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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.
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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.
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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
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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.]
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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.
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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.
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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).
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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.
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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.
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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.
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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
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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).
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