We didn’t have the
parking and traffic
problems we do now.”
Referring to the expense incurred
by CLC to have playground plans drawn up, Webster said, “We didn’t
tell them to make their blueprints.”
A discussion then followed about whether
an actual vote had been taken at the special meeting. Members of the Council
maintained that they had not voted, but had merely reached a consensus
against siting the playground behind Town Hall.
Councilor Cy Chase said, "There was no vote. We wasn’t trying
to do anything illegal. Can’t we have a little discussion?”
Christo reminded Chase that, in fact, there
was a vote taken. Chase replied, "Well, I don’t remember.”
Town Manager Brown indicated that he believed that they had voted. Later,
when the subject came up again, Brown said in exasperation, "I'm
feeling like I wasn't at the meeting. I feel like I'm being hung out to
dry, but that's my job."
Councilor MacPherson complained that the
playground started as a postage-sized proposal and turned into something
much bigger. He said, “We promised them a parcel of land in South
Berwick, not necessarily the land behind the Town Hall.”
Scott Landis of Academy St. stated that
he was present at the CLC’s presentation on May 13, and heard Webster
tell an audience member that the meeting was purely informational in nature,
with no audience participation allowed.
Webster: “That meeting was not
the place to speak.”
Landis: “When, then?”
Webster: “During Public Audience,
when the issue is on the agenda.”
Councilor MacPherson then pointed
out that even at Public Audience there is no guarantee that a member of
the public can speak. "We've never denied anybody," he said.
"But," added Councilor Chase, "that doesn't mean we wouldn't."
As tensions rose, John Rudolph asked
to speak. “We have two separate issues here. The first is regarding
the legality of the special meeting. The second is regarding the consensus
of the council. We need to separate these two things out. There is clearly
ill will toward the Council for this decision, and I suggest that the
Council reach out to these people and have a meeting to discuss the issue.
This would lower the temperature, lower the rhetoric, and build a broader
consensus.”
While Webster did not respond to this,
Bob Gagne ended the meeting by supporting Rudolph’s idea. Webster
shot back, “So, we should get in your car and go to everyone’s
house to apologize?"
The Council closed the matter without taking any action.
Other
Business
Bob Gagne was appointed South Berwick’s
nominee to serve on the Maine Municipal Association’s executive committee.
A CMP pole permit application
for Old Mill Road was approved.
Councilor MacPherson shared a poster
from Mrs. Gebbia’s third grade class thanking the Council for cooking
the Hike-Through-History lunch.
Dick Brown announced that there was
a problem with the lot line of a house on the corner of Quarry Rd. and
Beaver Dam Rd. The current owners, who bought the house 12 years ago,
have not made any additions to the house, yet Brown says, “Either
the house oved, (closer to the property line) or the original lot lines
were incorrectly drawn.” The problem for the owners is that their
mortgage company won’t allow them to pass papers on the house. Brown
suggested one of two courses of action: either jack up the house and move
it back a few feet, or have the Council declare a violation, fine the
owners, and correct it for all time. Brown said that this sort of thing
has been happening more frequently, and that, in his opinion, “we
shouldn’t fine them $1 and then walk away.”
He suggested a more substantial fine
of $300 or $400. Gagne asked if the Council should set up a fine schedule,
so as not to go about it haphazardly. MacPherson suggested fining the
owners, but making the fine consistent with what previous violators have
paid. This motion was seconded and passed.
The meeting adjourned at 7:15.
All Councilors were present at the meeting
along with the Town Manager and Town Clerk. About 12 members of the public
were in the audience.
Quote of the
week: "I feel like I'm being hung out to dry, but that's my job."
Town Manager Dick Brown, during the discussion of whether a vote on the
playground proposal had been taken at the special Town Council meeting.
Note: At an earlier
meeting, this reporter was tape recording the session. The tape recorder
was placed in full view of the Council and the audience. Near the end
of the session, as the recorder was being checked, Councilor Gagne grew
visibly upset and asked if I had obtained permission to tape. He then
claimed that it was against state law to tape a proceeding without permission.
South Berwick Citizen later found that Title 1 of Maine Revised Statutes
Annotated section 404 states the following: "In order to facilitate
the public policy so declared by the Legislature of opening the public's
business to public scrutiny, all persons shall be entitled to attend public
proceedings and to make written, taped or filmed records of the proceedings,
or to live broadcast the same, provided the writing, taping, filming or
broadcasting does not interfere with the orderly conduct of proceedings.
The body or agency holding the public proceedings may make reasonable
rules and regulations governing these activities, so long as these rules
or regulations do not defeat the purpose of this subchapter."
(Emphasis added.)
Back to top
Notes on the June 5, 2002
Town Council Meeting
By Lisa Bauhan
Quote
of the Week: “There has to be a little bit of trust on both sides.”
David Webster, speaking about the controversy over a proposal to
build a playground behind Town Hall.
All Council members present. Meeting heavily
attended by the public, including some in strollers.
Out
of State Registration
Patrick Bauhan of Liberty Street asked
the Council about the town's policy of ticketing individuals who register
their vehicles in NH but garage them at their residence in Maine. Town
Manager Dick Brown responded, “Those people should not be doing that,
they’re taking money out of their neighbors’ pockets, that money
represents less money available in taxes.” Brown added that while
the police in South Berwick are trying to catch scofflaws, citizens are
encouraged to report anyone who is violating this law.
Junk
Yard Wars
Terry Russell of 229 Knight’s
Pond Rd. has applied for a junk yard permit. He has been cited for operating
an illegal junk yard, and, according to Town Manager Brown, the only way
he could have that many vehicles was if he was operating a junk yard.
So, according to Brown, to avoid being fined, Russell applied for a permit.
However, the zoning in that part of town requires him to apply for the
permit first, go through the Planning Board, and develop a site plan.
“Personally, I can’t imagine there’s a lot of support for
another junkyard. They should just clean up the property,' added Brown.
One of Russell’s neighbors, Shawn McLean, told the Council that he
was told by the town assessor that living near a junk yard would reduce
the value of his property by at least $20,000. McLean added that he didn’t
want that to happen. “What’s
the next process?” he asked Brown.
“He (Russell) can fight it,”
Brown replied, “but the last stop is court, and if they can’t
get him to comply...(inaudible). Hopefully, that won’t happen, he’ll
step up to the plate and clean up his yard.” No
action was taken by the Council.
Playground
Skirmishes
David Webster noted that at the last
Council meeting (May 28, 2002) members of the public expressed concern
that the Children’s Leadership Council was not represented when the
Council decided not to accept the CLC's proposal to build a playground
on town-owned land behind Town Hall. Webster said the Council had agreed
to revisit the issue. Councilors Chase, Ford and Gagne all voiced their
opposition to the site of the playground, citing traffic and safety concerns.
Councilor MacPherson couched his opposition
in financial terms: “From the presentation it sounded like the Town
Council would have to come up with 25% of the cost, and that’s not
my intent.”
Webster opened the discussion to include
the audience. Sue Godel and Nina Maurer, members of the CLC, were among
those who took turns airing their views.
Maurer: “This site was proposed
to us by Dick Brown. (Public Works Director) Jon St. Pierre said he preferred
this site over the Willow Dr. site. He said it would be much less expensive
to develop this site because of the ground conditions. This site was not
arbitrary, we were led to it. The blueprint was designed with this site
in mind. Now there’s a huge reversal. We talked to Dick about the
parking two years ago. We asked which was safer, a parking lot behind
the police station, or at the entrance to Willow Dr.?”
Brown: "The situation out here
has changed dramatically in the last 6-8 months for some reason that I
can’t explain. This is a horrific situation. When the town built
the lot, we sought state funds. In order to not have to pay for the lot
or a portion thereof, we received a state grant to build a Park and Ride
lot. Up until 2 years ago that lot always had 10-15 (empty) spaces, all
day, every day. Now, I come to work at 6:30, 6:45 in the morning, 16-20
cars are in that lot. I don’t know where they’re coming from,
some go to the Navy yard, all of Dunkin’ Donuts employees park here,
people who work at the school, at Bible Speaks... We have to reserve spaces
for our customers."
Maurer: "Did you every think
of notifying us as to the change in pattern as it might affect the work
we were doing on the playground?
MacPherson: We started out with a proposal two years ago. At that time
it wasn’t much of a size, but it seems to (have) expand(ed) into
a major full-blown project.
Maurer: "It has not changed in
scope at all. The size of the plot Dick discussed with us, we walked it,
identified the stakes and the playground had to be contained within that
space. What has changed is what we would put inside that space. The decision
was made to use the whole space and provide passive recreation, with a
picnic table to eat at and allow older people to sit and watch younger
children play. But the actual size of the space hasn’t changed at
all.”
MacPherson questioned the numbers
of the population of children ages 1-5 in South Berwick, and how many
would actually avail themselves of the playground. “I think the numbers
were skewed to make it look like there’s a lot of participants,”
he said. “This goes back to the argument... we have a playground
behind Central School . . .”
Godel: “It’s not appropriate.”
MacPherson: “We can make
it appropriate for weekends and when school isn’t in session.”
Maurer: “No, you can’t
make it appropriate, the equipment is not suited for children of that
age.”
Members of the public who spoke
generally rejected the Council's safety argument, noting that any parking
lot is dangerous, and that parents must physically restrain young children
in a parking lot by holding their hands, carrying them, etc. until they
reach a safer, enclosed space.
Brad Christo reminded the Council
of its violation
of Town Code, Section 17 in taking a vote on the playground at a special
meeting (see 5/28 meeting). Brown proposed moving forward. “I’m
not sure what purpose it serves to fight about what happened and why it
happened. We’ve gotten to the end of the story, the Council didn’t
agree and that’s the end of it.”
However, as David Webster agreed with
this idea and moved to end the discussion, there was a general outcry
from the audience. Webster agreed to continue the discussion until 7:00.
Jody Brenneman addressed the Council: “I’d like a general statement
from the Council, are you in support of the playground? I’m not totally
clear on that.”
Chase: “I thought we’d established
that.”
Webster: “I think we all feel
confident that Dick wouldn’t recommend a site that didn’t address
the safety concern, we feel comfortable with whatever Dick proposes.”
Later in the discussion, Brown revisited
the parking situation. “Parking out here is getting worse all the
time, and I’m beginning to think that before long we’re gonna
see some more parking out here in order to make this work. That means
that in 5 years when somebody says ‘We’ve got to move the playground,’
we made a
mistake. We don’t want to be faced with that either.”
Maurer: “Why couldn’t you
have stated that flat out instead of saying it was a safety issue; it
really is an issue of availability.”
Chase: “It seems to me you’re
not going to change your mind about this area, are you?
Maurer: "No, not at all. I do want
to make this one point: the difference between moving forward and discussing
the merits of other sites versus this one is simply that we’ve expended
two years worth of fundraising, two years worth of meeting times, nights
when we wanted to be home with our families, Saturday mornings when we
worked at children’s concerts to raise money for the project. What
can we do about the fact that the Council has said that they don’t
want a penny spent on this project until all the money is raised? We’re
set back by having to recoup the cost of the design, which has to be completely
redone. We don’t scrap all the information we gathered about equipment
and sites, but it’s a different site and you can’t just lift
it and put it somewhere else, there’s bridge in the middle of it."
Webster: “It’s a small component.”
Maurer: “It’s an important
component.”
Webster: “Tell me, what is so important about it other than getting
from one side of the stream to the other?”
Maurer: “The idea of the playground
for very young children...”
Webster: “You’re talking
about the idea. Why not take the bridge out?”
Maurer: “Can I answer the question?”
Webster: “No, I just think you’re
nitpicking.”
Maurer (growing louder): “Can I answer that question or not?”
Webster: “We all think
you can take that blueprint and put it on another site.”
Maurer: “You think so because
you don’t know the blueprint. This project was designed for children
ages 1-5. We wanted a design based in imaginative play, instead of just
choosing a set of equipment that would be exercise work. We chose a nautical
theme that the child could build imaginative play around.”
Godel: “Would you like to help
us with the cost of having another blueprint drawn up by the architect?
Also, what’s to stop the Town Council from stopping us as we reach
the final planning stages? Would a councilor be willing to meet with us
during the process to give input? The Town Council has to endorse what
we do, agree with appropriations. Do you endorse Jon St. Pierre’s
suggestion that the town crew do some work for us, saving us a significant
amount of site preparation work? We want to know that as Vaughan trustees
you’re going to be open to our proposal when we ask for monies from
that fund to support the project.”
Webster: “It’s not going
to happen until you say you’ve given up on this site and chosen a
new one.”
Maurer: How can we go forward in identifying
a new site?”
Webster: “We can’t. We can’t
go forward with fundraising or talking to the architect until we find
another place.”
Maurer: “We’d love to have
input from the Council once a site is decided upon. Could we get someone
appointed?”
Webster asked for volunteers, but Gagne,
MacPherson and Chase declined. Ford did not answer Webster directly, saying
instead “Let’s get a site as soon as we can and get going.”
Webster suggested that Brown continue to be the Council’s point man
with the CLC, in view of the degree of involvement he has had to date.
Brown (addressing the Council): “There’s
a legitimate concern on their part that all of a sudden we get to the
end and they don’t think I ever talked to you about this stuff for
the last two and a half years. I don’t think that’s what I did.”
Webster: “There has to be a little
bit of trust on both sides. Once we identify another site that addresses
the safety concern, we can come back and address the rest. Is that acceptable?”
Chase: “As long as they understand
there was no vote taken.”
Other
Business
The Council passed a resolution to
sign an agreement with the Cocheco Humane Society to service animals brought
to them by residents of South Berwick.
Note: This meeting was tape-recorded, as this writer could
not be present. The quality of the tape was such that portions of the
proceeding were nearly inaudible. Only those quotes that could be positively
attributed were used.
ˆBack
to top
Notes on the June 27, 2002
Town Council Meeting
By Lisa Bauhan
All Council
Members present. Audience members totaled five, three of whom were reporters.
Quote of the Week: "I don't
want to be the quote of the week!" --Town Manager Dick Brown
Tonight's Town Council Meeting began
with a special town meeting, with Tom Harmon elected to position of moderator.
Two warrants were passed unanimously and without discussion: the first
warrant transferred $19,000 from general funds to the fire department
for unexpected cost overruns (incurred before the fiscal year 2002). The
second warrant allocated $31,000 from general funds to the transfer station.
Paving
Academy Street
Town Manager Dick Brown reported that
new water lines have been installed on Academy St. The road has been paved,
curbing has been installed on one side of the road, and sidewalks have
been roughed in. The park on Liberty St. is nearly finished, with the
parking lot complete. Both the walkways and curbing have been roughed
in, and the sidewalk will be installed soon. The sidewalk will follow
Liberty St. from the park to the top of the street (Route 4).
Paving
Bennett Lot Road
Road work on Bennett Lot Road is to
begin soon. The Highway Dept. plans to remove a good deal of dirt, install
culvert pipes, and widen the roadway to 18 feet of roadbed, plus another
2 feet on each side for shoulders. Brown asked the Council members if
they agreed with his understanding that the road would eventually be paved
in 3-5 years. The Council confirmed Brown's interpretation. Cy Chase spoke
up: "We agreed to hot-top that road."
Brown was reminded by this reporter
of an earlier consensus reached with the residents of Bennett Lot Road
(Council Meeting 5/28/02), in which it was agreed that the gravel road
would be laid down and maintained, with the proviso that if it didn't
work, the road would then be paved.
Brown: "When you get that gravel
road...and it's the same surface quality that the rest of the paved roads
in town are - right now they got a 10-foot wide (road), two ruts they're
riding in, so you don't have the 50 mph traffic going down through there
- but if it's a gravel road or a paved road you're gonna get the higher-speed
traffic there, and if it's a gravel road, they're gonna get all kinds
of dust that they don't even know about, and I suspect we're gonna be
losing the road at a faster clip because of it, and we're gonna be putting
down more gravel every year."
Chase: "That's why we decided
to hot top it."
Brown: "I don't think it makes
any sense to fight about it at this point because it's a couple of three,
four years out. There'll be plenty of time to fight about it then."
Someone reminded Brown that he would
be gone (as Town Manager).
Brown: "I'll be gone, and I probably
won't be the only one here gone. Anyway, I don't want to be the quote
of the week!"
Paving
Main St. to Fogarty's
Bids are being taken on the scheduled
roadwork from Main St. (the now-abandoned Getty station) down to Fogarty's.
Brown suggested that Council begin thinking of a new name for the road.
A spirited discussion ensued, during which the Council recalled the original
name for the road (Hog's Point), a name few residents of the road would
now understand. Brown suggested the name Salmon Falls Road.
Cost
Overruns
Total appropriations of $16,700 were
adopted for cost overruns experienced by individual departments. In addition,
$20,000 in excess revenue from recycling sales and Transfer Station disposal
fees were transferred to a special revenue account . After the meeting
Brown explained that transfer station revenues are placed in a revolving
fund, a portion of which goes back to general town funds, and a portion
of which goes into a reserve account. The reserve account is used to buy
devices that are connected with recycling (e.g., recycling bins, programs
that support recycling, etc.). Revenues and expenditures are not netted,
and do not become available until the following year.
Kenney
Appointed to Zoning Board
Dave Kenney, of 27 Highland Avenue,
was recognized, and subsequently appointed unanimously to the Zoning Board
of Appeals. He offered his background as a shopping center developer,
and stated that he has been on both sides of the zoning process. "I
have two perspectives about zoning," he said, "number one is
'Not in My Backyard,' and two, 'you can't stop progress.' Everything's
a balance."
Chairman Webster read a list of
board and committee member names whose terms are to expire on June 30,
2002. If reappointed, terms would end June 30, 2005. (Names in italics
do not wish to be reappointed.)
Board of Assessment Review
Richard Dionne
Recreation Committee
Cathy Locke
George Olson
David Brown
Victor Ingram
Building Committee
Mark Gagnon
Michael Lassel
Solid Waste Advisory Committee
Marcia Flinkstrom
Conservation Committee
Jean Demetracopoulos
Jane Dudley
Francis Dudley
Zoning Board of Appeals
Jack Kareckas
Alan Schalk
Historic District Commission
Kristine Roberge
Patrick Bauhan
Library Advisory Board
Cynthia Gagnon
Martha Dumont
Planning Board
Jack Shipley
At 6:25 pm, the Council went into
Executive Session to discuss the ongoing police contract negotiations.
ˆBack
to top
Town Council Passes Zoning Change
A Report on the August 12, 2002 Meeting
by Lisa Bauhan
South Berwick
residents packed the Town Council chambers Monday evening, August 12,
for a public hearing on proposed zoning changes to lower Main Street and
Portland Street. In a somewhat confused presentation Town Manager Dick
Brown and Town Council Chairman David Webster explained that the Council
was leaning toward changing the zoning along substantial stretches of
the two streets from the current business zones to a residential zone.
The reason for the proposed change, explained Brown, was to prevent unwanted
commercial development in the village area, and to make the zoning reflect
the current use of those streets.
Color coded maps showing the proposed
changes were passed out to the audience. But Chairman Webster explained
that after the maps were drawn, and after residents in the area were notified
of the pending changes, the Council had decided to expand the area to
be rezoned. Therefore, he cautioned, the maps did not reflect all the
changes being considered by the Council.
Having set the stage the Council went
on to conduct an orderly public hearing followed by a chaotic Town Council
meeting in which members of the Council appeared confused about the zoning
changes they were voting on and uninformed about the Town Code that governs
their proceedings.
The
Hearing
At the start of the hearing Dick
Brown stated that the most recent comprehensive plan, written in 1992,
recommended that lower Main Street and Portland Street be rezoned from
B1, B2 and B3 (business zones) to R1 (residential). Brown said the Planning
Board was consulted about the proposed change, but they, "had no
strong feelings about any of it, except that they wanted B3 changed to
B2."
Chairman David Webster opened the
floor to public comments. Owen Stevens of 99 Portland St. was hopeful
that a change to R1 would force his neighbor across the street to move
his antiques business off his lawn and into his barn. Brown reminded Stevens
that, "whether or not that's an appropriate display of things is
another issue." Being rezoned would not affect the neighbor's right
to operate his antiques business from his home, as the new zone allows
in-home businesses.
Richard Smith of 105 Portland St.
said making the change to R1 would force the town to focus on traffic
issues along Portland Street such as restrictions on heavy and oversize
loads, traffic congestion and pedestrian safety. Mr. Smith also said that
some residents of Portland Street are starting to take traffic control
into their own hands. Mr. Smith was directed by the Council to the ongoing
Traffic Study Committee.
David Roberts of 170 Portland St.
asked if residents could still have livestock under the R1 rating. Brown
assured him that it would require a permit.
"Not according to the land use
table," Roberts replied. He noted, "the Code Enforcement Officer
has the right to say yes or no."
"He'll say no," said Webster.
Wendy Pirsig wanted to know if the
Historic District Commission had been consulted about the proposed zoning
change. "Does the incorporation in any of the proposed zones protect
any of the historic buildings from demolition?" she asked.
"Once you incorporate ordinances
that restrict what you can or cannot do with your building it gets more
complicated," said Brown. "Zoning doesn't put restrictions on
anyone's real estate; it protects the whole zone and (in this case) says
it's intended to be residential."
"But the proposal is quite modest
and affords little protection for historic buildings per se," Pirsig
said. She was reminded by Councilor Gerald MacPherson that any proposed
demolition requires a waiting period from permit phase to demolition,
during which time both the Historic District Commission and the Zoning
Board of Appeals review the proposal.
In response to other questions Town
Manager Brown said the recent sale of a house at the corner of Colcord
St. and Portland St. to York Hospital does not have to comply with the
zoning restrictions to be adopted, as the sale was completed before this
vote. He also said that multi-unit condos are not allowed in the R1 district,
and property owners will not see a change in taxes due to the rezoning.
George Gaudette of 102 Main St., and
owner of an insulation business, complained about the limits R1 zoning
would place on a current business' ability to expand. "I'm B1 across
the street and B3 on the house side (where I live). I'd like to see that
area remain as is. Several houses have businesses in them- we'd like to
see it stay that way."
"It can stay that way,"
Councilor MacPherson assured Gaudette, "we just don't want to see
it expand beyond the limits it's at now." Gaudette maintained that
he has been trying to comply with the Council's wishes to get rid of insulation
material. "In fact, I did give away upwards of 110,000 board feet
of insulation in the last 10-12 weeks and hauled out maybe half as much.
I hope to get the remaining material within the tree line, out of sight.
Now, if we go to R1, if I don't use those portions of the land, I would
in twelve months lose the right to use those portions. I don't want to
lose some rights, and I would then feel I'd be forced to spread that insulation
around the land to retain my rights."
Rick Irons of 117 Portland St. was
next. "I don't think that a business in a residential area is necessarily
a bad thing. I don't have a problem with the Ham Agency or Century 21
or Dr. Zois. I'd like to see our area stay B3, but I don't want to see
any retail (stores)."
The Council was asked to define the
difference between B3 and R1, and what the benefits would be in making
the change. Brown told the audience that "residential is clearly
residential: anything beyond residential is out. Anything beyond a home
occupation is going to need some kind of (site plan review)." Webster
added that this included businesses proposed for existing buildings as
well as new construction.
One woman was assured that converting
her barn into an office would be permitted, as long as she doesn't change
the structure.
Brad Austin asked for a definition
of a convenience store, "as that's one major difference between B3
and R1." Austin continued, "a neighborhood convenience store
- 7-11 - is that allowed (in R1)?"
MacPherson: "That would be obtrusive to the residential area."
Austin: "But according to the Land Use Table it would be allowed."
Members of the Council, simultaneously: "No."
Austin: "The Land Use Table says
that neighborhood convenience stores are not permitted under B3. Under
R1 they would be allowed with a major site plan review. What's to say
five years down the road somebody might give it a favorable review?"
MacPherson: "Everything is subject to review."
Austin: "How can you say that
it's protecting residential if somebody could build a 7-11 across from
my 100 year-old house? It would be better protected by B3, there's an
awful lot of retail that would not be allowed under B3."
Another audience member wondered if
it would be possible to amend the land use table in the zoning ordinance
so that in the R1 zone neighborhood convenience stores would be prohibited
rather than subject to a major site plan review. Brown reminded her that
the Planning Board would have to make that change. He said that a letter
to the Planning Board would be in order.
Audience member John Rudolph spoke
up: "My understanding is that any change in the zoning ordinance
has to be approved by the Council, not by the Planning Board. They (the
Planning Board) must recommend it, but the Council is the one that (must
approve)....and is it required that it come from the Planning Board or
can the Council do it by itself?"
Webster stated that there was no sense
in having a Planning Board "if the Council's just gonna do what it
wants to do."
Brown reminded the audience that the Council asked the Planning Board
for a recommendation on the proposed zoning change, and the Board had
declined to reach a consensus.
Another audience member asked about
a rumor that an Irving gas station/convenience store would soon be built
across the street from Central School at the site now occupied by the
Sunoco station. Brown noted that that area is currently zoned for that
type of business, and was not a part of the zoning discussion tonight.
MacPherson agreed: "R1 is from
Dunkin Donuts down, so it doesn't affect them (the Sunoco station). They'd
be permitted to go in because of current use." In a later interview,
Brown stated that the Irving store is all but a certainty, and that he
was personally opposed to it.
The
Council Meets
Councilor MacPherson made a motion
to change all portions of Main and Portland Streets currently in the B3
zone to R1. The motion was seconded by Councilor Bob Gagne, "for
purposes of discussion." But there was virtually no discussion, and
the Council voted 4 to 1 in favor of the zoning change. Councilor John
Ford, in an unprecedented break from the ranks, cast the lone "no"
vote. He did not explain the reason for his vote.
After the vote MacPherson realized
that he had forgotten to include in his motion the portion of lower Main
St. currently in B1. (This is the stretch for Dunkin Donuts to Sewell
Road). When he tried to amend this error by making a new motion, no one
on the Council offered a second. The motion died and the Council went
on to other business until the matter resurfaced at the end of the meeting.
At the end of the meeting Councilor
Cy Chase indicated that he wanted to revisit MacPherson's failed second
motion. A lengthy but inconclusive discussion followed about how to do
this legally, with councilors becoming increasingly frustrated. At one
point Chase exclaimed, "there's a lot of confusion here; what the
hell's going on?"
Councilor MacPherson said, "Because of a failed motion, we haven't
accomplished a damn thing in the last three years to (prevent) the Rite-Aid
from coming in across the street from the Sunoco. As far as the concerns
of the people in there with businesses, it doesn't affect them at all.
They're grandfathered, it just prevents other business from coming in
and expanding. There isn't one business there that has the capability
of expanding their business in dimensions from what they presently are
now without a major site review."
John Hayes, who owns the Main St.
property on which Village Motors displays vehicles, reminded Council members
that on lower Main Street between Dunkin Donuts and Sewell Road there
are more businesses then residences. As he went on to argue that there
are ways to handle the Council's concerns about unwanted development other
than handicapping property owners, Chairman Webster cut him off. "John,
I'd like to listen to you, but we've already had the public hearing."
Hayes then thanked Webster and stormed out of the Council Chambers.
Eventually Town Clerk Barbara Bennett
was dispatched to get a copy of the Town Code. Bennett, Chairman Webster
and other members of the Council then huddled over the code book, speaking
in hushed tones. Finally the Council appeared to reach a consensus that
the only way to revisit the issue was through a motion to reconsider.
That motion would have to be passed unanimously, and could only be introduced
at the current meeting or the following meeting. There seemed some willingness
on the part of the Council to take up such a motion. But Chairman Webster
put a stop to the discussion saying he wanted to, "get it right,"
so further action would have to await the next Council meeting on September
9.
Wording for a Casino Referendum and Other
Business
The Council voted to accept $20,000
from an "out-of-town" donor, dedicated to the construction of
a new soccer field at the Agamenticus complex.
The Council voted to accept the volunteer
services of the Rotary club to fix up and maintain the pond/park area
on the corner of Norton and Railroad Streets.
Marva Ross of 337 Main St. announced
that she is petitioning the Town to hire a bus service to provide senior
citizens and other people who have difficulty getting around with regular
transportation from South Berwick to Dover and Portsmouth. Councilor Bob
Gagne reminded Mrs. Ross that the town had this service 50 years ago,
but had discontinued it because of lack of interest.
Wendy Pirsig presented a booklet from
The Old Berwick Historical Society. The booklet is titled "South
Berwick Village and the Fire of 1870."
Town Manager Brown announced that
the following morning the town would be passing papers on the acquisition
of a house and property on Emery's Bridge Road which the town bought for
$140,000. The house will be razed, and the parcel of land will be used
for conservation and recreational purposes (it is on a Chick's Brook).
Brown also noted that the town has
started a program to allow vehicle owners to renew their registrations
by mail. In the past, he said, people who failed to reregister their cars
on time received a reminder notice from the town. This trial program of
6 months to a year allows vehicle owners to do everything from the comfort
of their homes.
Bonnie Gould was appointed by the
Council to fill a vacant seat on the Zoning Board of Appeals. Her term
will expire in 2004.
The Council voted to approve $74,000 in grant money offered by the State
of Maine Urban/Rural Initiative Program for road assistance. This money
will be paid in quarterly installments (beginning 7/1/02).
The Council voted to adopt language
for the upcoming casino referendum in November. The two-part ballot, based
on a similar referendum in Berwick, will read:
1. Would you support the building of a
casino in
South
Berwick? (yes) (no)
2. Would you support the building
of a casino
elsewhere
in the state? (yes) (no)
Councilor Gagne reminded the Council that this will be a non-binding
referendum, and that the issue will ultimately be decided by the new state
legislators elected in November. However, he added, the voters could send
a clear message to Augusta regarding their feelings. Chase asked, "What
if you get a high percentage of people (who) want a casino, then where
do we go?" Gagne replied, "You'd still go to the legislators
and say 'This is the feeling of South Berwick.'"
ˆBack
to top
September 10, 2002
MacPherson Resigns
from South Berwick Town Council
Councilor
Gerald W. MacPherson, Sr. is resigning from the Town Council. His decision
to step down was made public at the September 9th Council meeting. In
a brief letter to Chairman David Webster, MacPherson said he is leaving
the Council after 16 years so that he can spend more time with his family.
His resignation is to
become effective on November 5, 2002, which is election day.
MacPherson, who served as Council
Chairman until last year, said he is resigning now, so the town will not
have to hold a special election to fill his seat. On November 5th voters
will be asked to choose someone to complete the two remaining years of
MacPherson's three-year term.
MacPherson was reelected to the Council
last year. His resignation means that three Council seats are being contested
in this year's election. It is highly unusual for voters to be faced with
choosing a majority of the members of the five-member council.
Council Chairman Webster said he accepted
MacPherson's resignation "begrudgingly." Webster also commended
MacPherson "for his commitment to the town and the Council."
ˆBack
to top
Report on
the Town Council Meeting
of September 9, 2002
by John Rudolph
Quote
of the week: "If you think the time is right, the time is right."
--Chairman David Webster on Councilor Gerry MacPherson's
decision to resign from the Town Council.
All members
of the Council present along with Town Manager Dick Brown, and Town Clerk
Barbara Bennett. Approximately 23 members of the public in attendance
including this reporter.
No
Liquor License for Autumn's Cafe
After dealing with some preliminary
business the first major event of the evening was a public hearing on
a liquor license application by Autumn's Cafe. The cafe's owner Eric Wolov
explained that he was "proposing to offer some refreshments with
dinner," and to "enhance" his business. He said alcohol
would be served on Thursday, Friday and Saturday nights, and Saturday
and Sunday mornings. Later in the hearing, as criticism from the public
mounted, he withdrew his proposal to serve alcohol on Sunday mornings.
Several citizens spoke against the
application. Many noted that the cafe is near schools and churches, and
is located at a busy intersection. Later in the evening the Council, citing
the cafe's proximity to schools, voted unanimously to deny the liquor
license application.
Ogunquit
Road Variance
The Council then heard from Curtis
Clark Jr. and Michael McShane of Clark and McShane, LLC about a property
on Ogunquit Road that they want to purchase and build a house on. According
to Mr. McShane the property owned by Steve McKenzie of McKenzie Ventures
Inc. was illegally subdivided in 1973, and again in 1983. McShane asked
the Council for a "letter of no action" which would allow his
company to go ahead with its plans, knowing that the town will not penalize
Clark and McShane for building on an illegally subdivided lot.
Town Manager Brown spoke against the
proposal saying, "my concern is the whole issue of granting variances
without requiring people to be held accountable for them." He also
noted that under Maine law the illegal subdivision would "cure itself"
next year, and so Clark and McShane could simply wait until next year
to begin their project without the Council having to take action.
But Councilor Gagne said since the
situation would cure itself in a year he wasn't worried, and that "we're
not deviating that far from the rules." Councilor MacPherson responded,
"We're deviating from the rules, that's the first problem."
The Council voted 4 to 1 in favor
of sending the letter of no action, with Councilor MacPherson casting
the lone "no" vote.
Insulation
and Zoning
Several citizen spoke during the
Public Audience period about a proposed zoning change downtown, and about
the insulation business at the corner of Sewall Road and Main Street.
The insulation business is located in the area that was proposed for re-zoning.
Following-up on zoning changes councilors
approved at the August 12th meeting, the Council was scheduled to vote
on changing the zoning on Main Street from Dunkin Donuts to Sewall Road.
The proposal, which later passed on a 4 to 1 vote, was to change the area
from B1 (business) to R1 (residential). Councilor Ford cast the lone dissenting
vote.
Responding to a question from the
public about the town's efforts to clean up the insulation business, Town
Manager Brown stated: "We have a problem, and our problem is that
we don't have a lot to hang our hat on. If we did I'm sure that the Council
would do it tomorrow. So we keep pecking away. If anybody's got some good
ideas, we are happy to pursue them."
Lisa Bauhan then stated that the insulation
business did not begin operating until after the area was zoned. (It has
been the contention of the town, and of George Gaudette, the owner of
the insulation business, that the business pre-dates zoning, and is therefore
"grandfathered" under pre-zoning conditions.)
Town Manager Brown responded that
he had always been told that Mr. Gaudette's business pre-dated zoning.
He went on to say that even if Bauhan's assertion was correct, there was
still a question of whether zoning regulations at the time permitted the
type of business operated by Gaudette.
Mr. Gaudette then addressed the Council
saying that the proposed zoning change put him "in a bind."
He said he wants to continue to "improve the site." But, he
said, if the area is changed to R1 (residential), after 12 months he would
loose the right to conduct business on any part of his land that is not
currently used for business.
Mr. Gaudette added, "I'd like
to be out of the business. I'd like to work my way out of it. But for
the moment I find I'm in a quandary."
Addressing Lisa Bauhan's point, Mr.
Gaudette said he was sure that he started his business before zoning was
enacted.
Other members of the public expressed
concern over the potential fire hazard posed by the piles of stored insulation,
and by the safety hazard created by trucks delivering insulation. Marc
Chabot called the insulation piles "a black mark on the town."
In response to a question from John
Hayes about the chances for future business development downtown, Town
Manager Brown defended the proposed change saying that the Council could
re-establish business zones later on. But, he said, the purpose of the
change was "to put the brakes on everything until the town gets through
the new comprehensive plan."
Hayes responded: "If all you're
going to do is promote residential growth in this town, you're going to
have a tax base that is just out of the world. I've lived here all my
life, I don't want to see historical buildings demolished. But I also
realize you have to have a balance in growth of business and residents.
If you're going to shut all of downtown down, and make it all residents,
where are (businesses) gonna go?"
Later, just before the Council voted
in favor of the zoning change, Chairman Webster stated: "I don't
think the town or the Council is anti-business. I think the last comprehensive
plan identified a business area out on (Rt.) 236. I still believe that's
where business should go, I don't know that it should be in a residential
area."
Union
Street Speed Bump?
Chairman Webster said he was contacted
by Rod Lavigne on Union Street about "how fast the traffic goes by
their house." Webster reported that Mr. Lavigne told him that he
wouldn't mind having a speed bump placed in front of his house. Webster
said he advised Lavigne to organize a neighborhood petition to present
to the Council.
MacPherson
Resigns
Chairman Webster read a letter from
Councilor MacPherson announcing his resignation. The letter read:
Dear David and fellow councilors,
I hereby resign my position as a member
of the S. Berwick Town Council effective Nov. 5, 2002. This has been a
very difficult decision for me, but I need to spend more time with family
and work requirements. The sixteen years have been extremely rewarding
to me, and I am glad to have been able to give something back to my community.
I feel the time is right, and will not cause the need for a special election.
Thank you all.
Sincerely,
Jerry
MacPherson
Webster told
MacPherson he accepted his resignation "begrudgingly." But,
he added, "if you think the time is right, the time is right."
Comprehensive
Plan
The Council appointed a committee
to oversee the update of the town's comprehensive plan.
Webster said there had been a discussion
about appointing two Council members, two Planning Board members, one
member of the Zoning Board of Appeals and two or three members of the
public. Brown added that one or two people who were involved in writing
the last comprehensive plan should be named to the committee.
Webster said the committee would have 7 or 8 members. More than 10 people
had indicated their interest in serving, and so Webster said that even
if somebody was not named to the committee, everybody would have a chance
to participate in the comprehensive plan update "on some level."
Those appointed by unanimous vote
were Chairman Webster, Councilor Gagne, Brad Christo, Tom Harmon, Planning
Board members Jack Shipley and Dennis Smith and Zoning Board of Appeals
Chairman Jack Kareckas.
On a 2 to 3 vote the Council voted
not to appoint Paul Schumacher of Southern Maine Regional Planning Commission,
with Webster, Gagne and MacPherson voting against the appointment.
ˆBack
to top
Report on the Town Council Meeting
of October 7, 2002
by Scott Landis
Quote
of the week:
"My plans are to retire
in the spring. And, if I'm elected, I'll be going to the legislature.
The Council hasn't worked out all the details yet . . . " --Town
Manager Dick Brown.
"Maybe we have . .
. " --Chairman David Webster.
Brown was responding to a question
about his candidacy for state legislature, his plans for retirement, and
the process for selecting his replacement.
The Town Council meeting convened
at about 5:55 p.m., following the Board of Assessor's meeting. All councilors
were present, along with Town Manager Dick Brown and Town Clerk Barbara
Bennett. Approximately 30 members of the public were also in attendance.
Speed
Bumps and Traffic Calming at Old Mill
Following the approval of the minutes
from five previous meetings, the most substantive discussion of this session
began with a letter
read by Laura Becker, representing the Old Mill Safety Committee.
Citing a wide range of citizen complaints,
from vandalism and speeding to reckless driving, Becker asked the Council
to "step up and help the citizens of Old Mill," by addressing
the following issues:
1. Old Mill
covenants were ignored by the Town when Alder
Drive
was made into a permanent road.
2. For ten
years, Old Mill residents have asked the Town for help. Shortly
after speed bumps were finally installed on Beaver Dam
Road (in the spring of 2000), the Town removed them "due to a
few
complaints."
3. Where sidewalks
do not exist, residents have to walk in the road under
"hazardous conditions."
4. Stop signs
"are treated more like yield signs."
5. Old Mill
becomes a "raceway" around 2 p.m. every weekday
after
school, due to kids racing their cars through the neighborhood.
6. There are
not enough police to enforce the speed limit.
Becker asserted that Old Mill citizens
would not object to the traffic "if drivers would obey the speed
limit and stop signs." She acknowledged the legitimacy of previous
complaints about speed bumps, which were lodged by some Old Mill residents,
but she suggested that a different location and/or construction of these
traffic-calming measures might better address public concerns.
On behalf of the Old Mill Safety Committee,
Becker requested that the Town reinstall speed bumps in the neighborhood,
but suggested they be lower and wider than the ones that were originally
installed. The Safety Committee also offered to work with the Town on
these and other traffic safety issues.
Becker's comments were followed by
those of Mike Williams, head of the Old Mill Safety Committee. In a supplementary
letter that
Williams presented to Council, he observed that the Town's previous attempts
at traffic control in the development were "well-intentioned but
poorly executed." Acknowledging an increase in police patrols in
the area, Williams stated that his committee was not asking police to
place a higher priority on Old Mill's roads than on other town roads.
But according to Williams, the absence of "permanent traffic calming
measures" is endangering local citizens. In support of their requests,
Becker and Williams presented petitions signed by Old Mill residents and
abutters. Williams also submitted plans for speed bumps and reiterated
that residents are open to "any reasonable proposal" that results
in compliance with the speed limit and promotes safe streets. To that
end, he requested a standing item be added to the Council's agenda, "Traffic
Calming Measures in Old Mill Community," and he suggested it remain
open until the issue is resolved.
Town Manager Brown defended the Town's
decisions first to install speed bumps in Old Mill in the summer of 2000
and then to remove them. "To be fair," Brown said, "this
[was] the first time that the Town had ever put speed bumps anywhere.
We built 'em the best we could. We did what we said we would do-and everybody
was in agreement. We changed the height, the width, the approach. We were
down there tweaking those things all the time. Yes, we got lots of calls,
but we stayed with it… We put up signs. We did all the things that
we thought would make them work. And they did work pretty well, except
for the idiots who insisted on peeling out, blowing their horns, and the
kids who were out there on their skateboards playing on them."
Brown went on to explain that shortly
after the speed bumps were installed, the Town received another petition
requesting that the speed bumps be removed. According to Brown, the signatories
(representing more than half of Old Mill's residents) said, "We hate
'em. They don't work." Adhering to its initial commitment, the Town
declined to remove them until the end of the season. "I agree, we
didn't fix the problem," Brown said. "We have a real traffic
problem, as we do in a lot of places in town. But the Town tried its darndest
to make that thing work." Referring to the speed bumps that the Town
recently installed on Highland Avenue, Brown noted they "are frankly
better than anything we made [in Old Mill]. They really do the job. There
are a lot of people who don't like them. But they work like a charm."
Chairman Webster offered to convene
a meeting between the Old Mill Safety Committee, Police Chief Dana Lajoie,
and Director of Public Works Jon St. Pierre. "If there are some people
that don't want speed bumps," Webster said, "they're welcome
to come, too, and voice their concerns. We realize there's a traffic problem
down there. We tried something that didn't work. We may have to try a
few more times before we get something that's perfect for your situation."
Mike Williams interjected, "This
isn't strictly about speed bumps. It's about traffic in the neighborhood.
[Speed bumps] may be an application for a certain area, but there may
be other things we need to do, too. And we're more than willing to work
with the Town on solutions."
Approximately eight other Old Mill
residents spoke at the meeting, many voicing specific complaints or suggestions
related to the traffic problem. Most comments reinforced points raised
by Becker and Williams, although several residents indicated their opposition
to the construction of speed bumps, and there were numerous complaints
about heavy traffic on Alder Drive, which is commonly used as a bypass
to the traffic bottleneck downtown.
Arthur McGreevy, of Beaver Dam Road,
claimed, "speed bumps have destroyed the quality of my life."
Janice Galvin, also of Beaver Dam Road, noted that when the police set
up speed traps in the neighborhood they discovered that most offenders
were Old Mill residents. Laura Becker pointed out, "When Maggie [the
automatic speed sign] is out there, the kids keep coming back until they
hit 65. Once they've reached their goal, they're out of the neighborhood."
Rob Baker, of Beaver Dam Road, quoted
from the protective covenant governing Old Mill: "The only access
by the subdivision will be from Route 236." He then explained that
the document could not be legally altered or amended without the written
and recorded consent of 90 percent of the lot owners. Baker suggested
that the Town "address whether [the route through Alder Drive] was
legally opened and whether it should be closed off. I think that would
solve all of our problems."
Later in the meeting, Councilor Gerry
MacPherson related a personal story about a time-saving detour he took
through Old Mill. Entering the development with four cars in front of
him and four cars behind and exiting alone, MacPherson concluded, "Most
of the traffic [comes from] Old Mill and Agamenticus Estates."
MacPherson's comment drew fire from
a number of Old Mill residents, whose concerns were summarized by Jim
Protzmann: "The real point is that you're using this as a bypass,
like a lot of citizens in this town: the Old Mill Subdivision Bypass.
Like the 18-wheelers do in the middle of the night, all summer long."
Protzmann added, "Old Mill owns approximately a thousand feet on
Alder Drive-why not put your speed bumps there? Then nobody's affected
in the community in front of their house, and you'll still slow people
down."
Chairman Webster said, "That's
a great idea. I'm sure there's lots of good ideas like that, which should
come up at the meeting."
John Rudolph, chairman of the Council's
Traffic Study Committee, noted that his committee is charged with looking
at "town-wide" traffic issues, and he reiterated his invitation
for concerned citizens to attend its next meeting on Wednesday, October
9 at 7 p.m. in Council chambers.
The last word on this issue was left
to Councilor Bob Gagne, who advised all parties to "keep a cool head"
and employ commonsense in their discussions. "It's good to know that
everybody's talking. Just make sure you're working together."
"Citizen"
Gets New Life
"I'm not here to talk about speed
bumps," John Rudolph explained. In December 2001, he and several
other local residents launched this website, South Berwick Citizen, which
posts reports on Town Council and Planning Board meetings, along with
letters and public commentary. Rudolph reported that there are now ten
people involved with the website and that, due to his candidacy for Town
Council (Rudolph is running for Councilor MacPherson's seat, which will
be vacated on November 5), he will no longer be directly involved with
editorial content, although he will continue to play a role in site management.
Several new people--including this
reporter--will be working for the Citizen in a variety of reportorial
and editorial roles. Rudolph requested cooperation with these volunteers
and urged all Council members, Town employees, and the public to submit
comments to the website on issues important to South Berwick.
E-mail address: sbcitizen.sbcitizen@verizon.net
Transition
at Town Hall
Lisa Bauhan inquired about the process
for filling Town Manager Brown's job in the event of his election to the
State House of Representatives in November. She also asked whether any
candidates are under consideration and whether the public should be aware
of anything else related to Dick Brown's possible departure or replacement.
"My plans are to retire in the
spring," Brown replied. "And, if I'm elected, I'll be going
to the legislature. The Council hasn't worked out all the details yet…"
Chairman Webster interjected, "Maybe
we have…" He then continued, "When we get Dick's letter
of resignation, we're going to talk to the MMA [Maine Municipal Association].
They have a process you go through to hire a town manager. They have applicants
from all over the state, all over the country. We'll put together the
criteria of what we're looking for, [and] we'll let the MMA know. They'll
channel candidates to us and we'll interview them."
There was some discussion among the
councilors about a "number of different procedures" for reviewing
candidates and how the selection committee(s) would be constituted, but
no clear process was illuminated.
"Would there be a vacuum?"
Bauhan asked.
"Hopefully not," Webster
replied. "But if there is, we'll have to look at getting an interim
town manager for a few months. Usually it's someone retired from the business
community." Councilor MacPherson noted, "We've been through
this process many times." And Councilor Cy Chase concluded, "In
other words, we're not going to do anything till November 5."
ˆBack
to top
Posted October 29, 2002
The Candidates' Forum
Reported by Rachel Schumacher and Mimi Demers
The
Candidates' Forum was held at the South Berwick Town Hall on Tuesday,
October 22, 2002 at 7 p.m. Marshwood Adult Education organized the event.
Mr. Ernie Wood moderated.
The meeting began with a statement by Sue
Pullar, who is running unopposed for SAD 35 School Board council.
In her statements to the public, Sue Pullar
commented on some of the challenges SAD 35 faces as state funding is reduced
and the district is required to rely more on local dollars for education.
One of the greatest of these challenges, Pullar said, is attracting and
retaining excellent teachers, especially as we face a national teacher
shortage. She encouraged public participation, reminding the audience
that the school board meets the first and third Wednesday of every month,
and that the budget process begins in January. She said her daughter,
who graduated from Marshwood High School in 1999, was well prepared for
college and that she wants that for others, "...whether they go on
to college, vocational training, military service, or to join the work
force."
Currently, there are three seats
open on the Council. Two of these seats are for three-year terms. Councilors
Bob Gagne and Roland "Cy" Chase, whose three-year terms expire
this November, are running for reelection. Newcomer candidate Sue Roberge
is also running for a three-year term. John Rudolph, who ran in last year's
election for Town Council, and lost by a slight margin, is running unopposed
for the two-year term left by outgoing Councilor Gerald McPherson. Mr.
McPherson recently decided to step down from the Council after serving
only one year of his three-year term.
The candidates that participated in
the forum were: Bob Gagne, Sue Roberge, and John Rudolph. Roland "Cy"
Chase declined to participate in the forum and was not present due to
"personal reasons."
In his opening statement, Town Councilor
Robert Gagne, who is running for re-election, talked about living in South
Berwick all his life and raising two children in town. He mentioned that
he has grandchildren that live in town and attend the Marshwood schools.
He touched lightly on traffic problems, stating that it's an important
issue. Mr. Gagne also said that he'd like to keep taxes down, saying that
"all of us need to work on that." He had much praise for the
current Council and Town Manager, Dick Brown, for their work with DOT
and with the improvements on roads, bridges, and sidewalks in town.
Suzanne Roberge introduced herself as a
life long resident of South Berwick who attended the SAD 35 schools. After
graduating from high school, she spent 22 years working in a family-owned
business. She then owned a catering business. Since that time, she's worked
in bookkeeping and property management. Ms. Roberge stated that she has
been in the business community for a long time and that's where her main
agenda would most likely be. She went on to say that the South Berwick
has changed drastically in a very short time since she has lived here,
but she likes where it's headed and would like to see more economic growth
if at all possible.
In his introduction, John Rudolph
spoke about his narrow defeat in last years Town Council election, saying
that he saw it as a victory, since almost 50% of the voters supported
his views on some important issues: "...a balanced and thoughtful
approach to growth...a serious look at the traffic problems...a fair tax
policy, and greater openness in town government." He described his
involvement in town government since last years election: his attendance
at Council meetings, his position as Chairman of the Traffic Study Committee,
and his work on a new web site (our own southberwickcitizen.org), which
he feels has allowed more people to participate more fully in our governmental
process.
Question
#1
With the recent trend
toward shrinking state aid for education due to the rising state valuations
in town and the impending revaluation process of our local property values,
how can South Berwick position itself to attract future tax-based sources
other than the average homeowner?
Mr. Gagne answered by saying that
"we're looking for workable, feasible businesses dealing with the
people that run the asphalt plant." In exchange for the town allowing
them to run their asphalt plant in South Berwick, we're hoping they will
build an industrial park for the town. This industrial park would draw
business in and bring money into the town. Gagne speculated that the industrial
park would be on the hill on Route 236, across from Marshwood High School.
Ms. Roberge pointed out that she is
the one candidate with the least amount of experience on a board. "For
me to tell you that I have a specific plan for economic development would
be very misleading." She said that she would be very receptive to
any addition to the town that will be agreeable to the community, but
not a polluting situation or one that would add to any traffic problem.
She also emphasized that she would be "receptive to anyone that would
be willing to come to the board. That would be my main objective."
Mr. Rudolph noted that we are in
a difficult position because of the State's school funding formula, since
"the more tax money that comes in locally, the more the state takes
away." But, he said, there are things we can do. He stated that he
feels the Council's recent vote to change the downtown zoning needs to
be revisited. He said that a "sledgehammer" was used in order
to keep big box stores out of downtown, and that a more carefully thought
out approach could keep large stores out but remain friendly to smaller,
clean, professional businesses.
Question
#2
What is your position
on the casino issue? Even if there is no casino in South Berwick, should
we be proactive in anticipation of infrastructure concerns if a casino
were located in York County?
Ms. Roberge does not want to see
a casino in South Berwick. But, as far as supporting it in the state of
Maine, she would like to see facts from both sides. She acknowledged that
it is a very emotional issue and that it would change the "flavor"
of the state, but reiterated that she would need to hear more in order
to make an informed decision. Ms. Roberge had no real answer to the second
part of the question and stated that she'd wait and get information to
make a well-informed decision.
Mr. Rudolph stated that he is against
a casino in South Berwick and anywhere else in York County. "I think
it would change the nature of this town in a way that most of us would
not be happy with." He would not necessarily oppose a casino elsewhere
in Maine.
In response to the second part of
the question, Mr. Rudolph thought we should wait to see the results of
a series of referendums here and in other towns, state legislative decisions,
and the election of our new governor, before planning for the changes
that would come with a casino.
Mr. Gagne stated that he's not in
favor of a casino in South Berwick, but he's not fully against a casino
in Maine. "If it's going to come to Maine--Kittery's going to kill
me for this--they've got a spot there. They've got a highway there…on
and off …exit and on ramp…If it's going to come to Maine, I'd
say keep it to the coast from Kittery to Portland." He continued
by saying that "as far as crime goes…we've got it everywhere
in the state of Maine … gambling - we've got it … porn shops,
we've got 'em." He reiterated "I don't think Kittery is a bad
spot for us … the only way it could be is if they build motels along
Route 236."
Mr. Gagne's Rebuttal to John Rudolph's
criticism of the Council's rezoning of business downtown:
"If we sledge hammered anything
it was big box stores…what we still allow in that district is home
occupation…"
Question
#3
What concerns do you have with
the current town budget and budget process? What would you specifically
add or subtract in future budgets here in South Berwick?
Mr. Rudolph said that he feels
the budget process needs to be reformed to allow more room for public
participation. He described his disappointment with the process this year,
when many citizens expressed their views at the public hearing, and the
Council went on to vote on the budget "...exactly as they had proposed
it. To me, that was a sign that they really weren't listening to what
people had said."
He said he would favor an increase
in the budget to hire more police officers to enforce traffic regulations.
Ms. Roberge said that for many years
she found herself going to Town Meeting in hopes of adding or taking away
a few things. At some point early on she learned to be "discouraged"
by that particular process. She stated that she would allow public participation
to make the community feel welcome. "Hopefully, at that point there
would be more input" and people could be a part of the budget process.
Mr. Gagne said that he didn't realize
they were probably keeping people out of the budget hearings. He stated
that they do advertise the budget meetings and the public are invited.
He described, at some length, the process of how the budget is decided,
starting with department heads, the Town Manager, then on to the Council.
Mr. Gagne agreed with Mr. Rudolph
stating that he'd also like to see room in the budget for more police
officers.
Question
#4
What measures, if any, do you think
the town should take to control residential growth yet provide for affordable
housing?
Mr. Gagne mentioned that some
towns have moratoriums on building, but South Berwick hasn't and he doesn't
think it's a good idea. He stated that on an average, 40 houses have been
built this year in town. "We'd like to see it stay there, but I'm
not sure that it will…you can't stop growth, but you can control
it." According to Mr. Gagne, 40 new homes a year is a good limit,
and if it stays below 50, then South Berwick is doing pretty well. As
far as affordable housing goes, he thinks we've got it on Norton Street.
Ms. Roberge feels that "the Council
needs to work closely with the school district and any service-oriented
group such as fire, police, rescue…and see how growth would impact
those services." She also stated that maybe when a housing development
does come along, "we may not be as up front with the school board
as to just what is going on…" She thinks that the impact from
these developments on our schools is an ongoing problem.
Mr. Rudolph stated that he would favor
a temporary cap on the number of building permits, to give ourselves "breathing
room" until the comprehensive plan is rewritten. "Then we can
make the appropriate changes to the zoning regulations." He went
on to say that we need to be actively looking at ways to encourage more
affordable housing.
Question
#5
Traffic problems in South Berwick
just won't go away. What should the Council's position be to address the
growing bottleneck of east/west and north/south corridor congestion? How
would you work with the state authorities?
Mr. Rudolph first addressed the
problem of truck traffic through downtown. He supports an idea suggested
by the Police Chief wherein a group of towns share the cost of hiring
their own commercial vehicle enforcement officer. This would not bring
any revenue to the town (it goes to the state), but discouraging the truck
traffic would improve "...people's peace of mind and their enjoyment
of the downtown area."
Mr. Rudolph also wants to continue discussion
about a bypass, something the Traffic Study Committee is exploring. And,
he said there's a market for public transportation in this area, as shown
by the success of Amtrak's Portland to Boston service.
Roberge said that for many years traffic
has been a big, big issue. As the town's grown, so has the traffic. Years
ago the average home in South Berwick had one car per family. Now that's
probably tripled. She acknowledged the excess of construction vehicles
and trucks in town. She also said that she'd be "willing to sit down
with the State if they were willing, but she doesn't think that they've
been very receptive to this particular issue, whether it is a traffic
light or a bypass…" She would be open to any type of solution
that would work for the people of South Berwick.
Mr. Gagne responded by saying "I've
lived here all my life and can remember in high school when we used to
have just weekends when we were basically drag racing in Sanford …
traffic was backed up beyond the Masonic Hall … that was in the 60's."
He stated that he's been on the Board of Selectmen for a number of years
and helped institute the Strawberry Festival. He also feels that South
Berwick, Maine, is one of the nicest communities to live in. "People
come here and see the warmth of our personnel and personalities and they
want to live here…" He also described our school district as
being one of the best. Mr. Gagne acknowledged that he would love to see
a bypass, but today, after years have gone by, the property owners now
own the railroad bed where the bypass would have gone.
Audience Questions
Reported by Scott Landis
Where does
the Town stand with regard to the State on the traffic issue?
Rudolph: Anything the
State does is going to take a long time. Just to do a survey of drivers
in South Berwick requires a huge bureaucratic approval process by the
State Department of Transportation. To actually build something is going
to take a long time to work through the State. So anything we can do locally
through the Council, using our own resources, will be a better place to
start than waiting for the State to act.
Gagne:
Earlier in the year Gerry MacPherson and I were invited to dinner with
John Baldacci and his staff. We brought up this question about the traffic
and the trucks, and he said, 'If elected, I will try to pull some trucks
onto the Turnpike.' Peter Cianchette basically said the same thing. Senator
Lamont feels the same way. Once we get the new governor, the Council should
write letters. If Baldacci is elected, we should ask him if he remembers
what he said. The Turnpike [Authority] is one of our biggest headaches-they
only have certain times they'll allow trailers and half-homes to go through.
Roberge:
With new leadership coming to Augusta, now is the best time to approach
them. The squeaky wheel gets the grease.
What
should be the Town Council's position with regard to the development of
a new town library and where its location should be?
Gagne: We have a hard-working
library committee and they've done an excellent job. There are two or
three prospective locations in town. I know the Free Baptist Church is
one of them. It is something the Council definitely supports and wherever
they decide to go, we want to support them.
We've got a very lively downtown
and the library really belongs here. Someone said to me the other day:
"Gee, I had to go downtown for something and I had to go to the doctor's
office. It was right there. Then I remembered I had to go to the post
office. By God, that was right there, too. Shucks, I needed something
in the hardware store. Well, maybe I'll go to George's and have a coffee."
The pharmacy is another thing that came up. Everything is right here.
And I think the library would be an asset somewhere near the square.'
Roberge:
I'm very willing to work with this committee to find the right spot and
to be sure that we're looking down the road at future growth and what
the town will need and what size and services the library can provide.
Rudolph:
I'm not sure what site the library should occupy. My only criteria would
be that it should be located downtown. We need to strengthen the downtown
as much as we can and the library would be a magnet. I'd like to work
closely with the library committee in selecting a site.
Should the Town take the Water and
Sewer Districts under its wing as one government entity?
Roberge:
(laughing) I'll have to look at that a little bit later on, if I am elected.
Rudolph:
Yes.
Gagne:
[No discernible response.]
Are
you in favor of a State-sponsored regional business/industry park?
Rudolph:
This is the first I've heard anything like this proposed, so I'd have
to see more. In principle, I'm in favor of more economic development.
I'm not in favor of dirty industries or expanding industries like the
new asphalt plant. I'm in favor of the kinds of high-tech, clean industries
that I think every community in America wants. I'd like to see professional
offices where people are sitting at desks and computers as opposed to
industries that cause air, noise or water pollution. And I'd like to see
them on a small scale, appropriate to our town-home businesses or slightly
larger than that, no big office complexes, no major industrial parks.
Roberge:
I would have to wait and see the facts.
Gagne:
I would like to see clean businesses, too. The spot that was recommended…is
between Lord's Lane extension and the old Punkintown Road, with another
road to access Rt. 236. They were thinking of putting eleven spots up
there for an industrial park. It's going to have to be presented to the
Planning Board, and we know they're going to use good judgment.
How
would you support the findings of the Town's Comprehensive Plan, which
is currently being updated? What's the process by which the Council supports
the Comprehensive Plan?
Gagne:
I was appointed by the Council to work on that committee, and we started
last night. The Comprehensive Plan is a "vision" for what we
want to see in South Berwick. Some of it is antiquated and has to be changed.
It's not an ordinance. It's something we recommend to the town. It's a
thick document. [I'd like to] thin it down a little bit so the layman
can read it and understand it. We've just started, so it's going to be
the end of 2003 before we have anything to present to the people.
We were able to get a grant to get
someone to advise us on the areas that need to be changed in the Plan.
Do we need a full-time planner right now? I'm not for it. Down the road
probably so, but not at this point.
Rudolph:
I was involved in the writing of the current Comprehensive Plan. One of
the frustrations is that there really isn't a mechanism [for implementing
the Plan]. You get all these people involved in creating a vision and
then there's no way to turn that vision into laws and zoning regulations
and so forth. What we need is an individual or a town employee, a professional
staff person who would support the Plan and take what the committee comes
up with and present it to the Council and the Planning Board. The most
logical description for that person is Town Planner. I'm in favor of a
full-time planner, particularly now that we're in this rewrite phase.
Cathy Delp, the Planning Coordinator, does a fabulous job, but we need
somebody with more professional training to move these ideas through the
law-making process.
Roberge:
I don't feel qualified to answer at this time.
What's
your view of South Berwick in the next 5 years, 10 years, 20 years? What
do you see and hope to see here?
Roberge: My vision for
the next five years is somewhat controlled growth. We need economic development.
Offices are wonderful, but some type of light manufacturing will make
jobs. I've lived here all my life, watched the town grow. I just hope
it can develop and still hold onto its small-town charm. Ten years, twenty
years down the road I will still feel the same way.
Gagne:
I don't know how I can better that. Vision for the town: economic growth.
For the youth of the town, I'd like to see more activity in the sense
of a skateboard park. I think we need to reach out to the kids, let them
know we're behind them, support them. And help our seniors also. Our seniors
stepped in throughout the history of the town. That's why we are the personality
that we are. That's why we're South Berwick--"we" not "I."
Rudolph:
I hear a lot of my own sentiments echoed in what Bob and Sue said. I would
just add that Kathy and I moved here more than 20 years ago because it
was a unique community. People here have a special quality. There's an
openness, an acceptance of newcomers that I think is unique in New England.
The things that made South Berwick special then remain today. And I hope
they will continue to be the defining characteristics of this town. South
Berwick is the only town of its size in this area that has a vibrant downtown.
I'd like to see the recreational facilities continue and be expanded.
And the educational opportunities and the sense of community, which I
think is very strong, the sense of helpfulness, neighbors-to-neighbors,
friends-to-friends. That's my vision.
Closing
Comments
Rudolph: It's almost become a
cliché to say that September 11 was a wake-up call for our country.
And it's true that we're more concerned about security. But I also think
it was a wake-up call to return to the values that made this country great.
One of those values is democracy. Another is freedom: the freedom to participate
in government and to say what you want to say. I think we have taken those
freedoms for granted. One of the reasons I'm running for Town Council
is that, after September 11, I asked myself what I could do in response
to this terrible tragedy. I decided to become a fuller participant in
our democratic process. And I'd like to bring as many people along with
me as I can.
My goal is to open up the doors of
Town Hall and open up the Council process to as many citizens as want
to participate, so that we all feel our voices are heard and respect is
given to our opinions. I don't think that has always been the case. I
think people have felt shut out of the governmental process, and I want
to change that. I promise to work to make sure that your views, your concerns
are given a respectful hearing by the Council so that we can have a true
participatory democracy in South Berwick, which I think will be an example
to everyone.
Gagne:
I remember when I was first on the Board of Selectmen in the 1960s, when
you knew everybody on a first-name basis. I want to give back something
that the community has given me over the years, and I think that's happened
over the last few years. We've kept the downtown vibrant. My vision is
to see the Town keep going as it is, slowing the growth rate down, trying
to keep the tax rate down.
Roberge:
The two gentlemen here are very experienced in Town government. I am taking
my first attempt at it. My philosophy about life is simple. I've worked
hard. I've planned and saved for the future. I'm open-minded and level-headed.
And I think those qualities will be a real plus for a Town Council person.
I appreciate your consideration when you go to the polls on November 5.
See the Commentary
page for an editorial about the Candidates' Forum, and Dick Brown's
response to it.
ˆBack
to top
Posted November 4, 2002
Report on the Town Council Meeting
of October 28, 2002
by Margaret Brentano
Quote
of the week:
"He's fair and he's an
honest and decent and good
man."
--Town Manager Dick Brown, speaking about Councilor Gerald MacPherson,
who is resigning from the Council after serving for 16 years.
In
a brief and somewhat nostalgic meeting, the South Berwick Town Council
discussed the Vaughan Fund, agreed to consider increasing traffic signage
in Old Mill, approved a site for the town playground, and said farewell
to Councilor Gerald MacPherson.
Vaughan Fund Value Drops $100,000
All Council members
were in attendance, as was an audience of about 15. Before the start of
the meeting proper, the Council discussed The Vaughan Fund, which Town
Manager Dick Brown explained was a gift of $50,000 that the town had received
in 1948. It was intended to be used for recreational purposes, "with
an emphasis on winter." There now is over $200,000 in the fund's
account, but a year ago it was near $300,000. "It's been a tough
year," said Brown. Up to $12,000 or 5% of the fund's value as of
July 1st can be withdrawn to be used this year. Council member Cy Chase,
considering the state of the stock market commented that it was better
"to take 5 percent out, rather than have it go out in the breeze
somewhere."
Stop Signs and Stripes Proposed
Continuing last meeting's
discussion of traffic in the Old Mill development, Mike Williams presented
a letter requesting additional and improved stop signs -- ones made more
visible by the addition of stripes painted across the road at intersections.
He specifically requested additional signs at the intersection of Beaver
Dam Road and Mill Stream Lane. The Council was quite receptive and Dick
Brown agreed "stripes are probably a pretty good idea."
Playground Site Voted
Jeffrey Hoerth, speaking
on behalf of the Children's Leadership Council rose to inform the Council
that his group is still interested in trying to get a playground built
somewhere in town. He said, however, that since the Council's rejection
of the plan to build on land behind the Town Hall, the Leadership Council
had scaled back their ambitions from a project expected to cost $100,000
to one that would cost between $25,000 and $30,000.
Mr. Hoerth explained that the Children's Leadership Council, which is
working on other projects, including the possible funding of a small college
scholarship, would donate the structures to be constructed on town-owned
land. He said Dick Brown had shown him several possible sites, including
one on Norton Street, next to the tennis courts, near where the town hopes
eventually to build a gazebo. Dick Brown said, "I got the impression
you folks are ready to ask for that parcel." Councilor John Ford
described the site as: "A beautiful piece of property." After
very brief discussion of what has sometimes seemed a contentious issue,
the council voted unanimously in favor of siting the playground on Norton
Street.
MacPherson's Farewell
This was Gerald MacPherson's
final meeting. The councilors thanked Mr. MacPherson for his 16 years
on the Council with a cake, a rocking chair, and their spoken gratitude.
Councilor Robert Gagne said the Council would, "particularly miss
his expertise in picking a new Town Manager." Dick Brown said of
the only remaining Councilor of the group that first hired him, "he's
fair and he's an honest and decent and good man."
MacPherson in turn said he'd enjoyed his time on the Council and found
stepping down "bittersweet," but that "it's time for someone
else to sit in this seat." He said how grateful he was for recent
phone calls from the public. "I appreciate it," he said, "it
makes it all worthwhile." He also thanked his wife, Donna, in the
audience for the first time to attend his last meeting. He said the first
question he had gotten every morning of his years on the Council was,
"Any meetings tonight?"
In other business quickly concluded, the Council approved renewing Fogarty's
liquor license and tabled appointing a member to the York County Budget
Committee until after the upcoming election. "When in doubt, table
it," said Dick Brown.
ˆBack
to top
Posted November 20, 2002
Report on the Town Council Meeting
of November 12, 2002
by Mimi Demers
Quote
of the week:
"A lot of people out
there, politics is not their thing, government is not their thing."
--Council Chairman David Webster, responding to Councilor John
Rudolph's proposals to attract public participation.
Newly
elected councilors, Suzanne Roberge and John Rudolph, were sworn in at
a brief ceremony that preceded the Council meeting. Also present were
Council members John Ford and David Webster, Town Manager Dick Brown and
Town Clerk Barbara Bennett. Recently reelected Councilor Robert Gagne
was absent due to illness.
Following
a short Board of Assessors meeting, the Council unanimously reelected
David Webster as chairman for another year. Mr. Webster took a moment
to welcome the new councilors then nominated Bob Gagne to continue to
chair the Vaughan Fund. John Ford was reelected treasurer of the Vaughan
Fund.
Public
Assistance Guidelines Updated
A brief
public hearing was held in which the Town adopted the State legislature's
new guidelines for general assistance. (The new guidelines cover the period
October 1, 2002, to October 1, 2003, and represent the maximum amount
that the State will reimburse the Town for its assistance to families
in need.) Following a procedure that Dick Brown described as "a mechanical,
housekeeping, bookkeeping event that we do every year," the Council
voted unanimously to approve the new numbers.
Mr. Rudolph
expressed interest in knowing how much and what kind of assistance people
in town have received, and how this year's assistance compares with previous
years.
Municipal
Association Convenes at Spring Hill
Chairman
Webster advised the Council of the York County Municipal Association meeting,
scheduled for Thursday, November 21, at Spring Hill. The subject of the
meeting will be the Maine economy. Anticipating that the prospects for
a casino will be discussed, Mr. Webster strongly encouraged all councilors
to attend and to represent the Town's opposition to a casino. [EDITOR:
The results of the November 5 casino referendum were as follows: 378 votes
in favor of a casino in South Berwick, 1937 opposed; 815 votes in favor
of a casino elsewhere in the State, 1494 opposed.]
Code
Violation on Norton Street
Mr. Brown
described a Norton Street property owned by Russell Tarason, which appears
to contain three apartments rather than the two allowed by code. In a
recent letter to the Town, Mr. Tarason claimed to have obtained permission
from the code enforcement officer. But Mr. Brown reported that the Council
had previously denied Mr. Tarason his requested zoning change and that
the incident is described in the minutes of the Council meeting at which
the request was aired. Following a rather lengthy discussion, the Council
concluded that, although it would be preferable to avoid legal action,
Mr. Tarason would be in violation of the code if he attempted to operate
three apartments on the property. Mr. Brown agreed to pursue the matter
with Mr. Tarason.
Foster's
Covers Council
A new
reporter from Foster's Daily Democrat was acknowledged during public audience.
When asked if he was a first timer, he said with a grin, "Why? Do
I have that 'Look'?"
Increasing
Public Participation
During
Council Members' Reports, John Rudolph said it is "an honor and a
privilege to be sitting on this side of the table." He congratulated
the other election winners, then referred to South Berwick's better than
average but still disappointing voter turnout. He presented several ideas
for increasing public awareness and participation, and made a motion to
install two sandwich boards, one in front of Town Hall and one at the
transfer station, which could be used to announce Council and Planning
Board meetings. The pros and cons of this proposal were analyzed at some
length, including cost, location, logistics and potential liability. Chairman
Webster said, "I applaud your efforts, John. But you know, I talked
with a couple of people, and they're not interested-a lot of people out
there, politics is not their thing, government is not their thing."
Mr.
Ford acknowledged that citizens often ask him when Council meetings occur.
Mr. Rudolph withdrew his motion, and the Councilors decided by consensus
to put the two sandwich boards up and see how they work.
Mr. Rudolph
also proposed to address the problem of inconsistent reporting of South
Berwick news by area media. He suggested that a small delegation approach
the media to impress upon them the Town's interest in good coverage. This
suggestion also stimulated lively discussion. Chairman Webster asked Mr.
Rudolph to approach the local papers and radio stations himself and report
back to Council, and Mr. Rudolph agreed.
Expanded
Budget Process
Dick
Brown discussed the Town's budgeting process and ways in which budget
workshops and public hearings might be scheduled to allow for greater
public input. Mr. Rudolph was appreciative of Brown's attention to this
issue but requested clarification about when and where the public would
be allowed to participate in this process. Mr. Webster mentioned several
times that the public is welcome to attend budget workshops and talk with
Council members afterward. Brown pointed out that the Manager is a Town
employee-not an elected official-and that, according to Town charter,
the writing of the budget is his executive function. The budget workshops
with Council are conducted as a courtesy, which is why the public is not
invited to speak. "I can run the Town at any level you want,"
Brown said. "Where do you want the budget to end up? Things don't
get added to the budget 'cause there's no place to put them."
Council
agreed to set the public hearing for next year's budget on March 24, 2003,
which will allow two weeks and one Council meeting between the public
hearing and the budget vote. In the past, the hearing and the vote took
place on the same evening. With this change, Council will be able to receive
and discuss citizen feedback and make changes to the budget as it sees
fit.
Chairman
Objects to Citizen Coverage
On the
subject of the media, Chairman Webster took exception to an editorial
that appeared on the South Berwick Citizen website, which was critical
of his absence from the October 22 Candidates' Forum. "No one called
to interview me," Webster said, "or to ask me was I maybe sick
that night or maybe with my elderly parents." He also claimed that
the people of South Berwick don't deserve the criticism and that the Citizen
owes him an apology.
December
Council Meeting Set
Mr. Brown
proposed that only one Council meeting be held next month, on December
16.
ˆBack
to top
Posted December
2, 2002
Report on the Town Council Meeting
of November 25, 2002
by Rachel Schumacher
Quote
of the week:
"It's not generosity.
It's for my own self interest." -- South Berwick resident Manley
Gove, explaining his reasons for wanting to pave a portion of Dennett
Road in South Berwick.
The Town Council meeting began at
6 PM. Those present were Council members Bob Gagne, John Rudolph, Sue
Roberge, David Webster, Town Manger Dick Brown and Town Clerk Barbara
Bennett. Councilor John Ford was absent due to a robbery at his home.
Ten members of the public were in the audience.
Council
Votes to Appoint Jon St. Pierre as
Acting
Town Manager
Public Works Director, Jon St.
Pierre, was appointed by the Council to be South Berwick's acting Town
Manager. Mr. St. Pierre will be filling the position of outgoing Town
Manager Dick Brown. Mr. Brown, who has served as South Berwick's Town
Manager for 10 years, recently won a seat in the Maine State House of
Representatives. Mr. Brown will stay on until the end of the year, and
has offered to assist with the transition and the budgetary process. Mr.
St. Pierre, whose term is for a period of 6 months beginning January 1,
2003, will be eligible to apply to for the permanent Town Manager position.
Future
Farmers Market
During the informational part of the
meeting, Stacy Scontras, of Emery's Bridge Rd. addressed the Council about
a future farmers market. Ms. Scontras and several other residents have
been speaking with Dick Brown for the past 6 or 8 months about their desire
to provide a venue for local growers and craftspeople. According to Ms.
Scontras, it's only in the beginning stages, but they've recruited a lot
of interested people. Mr. Brown suggested the parking lot in front of
the Community Center as a possible location for the market. Mr. Brown
also voiced his support for the project, and asked that the town think
about contributing $500 toward it as start up money. Mr. Brown went on
to say that "it's a good investment for the town. Just another nice
thing about South Berwick."
Bob Gagne thought it was a good thing
as long as it didn't interfere with emergency services. Mr. Brown responded
by saying that it would not. Sue Roberge was concerned with town's liability
if the market is located on town property. Mr. Brown assured the Council
that the town would make sure that the insurance coverage is what it should
be. John Rudolph said he thought the farmers market was a "great
idea". Mr. Rudolph also asked what day the market would be held.
Ms. Scontras answered Saturday. Mr. Rudolph pointed out that Portsmouth
has a farmers market on Saturday, and asked if there could there be a
competition between the two markets? Ms. Scontras said she believed that
there would not, but she would check into it. David Webster said it was
a great idea too. He suggested that the Council look at it more closely
in the next month or so.
Paving
Dennett Road
Manley Gove of Dennett Rd. was asked
by Dick Brown to address the Council about his desire to pave part of
Dennett Rd. According to Mr. Brown, people on both sides of the road own
to the middle of the road. Mr. Brown also explained that Gove owns land
that he would like to develop for his family, but he can't because the
lot doesn't have any road frontage. Mr. Gove stated that his family has
owned quite a bit of land on Dennett Rd. for about 75 years. He explained
that he would like to take the road over and fix it up: hot top it, from
the new bridge on Dennett Rd. to his corner (about 1000 feet). After doing
this, he said that the town can take it over as a town road. He went on
to suggest that the town could take the road over by eminent domain and
pave that section themselves. According to Mr. Brown, Tuttle Farm owns
to the middle of the road where the bridge is. If Mr. Gove were to pave
that section of road, he would have to get permission from the abutters.
They in turn, would give up their ownership of the road in order for it
to be paved. If the abutters do not agree to paving that section of road,
then Mr. Gove said he would pave the Boyd Corner end of the road instead,
which is a distance of about a mile and a half.
David Webster asked: "You're
proposing that we take it by eminent domain so your child can build a
house?" Mr. Gove answered that he's willing to build the road himself.
A remark was made that he was being very generous. Mr. Gove responded
by saying that "it's not generosity. It's for my own self interest…for
my children." Mr. Gove went on to say that Dennett Rd. could be a
good bypass to Rt. 4 in the future. Mr. Brown stated that the real issue
is if Mr. Gove built the road from his property to Boyd Corner Rd. to
Rt. 4, everyone who doesn't want to go through North Berwick will use
it as a bypass. It comes down to paving the smaller front end of Dennett
Rd. vs. the other end to Boyd Corner Rd.
The Council decided to set up a workshop to review the issue. It was agreed
that the abutters be invited as well as North Berwick residents that may
be impacted by the possible paving.
New
Post Office Hours
During the Council members' reports,
John Rudolph voiced his concern about the South Berwick Post Office now
closing at 4:30 PM instead of 5 PM. Rudolph acknowledged how hard Dick
Brown and the Council have worked to keep the downtown vibrant. With the
Post Office closing earlier, Mr. Rudolph fears that that will take away
another incentive for people to come downtown. He asked if Dick or the
Council could communicate with the postmaster and find out the reason
for the decision and ask if the hours could be reinstated - at least for
the holiday season. Mr. Brown agreed to contact and question the Postmaster.
Re-Look
at Re-Zoning
John Rudolph brought up an issue regarding
the Council's recent vote to re-zone the downtown. As he understood it,
these were temporary measures put in place to freeze things until the
town came up with more permanent solutions to deal with the downtown.
Dick Brown responded by saying that he didn't understand it to be a temporary
measure. He explained that the rezoning was put in place to make it absolutely,
positively certain that Portland St. wouldn't get developed by gas stations,
McDonalds, or other things along that line. Mr. Rudolph acknowledged the
misunderstanding and stated that he would like to go back and revisit
the rezoning. He suggested that there are other ways to achieve the goal
that the Council had in mind, by using long-term planning tools. Examples
he gave include putting restrictions on square footage and expanding the
Historic District.. Mr. Rudolph also voiced some regret that John Ford
was not at the meeting, pointing out that he was the only Council member
who voted against the zoning change. He went on to say that by putting
restrictions around the center of town, we're creating a recipe for sprawl.
Mr. Rudolph volunteered to put together a presentation on zoning and bring
it back to the Council.
New
Eastern Trail Representative
David Webster announced that his tenure
as the South Berwick's representative to the Eastern Trail bike trail
project has come to an end. He said that with the help of John Rudolph
he has found a new representative: Terrence Parker, a resident of South
Berwick of Brattle St. The Council voted unanimously to appoint Mr. Parker
as the new representative. Sue Roberge was nominated as the alternate
representative.
Cost
of Living Increase for Town Employees
Mr. Brown presented his Town Manager's
report explaining that a decision has to be made on cost-of-living increases
for non-union town employees in next year's budget. According to Mr. Brown
the cost-of-living increase for a non-union, town employee has been calculated
at 1.9% or 2%. However, union employees of the town will receive a 3%
cost of living increase due to union contract provisions. Mr. Brown stated
that it's not fair that non-union employees receive less than union employees.
He asked the Council to decide if non-union employees should receive the
same increase as union employees. so he can move forward with the budgeting
process for next year.
ˆBack
to top
Posted January 5, 2003
Report on the Town Council Meeting
of December 16, 2002
by Margaret Brentano
All
councilors were in attendance, as was an audience of about
20.
Board
of Assessors
Appraiser Joe Lessard opened the Board
of Assessors meeting, explaining his office's attempt to trace the owners
of certain parcels of currently unassessed land near Mountain Road, with
the hope of returning the property to the tax rolls. Survey maps to the
neighborhood differ and titles to various properties are in dispute. "There's
a lot of complication out in that back part of town," David Webster
said. "It looks like this is going to be a big beehive."
The Council agreed to set up a workshop
some time early in the new year to try to sort out the situation.
Summer
Concert Series Funding
Jill St. Pierre addressed the
Council on behalf of the Summer Concert Series Committee. For the past
two years the Strawberry Festival has funded the series which last year
had an attendance of about 2000. St. Pierre said the Series' goal was
to "provide an opportunity for the community to come together, and
to encourage and celebrate young performers and give them an opportunity
to perform." Explaining that the Strawberry Festival will no longer
be able to fund the Series as fully as it has in previous years -- when
it provided about $1500 towards the $3,000 budget -- St. Pierre asked
that the town begin contributing $500 a year towards the Concert Series'
expenses. David Webster said the Council would "take it under advisement."
Casino Performance Standards
Council Member John Rudolph informed
his colleagues that he had heard that the towns of Eliot and Kittery,
which, like South Berwick had passed anti-casino resolutions, have started
work on performance standards for casinos -- "performance standards
so restrictive that no casino could meet all the conditions." Rudolph
suggested that S. Berwick should be in communication with the two other
towns, in order to "benefit from their groundwork."
In the discussion following this suggestion
Town Manager Richard Brown said "There's been a lot of debate around
zoning issues. If casinos ever make it past the state, the regulations
would all be state regulations, so you couldn't zone [casinos] out."
He also said, "There's no talk about [casinos] having a chance in
hell of getting past the state." David Webster answered "We
can't be overly prepared."
Cemetery Inventory
Ernie Wood, the head of the S.
Berwick Historical Society had called David Webster before the meeting
to discuss taking an inventory of the town's more than 80 cemeteries.
Webster reported that the Historical Society, which is contacted quite
frequently with genealogical questions, would like to "protect the
cemeteries, bring them back to good working order and make a list of everybody
buried in town." The Society is asking the town to back this effort.
"The town, by law, is responsible for every veteran's cemetery."
Webster said, "Every cemetery, even on private property, has to have
a legal right-of-way to it."
Councilor Robert Gagne reminded Webster
that not all those who lived in S. Berwick are buried here, many graves
are in Rollinsford. Webster stressed that the current issue is, "trying
to get together a list of people buried in South Berwick." He also
said, "they're not necessarily looking for any money, there's grant
money out there."
The council supported Mr. Wood's idea
of setting up a meeting of the VFW, Town Council and "all interested
parties."
Junkyard
Permits
The council also renewed two junkyard
permits. Councilor Suzanne Roberge recused herself from both the discussion
and vote, citing a conflict of interest. The Council first took up Emery's
Junkyard on Emery's Bridge Road. Councilor John Ford, after seconding
a motion to approve the renewal of the yard's permit, said, "I have
no heartache with proceeding on Mr. Emery's Junkyard, but I would like
to see some attention to some of the stuff pushed close to the road."
Stuart Emery responded, "I know it's a mess. I've been picking a
lot of cars up, too. Bear with me until I can get it cleaned up. But it
will be cleaned up."
After some further discussion Mr.
Emery's permit was renewed, as was, without comment, the one for Charles
Lynch's junkyard on Route 236.
Further
Business
The Council voted to establish
its meeting schedule for 2003 and discussed the transition of Terry Oliver
to Public Works Director while the current Public Works Director John
St. Pierre serves as interim Town Manager. They also noted the receipt
of a FEMA grant for $450,000 with which the Fire Department will purchase
a new truck, and the acceptance of Black Swan Drive, which was built to
the town's new road standards, as a town way.
ˆBack
to top
|
|